Town Board Minutes - Organizational Meeting
ORGANIZATIONAL MEETING
January 8, 2007
The Organizational Meeting of the Town of Royalton Town Board was held on Monday, January 8, 2007, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, NY 14105.
Supervisor Cal Rhoney called the meeting to order at 7:00 PM with the Pledge to the Flag. The following were present:
Supervisor Cal Rhoney
Town Clerk Marie L. Little
Councilmen A. Robert Stahl, Lee Criswell, Richard J. Lang
Highway Superintendent Terry Nieman
Water/Sewer Superintendent Daniel Morse
Assessor Thomas Arlington
Town Attorney Thomas Brandt
Also present were: See Attached Sheets
A motion was made by A. Robert Stahl, seconded by Lee Criswell that it be
RESOLVED that the following appointments of the Town Officials and Town Employees for the year commencing January 1, 2007 and ending December 31, 2007, unless otherwise specified be made:
Deputy Supervisor Lee Criswell
Budget Officer Cal Rhoney
Deputy Town Clerk Barbara Bartholomew
Deputy Water & Sewer Superintendent Scott G. Little
Deputy Highway Superintendent Fred Jago
Registrar of Vital Statistics Marie L. Little
Deputy Registrar of Vital Statistics Barbara Bartholomew
Water Payment Collection Clerk Marie L. Little
Ditching Coordinator Paul Bruning
Town Historian Jesse Bieber
Dog Control Officer Ellen Johnston
Building, Public Assembly, Multiple
Residence & Zoning Enforcement Thomas Arlington
Deputy Tax Collector Barbara Bartholomew
Highway Clerk (Part-Time ) Charlene Surace
Bingo Inspector Douglas Hinds
Games of Chance Inspector John J. Swick
Zoning Board of Appeals Clerk OPEN
Water / Sewer Superintendent Daniel Morse (4-year term 01/01/07 - 12/31/10)
Town Engineers TVGA Consultants
Town Consulting Attorney OPEN
Cemetery Clerk Marie L. Little
Custodian Sandy Kress
Court Constable John J. Swick
Confidential Secretary to Supervisor (P/T) Sonya Hudson
Recreation Commission (3) Rodney Klinzing
Donna Nieman
Beth Capella
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
ORGANIZATIONAL MEETING
January 8, 2007
Page 2
A motion was made by Lee Criswell, seconded by Richard J. Lang that it be
RESOLVED that pursuant to Section 142 (1a) of the Highway Law of the State of New York, the Superintendent of Highways of the Town of Royalton, be authorized to purchase equipment, tools, and implements without prior approval of the Town Board in an amount not to exceed $2,000.00 and to further purchase gravel for Town requirements at a price not to exceed the set County price. The Highway Superintendent is further authorized to rent necessary equipment at a stated standard price as set by the State of New York and to purchase necessary items at the current or subsequent County or State Bid price.
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
A motion was made by Richard J. Lang, seconded by Lee Criswell that it be
RESOLVED to authorize the members of the Town Board, Town Clerk, Highway Superintendent, Assessor, Tax Collector, Town Justices and any other authorized personnel, to attend the Association of Towns meeting in New York City in February 2007, with necessary expenses to be reimbursed.
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
A motion was made by A. Robert Stahl, seconded by Richard J. Lang that it be
RESOLVED to authorize the Highway Superintendent to attend the Spring and Fall Highway Superintendent's School, and to authorize the Town Clerk to attend the NYS Town Clerk's Association training seminar in April, 2007, and also to authorize the Supervisor to attend the Supervisor's Seminar, with all necessary expenses to be reimbursed.
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
A motion was made by Richard J. Lang, seconded by A. Robert Stahl that it be
RESOLVED to designate HSBC Bank USA, Middleport, New York, as the depository trust of monies for the Town of Royalton.
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
A motion was made by Lee Criswell, seconded by A. Robert Stahl that it be
RESOLVED to authorize Cal Rhoney, Supervisor and Fiscal Officer of the Town of Royalton to institute and deposit in interest bearing accounts any sum of money and for such periods of time and for such rates as can be obtained, as in his opinion of the fiscal condition of the Town of Royalton permits and warrants. Be it FURTHER RESOLVED that Cal Rhoney, Supervisor of the Town of Royalton, be authorized to invest from time to time such surplus amounts of town funds as in his opinion is warranted in interest bearing United States Government Bonds or Treasury Notes and in interest bearing notes from Royalton Hartland Central School.
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
ORGANIZATIONAL MEETING
January 8, 2007
Page 3
A motion was made by Richard J. Lang, seconded by Lee Criswell that it be
RESOLVED to designate the Union Sun & Journal, Lockport, New York, as the Official Newspaper of the Town of Royalton, for the year commencing January 1, 2007.
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
A motion was made by A. Robert Stahl, seconded by Richard J. Lang that it be
RESOLVED to hold the Regular Town Board meetings of the Town of Royalton on the second Monday of each month at 7:30 PM, with the exception of the October meeting, which will be held on the third Monday of the month, or as resolution adopted at the preceding Regular Meeting.
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
A motion was made by Lee Criswell, seconded by Richard J. Lang that it be
RESOLVED to set the Work Session date for the Board Meeting on the Wednesday preceding the second Monday of the month at 4:00 PM.
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
A motion was made by Richard J. Lang, seconded by A. Robert Stahl that it be
RESOLVED that the Town Officials and the Town Employees be compensated for the use of their personal automobiles connected with Town business and affairs at a rate of $.445 per mile.
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
A motion was made by Lee Criswell, seconded by A. Robert Stahl that it be
RESOLVED that the salaries of the Town Officials and Town Employees for the year commencing January 1, 2006, be set at the amounts respectively stated and authorized in the Annual Budget which was adopted on November 20, 2006, and as listed below: (All salaries are paid on a bi-weekly schedule unless otherwise noted.)
Supervisor $16,000.00
Councilmen (4) $ 6,000.00 each
Town Justices (2) $15,603.00 each
Town Clerk $35,589.00
Highway Superintendent $51,270.00
Water / Sewer Superintendent $49,263.00
Assessor $24,374.00
Building Inspector $10,732.00
Zoning Enforcement Officer $13,642.00
Tax Collector $ 5,820.00
Budget Officer $ 3,000.00
Deputy Supervisor $ 750.00
Assessor's Clerk (Part-Time) $ 14.37/ hour
Highway Clerk (Part-Time) $ 13.45 / hour
Deputy Town Clerk (Part-Time) $ 14.37 / hour
Justice Clerks (2 - Part-Time) $ 14.37 / hour
Confidential Secretary to Supervisor (P/T) $ 16.48 / hour
ORGANIZATIONAL MEETING
January 8, 2007
Page 4
SALARIES Continued
Patrol Officer (J. Swick) $ 16.72 / hour
Custodian $ 9.27 / hour
Town Historian $ 1,000.00 semi-annual
Water Collection Clerk $ 3,500.00 annual
Cemetery Clerk $ 1,000.00 annual
Consulting Attorney $ 100.00 / hour
Engineer (TVGA) $ 150.00 / month as per contract
Zoning Board Chairman $ 75.00 / meeting
Zoning Board Members & Clerk $ 65.00 / meeting
Planning Board Chairman & Secretary $ 75.00 / meeting
Planning Board Members $ 65.00 / meeting
Bingo Inspector $ 46.00 / inspection
Games of Chance Inspector $ 45.00 / inspection
Assessment Board of Review $ 60.00 per Diem
$ 35.00 / inspection class
Water / Sewer Hourly Employees per Union Contract
Highway Dept. Hourly Employees per Union Contract
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
A motion was made by A. Robert Stahl, seconded by Richard J. Lang that it be
RESOLVED that the Town Offices will follow the Niagara County Holiday Schedule and will be closed on the following holidays:
Martin Luther King Day Labor Day Day after Thanksgiving
President's Day Columbus Day (observed) ½ day Christmas Eve
Good Friday Election Day Christmas Day
Memorial Day (observed) Veteran's Day ½ day New Year's Eve
Independence Day Thanksgiving Day New Year's Day
One Floating Holiday
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
A motion was made by Richard J. Lang, seconded by Lee Criswell that it be
RESOLVED that the Highway Department hourly employees and the Water/Sewer Department hourly employees be governed per their Union Contract regarding sick time, vacation time, and legal holidays as listed in their contract. Holidays are as follows:
New Year's Day Columbus Day (Highway Only)
Washington's Birthday (Water only) Veteran's Day Good Friday Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Eve ½ day
Labor Day Christmas Day
Floating Holiday New Year's Eve ½ day
Plus 24 hours of personal leave to be used during the calendar year.
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
ORGANIZATIONAL MEETI NG
January 8, 2007
Page 5
A motion was made by A. Robert Stahl, seconded by Richard J. Lang that it be
RESOLVED to appoint the Town Board Members to the following committees for the year 2007:
Cal W. Rhoney: Chief Fiscal Officer, Budget Officer, Fire Advisory Board, Street Lighting,
Safety Committee, Refuse Committee, State Aid & Grants, Newsletter Committee,
Buildings & Grounds, Highway Committee, Insurance Committee
Lee Criswell: Deputy Supervisor, Insurance Committee, Safety Committee, Buildings & Grounds, Street Lights
A. Robert Stahl: Safety Committee, Fire Advisory Board
OPEN: State Aid & Grants, Newsletter Committee, Highway Committee
Richard J. Lang: Garbage Committee, Court Committee, Water Committee
Tom Arlington: Fire Advisory Board
* All Town Board members will serve on Drainage, Town wide Water and the Cemetery Committees.
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
A motion was made by A. Robert Stahl, seconded by Lee Criswell that it be
RESOLVED to adopt the Investment Policy of the Town of Royalton as per the following:
TOWN OF ROYALTON INVESTMENT POLICY
The objective of the Investment Policy of the Local Government is to minimize risk; to insure that investments mature when the cash is required to finance operations; and to insure a competitive rate of return. In accordance with this policy, the Chief Fiscal Officer is hereby authorized to invest all funds including proceeds of obligations and reserve funds in:
•Ø Certificates of Deposit issued by a bank or trust company authorized to do business in New York State;
•Ø Time Deposit Accounts in a bank or trust company authorized to do business in New York State;
•Ø Obligations of New York State;
•Ø Obligations of the United States Government;
•Ø In Repurchase Agreements involving the purchase and sale of direct obligations of the United States.
All funds except Reserve Funds may be invested in:
•Ø Obligations of agencies of the federal government if principal and interest is guaranteed by the United States.
INVESTMENT POLICY Continued
•Ø With the approval of the State Comptroller, in Revenue Anticipation Notes or Tax Anticipation Notes of other local governments.
Only reserve funds may be invested in:
•Ø Obligations of the Local Government.
All other Local Government officials receiving money in their official capacity must deposit such funds in negotiable order of withdrawal accounts.
All investments made pursuant to this Banking investment policy were established and shall comply with the following conditions.
ORGANIZATIONAL MEETI NG
January 8, 2007
Page 6
COLLATERAL
•Ø Certificates of deposit shall be fully secured by insurance of the Federal Deposit Insurance Corporation or by obligations of New York State or obligations of the United States or obligations of federal agencies the principal and interest of which are guaranteed by the United States, or obligations of New York State local governments. Collateral shall be delivered to the Local Government or a Custodial Bank with which the Local Government has entered into a Custodial Agreement. The market value of collateral shall at all times equal or exceed the principal amount of the certificate of deposit. Collateral shall be monitored no less frequently than weekly, and market value shall mean the bid or closing price as quoted in the Wall Street Journal or as quoted by another recognized pricing service.
•Ø Securities purchased through a repurchase agreement shall be valued to market at least weekly.
•Ø Collateral shall now be required with respect to the direct purchase of obligations of New York State, obligations of the United States, and obligations of federal agencies the principal and interest of which are guaranteed by the United States Government.
DELIVERY OF SECURITIES
•Ø Repurchase Agreements. Every Repurchase Agreement shall provide for payment to the seller only upon the seller's delivery of obligations of the United States to the Custodial Bank designated by the Local Government, or in the case of a book-entry transaction, when the obligations of the United States are credited to the Custodian's Federal Reserve Bank account. The seller shall not be entitled to substitute securities. Repurchase agreements shall be for periods of 30 days or less. The Custodial Bank shall confirm all transactions in writing to insure that the Local Government's ownership of the securities is properly reflected on the records of the Custodial Bank.
•Ø Payment shall be made by or on behalf of the Local Government for obligations of New York State, obligations the principal and interest of which are guaranteed by the United States, United States Obligations, Certificates of Deposit, and other purchased securities upon the delivery thereof to the custodial bank, or in the case of a book-entry transaction, when the purchased securities are credited to the Custodial Bank's Federal Reserve System account. All transactions shall be confirmed in writing.
WRITTEN CONTRACTS
•Ø Written contracts are required for Repurchase Agreements, certificates of deposit, and custodial undertaking. With respect to the purchase of obligations of United States, New York State, or other governmental entities, etc. in which monies may be invested, the interests of the Local Government will be adequately protected by conditioning payment on the physical delivery of purchased securities to the Local Government or Custodian, or in the case of the book-entry transactions, on the crediting of purchased securities to the Custodian's Federal Reserve System account. All purchases will be confirmed in writing to the Local Government.
INVESTMENT POLICY Continued
•Ø It is therefore, the policy of the Local Government, to require written contracts as follows:
•A. Written contracts shall be required for all Repurchase Agreements. Only credit worthy banks and primary reporting dealers shall be qualified to enter into a Repurchase Agreement with the Local
Government. The written contract shall provide that only obligations of the United States may be purchased, and the Local Government shall make payment upon delivery of the securities or appropriate book-entry of the purchased securities. No specific repurchase agreement shall be entered into unless a master repurchase agreement has been executed between the Local Government and the trading partners. While the term of the master repurchase agreement may be for a reasonable length of time, a specific repurchase agreement shall not exceed thirty (30) days.
•B. Written contracts shall be required for the purchase of all certificates of deposit.
•C. A written contract shall be required with the Custodial Bank.
ORGANIZATIONAL MEETING
January 8, 2007
Page 7
DESIGNATION OF CUSTODIAL BANK
•Ø Custodial Bank. HSBC Bank USA, chartered by the State of New York is designated to act as Custodial Bank of the Local Government's investments. However, securities may not be purchased through a Repurchase Agreement with the Custodial Bank.
FINANCIAL STRENGTH OF INSTITUTIONS
•Ø All trading partners must be credit worthy. Their financial statements must be reviewed at least annually by Chief Fiscal Officer to determine satisfactory financial strength or the Chief Fiscal Officer may use credit rating agencies to determine credit worthiness of trading partners. Concentration of investments in financial institutions should be avoided.
•Ø Investments in time deposits and certificates of deposit are to be made with banks or trust companies. Their annual reports must be reviewed by the Chief Fiscal Officer to determine satisfactory financial strength.
•Ø When purchasing eligible securities, the seller shall be required to deliver the securities to our Custodial Bank.
•Ø Repurchase Agreements shall be entered into only with banks or trust companies or registered and primary reporting dealers in government securities. Sound credit judgments must be made with respect to trading partners in repurchase agreements. It is not assumed that inclusion on a list of the Federal Reserve is automatically adequate evidence of credit worthiness.
•Ø Repurchase Agreements should not be entered into with undercapitalized trading firms.
•Ø A margin of 5% or higher of the market value of purchased securities in repurchase agreements must be maintained.
OPERATIONS, AUDIT, AND REPORTING
•Ø The Chief Fiscal Officer or the Deputy Chief Fiscal Officer shall authorize the purchase and sale of all securities and execute contracts for Repurchase Agreements and certificates of deposit on behalf of the Local Government. Oral directions concerning the purchase or sale of securities shall be confirmed in writing. The Local Government shall pay for purchased securities upon the delivery or book-entry thereof.
•Ø The Local Government will encourage the purchase and sale of securities and certificates of deposit through a competitive or negotiated process involving telephone solicitation of at least three bids for each transaction.
•Ø At the time independent auditors conduct the annual audit of the accounts and financial affairs of the Local Government, the independent auditors shall audit the investments of the Local Government for compliance with the provisions of these Investment Guidelines.
•Ø Within sixty (60) days of the end of each of the first three (3) quarters of the fiscal year, the Chief Fiscal Officer shall prepare and submit to the Audit and Finance Committee of the Local Government a quarterly investment report which indicate new investments, the inventory of existing investments, and such other matters as the Chief Fiscal Officer deems appropriate.
•Ø Within 120 days of the end of the fiscal year, the Chief Fiscal Officer shall prepare and submit to the Audit and Finance committee an annual investment report; recommendations for change in these Investment Guidelines; the results of the annual independent audit; the investment income record; a list of total fees, commissions or other changes, if any, paid to the Custodial Bank and such other matters as the Chief Fiscal Officer deems appropriate.
•Ø The Governing Board of the Local Government shall review and approve the annual investment report, if practicable, at its annual meeting.
ORGANIZATIONAL MEETING
January 8, 2007
Page 8
•Ø At least annually, and if practicable, at the annual meeting of the Governing Board, the Members shall review and amend, if necessary, these Investment Guidelines.
•Ø The provisions of these Investment Guidelines and any amendments hereto shall take effect prospectively, and shall not invalidate the prior selection of any Custodial Bank or prior investment.
The following banking institutions are included in the INVESTMENT POLICY:
Key Bank of Western New York, N.A.
Fleet Bank of New York
Manufacturers and Traders Trust Company
HSBC Bank USA
Chemical Bank
Bank of Akron
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
A motion was made by Lee Criswell, seconded by A. Robert Stahl that it be
RESOLVED to authorize the Supervisor to make the following Budget Appropriation Contract payments when funds are available:
•Ø $78,217.39 Gasport Fire Protection
•Ø $31,793.00 Gasport Fire District
•Ø $78,217.39 Middleport Volunteer Fire Company
•Ø $78,217.39 Terry's Corners Volunteer Fire Company
•Ø $81,648.56 Wolcottsville Volunteer Fire Company
•Ø $26,758.69 Rapids Volunteer Fire Company
•Ø $ 5,000.00 Middleport Free Library
•Ø $ 1,000.00 Gasport Senior Citizens
•Ø $ 1,000.00 Middleport Senior Citizens
•Ø $ 1,000.00 Wolcottsville Senior Citizens
•Ø $ 600.00 Royalton Historical Society
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
A motion was made by Lee Criswell, seconded by Richard J. Lang that it be
RESOLVED to adopt the following Procurement Policy:
•A. $1.00 to $2,000.00 - purchase is at the discretion of the Department Head without prior board approval.
•B. $2,001.00 - $10,000.00 - purchase must include two (2) verbal quotations or written quotations with documentation attached to voucher or Purchase Order.
•C.Over $10,000.00 - purchase must be done through advertisement for sealed bids.
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
ORGANIZATIONAL MEETING
January 8, 2007
Page 9
A motion was made by A. Robert Stahl, seconded by Lee Criswell that it be
RESOLVED to designate TVGA - Tallamy, Van Kuren, Gertis & Associates, as the Town Engineers for the Town of Royalton.
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
A motion was made by Richard J. Lang, seconded by A. Robert Stahl that it be
RESOLVED to designate Raymond C. Wager, CPA, to conduct the end of year audit for the Town of Royalton.
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
Discussion ensued by the Town Board regarding the resolution to designate an official Law Firm and Town Prosecutor for the Town of Royalton.
A motion was made by Richard J. Lang, seconded by Lee Criswell that it be
RESOLVED that the Town Board of the Town of Royalton would like to request an RFP (Request for Proposal) to be returned to the Town Board by February 7, 2007 from the two (2) law firms interested in these positions prior to making this designation.
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
A motion was made by Lee Criswell, seconded by Richard J. Lang that it be
RESOLVED to authorize the Town Board members to sign the "Agreement for the Expenditure of Highway Moneys, Section 284, of the Highway Law". This agreement is made between the Town of Royalton Town Board and the Town of Royalton Highway Superintendent authorizing him to expend the moneys authorized in his budget in the amount of $668,640.00 for General Repairs for basic work and general maintenance upon the 82.33 miles of town highways, including sluices, drainage ditches, culverts and bridges having a span of less than five feet, tree and brush removal, board walks, sidewalks that are the responsibility of the Town, emergency activities as such are authorized by the Town Board, and other activities involved with the care, upkeep and maintenance of highways and bridges of the Town.
AYES: Rhoney, Stahl, Criswell, Lang
NAYS: None MOTION CARRIED
There being no further information to come before the board regarding the Organizational Meeting, the meeting was closed at 7:12 PM. The Town Board will convene in to their scheduled Public Hearing at 7:15 PM.
MARIE L. LITTLE, RMC
ROYALTON TOWN CLERK