Town Board Minutes - Regular Board Meeting
REGULAR BOARD MEETING
February 13, 2006
A Regular Meeting of the Town Board of the Town of Royalton was held on Monday, February 13, 2006, at the Royalton Town` Hall, 5316 Royalton Center Road, Middleport, New York. Supervisor Chad D. McHenry opened the meeting with the pledge to the flag at 7:30 PM.
The following were present:
Supervisor Chad D. McHenry
Town Clerk Marie L. Little
Councilmen A. Robert Stahl, Lee Criswell, Calvin Rhoney, Richard Lang
Highway Superintendent Terry Nieman
Water/Sewer Superintendent Daniel Morse
Assessor Thomas Arlington
Attorney Thomas Brandt
Also present were: See Attached Sheets
A motion was made by Lee Criswell, seconded by Calvin Rhoney and carried unanimously that the minutes of the January 9, 2006 Organizational Meeting be approved as presented.
Public Discussion
Jared Bruning, addressed Councilman Criswell regarding the Town policy on not hiring family members of anyone working for the Town. Mr. Bruning asked why Mr. Criswell's brother digs the grave digging at the Royalton Mountain Ridge Cemetery. Supervisor McHenry stated that it is a contract. It is not an hourly position, which is addressed in the Town policy. Mr. Bruning stated that he was satisfied with that answer.
Lloyd Westcott questioned Councilman Calvin Rhoney about the amount quoted in the newspaper for the bridge project (Bartel Road). A lengthy discussion ensued. Councilman Rhoney was not able to answer Mr. Westcott's questions. Mr. Nieman asked the Town Board members how much was actually borrowed for the Bartel Road Bridge Project. No one could give a definitive answer. Lengthy discussion ensued. Attorney Thomas Brandt stated that New York State sets the repayment schedule in the local finance law for each item that money was borrowed for, depending on its useful life expectancy. Attorney Brandt explained how the payback mechanism works. The town is only obligated to make interest payments each year and can choose to make the full principal payment at the end of the contract term. Lengthy discussion ensued regarding this issue.
Mr. Westcott asked how the Bartel Road Bridge Project was financed. It does not show up in the 2006 Budget as a separate line item. A lengthy discussion ensued regarding the Bartel Road Bridge Project at this point in the meeting.
Mr. Jim Budde, publicly thanked Highway Superintendent Terry Nieman and Councilman Calvin Rhoney for answering his comments that were printed in the US & J. He had a dialogue with both of them and they tried to answer his concerns. Mr. Budde questioned the Deputy Supervisor position again. He wanted to know why the Supervisor went outside of the elected officials on the Town Board to fill this position. Discussion ensued regarding the compensation for this position. Supervisor McHenry stated that the funds come out of the Supervisor's budget line. The Ditching Coordinator position comes out of the Personal Services line item in the ditching fund. Supervisor McHenry stated that the salary is the same for the Ditching Coordinator as it was in 1995.
Mr. Budde questioned how many people were planning on attending the Association of Towns meeting and what the daily dollar amount for food reimbursement for traveling is? Supervisor McHenry stated that there is no set dollar figure for meal reimbursement at this time. Thomas Brandt, Town Attorney, will be the only one attending and will represent the Town of Royalton. Mr. Budde also questioned the status of the cemetery grant. Councilman Criswell stated that he is still waiting to hear back on that. Mr. Budde questioned the Town Board members as to what we are paying the Grant Writers and if we are getting our monies worth from their services. He stated that he felt that grants are great. Mr. Budde questioned the Ditching Program again. He would like to challenge the Town Board Members to take a look at the program and the benefit to the community as a whole. Mr. Budde also questioned the change in the RMO personnel status. Lengthy discussion ensued.
Mr. Budde questioned Tom Arlington, Assessor, on the status of the Barron property in Gasport. Discussed regarding the asbestos cleanup of the Barron property ensued. Mr. Arlington stated that the money is not in the budget to pay for this project. Supervisor McHenry stated that we are looking for a member item, not a grant, through the Senate or the Assembly, to help with the asbestos removal.
REGULAR BOARD MEETING
February 13, 2006
Page 2
Lengthy discussion ensued regarding the Drainage Coordinator position and the $2,500.00 stipend. Councilman Rhoney stated that he is thrilled that Mr. Budde is here to question us and try to understand what is going on in the town.
Councilman Lang asked how long an employee has to submit expenses such as mileage, phone bills, etc. Terry Nieman, Highway Superintendent, stated that there has never been a written policy regarding this. Discussion ensued regarding this matter.
Donna Nieman, asked a question regarding the cemetery being self-supporting, or does it cost the town money. Ms. Nieman questioned the $17,000.00 + for the tree cutting last year. Town Clerk Marie L. Little stated that the payment for the tree cutting came from the funds turned over to the town by the original cemetery association. There was no tax-payer dollars used for that project. Lengthy discussion ensued regarding this matter.
There being no further discussion to come before this board, the Public Comment session was closed at 8:20 PM.
Communications
Councilman Rhoney contacted Senator Maziarz's office regarding the Freeman Road Bridge, which was shut down by the NYS DOT. Traffic has been shut down to one late. We are looking for Emergency Funding to help pay for these repairs.
Councilman Rhoney will forward a letter to the Senator to see if there is anything he can do for us in the way of funding.
Report of Department Heads
Thomas Arlington, Assessor - nothing to report at this time.
Daniel Morse, Water/Sewer Superintendent - need a resolution for a minimum sewer charge on the agenda. Also, he will not be attending the seminar nest week that he was approved to attend previously.
Terry Nieman, Highway Superintendent - would like to sit down with Dick & Cal on the 30ft. width of the driveways. He would like to set a standard price for each year to take effect by May 1st. Discussion ensued regarding this matter. He contacted the new company on Ohio Street in Lockport regarding taking tires. They don't want to buy any tires. They charge $95.00 per ton if we deliver the tires to them. They do not pay for them. We currently pay $100.00 per ton and Modern picks them up here on site. Discussion ensued regarding bridges and overweight trucks crossing them. We need to sit down and create a play to start to rebuild the bridges in the Town of Royalton. Discussion ensued regarding the tire pick up and amounts allowed.
Zoning / Planning - nothing to report at this time per Supervisor McHenry.
Thomas Brandt, Town Attorney - will be attending the Association of Towns meeting in New York City. He will be glad to act as our liaison if we want to designate him as our delegate.
Unfinished Business
Councilman Lang spoke regarding the tire pick up changes. He spoke with Joe Hickman of Modern Disposal and was told that the two (2) tires per household, per week, had been taken out of the contract. We had to go to the dumpster on site because the law changed and the tires could no longer be mixed in with the other trash. Our current with Modern expires on December 31, 2007.
REGULAR BOARD MEETING
February 13, 2006
Page 3
New Business
A motion was made by Lee Criswell, seconded by Richard Lang that it be
RESOLVED to authorize TVGA, Town Engineers, to be able to award the Route 31 Water and Sewer Extension Project to the responsible bidder submitting the lowest acceptable bid as long as the total amount bid is within the budget set forth by the Town. Bid opening for this project is set for Friday, February 17, 2006 at 11:00 AM.
AYES: McHENRY, STAHL, CRISWELL, RHONEY, LANG
NAYS: NONE MOTION CARRIED
A motion was made by Calvin Rhoney, seconded by Lee Criswell that it be
RESOLVED to authorize TVGA, Town Engineers, to advertise for Bid on the Phase 12 Water Project (Telegraph Road). Bid dates will be coordinated with Town Clerk Marie L. Little and advertisement will take place before the end of February. Councilman Rhoney asked if the Highway Department and Water/Sewer Department could do this project cheaper. Dan Morse, Water/Sewer Superintendent stated that this project was too complicated for his department to get in to.
AYES: McHENRY, STAHL, CRISWELL, RHONEY, LANG
NAYS: NONE MOTION CARRIED
A motion was made by Calvin Rhoney, seconded by Richard Lang that it be
RESOLVED to authorize TVGA, Town Engineers, to complete the review of the Barden Business Center plans for their infrastructure (road, water, and storm sewer) on Route 31. TVGA will make comments and resolve any outstanding issues. Once this process is completed, TVGA will provide a recommendation to the Planning Board.
AYES: McHENRY, STAHL, CRISWELL, RHONEY, LANG
NAYS: NONE MOTION CARRIED
A motion was made by Richard Lang, seconded by Calvin Rhoney that it be
RESOLVED to adopt the following:
WHEREAS, the Town Water Department has an ongoing program to replace meter reading devices; and
WHEREAS, a certain number of meter reading devices have produced readings that do not coincide with the particular meter; and
WHEREAS, the replacement program leads to a one-time "catch up" reading that produces a higher than normal gallon usage; and
WHEREAS, it is not possible to determine when the gallons were used and what price should be charged for each gallon;
NOW THEREFORE, it is RESOLVED that the gallon usage difference between the meter and the meter reader shall be charged at a 50% cost basis and each user shall have sixty (60) days to pay without penalty.
AYES: McHENRY, STAHL, CRISWELL, RHONEY, LANG
NAYS: NONE MOTION CARRIED
A motion was made by Richard Lang, seconded by Calvin Rhoney that it be
RESOLVED to set a minimum width for a driveway to be installed by the highway department. All new driveways shall be a minimum of 30 foot in width. The cost for the pipe, stone, and installation shall be determined by the Highway Superintendent when each application is presented.
AYES: McHENRY, STAHL, CRISWELL, RHONEY, LANG
NAYS: NONE MOTION CARRIED
REGULAR BOARD MEETING
February 13, 2006
Page 4
A motion was made by Calvin Rhoney, seconded by Lee Criswell that it be
RESOLVED to appoint Thomas Brandt, Town Attorney, the person to whom any appeals will be directed regarding any FOIL requests (Freedom of Information) which have been denied by the Supervisor.
AYES: McHENRY, STAHL, CRISWELL, RHONEY, LANG
NAYS: NONE MOTION CARRIED
A motion was made by Lee Criswell, seconded by Richard Lang that it be
RESOLVED to accept the following two (2) new members to the Wolcottsville Volunteer Fire Company:
Christina J. Luick & Heather Coder
AYES: McHENRY, STAHL, CRISWELL, RHONEY, LANG
NAYS: NONE MOTION CARRIED
A motion was made by Lee Criswell, seconded by Calvin Rhoney that it be
RESOLVED to appoint Thomas Brandt, Town Attorney as the Town Representative at the Association of Towns Annual Meeting in New York City.
AYES: McHENRY, STAHL, CRISWELL, RHONEY, LANG
NAYS: NONE MOTION CARRIED
A motion was made by Lee Criswell, seconded by Calvin Rhoney that it be
RESOLVED to accept Sandy Kress as the new cleaner for the Town of Royalton.
AYES: McHENRY, STAHL, CRISWELL, RHONEY, LANG
NAYS: NONE MOTION CARRIED
A motion was made by Richard Lang, seconded by Lee Criswell that it be
RESOLVED that Pursuant to the Town of Royalton Water & Sewer Ordinance, a minimum sewer usage charge will be established. Minimum charge will be $4.80 for the first 3,000 gallons, and $1.60 per 1,000 gallons thereafter.
AYES: McHENRY, STAHL, CRISWELL, RHONEY, LANG
NAYS: NONE MOTION CARRIED
A motion was made by Calvin Rhoney, seconded by Richard Lang and carried unanimously that the Town Clerk be and she is hereby authorized to draw a warrant upon the funds of the Supervisor in the amount of $181,136.32 covering vouchers #21 - 211 for the Town Hall, Highway, and Water/Sewer Departments.
Councilman Rhoney welcomed the Boy Scouts in attendance to our meeting. They attended our meeting in pursuit of one of their merit badges.
There being no further discussion to come before this board, a motion was made by Lee Criswell, seconded by Calvin Rhoney and carried unanimously that the meeting be adjourned at 9:43 PM.
Respectfully submitted,
MARIE L. LITTLE, TOWN CLERK
TOWN OF ROYALTON