Town Board Minutes - Regular Board Meeting
REGULAR BOARD MEETING
March 13, 2006
A Regular Meeting of the Town Board of the Town of Royalton was held on Monday, March 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 - VACATION
Assessor Thomas Arlington
Attorney Thomas Brandt
Also present were: See Attached Sheets
The minutes of the Work Session held on Wednesday, March 8, 2006, were read by Councilman Cal Rhoney.
A motion was made by Lee Criswell, seconded by Richard Lang and carried unanimously that the minutes of the February 13, 2006 Regular Board Meeting be approved as presented.
Public Discussion
Donna VanBuren, asked Supervisor McHenry what the bid opening last Friday was for. Supervisor McHenry stated that is was for the Phase 12 Water Project. Mrs. VanBuren stated that when she was working on the books and the budget, there was not enough money to pay the loans that we currently have. How are we going to pay for it? Supervisor McHenry stated that the matter is being addressed by our Engineer and our Accountant. Discussion ensued regarding this issue.
Mr. James Leising, asked about the ditching projects on the plan for this year. He has heard that Niagara County has put the town on notice to have the ditch near his property cleaned out. Discussion ensued regarding this matter. Supervisor McHenry asked Mr. & Mrs. Leising to get with L. Kent Kilgore, Ditching Coordinator, after this meeting for further discussion. The issue is with one (1) property owner who won't let the town on his property to clean the ditch. This matter may have to be referred to the town attorney for further action.
Mr. James Budde, questioned the February 13th meeting minutes that stated that the salary for the Ditching Coordinator was the same as in 1995 - is this correct, or should it be 2005? Town Clerk Marie L. Little stated that the tape of the meeting reflected 1995. Mr. Budde congratulated Councilman Lang on his due diligence for looking in to the tire disposal situation. Mr. Budde also discussed the issue of the Records Access Officer. His last FOIL request for meeting minutes took him eight (8) days to receive. He did a survey of all of the towns in Niagara County and stated that Royalton is the only town in the county that has the Supervisor handling this job duty. Mr. Budde asked the Town Board members where the funds for the bridge project came from. Supervisor McHenry stated that the Bartel Road bridge project was paid for in cash. Mr. Budde also asked if the funds of the BAN for the 19.77 acres of land that was purchases shows up in the 2006 budget. Supervisor McHenry stated that we do not have to start paying for that until 2007 so it does not have to be reflected until next year. Mr. Budde asked if the town has a contract with the labor union yet. Supervisor McHenry stated that we do have a valid contract in place. Mr. Budde asked Tom Arlington, Town Building Inspector, about the status of the property located at the corner of Chestnut Ridge Road and Cottage Road. Mr. Arlington stated the property has been foreclosed on and a new owner is making repairs to the house. The owner will be contacted about cleaning up the premises. Mr. Arlington stated that the property at 4827 Cottage Road is currently being held up by a lien from Lockport Memorial Hospital. The town is stuck right now - we are aware of the situation, but there is not much we can do at the present time. There are a lot more of these properties that are just being abandoned by their owners. Mr. Budde stated that he and some of his neighbors have been out there trying to keep the intersection clear.
Lloyd Westcott addressed the Town Board and stated that he would like to follow up on the costs that we are incurring for Board Services/Ditching Coordinator/Deputy Supervisor. Mr. Westcott specifically quoted figures from the 2001 budget. That was the year the board members gave up their health insurance. At that time, they were making $4,500.00 a piece. Mr. Westcott (Supervisor at that time) tried to raise them $500.00 each because they had given up about $8,000.00 in benefits. Mr. Westcott stated that there are a couple of people sitting in this room tonight who were going to take him out in the parking lot and lynch him for giving the tax payers dollars away! Mr. Westcott stated that in 2001, there was a Supervisor, a
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Deputy Supervisor, four (4) Town Board Members, a Union Negotiator, and the board was the Ditching Coordinators, for a total of $34,650.00.
This year, if we look at what the board is being paid, plus $1,500.00 for a Deputy Supervisor, $2,500 for a Ditching Coordinator, and he has been told that the town is up to $14,000.00 for a negotiator, but if Supervisor McHenry would like to back it off to $11,000.00, he doesn't care, but this is going to cost us $61,000.00 this year. His question to the board is - why is it that seven (7) people can't do, for $61,000.00, what five (5) of them did for less than $35,000.00 a few years ago? Mr. Westcott stated he believes that if Mr. Kilgore had any compassion for bill payers like us, he would resign both positions effective immediately. Mr. Westcott stated that if none of the four (4) board members could step to the plate and fill that job, they should join him on the way out.
Cheryl Smith, Block Church Road, asked why all the rail road ties were dumped down on Ertman Road? Supervisor McHenry stated that he had no idea what she was talking about. Ms. Smith stated that there were railroad ties dumped on Ertman Road by the creek, she was just wondering why. Highway Superintendent Terry Nieman stated that there were some railroad ties dumped up along the bank. Ms. Smith stated that if the water comes up like it normally does, maybe not this year because of no snow, the chemicals in the railroad ties would leach in to the water system. Highway Superintendent Terry Nieman stated that the railroad ties were dumped up on top of the bank, near the shoulder of the road to stabilize the shoulder. They are within the highway right-of-way and they weren't dumped in to the creek. Ms. Smith stated that if the water comes up, they will be in the creek. She has seen the creek come up that high. Highway Superintendent Terry Nieman again stated that they were dumped there to stabilize the shoulder of the road.
Sherl Bruning, addressed the board regarding the ditching issue. If this man won't let the town go through is property and everybody's property is flooding, what happens? Supervisor McHenry stated that we may need to take the matter to Supreme Court. Attorney Thomas Brandt stated that the last time we had a situation like this; we had to go to Supreme Court and get a court order from a judge to be allowed on the property to clean the ditch out. Lengthy discussion ensued regarding this matter. The residents affected by this ditching issue suggested that the proceedings be started now if it will take 30-45 days to process. No one from the town has contacted the individual landowner in question directly.
Harold Bergquist, asked Supervisor McHenry what is going on over on Foote Road by Tonawanda Creek. He hears that there is a problem. Supervisor McHenry stated that the only problem he is aware of is that we didn't give a
48-hour notice to do any of the projects. Mr. Bergquist asked how we could put tree stumps in the creek like that. Highway Superintendent Terry Nieman stated that there were no tree stumps put in the creek. Mr. Bergquist and a few other residents stated that they saw the highway trucks dumping the tree stumps in to the creek. Now the stumps have been covered up by rocks. Mr. Nieman stated that they dumped tree stumps on the bank. Mr. Bergquist stated that they rolled right in to the creek. Mr. Nieman stated that there may be a few that rolled down to the edge of the creek, but they didn't have the chance to tuck them back up on the bank before the DEC received some complaints and showed up on sight and asked him to discontinue the operation. Mr. Bergquist asked why they didn't wait until the ground got hard. Now the road and the shoulder have been pushed down because of the wet weather. Mr. Nieman stated that they have discontinued the operation. They met with the DEC on Friday (3/10/06) and went out on sight. They evaluated the situation and kicked around a few ideas. They told Mr. Nieman that they would be back with him within three to four weeks with a plan. Mr. Nieman stated that that is where it stands today; they are not doing anything further at this time. Gary Halicki, Griswold Street, asked why tree stumps were put there in the first place. Mr. Nieman stated that he placed them there to fill a large void along the bank and to wrap them with shot rock to build the bank and protect the shoulder of the road. Mr. Halicki asked if he needed any sort of permits from the DEC when working on Tonawanda Creek. Mr. Nieman stated that he wasn't working inside the creek bank. He was working on the bank, trying to stabilize the shoulder of the road. The official problem that the DEC has is that they weren't notified 48 hours in advance. Mr. Halicki stated that if you were to drive out there right now, every stump that was placed there is under water so that would make them inside the creek bank. How do you justify inside or outside the creek bank? Mr. Nieman stated that it is a difference of opinion. As of last Friday, they were not under water. Mr. Halicki asked that if anything needed to be removed from there, who would pay for it? A member of the audience yelled out "tax payers". Mr. Nieman was asked if that was correct and he stated "Yeah".
Lloyd Westcott asked Supervisor McHenry who paid for the kennels that are located on the Johnston property. Supervisor McHenry stated that the town paid for them. Mr. Westcott asked why they weren't put on town property instead of private property. Mr. Johnston stated from the back of the room that that is where the animals are being cared for. Mr. Westcott stated that the previous dog control officer made his own kennels. Mr. Westcott stated that he felt the kennels were an improvement to private property. Mr. Westcott stated that if he is going to pay for kennels, he wants them on town property. Mr. Westcott also asked what the story is with animal kill. Who picks them up and where are we disposing of them? Mr. Johnston stated that they go to the SPCA. Mr. Westcott asked why we are paying to take them to the SPCA when we can take them to the County Landfill for nothing. Mr. Johnston stated that you can no longer take them to the landfill.
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Mr. Westcott asked what the policy is for injured animals. Mr. Johnston stated that we haven't had any injured animals. The dog that was picked up on Route 31 was taken to Ridge Animal Hospital by its owner. Mr. Westcott stated that the appropriations for Animal Control have gone up $4,000.00. We used to take care of all the animal control for a little under $10,000.00. He would like to know what is driving the cost up. Mr. Westcott stated again that the kennels did not belong on private property if they were paid for by the Town. Supervisor McHenry told Attorney Tom Brandt that he has homework for next month.
Communications
There were no communications to come before the Town Board at this time.
Report of Department Heads
Thomas Arlington, Assessor - the State is updating the Building Code. The Town will not have to pay for the new code books. Our legislators have gone to bat for the towns and the money will be in the budget for the code books. Its a few hundred dollars, but every little bit helps.
Daniel Morse, Water/Sewer Superintendent - VACATION
Terry Nieman, Highway Superintendent - nothing more to be brought before the board at this time.
Thomas Brandt, Town Attorney - nothing to be brought before the board at this time.
Unfinished Business
Councilman Cal Rhoney discussed the water funds and read portions of an article that appeared in the Lockport Union Sun on January 12, 2006. The article dealt with the reason for the water rate increase as well as the operations and maintenance portion of the water budget being under funded for several years. The Capital Improvement reserve funds were being used to fund the shortage in the water budget lines. Councilman Rhoney also stated that we are losing approximately 5+million gallons of water per quarter which we are paying for, but not receiving any revenue from. Councilman Rhoney stated that we are working on these issues. They didn't happen overnight and we won't be able to fix them overnight.
Councilman Lang stated that he appreciates all of the comments that were made here tonight. Mr. Lang stated that he feels that the union negotiator is worth the money that has been spent. He does not want the amount to double, but he feels that it is within reason right now. Over the long haul of the contract, what he hears from Chad, we will be saving the town much more money that what this gentleman is charging. If it were to go higher, we would have to take another look at it. Supervisor McHenry stated that we are done paying him.
New Business
A motion was made by Lee Criswell, seconded by Calvin Rhoney that it be
RESOLVED to authorize L. Kent Kilgore, Ditching Coordinator, to set up the cleaning of the ditch located off of Route 93 over to Singer Road.
AYES: McHenry, Stahl, Criswell, Rhoney, Lang
NAYS: None MOTION CARRIED
A motion was made by A. Robert Stahl, seconded by Richard J. Lang that it be
RESOLVED to call for a Public Hearing to change the Highway Department Driveway Permit Law. (Paragraph one (1) will list a 30' minimum width for a driveway.) The Public Hearing date will be set for April 1, 2006 @ 7:25 PM.
AYES: McHenry, Stahl, Criswell, Rhoney, Lang
NAYS: None MOTION CARRIED
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A motion was made by Calvin Rhoney, seconded by Richard J. Lang to support the following:
RESOLUTION URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF NEW YORK TO INCREASE LOCAL FUNDING FOR HIGHWAYS AND BRIDGES
WHEREAS, local governments are responsible for a increasing proportion of the statewide highway and bridge system; eighty-five percent of the States 110,000 miles of roadways, and fifty percent of the State's 18,000 bridges; and
WHEREAS, a safe and efficient highway infrastructure is necessary for trade, economic development and revitalization, our schools, businesses, health and hospital facilities, emergency responders, as well as the general traveling public; and
WHEREAS, the State's Consolidated Highway Improvement Program (CHIPs) funds are vital to county highway departments in order to upgrade important components of the local transportation system, and purchase necessary highway equipment and materials; and
WHEREAS, the Marchiselli Funding Program is the State component of a successful Federal, State, and Local partnership, delivering transportation improvements to federally-aidable local highway projects; and
WHEREAS, the level of CHIPs funding in the five year capital plan falls well short of the proportional funding commitment provided to the State-owned system in the 2006-2007 Executive Budget; over $100 million less than what is needed to address the critical condition of the local transportation infrastructure; and
WHEREAS, Marchiselli Funding has not increased in the past 5 years and will remain flat at $40 million under the five year capital plan, while the identified needs require a $10 million increase in the state share to pay for unfunded projects and to leverage more federal dollars; and
WHEREAS, the demands on the municipality-owned 9,000 bridges, too many of which are in poor and unsafe condition, necessitates the establishment of a new $250 million bridge and culvert program; and
WHEREAS, while the local system remains woefully under-funded, costs of maintenance, fuel, equipment and materials continues to increase and the local infrastructure continues to deteriorate, making it necessary to initiate automatic increases in CHIPs funding tied to the Producer Price Index (PPI); and
NOW, THEREFORE, BE IT RESOLVED, that the New York State Association of Counties (NYSAC) in conjunction with the New York State County Highway Superintendents Association, Inc., urges the Governor and the Legislature of the State of New York to give priority to local roads and bridges by increasing the state commitment to CHIPs and Marchiselli to meet the demonstrated need, and indexing CHIPs so that local governments can budget and properly plan to address the deficiencies in the local transportation system; and
BE IT FURTHER RESOLVED, that this Association urges the Governor and the Legislature of the State of New York to establish a new Bridge and Culvert program to insure the safety of the local transportation system, so important to the state's economy and the millions of citizens who rely on local roads every day to get them to and from their places of employment; and
BE IT FURTHER RESOLVED, that the copies of this resolution be forwarded to Governor George E. Pataki, the full membership of New York State Legislature and all others deemed necessary and proper.
AYES: McHenry, Stahl, Criswell, Rhoney, Lang
NAYS: None MOTION CARRIED
A motion was made by Lee Criswell, seconded by A. Robert Stahl that it be
RESOLVED to accept William Tobin III in to membership of the Wolcottsville Volunteer Fire Company.
AYES: McHenry, Stahl, Criswell, Rhoney, Lang
NAYS: None MOTION CARRIED
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A motion was made by A. Robert Stahl, seconded by Lee Criswell that it be
RESOLVED to remove John Brown from membership of the Wolcottsville Volunteer Fire Company.
AYES: McHenry, Stahl, Criswell, Rhoney, Lang
NAYS: None MOTION CARRIED
A motion was made by Richard J. Lang, seconded by Calvin Rhoney that it be
RESOLVED to authorize Terry Nieman, Highway Superintendent, to take the 1988 Freightliner and the old Midland Road Widener (purchased used in 1985) to the Palmyra Auction in May 2006.
AYES: McHenry, Stahl, Criswell, Rhoney, Lang
NAYS: None MOTION CARRIED
A motion was made by Calvin Rhoney, seconded by Richard J. Lang that it be
RESOLVED to give permission to Sonya Hudson, Confidential Secretary to the Supervisor, to attend the Harris Computer System conference in Syracuse at a cost of $125.00.
AYES: McHenry, Stahl, Criswell, Rhoney, Lang
NAYS: None MOTION CARRIED
A motion was made by Richard J. Lang, seconded by A. Robert Stahl that it be
RESOLVED to accept Garrett M. Wood in to the membership of the Terry's Corners Volunteer Fire Company.
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 the "Ride for Roswell" participants to utilize the town roads on June 24, 2006 for their annual bike ride.
AYES: McHenry, Stahl, Criswell, Rhoney, Lang
NAYS: None MOTION CARRIED
A motion was made by A. Robert Stahl, seconded by Richard J. Lang that it be
RESOLVED to authorize Dan Morse, Water/Sewer Superintendent, to purchase a new pump for the Water Department at a cost of $3,579.00. (Model #AFP1041.3 M35/4)
AYES: McHenry, Stahl, Criswell, Rhoney, Lang
NAYS: None MOTION CARRIED
A motion was made by Calvin Rhoney, seconded by Lee Criswell and carried unanimously that the Town Clerk be and she is hereby directed to draw a warrant upon the funds of the Supervisor in the amount of $109,703.58 covering vouchers #212 - 323 for the Town Hall, Water/Sewer Department, and the Highway Department.
Good of the Order
Councilman Rhoney stated that Supervisor McHenry, Deputy Supervisor L. Kent Kilgore and himself had attended a meeting at the Town Hall with Judge Raduns, Joe Jastremski from the Niagara County Work Program and Rich Graham, Supervisor of the Town of Royalton Work Program to discuss the towns program. Judge Raduns is working with Niagara County to understand how the program works, who she can sentence to the program and who she can't. Etc. They will continue to mow the cemeteries and put people in the program without overloading it. Everything seems to be going very well.
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Councilman Rhoney stated the he and Bob Johnston attended a Small Cities Grant meeting sponsored by Congressman Tom Reynolds. Mr. Rhoney mentioned that we were three (3) surveys short last year from being able to apply for a grant for the water lines in Gasport. Mr. Rhoney spoke with grant writer Jean O'Connell of O'Connell & Associates to see if we could apply for this again. This will have to wait for the grant cycle next year. There is not enough time to process the grant for this year.
Councilman Rhoney stated that he has been working with Senator Maziarz's office on the funding for the Freeman Road Bridge project. While in Albany, he and Mr. Johnston visited the Senator's office and his staff was working on the project for the town. Mr. Rhoney and Mr. Johnston were introduced to the Commissioner of Transportation for the state and were assured that funding would be available to help with this project.
Councilman Rhoney stated that he went to the Village of Middleport board meeting last month and asked if they were interested in a shared services grant. They were very interested. Chief Swick and Mr. Rhoney talked about possible projects that could be shard.
Councilman Rhoney asked the residents in attendance to think about what the Town Board should do regarding the renewal of the police speed enforcement contract with the Village of Middleport and give them some suggestions over the course of the next few board meetings. The contract is due for renewal in June and is approximately $30,000.00 per year. We also pay two (2) Town Justices and their Court Clerks to process this extra paperwork. Should the Town Board renew the contract or should we rely on the Sheriff's Department and the New York State Police to patrol the town.
Councilman Lang stated that he has been visiting the other towns in the area to see how they handle their tire disposal and will have information for comparison at the next meeting.
A motion was made by Lee Criswell, seconded by A. Robert Stahl to adjourn this meeting. Councilman Rhoney spoke up and stated that he had one more issue to address. Mr. Rhoney brought up the issue of purchasing a new truck for the Highway Department. This issue was previously discussed at the work session. The motors for the trucks on the state bid are a 2005 model - they are being sold at a reduced price until they are gone. The 2006 engines will have more pollution controls and will cost more money. This issue was tabled at the last meeting. Mr. Rhoney stated that he wanted to know what the boards' pleasure was on this purchase. Councilman Rhoney stated that the money was budgeted for in Terry's budget and assessed against the tax payers. He does not feel that the Highway Department should be penalized for possible shortcomings in other areas. Councilman Lang stated that he would feel more comfortable waiting until we have the chance to sit down with our auditor and see where our finances stand. Mr. Lang stated that he has nothing against Terry getting a new truck. He would like to see where we stand financially first. Councilman Lee Criswell stated that he also would like to wait until next month to see where we stand financially. Councilman Stahl concurred.
There being no further business to come before this board, again, a motion was made by Lee Criswell, seconded by A. Robert Stahl and carried unanimously that the meeting be adjourned at 8:30 PM.
Respectfully Submitted,
MARIE L. LITTLE
ROYALTON TOWN CLERK