Town Board Minutes - Regular Board Meeting
REGULAR BOARD MEETING
August 14, 2017
The Regular Board Meeting of the Town of Royalton was held on Monday, August 14, 2017, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York. Supervisor Daniel Bragg called the meeting to order at 7:00 PM with the Pledge to the Flag.
The following were present:
Supervisor Daniel R. Bragg
Town Clerk Marie L. Little, MMC/RMC
Town Board Members James Budde, Lee Criswell, Bradley Rehwaldt, Carol Wittcop
Highway Superintendent James Spark
Water/Sewer Superintendent Brian Cummings
Town Attorney Thomas H. Brandt
Also present were: See Attached Sheets
ADDITIONS OR CORRECTIONS OF THE MINUTES
There were no additions or corrections of the minutes as presented.
PUBLIC COMMENT – Agenda Items Only
There was no public comment to come before the board at this time regarding the agenda items.
COMMUNICATIONS / PETITIONS
Town Clerk Little updated the board members regarding information she received from Charter Communications and our new phone system. The new lines have been run at Town Hall and the system is in the basement. We are waiting on Spectrum/Charter to update the circuit on their end.
NEW BUSINESS
RESOLUTION 110-17
SUPERVISOR’S REPORT
On a motion made by Councilman Criswell, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 5 Bragg, Budde, Criswell, Rehwaldt, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to accept the Supervisor’s Report for the month of July 2017.
RESOLUTION 111-17
WOLCOTTSVILLE VOL. FIRE CO. – REMOVAL OF MEMBERS
On a motion made by Councilman Criswell, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 5 Bragg, Budde, Criswell, Rehwaldt, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to REMOVE the following members of the Wolcottsville Vol. Fire Co. from the membership rolls and insurance rolls for the Town of Royalton: Aaron Wagner & Christopher Kankiewicz.
BOARD MEETING MINUTES
August 14, 2017
Page 2
RESOLUTION 112-17
GASPORT CHEMICAL HOSE CO., INC. – NEW MEMBER
On a motion made by Councilman Criswell, seconded by Councilwoman Wittcop, the following was
ADOPTED AYES 5 Bragg, Budde, Criswell, Rehwaldt, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to accept Matthew Roeseler, 4471 Myrtle Avenue, Gasport, as an Active Member of the Gasport Chemical Hose Co.
RESOLUTION 113-17
TERRY’S CORNERS VOL. FIRE CO. – NEW MEMBER
On a motion made by Councilman Rehwaldt, seconded by Councilman Criswell, the following was
ADOPTED AYES 5 Bragg, Budde, Criswell, Rehwaldt, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to accept Timothy Glaser, 90 Oliver Street, Lockport, as an Active Member of the Terry’s Corners Vol. Fire Co.
RESOLUTION 114-17
LIQUOR LICENSE 30-DAY WAIVER NOTIFICATION – CHOPS SHOP PIZZERIA, LLC
On a motion made by Councilwoman Wittcop, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 5 Bragg, Budde, Criswell, Rehwaldt, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to accept the Request Waiver of 30-Day Notice Period for the processing of an On-Premises Liquor License for Chop’s Shop Pizzeria LLC, located at 8405 Rochester Road, Gasport, NY 14067.
RESOLUTION 115-17
BUDGET AMENDMENT – TOWN OF ROYALTON COURTS
On a motion made by Councilman Budde, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 5 Bragg, Budde, Criswell, Rehwaldt, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to make the following Budget Amendment for the Town of Royalton Courts: transfer $3,000.00 FROM A1110.2-Court Equipment TO A1110.4-Court Contractual and $7,500.00 FROM A1112.1-Payroll TO A1110.4-Court Contractual. Total amount of the Budget Amendments will be $10,500.00. Reason for this transfer is unforeseen expenses.
RESOLUTION 116-17
LEISING – DOMESTIC WATER FILTRATION SYSTEM (DWFS)
On a motion made by Councilman Budde, seconded by Councilman Criswell, the following was
ADOPTED AYES 5 Bragg, Budde, Criswell, Rehwaldt, Wittcop
NAYS 0 None MOTION CARRIED
WHEREAS, the Town of Royalton has had conversations with Lori M. and James E. Leising (the “Property Owner”) who reside at 8784 Chestnut Ridge Road, Gasport, NY 14067, in the Town of Royalton (the “Premises”); and
BOARD MEETING MINTUES
August 14, 2017
Page 3
RESOLUTION 116-7 CONTINUED:
WHEREAS, the Premises are connected to the Town’s Municipal Water Supply; and
WHEREAS, the water provided by the Town to the Premises has been analyzed and determined to have a certain level of particulates; and
WHEREAS, the Property Owner has requested the Town to install a domestic water filtration system (the “DWFS”) to remove the particulates; and
WHEREAS, the Town is willing to pay for and install a water DWFS from a commercial supplier (the “Commercial Supplier”) for an amount not to exceed $4,000.00; and
WHEREAS, the Property Owner has requested that the Town pay the cost of maintaining and replacing the filters associated with the DWFS; and
WHEREAS, the Town is willing to pay the cost of replacing the filters associated with the DWFS on the condition that the Town Water Superintendent (the “Superintendent”) reasonably determines that replacement filters are needed for reasons of health and safety to remove particulates; and
WHEREAS, the Town, as a condition of replacing the filters, will require the Property Owner to make the filters available for inspection by the Superintendent at the time that they are removed by the Commercial Supplier; and
WHEREAS, the parties desire to discuss the issue of potential damage to the Property Owner’s appliances after the DWFS is installed and operating.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Town will purchase and install a DWFS at the Premises for a cost not to exceed $$4,000.00 from a Commercial Supplier; and it is
FURTHER RESOLVED, that the Town will pay for the replacement of filters on the condition that the when the filters are removed by the Commercial Supplier, they will be made available for inspection by the Superintendent and the Superintendent reasonably determines that the replacement filters are needed for reasons of health and safety to remove particulates from the water supply to the Premises; and it is
FURTHER RESOLVED, that the parties will discuss the issue of potential damages to the Property Owner’s appliances after the DWFS is installed and operating.
RESOLUTION 117-17
BUDGET AMENDMENT – SEWER DEPARTMENT
On a motion made by Councilman Budde, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 5 Bragg, Budde, Criswell, Rehwaldt, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to make the following Budget Amendment for the Town of Royalton Water/Sewer Dept.: Transfer $100,000.00 FROM the Sewer Fund Balance TO SS8120.2 – Sanitary Sewer, Buildings and Equipment Line, to pay for the Flusher Truck.
BOARD MEETING MINUTES
August 14, 2017
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RESOLUTION 118-17
AUDIT OF CLAIMS
On a motion made by Councilman Budde, seconded by Councilman Criswell, the following was
ADOPTED AYES 5 Bragg, Budde, Criswell, Rehwaldt, Wittcop
NAYS 0 None MOTION CARRIED
Resolved that the Town Clerk be and she hereby is authorized to draw a warrant upon the funds of the Supervisor for Abstract #8 for the year 2017 in the amounts of:
Fund Voucher #’s Total
A Fund 323 - 383 $ 42,297.47
B Fund 44 - 59 $ 8,434.58
DA Fund 3 $ 2,250.00
DB Fund 201 - 241 $148,675.49
SD Fund 15 - 17 $ 736.79
SF Fund N/A $ 0.00
SL Fund 7 $
SR Fund 8 - 9 $ 71,983.70
SS Fund 60 - 70 $ 16,332.68
SW Fund 139 - 170 $ 21,920.88 TOTAL $313,490.27
Supervisor Bragg stated that he spoke to both Councilman Criswell and Councilman Rehwaldt regarding the Deputy Supervisor position. Councilman Criswell has agreed to accept the position of Deputy Supervisor.
RESOLUTION 119-17
DEPUTY SUPERVISOR APPOINTMENT
On a motion made by Councilman Rehwaldt, seconded by Councilman Budde, the following was
ADOPTED AYES 4 Bragg, Budde, Rehwaldt, Wittcop
NAYS 0 None
ABSTAIN 1 Criswell MOTION CARRIED
Resolved to appoint Councilman Lee Criswell to the position of Deputy Supervisor for the Town of Royalton. This appointment will be effective 08/14/2017 – 12/31/2017.
RESOLUTION 120-17
PUBLIC HEARING – AMEND DOG CONTROL LAW
On a motion made by Councilman Budde, seconded by Councilman Criswell, the following was
ADOPTED AYES 5 Bragg, Budde, Criswell, Rehwaldt, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to set a Public Hearing on Monday, September 11, 2017 at 7:00 PM to hear and consider amendments to the Dog Control Law for the Town of Royalton.
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August 14, 2017
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RESOLUTION 121-17
UPDATE RESTROOM FACILITIES
On a motion made by Councilman Budde, seconded by Councilwoman Wittcop, the following was
ADOPTED AYES 5 Bragg, Budde, Criswell, Rehwaldt, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to accept the quote from Gary’s Home Improvements to replace the countertops and sinks in the restrooms at the Royalton Town Hall to make them ADA compliant. There were two (2) quotes received for this project.
Gary’s Home Improvements, Basom, NY $1,950.00
Buffalo Tile, Inc., Akron, NY $2,200.00
RESOLUTION 122-17
AMEND RESOLUTION 97-17
On a motion made by Councilman Rehwaldt, seconded by Councilman Criswell, the following was
ADOPTED AYES 5 Bragg, Budde, Criswell, Rehwaldt, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to AMEND Resolution 97-17, passed on July 10, 2017, to REVOKE the authorization for LaBella Associates to put the Rapids Road Waterline Project out to bid. This project will be done in-house with our town employees.
RESOLUTION 97-17
RAPIDS ROAD WATER LINE
On a motion made by Councilman Bragg, seconded by Councilman Budde, the following was
ADOPTED AYES 5 Bieber, Bragg, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to authorize LaBella Associates to draw up a bid specification for the installation of a water line on Rapids Road between Tonawanda Creek Road and the Erie County line; and Further Resolve to put this project out to bid.
Discussion ensued regarding Vets Park and having the chicken wire installed in the pavilions to keep the birds out. Councilman Rehwaldt wants to look at having vinyl soffits installed for a more finished product.
Discussion ensued regarding the Leising resolution.
PUBLIC COMMENT – GOOD & WELFARE OF THE COMMUNITY
Mr. Dale Dunkelberger addressed the Town Board members regarding the issue on Lincoln Avenue. Supervisor Bragg stated that the homeowner has been put on notice by the Code Enforcement Officer and things are starting to be cleaned up. Mr. Dunkelberger stated that the cars are not parked along the road but the semi-trucks are still an issue. Discussion ensued regarding this matter.
Mr. Lester Brown addressed the Town Board members regarding Bunker Hill Road and the fact that there is no shoulder on that road. Highway Superintendent Spark stated that his department started doing road shoulder work today.
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August 14, 2017
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Ms. Julie Rizzo, Freeman Road, addressed the Town Board members regarding the ditching issues on her property. Ms. Rizzo has hired a specialist to come out to do a study of her property and she is waiting for the report.
There being no further information to come before this board, a motion was made by Councilman Budde, seconded by Councilman Rehwaldt and carried unanimously that the Regular Board Meeting be adjourned at 7:30 PM.
Marie L. Little, MMC/RMC
Royalton Town Clerk