Town Board Minutes - Regular Board Meeting
REGULAR BOARD MEETING
July 10, 2017
The Regular Board Meeting of the Town of Royalton was held on Monday, July 10, 2017, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York. Supervisor Jennifer Bieber called the meeting to order at 7:00 PM with the Pledge to the Flag.
The following were present:
Supervisor Jennifer H. Bieber
Town Clerk Marie L. Little, MMC/RMC
Town Board Members Daniel Bragg, James Budde, Lee Criswell, Bradley Rehwaldt
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
Supervisor Bieber read her formal resignation to resign her position as the Town of Royalton Supervisor effective July 30, 2017.
NEW BUSINESS
RESOLUTION 95-17
SUPERVISOR’S REPORT
On a motion made by Councilman Budde, seconded by Councilman Bragg, the following was
ADOPTED AYES 5 Bieber, Bragg, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to accept the Supervisor’s Report for the month of June 2017.
RESOLUTION 96-17
NIAGARA COUNTY NY HAZARD MITIGATION PLAN
On a motion made by Councilman Rehwaldt, seconded by Councilman Criswell, the following was
ADOPTED AYES 5 Bieber, Bragg, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
WHEREAS, the Town of Royalton, with the assistance from Witt O’Brien’s, has gathered information and prepared the Niagara County NY Hazard Mitigation Plan; and
WHEREAS, the Niagara County NY Hazard Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and
WHEREAS, the Town of Royalton NY is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and
BOARD MEETING MINUTES
July 10, 2017
Page 2
RESOLUTION 96-17 Continued:
WHEREAS, the Town of Royalton NY have reviewed the Plan and affirms that the Plan will be updated no less than every five (5) years;
NOW THEREFORE BE IT RESOLVED by the Town Board that the Town of Royalton NY adopts the Niagara County NY Hazard Mitigation Plan as this jurisdiction’s Natural Hazard Mitigation Plan, and resolves to execute the actions in the Plan.
ADOPTED this 10th day of July 2017 at the meeting of the Town Board.
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.
RESOLUTION 98-17
DIAMONDS IN THE RUFF CONTRACT
On a motion made by Councilman Budde, seconded by Councilman Bragg, the following was
ADOPTED AYES 5 Bieber, Bragg, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to authorize Supervisor Bieber to sign the contract agreement with Diamonds In The Ruff to accept our stray dogs, as deemed necessary, by the Dog Control Officer. Cost of reimbursement for vetting services is not to exceed $200.00 per dog.
RESOLUTION 99-17
LEISING – WATER FILTRATION SYSTEM
On a motion made by Councilman Bragg, seconded by Councilman Criswell, the following was
ADOPTED AYES 5 Bieber, Bragg, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to authorize Attorney Brandt to draw up an agreement for the Town of Royalton to purchase a filtration system for homeowners Jim and Lori Leising at a cost not to exceed $4,000.00, in exchange for the homeowner maintaining this system. After installation, homeowners shall pay for water use.
RESOLUTION 100-17
2017 J –CAP GRANT
On a motion made by Councilman Budde, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 5 Bieber, Bragg, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to authorize the Town of Royalton Courts to apply for the 2017 J-Cap Grant.
REGULAR BOARD MEETING
July 10, 2017
Page 3
RESOLUTION 101-17
REQUEST TO AMEND NYS HEALTH LAW, 10 NYCRR PART 800
On a motion made by Councilman Bragg, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 5 Bieber, Bragg, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to request the State to amend the appropriate sections of the NYS Health Law, 10 NYCRR Part 800, to allow Certified First Responders to treat and transport patients when an EMT is not available and to also allow the ability to sign off a person who desires to refuse treatment and/or transport, who meets the requirements for mental clarity and decision making ability.
RESOLUTION 102-17
GASPORT CHEMICAL HOSE CO., INC. – MEMBERSHIP CHANGES
On a motion made by Councilman Budde, seconded by Councilman Criswell, the following was
ADOPTED AYES 5 Bieber, Bragg, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to authorize the following membership changes for the Gasport Chemical Hose Co., Inc.:
John Tyler – New Full Active Member
Jason Draper – Remove from rolls as an Active Member
RESOLUTION 103-17
WOLCOTTSVILLE VOLUNTEER FIRE CO. – MEMBERSHIP CHANGES
On a motion made by Councilman Rehwaldt, seconded by Councilman Criswell, the following was
ADOPTED AYES 5 Bieber, Bragg, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolve to authorize the following membership changes for the Wolcottsville Vol. Fire Co.:
Hannah Crane – Move from Junior Member status to Full Active Member
Christopher B. Kankiewicz – List as Unactive Exempt Member (remove from active rolls)
RESOLUTION 104-17
TERRY’S CORNERS VOLUNTEER FIRE CO. – NEW MEMBER
On a motion made by Councilman Criswell, seconded by Councilman Bragg, the following was
ADOPTED AYES 5 Bieber, Bragg, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to authorize the following membership change for the Terry’s Corners Vol. Fire Co.:
Brooke Banker – New Full Active Member
REGULAR BOARD MEETING
July 10, 2017
Page 4
RESOLUTION 105-17
NYS RETIREMENT SYSTEM REPORTING – JENNIFER DONNER
On a motion made by Councilman Budde, seconded by Councilman Bragg, the following was
ADOPTED AYES 5 Bieber, Bragg, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to submit the following information to the NYS Retirement System for reporting purposes:
BE IT RESOLVED, that the ____ Town of Royalton___________ hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body:
Title
Name
Social Security Number
Registration Number
Standard
Term
Participates in Employer’s Time Keeping System
Days/Month
Work Day
Begins/Ends
(Last 4 digits)
(Hrs./day)
(Y/N)
(based on Record of Activities)
Appointed Officials
ZBA Clerk
Jennifer L. Donner
xxxx
xxxxxxxx
7
01/01/2017 – 12/31/2017
Y
.17
RESOLUTION 106-17
AUDIT OF CLAIMS
On a motion made by Councilman Budde, seconded by Councilman Criswell, the following was
ADOPTED AYES 5 Bieber, Bragg, Budde, Criswell, Rehwaldt
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 #7 for the year 2017 in the amounts of:
Fund Voucher #’s Total
A Fund 282 - 322 $ 21,467.65
B Fund 36 - 43 $ 6,257.26
DA Fund N / A $ 0.00
DB Fund 175 - 200 $288,630.82
SD Fund 14 $ 38.43
SF Fund 5 $102,085.00
SL Fund 6 $ 988.67
SR Fund N / A $ 0.00
SS Fund 54 - 59 $ 3,452.83
SW Fund 122 - 138 $ 53,961.85 TOTAL $476,882.51
REGULAR BOARD MEETING
July 10, 2017
Page 5
ADDITIONAL ITEMS TO COME BEFORE THE BOARD
RESOLUTION 107-17
ROOF REPAIR AT VETERANS PARK, GASPORT
On a motion made by Councilman Rehwaldt, seconded by Councilman Budde, the following was
ADOPTED AYES 5 Bieber, Bragg, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to award the roof repair project at Veterans Park in Gasport to James Chutko, at a cost not to exceed $3,096.00. There were two (2) quotes received for this project as listed below:
James Chutko, Gasport, NY $3,096.00
LJ Construction, Depew, NY $3,200.00
PUBLIC COMMENT – GOOD & WELFARE OF THE COMMUNITY
Scott Wymyczak asked about the chemical make up in the water testing for the Leising’s. Brian Cummings, Water/Sewer Supt. addressed this issue.
Mr. Dale Dunkelberger, 7710 Lincoln Avenue, addressed the Town Board members regarding a business that is being run out of an Agricultural/Residential zone on Lincoln Avenue. There were almost three (3) head-on collisions there last week. There is no place to park and people are parking on the road. Tractor trailer loads of fencing are being dropped off and there are enclosed work trailers blocking traffic in this area. The business started out with one (1) truck and trailer and has blossomed since last fall. Supervisor Bieber will discuss this issue with Mike Hartman, Code Enforcement Officer.
Discussion continued regarding this issue. Chief Swick will be notified of this issue.
Mr. Everett Gogolack, 95 Telegraph Road, Middleport, addressed the Town Board regarding the flooding on their property. He wants to make sure that everyone has seen a copy of the letter sent to Attorney Brandt by their attorney. The board members all have a copy of this letter. Councilman Bragg stated that their neighbor will not sign a ditch petition to allow us on the property to alleviate the issue. Attorney Brandt explained the process that needs to be followed.
Mr. Scott Wymyczak asked how this will be funded because the property is in the Village of Middleport. Supervisor Bieber stated that the town and village would work together on a shared services type of project if the neighbor will allow us on the property.
Highway Superintendent Spark stated that the issue is getting consent from the property owner, Julie Rizzo. Ms. Rizzo has stated to him that she will not allow anyone on her property unless she is sued.
Mr. Gogolack asked if he can raise his land by five (5) feet if we can’t do anything for him. Supervisor Bieber advised Mr. Gogolack that this issue will need to be addressed with the Village of Middleport board.
REGULAR BOARD MEETING
July 10, 2017
Page 6
Supervisor Bieber advised the board members that there will be a Fire Board Meeting at the Town Hall on July 19th at 7:00 PM.
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 7:35 PM.
Marie L. Little, MMC/RMC
Royalton Town Clerk