Town Board Minutes - Regular Board Meeting
REGULAR BOARD MEETING
March 11, 2019
The Regular Board Meeting of the Town of Royalton was held on Monday, March 11, 2019, 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 ABSENT FOR TRAINING: Marie L. Little, MMC/RMC
Deputy Town Clerk Patricia A. Hinds
Town Board Members Lee Criswell, Bradley Rehwaldt, Joshua Walker, 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
There were no communications or petitions to come before the board at this time.
NEW BUSINESS
RESOLUTION 37-19
LOCAL LAW NO. 1 FOR 2019 – “BEST VALUE PROCUREMENT LAW”
On a motion made by Councilman Criswell, seconded by Councilman Walker, the following was
ADOPTED AYES 5 Bragg, Criswell, Rehwaldt, Walker, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to Adopt the Local Law No. for the year 20109 entitled “Best Value Procurement Law of the Town of Royalton”. (Public Hearing held on 3/9/19)
RESOLUITON 38-19
PROCUREMENT POLICY AMENDMENT
On a motion made by Councilwoman Wittcop, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 5 Bragg, Criswell, Rehwaldt, Walker, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to amend the Town of Royalton Procurement Policy as follows to include the Best Value Procurement Law of the Town of Royalton as follows: SECTION E – All bids shall be awarded pursuant to lowest bid or “best value” bid as defined in Local Law No. 1 of 2019.
REGULAR BOARD MEETING
March 11, 2019
Page 2
RESOLUTION 39-19
SUPERVISOR’S REPORT
On a motion made by Councilman Criswell, seconded by Councilwoman Wittcop, the following was
ADOPTED AYES 5 Bragg, Criswell, Rehwaldt, Walker, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to accept the Supervisor’s Report for the month of January 2019.
RESOLUTION 40-19
NEW MEMBER – WOLCOTTSVILLE VFC
On a motion made by Councilwoman Wittcop, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 5 Bragg, Criswell, Rehwaldt, Walker, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to accept Melissa S. Baker as a new member of the Wolcottsville Vol. Fire Co.
RESOLUTION 41-19
JOB CLASSIFICATION CHANGE – ADAM KRESS
On a motion made by Councilwoman Wittcop, seconded by Councilman Criswell, the following was
ADOPTED AYES 5 Bragg, Criswell, Rehwaldt, Walker, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to change the job classification for Adam Kress from Laborer @ $22.78/hr. to Water/Sewer Maintenance I @ $24.16/hr.
RESOLUTION 42-19
ROY-HART CSD CAPITAL IMPROVEMENT PROJECT 2019
On a motion made by Councilwoman Wittcop, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 5 Bragg, Criswell, Rehwaldt, Walker, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to designate the Royalton-Hartland Central School District and its Board of Education as the Lead Agency pursuant to the provisions of the SEQRA regulations (6 N.Y.C.R.R., Part 617) for the District’s Capital Improvement Project, 2019.
RESOLUTION 43-19
GRISWOLD STREET WATERLINE PROJECT ADVERTISEMENT
On a motion made by Councilman Walker, seconded by Councilman Criswell, the following was
ADOPTED AYES 5 Bragg, Criswell, Rehwaldt, Walker, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to authorize GHD, Town Engineers, to advertise for bids for the Griswold Street Waterline Project. Bid opening date TO BE DETERMINED.
REGULAR BOARD MEETING
March 11, 2019
Page 3
RESOLUTION 44-19
RESCIND LOCAL LAW NO. 1 FOR 2019 – OVERRIDE OF TAX LEVY LIMIT
On a motion made by Councilman Rehwaldt, seconded by Councilwoman Wittcop, the following was
ADOPTED AYES 5 Bragg, Criswell, Rehwaldt, Walker, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to rescind resolution 128-18: adoption of Local Law No. 1 for 2018 “Override of the Tax Levy Limit for Fiscal Year 2018”. This local law was not used as we did not exceed the tax cap for the 2019 budget.
RESOLUITON 45-19
TOWN WIDE GARAGE SALE 2019
On a motion made by Councilwoman Wittcop, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 5 Bragg, Criswell, Rehwaldt, Walker, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to set the dates for the Town Wide Garage Sale for July 5-7, 2019.
RESOLUITON 46-19
COURT AUDIT – CALENDAR YEAR 2018
On a motion made by Councilwoman Wittcop, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 5 Bragg, Criswell, Rehwaldt, Walker, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to acknowledge that the Town Board of the Town of Royalton has examined and audited the two (2) Town Justice courts records for calendar year ending 2018.
RESOLUTION 47-19
CEMETERY MOWING CONTRACT FOR 2019
On a motion made by Councilman Criswell, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 5 Bragg, Criswell, Rehwaldt
NAYS 0 None
ABSTAIN 2 Walker, Wittcop MOTION CARRIED
Resolved to award the Cemetery Mowing Contract to BH Land & Snow at a cost not to exceed $27.900.00 for the mowing of the seven (7) cemeteries maintained by the town for the 2019 season.
There were three (3) bids received for this contract:
Lockport Lawnsharks $16,250.00 for three (3) cemeteries
JBB Property Services, LLC $18,800.00 for seven (7) cemeteries
BH Land & Snow $27,900.00 for seven (7) cemeteries
Attorney Thomas Brandt stated that this bid was granted on Best Value and Performances.
REGULAR BOARD MEETING
March 11, 2019
Page 4
RESOLUTION 48-19
OPPOSITION OF INFRINGEMENT OF 2ND AMENDMENT RIGHTS
On a motion made by Councilman Walker, seconded by Councilwoman Wittcop, the following was
ADOPTED AYES 5 Bragg, Criswell, Rehwaldt, Walker, Wittcop
NAYS 0 None MOTION CARRIED
Resolved to Oppose the Infringement of our 2nd Amendment Rights:
WHEREAS, the Town Board of the Town of Royalton, New York has expressed its opposition to New York States infringement on an individual's 2nd Amendment “right of the people to keep and bear arms,” and
WHEREAS, this Royalton Town Board will continue to oppose any infringement on the 2nd Amendment such as, but not limited to, long-gun registration, social media and search engine history background checks, requiring gun owners to purchase insurance for each gun legally owned, Proposed Bill A1413 preventing our volunteer fire companies from selling gun raffle tickets, “Red Flag” laws, and/or restrictions that otherwise impair the civil liberties of lawful gun owners; and
WHEREAS, any gun legislation that infringes on our 2nd Amendment rights, the Town Board opposes;
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Royalton goes on
record reaffirming our support of the 2nd Amendment which states: “Well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
AND BE IT FURTHER RESOLVED, that the Clerk shall forward certified copies of this Resolution
to the Governor of the State of New York Andrew Cuomo, Senate Majority Leader Andrea Stewart-Cousins, Senator Robert Ortt, Speaker of the New York State Assembly Carl Heastie, Assembly Majority Leader Crystal D. Peoples, Assemblyman Michael Norris, the Clerk of the Niagara County Legislature (for distribution), Legislator Michael Hill and others as deemed necessary and appropriate.
RESOLUTION 49-19
AUDIT OF CLAIMS
On a motion made by Councilman Criswell, seconded by Councilman Walker, the following was
ADOPTED AYES 5 Bragg, Criswell, Rehwaldt, Walker, 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 #3 for the year 2019 in the amounts of:
Fund Voucher #’s Total
A Fund 74 - 125 $ 64,338.67
B Fund 10 - 14 $ 4,941.31
DA Fund N/A $ 0.00
DB Fund 35 – 66 $123,594.45
SD Fund 4 - 5 $ 332.02
SF Fund N/A $ 0.00
REGULAR BOARD MEETING
March 11, 2019
Page 5
RESOLUTION 49-19
AUDIT OF CLAIMS - CONTINUED
SL Fund 2 $ 1,306.82
SR Fund 3 $ 37,887.06
SS Fund 15 - 21 $ 2,277.92
SW Fund 37 - 62 $ 23,666.49
TOTAL $258,344.74
PUBLIC COMMENT – GOOD & WELFARE OF THE COMMUNITY
Dr. Hank Stopinski, Royalton-Hartland Superintendent of Schools, addressed the Town Board members regarding the upcoming Capital Improvements Project for the school district. The total cost of the project will be $12,100,000.00 with no tax impact. Project Funds will come from NYS Building Aid - $9,600,000.00 and Capital Reserve - $2,500,000.00. The proposed project for the Elementary, Middle and High School will include: Replace Roofs, Replace/Upgrade Fire Alarm Systems & PA Systems, Replace Windows and Window Repairs, Expand Elementary Parking Lot, Masonry Restoration. Site Improvements: Replace Playground at Elementary School & Install New Playground at the Middle and High School, Install New Tennis Courts, Repair Synthetic Track & Existing Tennis Court, Replace Roof at Buildings & Grounds. Construction will begin in 2020 and be complete in 2021. There will be a vote on this project on May 21, 2019 from Noon to 8:00 PM.
There were many residents in attendance at this meeting to discuss the proposed lagoon project to store a liquid fertilizer product they will be receiving from Denali Water Solutions. This lagoon site will be located at VanBuren Farms on Akron Road. Mr. Nathan Carr, Senior Project Manager for Denali Water Solutions was in attendance to answer questions regarding this project.
Mr. Nathan Carr, Senior Project Manager from Denali Water Solutions talked about that his company operated an anaerobic digester which takes manure and food waste and breaks it down. This process creates methane gas which is used to produce electricity. Unfortunately they can’t use all of the food waste into gas. The left over liquid product can then be used to fertilize crops. The VanBuren Farm with this lagoon can hold the liquid fertilizer when it can’t be spread. For example: when the ground is frozen or if there is a heavy rain. The VanBuren Farm has the CAFO (Concentrated Animal Feeding Operation) status so no Permit is required. Originally it was stated that the DEC would issue the permit.
Mr. Robert Groff was concerned on the details of this project and how it would affect the neighbors. He also asked where they are getting the food waste from. Mr. Nathan Carr said that it is from food manufactures, grocery stores and other sources.
Norm Blosser asked if it would smell. Mr. Nathan Carr said there will be some smell from the Lagoon. A crust will form on the lagoon on the top this will help keep the smell down. Mr. Kevin Covel, Planning Board Chairman, said that Vern VanBuren from VanBuren Farms and Mr. Nathan Carr from Denali Water Solutions have been before the Planning Board with the planning of this lagoon. There are many regulations that will have to be set up and followed with this project.
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Mr. Brian Frey, a resident from Tonawanda Creek Road, is concerned over how this is be portrayed to our residents. He asked how this product will be transported from Denali Water Solutions Company. Mr. Nathan Carr advised that it will trucked in on tanker trucks and that the trucks are the same size as a milk truck. There will be 4 to 6 trucks a day going to the VanBuren Farm. Mr. Brian Frey also asked if this was the right location to have this lagoon. Maybe it would be better on another farm in the area. Discussion ensued.
Denali Water Solutions have two plants one in Wheatfield, NY and one in West Seneca, NY. They have nothing to do with Quasar Energy Group. There is NO sewage sludge in this mix of liquid fertilizer.
Mr. Nathan Carr welcomed anyone to come to his plant and take a tour. He is also available to talk further to our residents.
Daniel Bragg, Supervisor asked our local farmers to submit any questions to the Town Clerks Office here at Royalton Town Hall. We will compile the questions and pass them on to Mr. Nathan Carr to address. We will then work towards a public meeting and go from there.
There being no further information to come before this board, a motion was made by Councilman Walker, seconded by Councilman Criswell, and carried unanimously that the Regular Board Meeting be adjourned at 8:05 PM.
Patricia A. Hinds
Royalton Deputy Town Clerk