Town Board Minutes - Regular Board Meeting
REGULAR BOARD MEETING
June 9, 2008
A Regular Meeting of the Town Board of the Town of Royalton was held on Monday, June 9, 2008, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York. The meeting was called to order by Supervisor Richard J. Lang at 7:34 PM with the Pledge to the Flag.
The following were present:
Supervisor Richard J. Lang
Town Clerk Marie L. Little, RMC
Councilmen Jennifer Bieber, James Budde, Lee Criswell, Bradley Rehwaldt
Highway Superintendent Terry Nieman
Water/Sewer Superintendent Dan Morse
Assessor Thomas Arlington
Attorney Thomas Brandt
Also present were: See Attached Sheets
ADDITIONS OR CORRECTIONS TO THE MINUTES - None
PUBLIC COMMENT - Agenda Items
There was no public comment at this time.
COMMUNICATIONS / PETITIONS
There were no communications or petitions to come before the board at this time.
NEW BUSINESS
RESOLUTION 90-08
DITCHING ISSUE @ 9751 WATSON AVENUE
On a motion made by Councilman Rehwaldt, seconded by Councilman Budde, the following was
ADOPTED AYES 5 Lang, Bieber, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to authorize Terry Nieman, Highway Superintendent, to enter the property located at 9751 Watson Avenue, Middleport, New York. Pursuant to section 147, Article 7 of the Highway Law of the State of New York, we have been directed by the Niagara County Department of Public Works to open the existing drainage ditch on this property.
RESOLUTION 91-08
ADVERTISE TO SEAL & STRIPE THE PARKING LOT
On a motion made by Councilman Rehwaldt, seconded by Councilman Budde, the following was
ADOPTED AYES 5 Lang, Bieber, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to authorize Terry Nieman, Highway Superintendent, to advertise for bids to seal and stripe the parking lot at the Town Hall.
RESOLUTION 92-08
DRAINAGE WORK ON WEST AVENUE & EMERSON PLACE IN GASPORT
On a motion made by Supervisor Lang, seconded by Councilwoman Bieber, the following was
ADOPTED AYES 5 Lang, Bieber, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
BE IT RESOLVED that the Town of Royalton hereby authorizes TVGA Consultants to provide the required survey and engineering services to complete the final design of the West Gasport Drainage Project from West Avenue south on Emerson Place to the termination point located at the highway right-of-way and the Royalton-Hartland School District Property.
RESOLUTION 93-08
DESIGNATION OF JUNE AS "DAIRY MONTH"
On a motion made by Councilwoman Bieber, seconded by Councilman Criswell, the following was
ADOPTED AYES 5 Lang, Bieber, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to designate June as "Dairy Month" in the Town of Royalton. A proclamation will be presented to the Niagara County Dairy Princess and her alternate. (Councilwoman Bieber read the proclamation to Miss Abby Criswell, Dairy Princess and Miss Jolene Bieber, Alternate Dairy Princess - copy of proclamation to be included in the minutes book.)
RESOLUTION 94-08
REMOVAL OF FIREMAN FROM ACTIVE ROLL
On a motion made by Councilman Rehwaldt, seconded by Councilman Criswell, the following was
ADOPTED AYES 5 Lang, Bieber, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to REMOVE Jeff Bower from the active membership roll for the Wolcottsville Volunteer Fire Company, Inc.
RESOLUTION 95-08
ADDITION OF FIREMAN TO ACTIVE ROLL
On a motion made by Councilman Rehwaldt, seconded by Councilwoman Bieber, the following was
ADOPTED AYES 5 Lang, Bieber, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to ADD Jacob Carier to the active membership roll for the Wolcottsville Volunteer Fire Company, Inc.
RESOLUTION 96-08
AUDIT OF CLAIMS
On a motion made by Councilman Criswell, seconded by Councilman Budde, the following was
ADOPTED AYES 5 Lang, Bieber, 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 in the amount of $171,001.29 covering vouchers #582-683 for Abstract #6 for 2008 for the Town Hall, Highway Department and the Water/Sewer Department
RESOLUTION 97-08
AMENDMENT - GUARD RAIL FOR FAIRVIEW DRIVE
On a motion made by Councilwoman Bieber, seconded by Councilman Budde the following was
ADOPTED AYES 5 Lang, Bieber, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to AMEND the original resolution #82-08 dated May 12, 2008, to read as follows: Resolved to authorize the installation of a guard rail on Fairview Drive. The price will be set at the county bid price (the actual price was removed from this amended resolution due to the ever-rising costs). The total amount of guard rail needed for this project will be determined by the Highway Superintendent and the Town Engineer.
RESOLUTION 98-08
STATE STREET PUMP STATION PROJECT
On a motion made by Councilwoman Bieber, seconded by Councilman Budde, the following was
ADOPTED AYES 5 Lang, Bieber, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to authorize Flow Clean contractors to clean out the line at the State Street Pump Station due to an emergency situation with this project. This company will be hired as a sub-contractor by Milherst Construction.
RESOLUTION 99-08
AMENDMENT TO CULVERT PIPE INSTALLATION RESOLUTION
On a motion made by Councilwoman Bieber, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 5 Lang, Bieber, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Be it resolved that a resolution dated May 16, 2005, which prohibited the installation of non-driveway culvert pipe in the towns' right-of-way is hereby amended to include an exception to said prohibition as follows: The Town Board, on a case by case basis, may waive the prohibition after considering (1) Public Safety (2) Engineer's Recommendation (3) Highway Superintendent's Recommendation and (4) Affect on towns' overall drainage system. Provided further that no culverts shall be located within a right-of-way where water lines or sewer lines are located. Provided further that the following Public Improvement Procedure (PIP) be followed: (1) the permit fee shall be set annually, or as needed by the board, (2) the applicant shall provide his own engineer's plans and specifications for the project; said specifications will be reviewed by the Town Engineer. Any costs incurred by the Town Engineer for that review will be paid for by the applicant. The applicant will have a private contractor install the culvert according to the specifications as approved by the Town Engineer. The installation will be inspected by the Town Engineer. The applicant will be responsible for the payment of the inspection fees; said inspection to include final grade. Additionally, all culvert pipe shall be maintained by the property owner; and if not maintained and after notification by the Highway Department, any costs associated with cleaning out the culvert pipe by the Town Highway Department shall be paid for by the property owner, and if not paid, charged back to the property with a tax.
Councilman Budde asked if we need to establish the fee structure tonight for this calendar year. Discussion ensued regarding the fee structure so that the issue for Mr. Johnt can be addressed.
RESOLUTION 100-08
CULVERT PIPE PERMIT FEE FOR A NON-DRIVEWAY
On a motion made by Councilman Budde, seconded by Councilwoman Bieber, the following was
ADOPTED AYES 5 Lang, Bieber, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to set a Permit Fee of $25.00 for a non-driveway culvert installation for 2008.
RESOLUTION 101-08
NYSERDA ENERGY STUDY FOR WATER TREATMENT PLANT
On a motion made by Councilman Rehwaldt, seconded by Councilman Budde, the following was
ADOPTED AYES 5 Lang, Bieber, Budde, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to include the Water Treatment Plant to the NYSERDA Energy Audit Study at a cost of $100.00.
UNFINISHED BUSINESS
There was no unfinished business to come before the board at this time.
PUBLIC COMMENT - GOOD & WELFARE OF THE COMMUNITY
Mr. Scott Wymczak asked if someone on the board can call Time Warner and see why they do not offer phone service in the town. Mr. Wymczak stated that he does not agree with what was done regarding the ditching resolution. Mr. Wymczak stated that he is on a County road so he doesn't care, but we took care of 50% of the people and threw the other 50% of the people to the curb. Every road in the town has one side with water and one without. Mr. Wymczak stated that he doesn't think it is fair and it was a rush to judgment. Councilwoman Bieber stated that we freed up 50% of the people and gave them the opportunity to fill in their ditch if they want to. Discussion ensued regarding this issue.
Mr. Paul Bona, Royalton Hartland School Superintendent, addressed the Town Board regarding the ditching issue on the property of the Gasport Elementary School. Lengthy discussion ensued regarding this matter. Councilwoman Bieber stated that the resolution passed this evening was to complete a study in this area. Hopefully, we will be able to have the information requested by the school district by next month. School Superintendent Bona stated that there is no easement for the town to go across school property. Mr. Bona stated that he can cap off the storm sewer for $1,000.00 and then it will be the town's problem. Lengthy discussion ensued regarding the school building project and the drainage project.
Councilwoman Bieber stated that there will be a Niagara County Master Plan meeting held at Niagara County Community College on June 25, 2008 at 7:30 PM for anyone interested in attending. Councilwoman Bieber stated that the Middleport Community playground is in need of repair and there is a committee being formed to raise the $17,000.00 necessary to repair all of the issues that were identified. There is an Alumni Challenge on the school website for all Roy-Hart graduates to help raise these funds.
There being no further information to come before this board, a motion was made by Councilman Criswell, seconded by Councilwoman Budde and carried unanimously that the meeting be adjourned at 8:35 PM.
Respectfully Submitted,
MARIE L. LITTLE, RMC
ROYALTON TOWN CLERK