Town Board Minutes - Regular Board Meeting
REGULAR BOARD MEETING
November 14, 2011
The Regular Board Meeting of the Town of Royalton was held on Monday, November 14, 2011, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York. The meeting was called to order by Supervisor Richard J. Lang at 8:04 PM. The Pledge to the Flag was recited at the first public hearing held this evening.
The following were present:
Supervisor Richard J. Lang
Town Clerk Marie L. Little, RMC/CMC
Town Board Members Jennifer Bieber, Daniel Bragg, James Budde, Bradley Rehwaldt
Water/Sewer Superintendent Daniel Morse
Town Attorney Thomas H. Brandt
Also present were: See Attached Sheets
ADDITIONS OR CORRECTIONS TO THE MINUTES
There were no additions or corrections of the minutes as presented to the board.
PUBLIC COMMENT - Agenda Items Only
Mr. Jesse Bieber, Town Historian, asked how the town could impose $10,000.00 due from private cemeteries to the town for perpetual care. Councilman Budde addressed this issue and stated that he would like to see that amount amended to $2,500.00. Councilman Budde stated that this issue all started when a resident came to the town board and asked if it was okay to bury a loved one on their private property. New York State does not require embalming or the use of a cement vault. That requirement is decided upon by the cemeteries. Councilman Budde stated that this could be considered as a health issue. Councilman Budde stated that the suggested local law is to ensure that the area is fitting to bury in. The money would need to be set aside by the family in a special account for perpetual care of the site for the future. Councilman Budde stated that without having anything on our books we have no control where people are being buried. Those that choose to do this usually become a family plot.
Mr. Bieber stated that the only people that this will affect will be the funeral directors. Mr. Bieber stated that Mr. Budde works for several funeral directors and he feels that this is a conflict of interest. Mr. Bieber stated that many of the farmers bury their cows on their property and this could be considered as a health issue too. Discussion ensued regarding this issue. Councilman Budde stated that the he does work for several funeral directors and he is not ashamed to admit that. Councilman Budde stated that the funeral directors will not be making monies on this issue. Councilman Budde stated that New York State law requires a funeral director to be involved in any burial taking place within the state.
Mr. Scott Wymczak, Riddle Road, stated that he is against this law because it goes against the Constitution. Mr. Wymczak stated that some faiths require burial within twenty-four hours. Mr. Wymczak stated that he is against the board approval portion of the law as the family cannot wait until the following month for a board meeting or the calling of a special meeting.
Discussion continued regarding the proposed Local Law for the Control of Private Cemeteries in the Town of Royalton.
REGULAR BOARD MEETING
November 14, 2011
Page 2
COMMUNICATIONS / PETITIONS
There were no communications or petitions to come before the board at this time.
NEW BUSINESS
Town Clerk Marie L. Little stated that the first resolution listed on the agenda had been voted on at the Budget Work Session held on November 2, 2011. This was due to the filing deadline with Niagara County to have the amounts listed on the 2012 tax rolls. Ms. Little stated that copies of the minutes from that meeting were available for those that wanted them.
RESOLUTION 107-11
SPECIAL BENEFIT ASSESSMENT ROLL FOR 2012
On a motion made by Councilwoman Bieber, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to adopt the Special Benefit Assessment Roll for the Town of Royalton as follows:
ROYALTON WATER DISTRICT:
Water District With Improvements ........................... $250.00 / Unit
Water District Without Improvements ............................$ 50.00 / Unit
Unimproved District with Water ........................... $ 10.00 / Unit
Unimproved District Without Water .............................$ 1.00 / Unit
ROYALTON REFUSE DISTRICT: ...................................... $182.82 / Unit
RESOLUTION 108-11
LOCAL LAW NO. 3 FOR THE YEAR 2011 - OVERRIDE OF THE TAX LEVY LIMIT
On a motion made by Councilman Bragg, seconded by Councilman Budde, the following was
ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to adopt the Local Law No. 3 for the year 2011 Entitled "Override of the Tax Levy Limit Established in General Municipal Law § 3-c for the Town of Royalton, Niagara County, for Fiscal Year 2012. (A full copy of this Local Law will be attached in the official minutes book.)
RESOLUTION 109-11
2012 BUDGET FOR THE TOWN OF ROYALTON
On a motion made by Councilwoman Bieber, seconded by Councilman Budde the following was
ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolution to adopt the 2012 Town of Royalton Budget with the amendment made to the fund balances in the following amounts: Fund Balance appropriated from General Fund (A) should be a total of $57,000.00. Fund Balance appropriated from the Highway Fund (DB) should be a total of $10,000.00.
REGULAR BOARD MEETING
November 14, 2011
Page 3
RESOLUTION 109-11 Continued
2012 BUDGET FOR THE TOWN OF ROYALTON
Pursuant to Section 108 of the New York State Town Law, the proposed salaries of the Town Officers are hereby specified:
Supervisor (1) $16,000.00
Town Board Members (4) $24,000.00 ($ 6,000.00 each)
Town Justice (2) $34,394.00 ($17,197.00 each)
Town Clerk (1) $45,241.00
Superintendent of Highways (1) $57,155.00
Tax Collector (1) $ 6,367.00
FURTHER NOTICE is given that pursuant to Real Property Tax Law Section 495, the Exemption report that shows total assessed value on the final assessment roll that was used in the budgetary process that is exempt from taxation is on file with the Preliminary 2012 Budget.
RESOLUTION 110-11
REMOVE TABLED STATUS FOR LOCAL LAW NO. 2 FOR THE YEAR 2011
On a motion made by Councilman Budde, seconded by Councilman Bragg, the following was
ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to remove the tabled status of Local Law No. 2 of the Year 2011 - A Local Law Entitled "Amendment to Local Law No. 1 of the Year 2002, entitled "A Local Law to Control Private Cemeteries in the Town of Royalton" so the Board Members can take further action on this matter.
RESOLUTION 111-11
LOCAL LAW NO. 4 FOR THE YEAR 2011 - CONTROL PRIVATE CEMETERIES
On a motion made by Councilman Budde, seconded by Councilman Bragg, the following was
ADOPTED AYES 3 Lang, Bragg, Budde
NAYS 2 Bieber, Rehwaldt MOTION CARRIED
Resolved to adopt Local Law No. 4 of the Year 2011 Entitled Amendment to Local Law No. 1 of the Year 2002, entitled "A Local Law to Control Private Cemeteries in the Town of Royalton". The dollar figure for perpetual maintenance will be amended from $10,000.00 to $2,500.00. (A full copy of this Local Law will be attached in the official minutes book.)
RESOLUTION 112-11
CELEBRATION RESERVE ACCOUNT
On a motion made by Councilwoman Bieber, seconded by Councilman Budde, the following was
ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to open a Celebration Reserve Account in the amount of $1,500.00 by December 31, 2011.
REGULAR BOARD MEETING
November 14, 2011
Page 4
RESOLUTION 113-11
AMENDMENT OF RESOLUTION 89-11 - HIGHWAY ROOF REPLACEMENT
On a motion made by Councilman Rehwaldt, seconded by Councilman Bragg, the following was
ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to amend Resolution 89-11 - Authorize the Highway Department to accept the bid from Granzow Construction for Highway Roof Replacement. The original bid was for $40,731.31. Due to unforeseen expenses in the amount of $912.30, the total bill is now $41,643.71.
RESOLUTION 114-11
TERRY'S CORNERS VOLUNTEER FIRE COMPANY - ADDITIONAL ASSISTANTS
On a motion made by Councilwoman Bieber, seconded by Councilman Budde, the following was
ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to approve the following additional assistants for the Terry's Corners Volunteer Fire Company to assist with Bingo Games: Mr. Gary Mahar, Mr. Tyler Fending, Mr. Jeff Batchen, Mr. David Hoffman, Mr. Gerald Fox, and Mr. Brandon Balcerzak.
Town Clerk Little stated that she has received for filing the signed "Members Affidavit of Good Moral Character" for these new assistants.
RESOLUTION 115-11
AUDIT OF CLAIMS
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, 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 $180,387.37 covering vouchers #1249-1362 for Abstract #11 for the year 2011 for the Town Hall, Highway Department and the Water /Sewer Department.
UNFINISHED BUSINESS
Mr. Scott Wymczak stated that he would like to see the town board take action on the Middleport firemen's contract for the workers compensation costs before the April budget is due for the Village of Middleport. Mr. Wymczak stated that he still feels the cemetery law is unconstitutional./
Mr. Jesse Bieber, Town Historian, asked if the Town of Royalton recycle bins have been returned. Supervisor Lang stated that they were returned on Friday. Mr. Bieber asked if anyone was going to be arrested for taking them. Supervisor Lang stated that he would follow up on this.
REGULAR BOARD MEETING
November 14, 2011
Page 5
Councilwoman Bieber updated the town board members on the grants that we will be applying for. We will be applying for the Greig-Lewis grant for AED equipment for the town hall. Councilwoman Bieber stated that she is looking in to a "grant by grant" process for next year. Discussion ensued regarding this issue.
Supervisor Lang stated that there will be a representative from Assemblywoman Jane Corwin's office here on November 21st from 11:00 AM to 3:00 PM for anyone wishing to speak with them.
Mr. James Kelly, Foote Road, stated that he would like to thank Pat for all of her hard work. Town Clerk Marie L. Little stated that this was next on her list. Town Clerk Little formally thanked Ms. Pat Hinds, Deputy Town Clerk, for all of her hard work.
Town Clerk Little stated that she hired Ms. Hinds the day before she was admitted to Roswell Park Cancer Institute for treatment and was unable to work with her and train her. Town Clerk Little stated that Ms. Hinds has done an excellent job for the town in her absence. A round of applause was conducted for Ms. Hinds by all in attendance.
There being no further information to come before this board, a motion was made by Councilman Rehwaldt, seconded by Councilman Budde and carried unanimously that the Regular Board Meeting be adjourned at 8:42 PM.
Respectfully submitted,
Marie L. Little, RMC/CMC
Marie L. Little, RMC/CMC
Royalton Town Clerk