Town Board Minutes - Regular Board Meeting
REGULAR BOARD MEETING
April 11, 2011
The Regular Board Meeting of the Town Board of the Town of Royalton was held on Monday, April 11, 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 7:30 PM with the Pledge to the Flag.
The following were present:
Supervisor Richard J. Lang
Deputy Town Clerks Jill Seelbinder, Pat Hinds
Town Board Members Jennifer Bieber, Daniel Bragg, Bradley Rehwaldt
Highway Superintendent Terry Nieman
Water/Sewer Superintendent Daniel Morse
Assessor Michael Hartman
Attorney Thomas H. Brandt
Also present were: See Attached Sheets
Absent was Councilman James Budde.
ADDITIONS OR CORRECTIONS TO THE MINUTES
Correction to Resolution 20-11 Upgrade Security motion in the minutes reads denied and it should read as tabled. On a motion made by Councilman Bragg, seconded by Councilman Budde.
Correction was presented by Deputy Town Clerk, Pat Hinds
PUBLIC COMMENT - AGENDA ITEMS
There was no public comment to come before the board at this time.
COMMUNICATIONS/PETITIONS
Notice is hereby given that the Annual Update Document (AUD) for the Town of Royalton for the period beginning January 1, 2010 and ending December 31, 2010 has been filed with the New York State Comptroller and a copy has been filed in the office of the Town Clerk where it is available as a Public Record for inspection by all interested persons.
Notice was given to us by Marie L. Little, RMC/CMC, Royalton Town Clerk presented by Deputy Town Clerk, Pat Hinds.
NEW BUSINESS
RESOLUTION 33-11
AUTHORIZE HIGHWAY DEPT TO TAKE AUTOCAR TRUCKS FOR SCRAP
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED AYES 4 Lang, Bieber, Bragg, Rehwaldt
NAYS 0 MOTION CARRIED
Resolution for Highway Superintendent Terry Nieman to take the 1981 and 1983 Autocar Trucks for scrap.
RESOLUTION 34-11
BID AWARD - NEW HYDRAULIC DETACHABLE GOOSENECK TRAILER FOR THE HIGHWAY DEPT.
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED AYES 4 Lang, Bieber, Bragg, Rehwaldt
NAYS 0 MOTION CARRIED
Resolution to award Monroe Tractor bid for Hydraulic Detachable Gooseneck Trailer Model number TDW-35SA at a cost not to Exceed $44,812.00. The three (3) bids received are as follows:
Bidder Name Bid Amount
George & Swede Sales $43,777.00 - Did not meet bid specs
Monroe Tractor $44,812.00
Vantage Equipment $49,739.00
RESOLUTION 35-11
PRICE INCREASE FROM C.A.M. TRENCHING & TRUCKING PRICING INCREASE EFFECTIVE MAY 1, 2011
On a motion made by Councilwoman Bieber, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 4 Lang, Bieber, Bragg, Rehwaldt
NAYS 0 MOTION CARRIED
Resolution to Accept C.A.M. Trenching & Trucking - Effective May 1, 2011.
Old Rate New Rate
Grave Openings $355.00 $390.00
Grave Openings (Sundays & Holidays) $430.00 $470.00
Cremation Burials $175.00 $195.00
Cremation Burial (Sundays & Holidays) $200.00 $220.00
RESOLUTION 36-11
CEMETERY MOWING - THREE YEAR CONTRACT
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED AYES 4 Lang, Bieber, Bragg, Rehwaldt
NAYS 0 MOTION CARRIED
Resolved to award the mowing bid for the five (5) cemeteries in the Town of Royalton:
Royalton Mountain Ridge Cemetery on Royalton Center Road
Royalton Union Cemetery on Bunker Hill Road
Gilbert Cemetery on Chestnut Ridge Road
Maybee Cemetery on Slayton Settlement Road
Kethum Cemetery on Griswold Street
to Whitey's Landscaping, 3375 Lockport Olcott Rd., Lockport at a cost not to exceed $8,600 per year for Three (3) years. The four (4) bids received are as follows:
Bidder Name Address Bid Amount
Oakhurst Development 208 Oakhurst St., Lockport $14,400.00
Hausrath's Landscape 451 Meyer Rd., Buffalo $11,600.00
Scapes 3040 Petroleum St., Nig Falls $11,100.00
Whitey's Landscaping 3375 Lockport Olcott Rd,. Lkpt $8,600.00
Contract shall include a 30 day cause to the Town.
RESOLUTION 37-11
NEW VETS PARK ATTENDANT
On a motion made by Councilman Bragg, seconded by Councilwoman Bieber, the following was
TABLED AYES 4 Lang, Bieber, Bragg, Rehwaldt
NAYS 0 MOTION TABLED
Resolution for permission to hire Ryan C. Harris for Vets Park Attendant.
RESOLUTION 38-11
WIND TURBINE - TOWN OF ROYALTON RESIDENT
On a motion made by Councilman Bragg, seconded by Councilman Rehwald, the following was
TABLED AYES 4 Lang, Bieber, Bragg, Rehwaldt
NAYS 0 MOTION TABLED
Whereas, Ellen A. Johnson of 8638 Ernest Road, Gasport, NY
(hereinafter the Owner) has contracted to install a Bergey 10kW
Wind turbine on her property, and
Whereas, the turbine will be installed on 120' guyed tower (total
Height with blade 132'), and
Whereas, the Owner intends to apply for incentive funding from
The New York State Energy and Research Development Authority
(NYSERDA) pursuant to a program entitled "Program Opportunity
Notice 2097", and
Whereas, the application to be submitted to NYSERDA contains
Certain requirements related to the State Environmental Quality
Review Act (SEQRA) including a requirement that under certain
Circumstances a public hearing should be held, and
Whereas, the Owner, wishes to be certain that all legal
Requirements for her project have been met, now, therefore be it
Resolved,
That the Town Board hereby schedules a public hearing on the
Wind Turbine Project of Ellen A. Johnston, 8638 Ernest Road,
Gasport, NY to be held pursuant to legal notice at the Town Hall,
5316 Royalton Center Road, at 7:00PM on May 9, 2011.
Thomas Brandt, Town Attorney - Regarding the Wind Turbine on your own property here in the Town of Royalton we have a local law that deals with it. Part of that local law includes a public hearing for a special permit to be issued by the Zoning Board of Appeals. And of course the Zoning Board of Appeals would have to undertake the SEQRA process at that point. So because this board is not the board that will issue the permit it really should be the Zoning Board of Appeals as they are issuing the permit. This board won't issue a permit. Councilwoman, Jennifer Bieber mentioned that before that happens doesn't the party need to go to the Board of Appeals. Thomas Brandt, Town Attorney said no. Councilman Bradley Rehwaldt asked if Thomas Brandt, Town Attorney was aware of this. Richard Lang, Supervisor said that this just came into the office today. Thomas Brandt, Town Attorney mentioned that there should be a hearing on SEQRA but usually the Board that issues the permit is the Board that holds the hearing. Hence the Board that issues the permit should know about the environmental consequences before it issues the permit. I would suggest that this resolution be tabled until we can run this through the Zoning Board of Appeals with Tom Arlington, Code Enforcement Officer on April 25th at 7:30. There is a five day notice requirement.
On a motion made by Councilman Bragg, seconded by Councilman Rehwaldt, the following was
TABLED AYES 4 Lang, Bieber, Bragg, Rehwaldt
NAYS 0 MOTION TABLED
Councilman Rehwaldt questioned who wrote this agenda up. Richard Lang, Supervisor said that he and the contractor had written this up. Councilman Rehwaldt mentioned that this should have been brought up at this month's work session. Richard Lang, Supervisor said that this just came in today.
RESOLUTION 39-11
PUBLIC NOTICE TOWN OF ROYALTON
On a motion made by Councilman Rehwaldt, seconded by Councilman Bragg, the following was
ADOPTED AYES 4 Lang, Bieber, Bragg, Rehwaldt
NAYS 0 MOTION CARRIED
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Royalton at a regular meeting held on April 11, 2011, duly adopted, subject to permissive referendum, a resolution, an abstract of which is as follows:
RESOLUTION AUTHORIZING ABANDONMENT OF SURPLUS
PROPERTY, SUBJECT TO PERMISSIVE REFERENDUM.
WHEREAS, the Town Board of the Town of Royalton owns a parcel of real property, described more particularly as SBL # 141.00-1-8, and said parcel being part of real property transferred to the Town of Royalton where the Town became responsible for the Royalton Union Cemetery, and
WHEREAS, a small portion of the parcel is no longer needed in connection with the Town's administration of the Royalton Union Cemetery, and
WHEREAS, said parcel has no value to the Town.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Royalton, in regular session duly convened, does hereby authorize and direct the Supervisor of said Town of Royalton to execute a deed to transfer said parcel, as described in a survey to be provided by the Royalton Bible Church, to the
Royalton Bible Church, formerly known as the Royalton Community Church (the "Church"), with the Church paying all transfer costs, subject to a permissive referendum as permitted by law.
BY ORDER OF THE TOWN BOARD OF THE TOWN OF ROYALTON, NEW YORK
Dated: April 11, 2011
RESOLUTION 40-11
CEMETERY
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
TABLED
Thomas Brandt, Town Attorney was asked by Richard Lang, Supervisor to provide us with a proposed local law on disposing of remains within the Town. Local law that is being proposed is the one that is being used in Somerset.
RESOLUTION 41-11
COURT IP - ADDRESS
On a motion made by Councilwoman Bieber, to hard wire the IP address for the court server, the ourt
Office, as well as the tax collector at the cost of roughly $150.00 and $120.00 for the wire. Seconded by Councilman Dan Bragg, the following resolution was
ADOPTED AYES 4 Lang, Bieber, Bragg, Rehwaldt
NAYS 0 MOTION CARRIED
Daphne Berg, Justice Clerk - IP address - I believe that there is some confusion regarding that this is part of the court room requirements. It is not. The reason why we are requiring a new IP address is the
problems that we had in January where there were some files that were found on my computer that should of only been accessible to the Accounting Clerk. We had gone to two of our computer techs and they all suggested this be done. The OCA also suggested that this be done as well. OCA does not require this but they require a secure system. We will need to have it hard wired and have our own IP address. Mr. Kelly, resident had quoted it as being a cost of $1,000 per year to the Town of Royalton. Lorretta Criswell, Accounting Clerk has checked with Time Warner and there is a $10.00 monthly fee that adds up to be a cost of $120.00 per year with a $25.00 set up fee to the Town of Royalton. Jack Nuwer, Accurate Computer Services has reviewed this and it would fine for our requirements. I have also checked with five or six local
Town courts and most of them have a separate IP address but not all do. We have had a few quotes come in for this work to be done and one non written quote.
Councilwoman, Jennifer Bieber mentioned that we would just need a resolution to go forward to the hard wiring , setting of an IP address and having this come out of building and grounds because it is for the building . Jo Anne Swick, Tax Collector uses this for tax purposes. This is another plus of having a secure network. Councilwomen, Jennifer Bieber made a resolution that. Richard Lang, Supervisor asked if we needed to designate anyone tonight? Daphne Berg, Justice Clerk said that we have two separate IT people and since it is Town responsibility it would be up to us who will be doing the work. The amount will be under the $1,000 procurement policy.
RESOLUTION 42-11
AUDIT OF CLAIMS
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED AYES 4 Lang, Bieber, Bragg, Rehwaldt
NAYS 0 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 $372,316.78 covering vouchers # 339 - #461 for Abstract # 4 for the year 2011 for the Town Hall, Highway Department and Water/Sewer Department.
UNFINISHED BUSINESS
There was no unfinished busine3ss to come before the board at this time.
PUBLIC COMMENT - GOOD & WELFARE OF THE COMMUNITY
Daphne Berg, Justice Clerk - I had given everyone packets on the security system. There are three quotes and I would just point out that our current one now expires July 6th. There is no rush to decide anything tonight but I just wanted you to look these over. Please review these and see if everything is there and see what the Board is happy with as we have a little time. All of these are about equal and I would recommend that we go with the least monthly charge not necessarily the setup fee. There is a difference on all three of these in this area.
Melissa Kubas, Freeman Road, asked if there an update on the water line situation. Richard Lang, Supervisor asked Dan Morse, Water /Sewer Superintendent if there was update. No update yet from the Town Engineers. Melissa Kubas asked if we were looking into it. Thomas Brandt, Town Attorney said that he had given some of the financial information on it about a month ago. Councilwoman, Jennifer Bieber mentioned that now that we have the AUD (yearend report) we got that on Wednesday, I forwarded that to Kenneth Strell, Town Engineer who you have meet. I have talked to Terry Nieman, Highway Superintendent, Dan Morse, Water/Sewer Superintendent they have talked regarding doing the work themselves Highway and Water but I think I mentioned awhile back that once we had that AUD we are all going to sit down and come up with a figure, come up with some information. I am also meeting with our Grant Writter, Anne Sisk on Saturday and we are looking into a planning grant that would go farther than Freeman Road but looking at a planning grant to look into set some expectations that when we are going to get the water line completed. As for as Terry Nieman, Highway Superintendent we have had some discussion to say where we are at because we just got that AUD on Wednesday. I don't have that figure yet. Thomas Brandt, Town Attorney did provide those figures. We are trying to figure what is in that account and what we can do and it cost. That is exactly where we are at. When we are discussing this we are discussing Melissa Kubas on Freeman Road I will tell you that. Melissa Kubas asked maybe we will know more in May? Councilwoman, Jennifer Bieber said that they would all be getting back together the first week in May to discuss and get something on paper and go from there.
Scott Wymczak, resident, said he went to the County Redistricting Meeting on Wednesday, April 6, 2011. Instead of District 19 with the Legislature we are staying District 15 with Hartland but Royalton Hartland is now picking up a section of the Town of Lockport. Mike Hill is going to cover Orleans County Line up to Transit. We will only be picking up about 3,000 people from the Town of Lockport. Richard Lang, Supervisor asked what happened to Sumerset and Scott Wymczak said that everything stayed the same. They were saying they wanted to keep the vote equal and the City of Niagara Falls wanted to keep their five. They now want to eliminate the minority district. So we kept pretty much the way we were with just a few extra.
There being no further information or discussion to come before this board, a motion was made by Councilwoman Bieber, seconded by Councilman Rehwaldt and carried unanimously that the Regular Board Meeting be adjourned at 8:00 PM.
Respectfully Submitted,
Patricia Hinds
Deputy Town Clerk