Town Board Minutes - Regular Board Meeting
REGULAR BOARD MEETING
February 14, 2011
The Regular Board Meeting of the Town Board of the Town of Royalton was held on Monday, February 14, 2011, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York. The meeting was called to order by Deputy Supervisor, James Budde at 7:30 PM with the Pledge to the flag.
The following were present:
Deputy Supervisor James Budde
Deputy Town Clerk Jill Seelbinder
Deputy Town Clerk Patricia Hinds
Town Board Members Jennifer Bieber, Daniel Bragg, James Budde, Bradley Rehwaldt
Highway Superintendent Terry Nieman
Water/Sewer Superintendent Daniel Morse
Attorney Thomas H. Brandt
Also present were: See Attached Sheets
Absent was Supervisor Richard Lang.
ADDITIONS OR CORRECTIONS TO THE MINUTES
There were no additions or corrections to be made to the minutes as presented by the Deputy Town Clerk.
PUBLIC COMMENT - AGENDA ITEMS
Mr. Jesse Bieber, questioned purchase of supervisor's desk. Funds weren't encumbered, over procurement policy, not in budget and not authorized by the board. Deputy Supervisor, James Budde, Lorretta Criswell, Account Clerk, mistake on her part that it wasn't brought up in December. Discussion ensued. Tom Brandt, Town Attorney, said there should be a record of encumbered funds.
Ms. Molly McGirr, resident, questioned what fund the desk would come out of, Deputy Supervisor, James Budde stated 2010 Buildings & Grounds.
COMMUNICATIONS / PETITIONS
There were no communications or petitions to come before the board at this time.
Jennifer Bieber, Councilwoman, stated Richard Lang, Supervisor forgot to add a resolution from Executive Session. Joanne Genet Haseley for Zoning Board of Appeals. Jennifer Bieber, Councilwoman, will check the web site on the length of this term.
NEW BUSINESS
RESOLUTION 6-11
PURCHASE OF HYDRAULIC COMPACTOR - HIGHWAY
On a motion made by Councilman Bragg, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 4 Bieber, Bragg, Budde, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to approve for the Highway Superintendent Terry Nieman to purchase Hydraulic Compactor BTItc3011I for $7,200.
RESOLUTION 7-11
PURCHASE OF 100 WATER METERS - WATER DEPT
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED AYES 4 Bieber, Bragg, Budde, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to approve for the Water Superintendent, Daniel Morse to purchase 100 Neptune T-10 Water Meters for $18,850.
RESOLUTION 8-11
PURCHASE OFFICE FURNITURE - SUPERVISOR RICHARD LANG'S OFFICE
On a motion made by Councilman Bragg, seconded by Councilman Budde, the following action was taken
ADOPTED AYES 1 Budde
NAYS 3 Bragg, Bieber, Rehwaldt MOTION DENIED
Defeated Resolution for Supervisor Richard Lang to purchase office furniture for $2,234.70 that was encumbered from 2010 budget line item Buildings and Grounds.
Councilwoman Jennifer Bieber and Councilman Bradley Rehwaldt went on record that they could not support this resolution. Discussion ensued.
RESOLUTION 9-11
ENTER INTO GRANT WRITING CONTRACT
On a motion made by Councilman Bragg, seconded by Councilwoman Bieber, the following was
ADOPTED AYES 4 Bieber, Bragg, Budde, Rehwaldt
NAYS 0 MOTION CARRIED
Resolution authorizing Supervisor, Richard Lang to enter into a Grant Writing Contract between the Town of Royalton and Ms. Anne Sisk/dba/Grant Services of New York not to exceed $18,000 for period 2/14/2011 - 2/14/2012. Councilwoman Jennifer Bieber will act as liaison between the Board and Ms. Sisk.
Councilman Bradley Rehwaldt went on record that Ms Anne Sisk's hands would not be tied on going after these grants. Councilwoman Jennifer Bieber advised that anyone here can contact her if they have any questions.
RESOLUTION 10-11
PURCHASE SIGNS -"YOU ARE ENTERING A RIGHT TO FARM COMMUNITY"
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED AYES 4 Bieber, Bragg, Budde, Rehwaldt
NAYS 0 MOTION CARRIED
Resolved to authorize Highway Superintendent, Terry Nieman to order road Signs "You Are Entering a Right to Farm Community".
James Budde, Councilman, asked how many signs we were going to purchase. Jennifer Bieber, Councilwoman, stated that at this time we weren't going to put a number on the quantity of signs, going to look into a Grant to offset the cost.
RESOLUTION 11-11
TRANSFER OF SURPLUS LAND TO ROYALTON COMMUNITY CHURCH
On a motion made by Councilman Bragg, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 4 Bieber, Bragg, Budde, Rehwaldt
NAYS 0 MOTION CARRIED
Resolved to declare the property sized 172 x 106.26 at Royalton Union Cemetery to be surplus and authorize Supervisor Richard Lang to transfer the property to the Royalton Community Church, with all costs to be borne by the Church.
RESOLUTION 12-11
NEW MEMBERS FOR WOLCOTTSVILLE FIRE COMPANY
On a motion made by Councilwoman Bieber, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 4 Bieber, Bragg, Budde, Rehwaldt
NAYS 0 MOTION CARRIED
Resolved to accept the following into membership of Wolcottsville Fire Company: John Miszuk, Zach Donley, and Jenna Bradley for junior membership.
RESOLUTION 13-11
TOWN OF ROYALTON TO OPERATE A "UNIFIED COURT" WITH ONE COURT CLERK
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED AYES 4 Bieber, Bragg, Budde, Rehwaldt
NAYS 0 MOTION CARRIED
Resolved to approve WHEREAS, the Town of Royalton presently operates a "two court" system whereby each of the two Town Justices operates independent offices, with separate clerk/bookkeepers; and WHEREAS, the Town of Royalton desires to operate a "unified court" system whereby the two Town Justices will operate as one Town Court, with two Justices and one Chief Clerk.
NOW, THEREFORE, it is hereby RESOLVED that the Town of Royalton shall operate a "unified court" with one Town Court with two Justices and one Chief Clerk, and all Justice Court Clerks shall
be authorized to accept fines and payments in the name of the Royalton Town Court.
RESOLUTION 14-11
PROCUREMENT CHANGE ON LIMIT FOR THE CALLING OF BIDS
On a motion made by Councilwoman Bieber, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 4 Bieber, Bragg, Budde, Rehwaldt
NAYS 0 MOTIION CARRIED
Resolved to adopt WHEREAS, New York State has changed the limit for the calling of bids in connection with construction projects and purchases from $20,000 and $10,000 respectively to $35,000 and $20,000 respectively; and WHEREAS, Town of Royalton's Procurement Policy presently calls for bids on
Construction projects and purchases at the $20,000 and $10,000 level respectively; and WHEREAS, the Town of Royalton desires to change and update its Procurement Policy so that it aligns with state law. NOW, THEREFORE, it is hereby RESOLVED that the Town of Royalton's Procurement
Policy is hereby amended. Construction Projects that are less than $35,000 And purchases that are less Than $20,000 do not have require open, published, bidding. The Town's existing Procurement Policy regulations concerning the Solicitation of written quotes is hereby extended to the $35,000 and $20,000
levels.
RESOLUTION 15-11
TVGA TO ENGINEER THE SEWER PROJECT
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED AYES 4 Bieber, Bragg, Budde, Rehwaldt
NAYS 0 MOTION CARRIED
Resolved to authorize TVGA to engineer the Sewer project budgeted for 2011. The components would be the slug storage Building at the Waste Water Treatment Plant, the comminuter Replacement and the East Avenue Pump Station.
RESOLUTION 16-11
ZONING BOARD OF APPEALS- APPOINT NEW MEMBER
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following
was
ADOPTED AYES 4 Bieber, Bragg, Budde, Rehwaldt
NAYS 0 MOTION CARRIED
Resolved to appoint Joanne Genet Haseley as our new member for the Zoning Board of Appeals. The term will be for 2/14/11 - 2/14/2015.
RESOLUTION 17-11
AUDIT OF CLAIMS
Resolution for permission to pay the bills.
On a motion made by Councilwoman Bieber, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 4 Bieber, Bragg, Budde, 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 $516,588.31 covering vouchers #41-228 for Abstract # 2 for the year 2011 for the Town Hall, Highway Department and Water/Sewer Department.
UNFINISHED BUSINESS
We would like to congratulate Dick and Gretchen on their 50 year Wedding Anniversary. They were married today, February 14th. Dick Lang has taken this evening off to spend it with his family.
PUBLIC COMMENT - GOOD & WELFARE OF THE COMMUNITY
Resident James Kelly, 9328 Foot Road, regarding some of the items Daphne Burg had as updates for the court. He finds it disappointing that the court is using town resources to look into their computer problems. The office of the court administration supplies all technical support for them and for her to be having a discussion with the technology person town support means that we are paying taxes to be paid to provide technical services . The problem that she outlined the problem for a new or separate IP address the town again anything like that the town should be provided by OCA the town would not have to provide that additionally technically. He also got some information from the president of the Genesee Magistrates Association both of whom are not aware of these updates. Updates were listed in the work session. Councilwoman, Jennifer Bieber did state that these updates will have to done. Thomas Brandt, Attorney, also said that these updates will have to be done sooner or later. Councilwoman, Jennifer Bieber, stated that a grant was written for the court room that we are sitting in a few years ago and Daphne Berg wrote that grant almost by herself to get these updates.
Resident Molly McGirr, 9319 Dewhirst Road, Lockport, asked if the work session notes be posted to the website. Jennifer Bieber, Councilwoman will check with Marie L. Little, Town Clerk on posting of these Work Session minutes. Discussion ensued.
ADJOURNMENT - MOTION TO ADJOURN
There being no further information 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