Work Session Minutes

WORK SESSION MEETING

September 9, 2020

 

The Work Session Meeting of the Town Board of the Town of Royalton was held on Wednesday, September 9, 2020, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York. Supervisor Bragg called the meeting to order at 5:32 PM.

 

The following were present:

Supervisor Daniel R. Bragg

Town Clerk Marie L. Little, MMC/RMC

Town Board Members Lee Criswell, Bradley Rehwaldt, Joshua Walker, Carol Wittcop

Highway Superintendent James Spark

Water/Sewer Superintendent Brian Cummings

Town Attorney Robert Robeson

Town Engineer Paul McGarvey - GHD

 

Highway Superintendent Spark advised the board members that the major roadwork and chip sealing is done for the year. They still have some shared services projects with the Village of Middleport, the Town of Somerset and the Gasport Fire Company to complete.

 

Highway Superintendent Spark stated that he has asked Paul Bruning, Ditching Coordinator, not to give him any more off-road ditching projects for this year.

 

Highway Superintendent Spark advised the board members that he has received a request from Ms. Margaret Walker of Clarence to open up Ertman Road for bicycles.

 

Highway Superintendent Spark advised the board members that he has received an email from the State Highway Association that the CHIPS funding may be cut by 20%. The figures provided by Hwy. Supt. Spark were from $296,000.00 down to $233,791.00.

 

Highway Superintendent Spark stated that he has $158,148.36 in his Machine Equipment line and asked if we are going to buy anything else this year. The board members don’t feel that we should spend it this year. Hwy. Supt. Spark stated that he has $13,000.00 left in his Repair Budget and advised the board members that some of the doors need to be replaced at the garage. Councilwoman Wittcop stated that she doesn’t feel that we should buy anything else.

 

The board members stated that he can go ahead and do the repairs work on the doors. Councilman Rehwaldt stated that if the money is in the budget then we should do the repair work.

 

Discussion ensued regarding tree work and how much there is around town. Councilman Criswell stated that he can’t see spending money on tree removal equipment when they can’t get done what they have to do. Hwy. Supt. Spark asked what isn’t being done? Councilman Criswell brought up ditching work. Hwy. Supt. Spark stated that all of the ditching work they have received has been completed. Discussion continued regarding these issues.

 

Councilwoman Wittcop questioned what the Shared Services is with the Gasport Fire Department. Hwy. Supt. Spark stated that they are doing paving work for them. The fire company pays for supplies and the highway department installs them.

 

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Water/Sewer Superintendent Cummings discussed the shared services with the Village of Middleport for their water department. Supervisor Bragg stated that the town will continue to help until the end of December 2020. If they need additional assistance after that, we will need to have a formal agreement and a charge for services.

 

Water/Sewer Superintendent Cummings advised the board members that the Town of Shelby is looking in to the possibility of buying water from the Town of Royalton to supply their whole town. They are currently purchasing water from Medina and feel they are being overcharged. Engineer McGarvey stated that this would be a bulk customer purchase. Mr. McGarvey will look in to what other municipalities are doing for this type of situation. We will need to consider what the expenses would be to our town. Discussion continued regarding this issue. The Town of Shelby is in the beginning stages of looking in to this. Water/Sewer Superintendent Cummings will look in to getting better dollar figures for the board members as to how many gallons they use and how much they are currently paying to purchase water from Medina.

 

Engineer McGarvey stated that the Empire State Line Flood Plain Permit will be coming in and the application fee associated with it.

 

Engineer McGarvey advised the board members that the Lewiston Road cell tower application looks great. We will need to look at the engineering fee reimbursement associated with this project.

 

Engineer McGarvey discussed the Mountain Road Culvert replacement.

 

Engineer McGarvey advised the board members that he would like to request a discussion at budget time for engineering services reimbursement for our smaller projects.

 

Engineer McGarvey advised the board members that the Griswold Street Waterline Project is complete.

 

Engineer McGarvey presented the board members with a draft memo for the future Water and Sewer Capitol Projects for their review. This was a report on the Findings Summary of Capital Plan Review and Financial Analysis for a ten (10) year period. He would like to coordinate an online meeting to review this report with some of their staff who helped to put it together.

 

Engineer McGarvey advised the board members that we have received the health department approval and the DEC wetlands permit for the Singer Road Waterline Phase 2 Project.

 

Engineer McGarvey stated that the easement drawings for Ben Way have been completed and given to the town and the property owners. GHD will write the legal description once everything has been agreed upon. There are a total of four (4) easements.

 

DCO Scott Wymyczak advised the board members that there was a Dangerous Dog incident filed last month. He has not been writing tickets for unlicensed dogs as the courts have not been in session. DCO Wymyczak advised the board members that he had an incident with a resident on Lewiston Road and they may receive a complaint about him.

 

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Supervisor Bragg welcomed Town Clerk Little back to work.

 

Assessor/Code Enforcement Officer/Building Inspector Michael Hartman advised the board members that he has been doing a lot of inspections recently. He provided the board members a sample local law for “Light Spillage”. We don’t currently have anything in our town code regarding this. There have been complaints regarding the new Niagara Craze on Route 31 and the lights shining from the parking lot in to houses behind this facility on Maple Road.

 

Councilwoman Wittcop asked if this issue was brought to the Planning Board. Mr. Hartman stated that he just received this information this afternoon.

 

Councilman Walker brought up the issue of the Solar Moratorium and stated that the board has not gone over the information provided due to the COVID-19 Pandemic. Councilwoman Wittcop asked if anyone has gone over the Escarpment Overlay presented by the Planning Board. Councilman Walker would like to see the board extend the moratorium on Solar Projects for another six (6) months. A resolution will be put forth regarding this matter.

 

Councilman Wittcop had nothing to come before the board at this time.

 

Town Clerk Little thanked her Deputy Town Clerks, Pat Hinds & Sue Peters, for covering for her during her absence due to her cervical spine surgery. They did an awesome job – as usual!

 

Town Clerk Little advised the board members that Sue Peters will be returning to her three (3) day a week work schedule starting next week.

 

Town Clerk Little advised the board members that we have received a request from Mr. & Mrs. William Ossont to utilize the basketball court at Vets Park for Pickle Ball for the next three (3) weeks on Mondays & Thursdays from 9:00 AM – 11:00 AM. They will take the court and provide the net as they have done in the past. The board members agreed that they will be able to utilize the basketball court for this activity.

 

Town Clerk Little advised the board members that we have received a request from Wolcottsville VFC to approve Joshua Miszuk as a Member of the fire company. Town Clerk Little advised the board members that they also submitted a request to accept Lucas Wicks as a Junior Member of the fire company.

 

Town Clerk Little advised the board members that we have received a request to remove Shaun Rehwaldt as a Member of the Wolcottsville VFC, due to Mr. Rehwaldt’s resignation from the fire company.

 

Town Clerk Little advised the board members that we have also received a request from the Wolcottsville Fire Company to accept Dillon Bisher as an EMS/EMT Member of the fire company. The board members we advised that Mr. Bisher has been previously convicted of two (2) misdemeanors, as listed on his application. Town Clerk Little stated that she contacted our insurance agent regarding this matter. The town will be covered as we provide the fire companies with Workers Compensation insurance, but the liability insurance is through the fire company directly.

 

Town Clerk Little thanked Highway Superintendent Spark and the Highway Crew for cleaning up the downed trees in the Orangeport Cemetery and Huskey Cemetery from the recent wind storms. Town Clerk Little showed the board members pictures taken on her phone of the damage. There is one (1) tree in the Orangeport Cemetery that will need

 

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to be taken down completely before it falls on the neighbor’s house. Town Clerk Little asked Highway Superintendent Spark to speak on their availability to remove this tree in-house. Highway Superintendent Spark stated that he would need to borrow the bucket truck from the Village of Middleport, whenever it would be available. They currently have several projects to complete before winter so he is not sure when he could even ask to use this piece of equipment. The board members stated that they will review the funds available in that line in the budget and address this issue.

 

Councilman Criswell asked where we are with the LOSAP Program for the fire companies. Supervisor Bragg stated that he is at a crossroads right now as there are complications with the Village of Middleport, Town of Hartland, and the Gasport Fire District. There are several taxing jurisdictions for the LOSAP Program in our town. We will probably have to call a special fire board meeting. Supervisor Bragg stated that he continues to work on this.

 

Supervisor Bragg stated that the fire company contracts are up this year. We will need to come up with a percentage figure to open the negotiations. Supervisor Bragg stated that he would like to review this at the board meeting on Monday.

 

Councilman Rehwaldt asked Engineer McGarvey about the cell tower and if there is anything holding up this project on the town side. Engineer McGarvey stated that he doesn’t have all of the particulars on this project. Assessor Hartman stated that there is a 30-day window to submit any objections regarding this project. They are waiting for the 30 days to end so they can continue to move forward.

 

Supervisor Bragg stated that he needs a resolution to authorize payment to CME Construction for the concrete inspection work at the Water/Sewer plant at a cost not to exceed $14,680.33.

 

Supervisor Bragg advised the board members that he has received a letter from the Niagara County Legislature regarding Governor Cuomo’s Executive Order for each municipality to do a Comprehensive Review of their Police Forces. Niagara County Resolution #IL-026-20 states that we need to have a member from our community to sit on this board. Councilman Walker will take on this duty for our town.

 

Supervisor Bragg stated that Councilman Walker and Councilwoman Wittcop still need to do the Court Audit.

 

Supervisor Bragg stated that he wants to close Veterans Park on October 1st this year.

 

Supervisor Bragg stated that the eaves troughs need to be cleaned at Town Hall. He will try to come up this weekend and take care of this.

 

Councilman Walker asked when the Veterans pictures be hung up again in the vestibule? Supervisor Bragg stated that he is going to have a meeting with the Courts regarding this and other issues.

 

Mr. Bobby Muscarella, 8565 Bunker Hill Road, addressed the board members regarding work being done on his property. He stated that he has had several altercations with the Highway Superintendent over the years. Mr. Muscarella stated that he feels his evergreen trees were permanently damaged when a ditch was installed several years ago. Mr. Muscarella stated that there was a phone pole installed in his yard a few weeks ago and he has been trying to find out why it was there.

 

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Mr. Muscarella stated that the cable company is going to have to destroy eleven (11) of his trees to install one (1) cable line. Discussion ensued with Mr. Muscarella regarding these issues. Mr. Muscarella stated that he wants to see the phone poles and cable line run on the other side of the road, in the corn field. Mr. Muscarella stated that he contacted Spectrum directly himself on a Saturday and a representative came out to meet with him the following Monday regarding this issue.

 

Supervisor Bragg stated that we don’t know at this time if the cable will be buried or not on Ward Road. There is a meeting scheduled on September 11, 2020 at 2:00 PM with Spectrum and Highway Superintendent Spark at the corner of Bunker Hill Road and Ward Road regarding this issue. Mr. Muscarella stated that it is okay if they bury the cable on his property. Mr. Muscarella stated that the Spectrum representative stated that the only issue could be the permit required to go under the road. Councilman Rehwaldt addressed the issue of a permit being issued to go under the road and asked who would supply this permit. Mr. Muscarella stated that he believes it has to go to Niagara County, according to the Spectrum representative. Highway Superintendent Spark stated that Spectrum has come to the town for permission to put up a total of 5,800 phone poles so far in the town right-of-way.

 

Highway Superintendent Spark stated that the town Master Plan calls for all utilities to be installed on one side of the road so that future water lines can be installed on the other side of the road.

 

Supervisor Bragg will contact Spectrum tomorrow to get further information regarding this issue.

 

Mr. Stephen Sementilli, Next Era Empire State Transmission Line Project, advised the board members that this project is moving forward with Next Era and the project is currently on schedule. He would like to schedule a meeting with the town members at the beginning of October or the beginning of November regarding this project. Construction is set to start on the sub-station in January 2021. This will be a virtual meeting. There will be a Public Meeting/Open House scheduled in early December, if we are allowed to meet due to the COVID-19 Pandemic.

 

Supervisor Bragg stated that he talked to the bridge guy and all of the documents are in place. The last agreement has been signed and sent to the DOT. This project will go out to bid soon with the construction to start next spring.

 

Highway Superintendent Spark advised the board members that Brent Christianson from the Highway Department is resigning his position effective 9/22/2020. This position will need to be replaced.

 

Councilman Rehwaldt asked if the recycle event is still on. Supervisor Bragg stated that the Electronics Recycle date is scheduled for Monday, September 14th from 8:00 AM – 6:00 PM.

 

Councilman Rehwaldt asked with the procedure is if someone opposes the Cell Tower Project? Assessor Hartman stated that it would have to go back to the Zoning Board.

 

There being no further business to come before this board, Supervisor Bragg adjourned the Work Session be adjourned at 6:40 PM.

 

Marie L. Little, MMC/RMC

Royalton Town Clerk