Town Board – August 12, 2013 Minutes

UNAPPROVED MINUTES

August 12, 2013

A regular monthly meeting of the Town Board was held August 12, 2013 at 7:30 pm at the Grand Gorge Civic Center. Present: Supervisor Thomas S. Hynes, Councilmen Edward Raeder, Allen Hinkley and Carol Murray, Highway Supt. Stephen Schuman, Building Inspector William Walcutt, Attorney Kevin Young and 12 residents. Absent: Councilman Gene Cronk.

On motion of Carol Murray second by Edward Raeder the Minutes of the July 8, 2013 meeting were approved.

AYES – 4 Murray, Raeder, Hinkley, Hynes

NAYS – 0

ABSENT – 1 Cronk

Karen Munro and Donald Bramley of MTC Cable were present to discuss the status of the broadband project to provide cable to current un-serviced areas in the Town of Roxbury and 4 other townships. Grant funds were awarded for the project and surveys sent to homeowners in the proposed service areas responded well. MTC also discussed the need for a fiber optic building to be erected, and requested to do so possibly on Town property. Representative is to meet at the property proposed.

Andy Cahill was present to promote the Roxfest NY concert scheduled for August 25 at Stone Tavern Farm and sponsored by GRLIC. It features local area bands and starts at 12 noon.

Hwy. Supt. Stephen Schuman stated crews have stoned and oiled several roads, have filled in small washouts from heavy rains, requested extending the gravel contract, stated the new truck is here and working well and requested selling the 1999 International Dump Truck on the online auction.

RESOLUTION #43 – APPROVE TO SELL HWY. TRUCK ONLINE

On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:

“RESOLVED, the Town Board approves the Highway Supt. to advertise online the sale of a 1999 International Dump Truck with a minimum bid amount to be stipulated.”

AYES – 4 Hinkley, Raeder, Murray, Hynes

NAYS – 0

ABSENT – 1 Cronk

Jean D’Antoni of the Town Planning Board stated there has been no activity.

Building Inspector, William Walcutt informed the Town Board the Catskill Mountain Bicycle Club would like to donate two bike racks to the Town, they just need to choose a color. Mr. Walcutt also expressed concerns with receiving a call from NYS Dept. of Health regarding one of the wedding barns supplying water from a garden hose. The barn owner did not get a building permit for a change of occupancy.

A written report from Assessor Robert Breglio for July 2013 was distributed to the Town Board. Work on the re-val continues.

A written report from Peg Ellsworth was distributed to the Town Board for status of grants and Park work.

Supv. Hynes stated that a couple of water leaks were found and repaired, the Denver, Grand Gorge and Roxbury Water tanks/reservoirs have been inspected and videoed for a report of findings that may need attention and the Roxbury water reservoir has been cleaned.

Atty. Kevin Young discussed the dissolution of the Village of Margaretville Fire Protection District into the Middletown-Hardenburgh Fire District. Since some Town of Roxbury properties are in the Middletown-Hardenburgh Fire District a Public Hearing must be held.

RESOLUTION #44 – SCHEDULE A PUBLIC HEARING TO CONSIDER THE PROPOSAL OF THE DISSOLUTION OF THE VILLAGE OF MARGARETVILLE FIRE DISTRICT AND THE CONSOLIDATION OF SUCH FIRE DISTRICT INTO THE MIDDLETOWN HARDENBURGH FIRE DISTRICT

On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:

“WHEREAS, the Village of Margaretville is seeking to consolidate its Fire District into the Middletown-Hardenburgh Fire District; and

WHEREAS, a portion of the Town of Roxbury is located within the Middletown- Hardenburgh Fire District;

NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF ROXBURY, DELAWARE COUNTY, NEW YORK:

THAT THE Town Board shall meet at the Town Hall, 53690 State Highway 30, Roxbury, New York on the 9th day of September, 2013, at 7:15 P.M. to consider the proposed dissolution and consolidation described herein and to hear all persons interested in the proposal, and be it

FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to publish notice of said hearing in the Catskill Mountain News, the official Town newspaper, and to post copies of such notice in the manner required by law.”

AYES – 4 Hinkley, Murray, Raeder, Hynes

NAYS – 0

ABSENT – 1 Cronk

On motion of Edward Raeder second by Carol Murray the Town Board approved the Town Clerk’s monthly report for July 2013 in the amount of $3,655.92 (Town Clerk $755.92 and Building Permits $2,900.00).

AYES – 4 Raeder, Murray, Hinkley, Hynes

NAYS – 0

ABSENT – 1 Cronk

On motion of Carol Murray second by Allen Hinkley the Town Board approved the Supervisor’s monthly financial report for June 2013.

AYES – 4 Murray, Hinkley, Raeder, Hynes

NAYS – 0

ABSENT – 1 Cronk

On motion of Allen Hinkley second by Carol Murray the Town Board approved the Assessor’s monthly report for July 2013.

AYES – 4 Hinkley, Murray, Raeder, Hynes

NAYS – 0

ABSENT – 1 Cronk

On motion of Carol Murray second by Allen Hinkley the Town Board approved the Building Inspector’s monthly report.

AYES – 4 Murray, Hinkley, Raeder, Hynes

NAYS – 0

ABSENT – 1 Cronk

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the monthly report of water district receipt for July 2013 in the following amounts: Denver Water $3,882.08, Grand Gorge Water $5,076.96 and Roxbury Water $4,548.56.

AYES – 4 Raeder, Hinkley, Murray, Hynes

NAYS – 0

ABSENT – 1 Cronk

On motion of Allen Hinkley second by Carol Murray the Town Board approved the Justice Court monthly report for June 2013 in the amount of $5,122.00.

AYES – 4 Hinkley, Murray, Raeder, Hynes

NAYS – 0

ABSENT – 1 Cronk

RESOLUTION #45 – GRAVEL CONTRACT EXTENSION

On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:

“WHEREAS, the Town Board has entered into contracts with Virginia Ann Rodrigues for the sale and purchase of sand and gravel since 1999; and

WHEREAS the current contract expired December 19, 2012; and

WHEREAS the current mining permit expires August 3, 2014,

NOW, THEREFORE BE IT RESOLVED the Town Board agrees to extend the gravel contract to August 3, 2014 to coincide with the current mining permit subject to the owner’s execution of said agreement.”

AYES – 4 Raeder, Murray, Hinkley, Hynes

NAYS – 0

ABSENT – 1 Cronk

RESOLUTION #46 – UNDERTAKING FOR THE BENEFIT OF THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION

On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:

“WHEREAS, the Town of Roxbury (“Town”) from time to time receives permits from the New York State Department of Transportation (“DOT”) and otherwise conducts activities and operations upon highways and/or within right-of-way controlled by the State of New York for such purposes as the obstruction, installation, construction, maintenance and/or operation of facilities; and

WHEREAS, the Town Board has received an “UNDERTAKING FOR THE BENEFIT OF THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION” in connection with work affecting state highways that requires execution by the Town Supervisor as a condition to a DOT permit to work in State Highways.

THEREFORE, NOW BE IT RESOLVED THAT:

The Town Board of the Town of Roxbury authorizes the Supervisor to execute the subject Undertaking which will be applicable to all permitted activities and operations undertaken after the date of execution and work initiated while the Undertaking is in effect.”

AYES – 4 Murray, Raeder, Hinkley, Hynes

NAYS – 0

ABSENT – 1 Cronk

RESOLUTION #47 – REQUEST DEDICATION OF COLD SPRING RD. BRIDGE

On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:

“WHEREAS, Jean Marie Collin owned a home in the Town of Roxbury and enjoyed going for long runs, to hike and to enjoy nature and the surroundings; and

WHEREAS, often after running she would stop at the bridge on Cold Spring Rd. and admire the beauty of the East Branch of the Delaware River and the change in seasons; and

WHEREAS, unfortunately, on September 11, 2001, Jean, while working at the World Trade Center, perished in the disaster of that day; and

WHEREAS, Jean, in many ways considered Roxbury her “home”, and her remains are here, it is most fitting that we honor her spirit by naming the Cold Spring bridge in her honor and memory,

NOW, THEREFORE BE IT RESOLVED, the Town Board, Town of Roxbury, hereby respectfully requests the Delaware County Board of Supervisor’s approve the dedication of the Cold Spring Rd. bridge in the name of Jean Marie Collin.”

AYES – 4 Hinkley, Murray, Raeder, Hynes

NAYS – 0

ABSENT – 1 Cronk

RESOLUTION #48 – DATA COLLECTOR CONTRACTS

On motion of Carol Murray second by Allen Hinkley the following resolution was offered and adopted:

“WHEREAS, Kristine Carros, Data Collector terminated her contract on June 10, 2013; and

WHEREAS the Sole Assessor requests two new Data Collectors to assist with the undergoing re-evaluation of assessments,

NOW, THEREFORE BE IT RESOLVED the Town Board approves the contracts of Marlana and Spencer Hinkley for part-time Data Collector services at a rate of $9.00/hour retroactive to July 17, 2013; and

BE IT FURTHER RESOLVED said contract will expire upon agreement from both parties.”

AYES – 4 Murray, Hinkley, Raeder, Hynes

NAYS – 0

ABSENT – 1 Cronk

RESOLUTION #49 – APPOINT LENIHAN TO HISTORIC COMMISSION

On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:

“WHEREAS, a vacancy exists on the Historic Preservation Commission due to the resignation of William Allison effective July 15, 2013; and

WHEREAS, the Historic Preservation Commission requests the Town Board appointment of Philip Lenihan to fill the vacancy;

NOW, THEREFORE, BE IT RESOLVED the Town Board appoints Philip Lenihan to the Historic Preservation Commission effective immediately said term to expire Dec. 31, 2013.”

AYES – 4 Hinkley, Raeder, Murray, Hynes

NAYS – 0

ABSENT – 1 Cronk

Discussion took place on replacing the water heater at the highway garage. A proposal was received from Kurt Flachs to do the work.

On motion of Carol Murray second by Edward Raeder the Town Board approved the proposal of Kurt Flachs Heating & Plumbing to replace the water heater at the highway garage at a cost of $1,730.

AYES – 4 Murray, Raeder, Hinkley, Hynes

NAYS – 0

ABSENT – 1 Cronk

A letter was received from Gail Hults expressing concerns with Grand Gorge meter read dates. Currently the meters are being read the first day of the month unless the first of the month is on a weekend day then they are read the first workday of the month. Due to being read on the first weekday some months, there is slightly more water usage. The Town Board’s decision is to leave the read dates as they are.

Discussion also took place on Roxbury and Grand Gorge Water District homeowners or their plumbers turning the water on and off at the outside curb box for extended periods of time. Per the water law, all turn ons/offs are to be done by the Water Supt. only. It was the decision of the Town Board that the charge of $25 each turn on and shut off will be charged to the account even if done by the homeowner or plumber.

On motion of Edward Raeder second by Allen Hinkley the Town Board went into Executive Session at 8:00 pm to discuss NYC DEP assessments and Building Inspector issues. Present were: Supv. Thomas S. Hynes, Councilmen Edward Raeder, Allen Hinkley and Carol Murray and Atty. Kevin Young.

On motion of Carol Murray second by Edward Raeder the Town Board returned to the regular meeting at 9:00 pm where it was stated there are no decisions as a result of Executive Session.

RESOLUTION #50 – APPOINT CDBG REVIEW COMMITTEE

On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:

“WHEREAS, the Town of Roxbury was awarded a New York State Community Development Block Grant (NYS CDBG) on December 26, 2012 for housing rehabilitation; and

WHEREAS, homeowner applications for work under the CDBG grant require review for approval,

NOW, THEREFORE BE IT RESOLVED, the Town Board, Town of Roxbury hereby appoints the following individuals to serve on the CDBG review committee: Steven Mattice, Maryellen Schuman, Blanche Kellerhouse and Tom Miner; and

BE IT FURTHER RESOLVED, a fifth person will be sought to serve on the committee.”

AYES – 4 Raeder, Hinkley, Murray, Hynes

NAYS – 0

ABSENT – 1 Cronk

The annual Dog Control Officer Inspection was completed by the State with no problems found.

The 2nd Quarter WIOX Radio station report was distributed to the Town Board.

Notification was received reporting the 2013 Final Equalization Rate is 32% as determined by the State.

On motion of Allen Hinkley second by Carol Murray the bills were audited and ordered paid in the following amounts:

General #302-368 $49,404.97 Denver Sewer #71-84 $12,976.15

Highway #155-173 $147,986.73 Special Lights #10-11 $3,186.21

Roxbury Water #57-68 $8,900.42 Capital Projects:

Grand Gorge Water #63-73 $2,802.64 Kirk Park Constr #207-211 $37,325.00

Denver Water #55-62 $2,790.32 Lake St Project #212 $3,402.38

Roxbury Sewer #62-68 $6,702.61 Kirk Park Programs #213 $162.00

AYES – 4 Hinkley, Murray, Raeder, Hynes

NAYS – 0

ABSENT – 1 Cronk

THIS IS A TRUE COPY

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Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilman