Town Board — Sept. 9, 2013 Minutes

UNAPPROVED MINUTES

September 9, 2013

A Public Hearing and regular meeting of the Town Board were held September 9, 2013 at 7:15 pm at the Town Hall. Present: Supervisor Thomas S. Hynes, Councilmen Edward Raeder, Allen Hinkley and Carol Murray, Hwy. Supt. Stephen Schuman, Assessor Robert Breglio and 18 residents. Absent: Councilman Gene Cronk and Attorney Kevin Young.

The Public Hearing was called to order at 7:15 pm and the notice was read for the purpose of hearing all comments on the proposed dissolution of the Village of Margaretville Fire Protection District into the Middletown/Hardenburgh Fire District. Diane Cope, Mayor of the Village of Margaretville and Richard Funk, Commissioner of the Middletown/Hardenburgh Fire District were present to discuss the proposed action and the background on the fire districts. Mayor Cope spoke in favor of the merger. A letter was received from Fred Miller, Deputy Mayor of the Village of Margaretville, stating his opposition to the merger.

With no other comments being heard the hearing closed at 7:25 pm.

The regular meeting was called to order at 7:30 pm. Councilman Cronk was present.

On motion of Carol Murray second by Gene Cronk the minutes of the August 12, 2013 meeting were approved.

AYES – 5 Murray, Cronk, Raeder, Hinkley, Hynes
NAYS – 0

Discussion took place on the comments heard at the Public Hearing on the Fire District dissolution/consolidation.

RESOLUTION #51 – NO ADVERSE IMPACTS ON THE ENVIRONMENT FROM AGREEMENT TO THE DISSOLUTION OF THE VILLAGE OF MARGARETVILLE FIRE PROTECTION DISTRICT INTO THE MIDDLETOWN HARDENBURGH FIRE DISTRICT

On motion of Allen Hinkley second by Edward Raeder 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; and
WHEREAS, the possible environmental impacts of agreement to consolidation of the subject fire districts has been considered by the Town Board;

NOWTHEREFORE BE IT RESOLVED, that the Town Board has determined that agreement to the consolidation of the subject fire districts will not have significant adverse impacts on the environment; and

WHEREUPON, the Resolution was put to a vote and recorded as follows:

AYES 5 – Hinkley, Raeder, Cronk, Murray, Hynes
NAYS -0

RESOLUTION #52 – CONSOLIDATION OF THE VILLAGE OF MARGARETVILLE FIRE DISTRICT INTO THE MIDDLETOWN HARDENBURGH FIRE DISTRICT AFTER A PUBLIC HEARING ON THE MATTER

On motion of Carol Murray second by Gene Cronk 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; and

WHEREAS, said Town Board scheduled a hearing 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 consolidation and to hear all persons interested in the matter of the consolidation of such Fire Districts, and notice of such hearing was duly published and posted as prescribed by law, and said Town Board has, at the time and place specified in said notice, duly met and considered the matter of such consolidation, including the evidence submitted at such hearing, and heard all persons interested in the subject thereof who appeared at such time and place, concerning the same; and

WHEREAS, the said Town Board has considered said motion and the evidence submitted at such hearing.

NOW THEREFORE, BE IT RESOLVED that the Town Board determines that the consolidation is in the public interest and the Town Board consents to such consolidation.

BE IF FURTHER RESOLVED that the Town Board authorizes the Town Clerk to file whatever documents are required as a matter of law.

WHEREUPON, the Resolution was put to a vote and recorded as follows:

AYES – 5 Murray, Cronk, Raeder, Hinkley, Hynes
NAYS – 0

Joseph Piasek of WIOX Radio Station was present to discuss the transfer of the radio station license from the Town to another broadcast company per a letter distributed to the Town Board and Attorney. Mr. Piasek would like to have the transfer completed as soon as possible as the license is up for renewal in June 2014. The matter was tabled until the Town Board speaks with Attorney Young.

Nicole Franzese, Director Delaware County Planning Dept. was present to discuss the updated Delaware County’s Multi-Jurisdictional All-Hazards Mitigation Plan that will allow the Town to tap into State and Federal funds available for hazard mitigation projects in the future and requested its adoption. The plan is available on line through the Delaware County website. Projects were identified specifically for each Town.

RESOLUTION #53 – ADOPTION OF THE DELAWARE COUNTY MULTI-JURISDICTIONAL ALL-HAZARDS MITIGATION PLAN.

On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:

“WHEREAS, Delaware County, with the assistance of Tetra Tech, Inc. has gathered information and prepared the Delaware County Multi-Jurisdictional All-Hazards Mitigation Plan; and
WHEREAS, the Delaware County Board of Supervisors determined in Resolution 107 of 2003 that a multi-jurisdictional All-Hazards Mitigation Plan representing all the towns and villages in Delaware County would be more efficient to produce than each community drafting and adopting its own; and
WHEREAS, the Delaware County Multi-Jurisdictional All Hazards Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000, and
WHEREAS, Delaware County is a local unit of government that has afforded the citizens an opportunity to comment and provide input on the Plan and the actions in the Plan; and
WHEREAS, Delaware County and the Town of Roxbury have reviewed the Plan and affirm that the Plan will be updated no less than every five years;

NOW THEREFORE, BE IT RESOLVED by the Town of Roxbury Town Board that the Town of Roxbury adopts the Delaware County Multi-Jurisdictional All-Hazards Mitigation Plan, and resolves to execute the actions in the Plan.”

AYES – Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0

It was stated that the updated flood maps are out and will require Town approval. Assessor Robert Breglio stated that his office has mailed out surveys to owners in the current maps asking if their homes have been flooded to try to help with getting them out of a flood zone for insurance purposes. They have received approximately two-thirds of the surveys back but would like all of them returned to have more accurate information. The Town Board approved the Assessor to send a follow up letter to those who have not responded.

No report was received from the Parks/Community Resource Dept.

Assessor Breglio discussed the items in his written report distributed to the Town Board which includes: approximately 42% of re-valuation date has been completed, he is finding that several home style changes are required (contemporary, cape, etc), he is still waiting to get on-line access to the RPS system to enter his own data from here. Mr. Breglio also commended the work of Stephanie Seminara as Assessor Clerk and the two interns that helped with the re-val data collection this summer.

Highway Supt. Stephen Schuman stated that the oil & stone roadwork has been completed for this year and crews are now getting other roads ready to be worked next year, stated the internet bidding for the 1999 International Dump truck ended at $19,000 and requested acceptance, stated he needs to call on the Blake Group bill on the abstract that should be less. Mr. Schuman also discussed the County requesting the Town to sand the County roads we currently plow for them. He feels he could do County 41 but not County 8 or County 36 because it would be too costly.

The County will be closing the Hardscrabble Rd. bridge for repairs for approximately two weeks. They will erect signs showing the dates.

Supv. Hynes is scheduled to meet with MTC Cable to discuss their request to erect a small building on Town property for their cable equipment.

Discussion took place on issues of misuse with the Town parking lot by the old health center building. The Board will look into the matter.

Lawrence Moran of State Hwy 23 in Grand Gorge expressed concerns with trucks using their jake brakes when entering into Grand Gorge and requested if signs could be posted banning it. Supv. Hynes will contact NYS DOT to see if signs could be posted.

On motion of Gene Cronk second by Allen Hinkley the Town Board approved the Monthly Report of the Town Clerk for August 2013 in the amount of $2,613.80 (Town Clerk $1,363.80 and Building Permits $1,250.00)

AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

On motion of Gene Cronk second by Allen Hinkley the Town Board approved the Supervisor’s Monthly Report for July 2013.

AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

On motion of Edward Raeder second by Carol Murray the Town Board accepted the Assessor’s Monthly Report for August 2013.

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

No monthly report was received from the Building Inspector.

On motion of Carol Murray second by Allen Hinkley the Town Board approved the Monthly report of Water District Receipts for August 2013 in the following amounts: Denver $985.82; Grand Gorge $441.13 and Roxbury $799.30.

AYES – 5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS – 0

On motion of Edward Raeder second by Gene Cronk the Town Board approved the Justice Court Monthly Report for July 2013 in the amount of $5,217.00.

AYES – 5 Raeder, Cronk, Hinkley, Murray, Hynes
NAYS – 0

RESOLUTION #54 – RE-APPOINT SOLE ASSESSOR

On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:

“RESOLVED, the Town Board Town of Roxbury re-appoints Robert Breglio as Sole Assessor for a six year term for the period October 1, 2013 – September 30, 2019; and

BE IT FURTHER RESOLVED the Town Board approves the Official Undertaking of the Sole Assessor as to its form and manner of execution and the sufficiency of the insurance, as surety as prepared for the Town of Roxbury for 2013”

AYES – 5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS – 0

Supv. Hynes is still seeking a person to complete the committee for HUD application review, preferably from the Denver/Vega area.

No action was taken on the renewal of the Building Inspector agreement.

RESOLUTION #55 – APPOINT SCHOOL CROSSING GUARD

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

“RESOLVED, the Town Board Town of Roxbury appoints Sarah Cronk as School Crossing Guard for the year 2013 at a rate of $9.71/hr.”

AYES – 4 Raeder, Hinkley, Murray, Hynes
NAYS – 0
RECUSED: 1 Cronk (Husband)

RESOLUTION #56 – ADVERTISE FOR FUEL OIL BIDS

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

“RESOLVED, the Town Board Town of Roxbury authorizes the Town Clerk to advertise for sealed bids for Fuel Oil for the 2013/2014 heating season; and
BE IT FURTHER RESOLVED, all bids must be received at the Town Clerk’s Office by 2:00 pm on October 11, 2013 at which time they will be opened with any award/rejection to be made at the regular meeting of the Town Board to be held October 14, 2013 at 7:30 pm.”

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

RESOLUTION #57 – APPROVE BID FOR SALE OF 1999 INTERNATIONAL DUMPTRUCK

On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board Town of Roxbury approves the sale of the 1999 International Dump truck to James Decker as high bidder on the internet auction in the amount of $19,000.00.”

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

The Justice Court has requested support of a grant application for equipment, blinds and furniture at the court.

RESOLUTION #58 – JUSTICE COURT GRANT APPLICATION

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

“BE IT RESOLVED, that the Town Board of the Town of Roxbury supports the application of Sandra Rockwell, Court Clerk for Justice Wayne Pebler and Justice Heather Gockel to the Justice Court Assistance Program.

The foregoing Resolution was duly put to a vote which resulted as follows:

AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0

An audit of the Justice Court records for the year 2012 has been completed by the firm of Mostert, Manzenaro & Scott, LLP and no serious problems were found. The audit is on file at the Town Clerk’s Office.

RESOLUTION #59: JUSTICE COURT AUDIT

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

“RESOLVED the Town Board, Town of Roxbury acknowledges that pursuant to Section 2019-a of the Uniform Justice Court Act the records of the Town Justice Court for the year 2012 have been audited by the firm of Mostert, Manzanero & Scott, LLP; and
BE IT FURTHER RESOLVED that said audit shall be filed with the State of New York Unified Court System.”

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

RESOLUTION #60 – NYSEG EASEMENT

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

“WHEREAS, New York State Electric & Gas Corporation (NYSEG) must replace electric line 160 pole number 4A-1; and
WHEREAS, said pole is located on Town of Roxbury property at the Grand Gorge Civic Center; and
WHEREAS, NYSEG has requested a signed easement from the Town of Roxbury for access to replace said pole,

NOW, THEREFORE BE IT RESOLVED, the Town Board, Town of Roxbury, authorizes the Town Supervisor to execute the easement with NYSEG to allow replacement of the electric line 160 pole number 4A-1.”

AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0

Discussion took place on the Town’s health insurance plan renewal.

RESOLUTION #61 – HEALTH INSURANCE PLAN RENEWAL

On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:

“RESOLVED, the Town Board Town of Roxbury approves renewal of the Empire BlueCross BlueShield Simply Blue health plan effective December 1, 2013.”

AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

The Clean Sweep Hazardous Waste Collection Day will be held Sept. 20th& 21st. Registration is required.

The Town of Roxbury and Town of Middletown will hold a Tire Day on October 5, 2013 between 8:00 am – 4:00 pm at the Roxbury Highway Garage. Conditions for acceptance: Town of Roxbury and Town of Middletown residents only, Transfer Station permit required, will take tires fitting up to 17 inch wheels, rims must be removed and limit of 10 tires per household.

Fire inspections recently completed by Atlantic-Inland, Inc. have been distributed to the Town Board, Building Inspector and Fire Depts.

The annual audit of Town records for the year 2012 has been completed by the firm of Mostert, Manzanero & Scott, LLP and is on file at the Town Clerk’s Office. No problems were found.

On motion of Gene Cronk second by Edward Raeder the Town Board went into Executive Session at 8:30 pm to discuss personnel issues regarding salaries. On motion of Allen Hinkley second by Carol Murray the Town Board returned to the regular meeting at 8:55 pm where it was stated the Personnel Committee has not finalized 2014 salaries yet.

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

General #369-408 $34,798.56
Roxbury Sewer #69-78 $25,494.78
Highway #174-192 $155,373.76
Denver Sewer #85-93 $30,645.92
Roxbury Water #69-72 $2,749.46
Special Lights #12 $835.59
Grand Gorge Water #74-80 $3,274.18

Capital Projects:
Denver Water #63-69 $2,352.07
Kirkside Prog. $8,253.00

On motion of Gene Cronk second by Carol Murray the meeting adjourned at 9:00 pm

__________________________________

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