Town Board Minutes – October 14, 2013

APPROVED MINUTES

A regular meeting of the Town Board was held October 14, 2013 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Highway Supt. Stephen Schuman, Attorney Kevin Young and 7 residents.

On motion of Gene Cronk second by Allen Hinkley the Minutes of the September 9, 2013 regular meeting and September 26, 2013 special meeting were approved.
AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

Leland Liddle of Second Nature Construction was present re: the Unsafe Structure posted on the property owned by Caroline Lilly located in the Historic District of Roxbury. Mr. Liddle presented the Board with paperwork of proposed repairs that the owner would like to complete in two phases. The Town Board will review the information and also required stamped architect plans for the expanse of work to be completed.

Donald Bramley of MTC Cable and Lee Austin, consultant for MTC were present to discuss and request 20’X20’ easement from the Town to erect a 12’X12’ building on Town property to house their broadband equipment. Attorney Kevin Young will look over the paperwork before a decision can be made by the Board.

Highway Supt. Stephen Schuman stated heavy rains from Sept. 11, 2013 damaged several ditches in the Denver area and crews have repaired them, crews have also begun preparing roads for next year’s work and requested the Town of Andes be added to the current Shared Services Agreement.

RESOLUTION #63 – ADD TOWN OF ANDES TO SHARED SERVICES AGREEMENT
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board, Town of Roxbury, adopted a resolution on December 13, 2010 authorizing the Town of Roxbury Chief Executive Officer to sign a contract t for shared highway services to permit the Roxbury highway department head to share services with highway department heads in other municipalities; and
WHEREAS, said Shared Services contract included services with the Town of Stamford, Town of Harpersfield, Town of Gilboa, Town of Middletown, County of Delaware and Village of Delhi; and
WHEREAS, said Shared Services contract expires December 13, 2015;
NOW, THEREFORE BE IT RESOLVED, the Town Board, Town of Roxbury, hereby amends the contract to also include shared services with the Town of Andes; and
BE IT FURTHER RESOLVED this resolution shall take effect immediately.”
AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

Discussion took place on the request of the Highway Supt. to formally abandon three roads due to several years of non-use and non-maintenance: Hosier Rd., Starley Rd. and Saccaro Rd. Discussion also took place on the abandonment of Slauson Trailer Park Rd. as the owner has approached the Highway Supt. as he would like to have it private again. They require a permissive referendum and attorney Young will prepare the paperwork.

Hardscrabble Rd. bridge is expected to be paved soon. Hwy. Supt. Schuman will check with County DPW as to when.

The Water Supt. is to check two Grand Gorge hydrants that are not working.

Work has begun on replacing the Ridge Rd. Spur water line as part of the Lake St. Project.

A meeting will be held tomorrow, October 15th at 11:00 am at the Town Hall to discuss the Lake St. Project highway permit required from NYS Department of Transportation. Hopefully the meeting will iron out any issues.

A water leak has been repaired on County 41 at the Boyle residence.

The 2014 Tentative Budget was presented to the Town Board. Carolynn Faraci, Budget Officer stated she expects changes to the 2014 Tentative Budget at the workshop to include two new computers: one for the Town Clerk and one for the Bookkeeper as the current computers are too old for upgraded software.

Discussion took place on the C&D box at the Transfer Station that needs work and a low spot that needs blacktop.

On motion of Carol Murray second by Allen Hinkley the Town Board approved the Monthly Report of the Town Clerk for September 2013 in the amount of $4,554.79 (Town Clerk $3,109.79 and Building Permits $1,445.00)
AYES – 5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS – 0

On motion of Carol Murray second by Allen Hinkley the Town Board approved the Monthly Report of the Supervisor for August 2013.
AYES – 5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS – 0

On motion of Carol Murray second by Allen Hinkley the Town Board approved the monthly written report of the Assessor for September 2013.
AYES – 5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS – 0

There was no monthly report received from the Building Inspector.

Attorney Young will review the Building Inspector agreement for renewal as the current one expired 12/31/12.

On motion of Gene Cronk second by Edward Raeder the Town Board approved the monthly water receipts for September 2013 in the following amounts: Denver Water $186.40, Grand Gorge Water $1,137.18 and Roxbury Water $384.33.
AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the monthly report of the Justice Court for August 2013 in the amount of $3,798.00.
AYES – 5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0

Sealed bids advertised for Fuel Oil were opened October 11, 2013 at 2:00 pm at the Town Hall. A total of three bids were received and were as follows per gallon:
Vendor Fluctuating
Base Price + Firm Differential = Total Fluct-
uating Price Fixed
Price Non-Collusive Cert
Main Care 3.0623 .1900 3.2523 3.4360 Yes
Mirabito 3.0550 .1743 3.2293 3.3886 Yes
Bottini 3.2162 .18 3.3962 3.399 No

RESOLUTION #64 – FUEL OIL BID AWARD
On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board awards the 2013/2014 heating season fuel oil bid to Mirabito Energy Products at a fixed price of $3.3886/gallon; and
BE IT FURTHER RESOLVED said deliveries shall begin November 1, 2013.”
AYES – 5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS – 0

RESOLUTION #65 – AMEND COMPUTER USE POLICY
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted”
“WHEREAS, the Town Board adopted a Computer Use Policy on June 10, 2013; and
WHEREAS, the Town Board adopted an amended Computer Use Policy on July 8, 2013; and
WHEREAS, the State Justice Court had issues with some wording regarding the Section (Municipality) Rights (a);
NOW, THEREFORE BE IT RESOLVED, THE Town of Roxbury Town Board adopts an amended version of the Computer Use Policy, specifically, Section: (Municipality) Rights (a) where language was added that pertains to Justice Court records.”
AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0

On motion of Carol Murray second by Allen Hinkley the Town Board approved the Assessor Clerk for reimbursement of costs for mileage, hotel and meals to attend a training conference in Newburgh, NY.
AYES – 5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS – 0

RESOLUTION #66 – CONTROL OF SNOW ON COUNTY HIGHWAYS
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“RESOLVED: That in pursuance of Section 135-a of the Highway Law, the Town Board of the Town of Roxbury hereby approves a certain agreement executed by the Town Superintendent of Highways of the Town of Roxbury with the County Superintendent of Highways of Delaware County for the performance by the Town of Roxbury for the work of control of snow on the County Roads within the boundaries of the County, upon the terms, rules and regulations as are contained in copy of such agreement that is annexed hereto and made a part hereof.”
AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0

RESOLUTION #67 – CONTROL OF SNOW ON NEW YORK CITY ROADS
On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:
“RESOLVED: as authorized by agreement between New York City and the County of Delaware, and by Resolution No. 46 of 1991 of the Delaware County Board of Supervisors, the Town Board of the Town of Roxbury hereby approves a certain agreement executed by the Town Superintendent of Highways of the Town of Roxbury for the performance by the Town of Roxbury of the work of control of snow on the New York City Roads within the boundaries of the County, upon the terms, rules and regulations as are contained in copy of such agreement that is annexed hereto and made a part hereof.
AYES – 5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS – 0

RESOLUTION #68 – MEMORANDUM OF UNDERSTANDING WITH DELAWRE COUNTY PUBLIC HEALTH SERVICES RE: DOG 10 DAY CONFINEMENT
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, it is the responsibility of the Health Dept. to observe and check dogs in confinement or quarantine as part of the rabies prevention program; and
WHEREAS, in 2012 the Delaware County Board of Supervisors decided that the Dog Control Officers (DCO) of each Town would be responsible to observe dogs in confinement and report the status of the dog to the Public Health Office; and
WHEREAS, it has been suggested to DCO’s that they have a contract with the Health Department to provide this service,
NOW, THEREFORE BE IT RESOLVED, the Town Board, Town of Roxbury, on behalf of the Town DCO, approves the Memorandum of Understanding between the Town of Roxbury and the Delaware County Public Health Services (DCPHS) for services to be rendered by the Town DCO in regards to checking the status of dogs in confinement and reporting to DCPHS.”
AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

RESOLUTION #69 – NYSDEC AGREEMENT FOR ENCON LICENSE SALES
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board authorizes the Town Clerk to execute a license issuing agent agreement with NYS Dept. of Conservation (NYSDEC) for the continued sale of NYSDEC sporting licenses.”
AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

On motion of Carol Murray second by Allen Hinkley the Town Board approved the 3rd Quarter – 2013 Report of the WIOX Radio Station.
AYES – 5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS – 0

RESOLUTION # 70 – BUDGET WORKSHOP
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board will hold a Special Meeting on October 29, 2013 at 7:00 pm at the Town Hall for the purpose of conducting a budget workshop on the 2014 Tentative Budget and will discuss any other business that may come before the Board.”
AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

RESOLUTION #71 – ACCEPTING PROPOSED LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-c AND SCHEDULING PUBLIC HEARING FOR SAME
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, on June 24, 2011 the New York State Legislature enacted Chapter 97 of the NYS Laws of 2011, hereinafter referred to as the “General Municipal Law §3-c”;
WHEREAS, General Municipal Law §3-c expressly authorizes local governments to override the tax levy limit by the adoption of a local law approved by a vote of at least sixty percent (60%) of the total voting power of the governing body (in this case, the “Roxbury Town Board”) ;
WHEREAS, the Town’s Attorney has prepared a proposed Local Law to Override the Tax Levy Limit Established in General Municipal Law §3-c; and
WHEREAS, the Town Board has reviewed and modified the proposed Local Law to Override the Tax Levy Limit Established in General Municipal law §3-c; and
NOW, THEREFORE, BE IT RESOLVED that the proposed law is ready for consideration by the Town Board; and
BE IT FURTHER RESOLVED, that the Town Board shall will hold a public hearing for consideration of the Local Law to Override the Tax Levy Limit Established in General Municipal Law §3-c on November 7, 2013 at 6:45 pm at the Town Hall; 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, and to post copies of such notice in the manner provided by law.”
AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

RESOLUTION #72 – PUBLIC HEARING ON 2014 PRELIMINARY BUDGET
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board, Town of Roxbury will hold a Public Hearing on the 2014 Preliminary Budget on November 7, 2013 at 7:00 pm at the Town Hall at which time any person may be heard in favor of or against the proposed budget or any item therein; and
BE IT FURTHER RESOLVED copies of the 2014 Preliminary Budget will be available after the Budget Workshop at the Town Clerk’s Office and at the Public Hearing; and
BE IT FURTHER RESOLVED the regular monthly meeting of the Town Board will be held immediately following the Public Hearing on the Preliminary Budget.”
AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

On motion of Allen Hinkley second by Carol Murray the Town Board approved the liquor license renewal of Ski Plattekill Ski Center.
AYES – 5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS – 0

Attorney Young stated the truck lawsuit offer is at $3,000. The case is to be determined by arbitrator.

On motion of Gene Cronk second by Carol Murray the bills were audited and ordered paid in the following amounts:
General #409-449 $28,846.31 Denver Sewer #94-106 $13,997.65
Highway #193-224 $93,985.18 Special Lights #13-14 $3,262.43
Roxbury Water #73-83 $4,715.00 Capital Projects:
Grand Gorge Water #81-91 $2,896.41 Lake St Construct #215 $100.00
Denver Water #63-71 $2,033.49 Other:
Roxbury Sewer #79-86 $6,738.03 Lake St Construct $258,300.75

On motion of Edward Raeder second by Gene Cronk the meeting adjourned at 8:52 pm.

THIS IS A TRUE COPY

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