Town Board Minutes – Nov. 7, 2013

UNAPPROVED MINUTES
November 7, 2013

Two Public Hearings and the regular monthly meeting of the Town Board were held November 7, 2013 at 6:45 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 3 residents.

The Public Hearing on overriding the tax cap was called to order at 6:45 pm and the notice calling for the hearing was read. Attorney Young explained the purpose of the law. The floor was opened for comments.

Evelyn Irwin questioned why the Town Board would be going over the tax cap. Attorney Young explained that the Preliminary budget is close to the 1.66% tax cap this year so it is in the best interest to adopt the override in case there are errors in the tax cap formula that must be used.

With no other comments being heard the hearing closed at 6:56 pm.

The Public Hearing on the 2014 Preliminary Budget was called to order at 7:00 pm and the notice calling for the hearing was read.

Carolynn Faraci, Budget Officer, discussed additional proposed changes to the budget that include the following:
General Fund Appropriations A1110.2 Justice Equipment $1,811 decrease to $1,561; A7110.4 Parks (M-ARK Project) $7,500 increase to $15,000; A7110.4 Other Contractual $29,000 decrease to $21,500; A 9010.8 Retirement $58,332 increase to $66,640; Revenues 1081 PILOT $2,454 increase to $2,471. If approved, changes would increase the Tax Rate from $7.4285 to $7.4929. Highway Fund Appropriations DA9010.8 Retirement $91,238 increase to $103,646; Revenues 1080 PILOT $4,175 increase to $4,208. If approved, changes would increase the Tax Rate from $12.6362 to $12.7358. Denver Water District Appropriations SW8340.4 Transmission & Distribution $25,000 decrease to $18,000. If approved, the change would decrease the tax rate from $7.9332 to $6.2228.

The floor was opened to comments.

Evelyn Irwin expressed concerns with the M-ARK Project amount, cemetery costs, needing a new loader and the water/sewer operator’s salaries. It was explained the M-ARK line was a typo error, cemetery costs are staying within budget, the Hwy. Supt. already took out other equipment from the tentative budget and the water/sewer operator is on contract not payroll and much of the sewer costs are subsidized by NYCDEP.

With no other comments being heard the hearing closed at 7:22 pm.

The regular meeting was called to order at 7:30 pm. There were a total of 4 residents present.

On motion of Allen Hinkley second by Gene Cronk the minutes of the October 14th regular meeting and October 29th special meeting were approved.

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

Karen Munro and Glenn Faulkner of MTC Cable were present to discuss the MTC Franchise Renewal process and requirements. A public hearing will be required. The Town could require a franchise tax from MTC but chooses not to as it would be added to customer’s bills. Attorney Young will review the renewal agreement and will prepare the appropriate paperwork for the Town Board.
Robert Breglio, Assessor, stated 54% of properties have been verified for the re-val, he attended the Delaware County Assessor’s meeting and was told they are still testing RPS in house and has no set date when they will be turning it over to the Town to begin inputting data on our own, discussed the flood survey responses received where 70% of responders stated having no water in the last 10 years. FEMA will actually visit properties this time around for the updated maps. Delaware County Planning Dept. will also be sending invitations to owners in the proposed flood map areas to attend a meeting with DEC to discuss the maps. Being shown in the flood zone affects assessment. Results of the survey are on file at the Town Clerk’s Office and will also be forwarded to Delaware County Planning Dept. Mr. Breglio was commended for his work in obtaining and documenting the flood information.

Peg Ellsworth updated the Town Board on the status of HUD program applications, stated the barns have been shut down for the winter, discussed awarded grants, stated money still available for flooded homes on the New York State website, she will be speaking about the Roxbury Main St. Project for the Southern Tier Regional presentation to the Governor, and jointly with Attorney Young discussed hazard mitigation funds to organizations. Peg was commended for her work promoting Roxbury through the Southern Tier Regional Commission.

Stephen Schuman, Hwy. Supt. stated crews are getting ready for winter and reported Soil & Water Conservation will be starting stream work on Briggs Rd. shortly that was delayed due to hurricane Irene.

Supv. Hynes reported that Delaware County DPW is expecting to finish paving the Hardscrabble bridge within the next week.

Attorney Young discussed the abandonment of Saccaro and Starley Rds. due to non-maintenance and non-use for 6+ years. The Certificate of Abandonment was read.

RESOLUTION #75 – CERTIFICATE OF ABANDONMENT FOR TWO FORMER HIGHWAYS IN THE TOWN OF ROXBURY

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

“WHEREAS, the Town of Roxbury Highway Superintendent has brought before the Town Board a Certificate of Abandonment for two former Highways in the Town of Roxbury;
WHEREAS, the Town of Roxbury Highway Superintendent has certified that such Highways have not been used for six (6) years or more;
WHEREAS, the Town of Roxbury Highway Superintendent has executed the Certificate of Abandonment all in accordance with New York State Highway Law Section 205.
NOW THEREFORE BE IT RESOLVED, the Town Board hereby consents to the filing of such Certificate of Abandonment with the Roxbury Town Clerk’s Office in accordance with New York State Highway Law Section 205 and each member of the Town Board will provide his/her written consent on the Certificate of Abandonment to such filing.”

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

Supervisor Hynes stated that a vacancy exists on the Planning Board due to the passing of Jean D’Antoni. A person will be sought from the Grand Gorge area. Condolences are sent to the D’Antoni family.

It was reported the Powell Company will make repairs to the Grand Gorge Civic Center roof.

Evelyn Irwin questioned when the radio license is expected to be transferred. Attorney Young stated the Town has signed the agreement with WSKG but it still needs FCC approval of the transfer.

Discussion took place on repairs needed to the Transfer Station box and a hole in front of the box. Supervisor Hynes will discuss the matter with the Transfer Station Manager.

A draft revised copy of the Employee Handbook was distributed to the Town Board. The matter was tabled until they have had a chance to review the proposed changes.

On motion of Edward Raeder second by Carol Murray the Town Board approved the monthly report of the Town Clerk for October 2013 in the amount of $3,858.72 (Town Clerk $1,628.72 and Building Inspector $2,230.00)

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

On motion of Edward Raeder second by Carol Murray the Town Board approved the monthly report of the Supervisor for September 2013.

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

On motion of Edward Raeder second by Carol Murray the Town Board approved the monthly report of the Assessor for October 2013.

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

No monthly report was received from the Building Inspector.

On motion of Edward Raeder second by Carol Murray the Town Board approved the monthly report of the Justice Court for September 2013 in the amount of $3,687.00.

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

RESOLUTION #76 – RETIREMENT REPORTING DAYS

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

BE IT RESOLVED, that the Town of Roxbury hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employee’s Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body,

workday

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

No action was taken on appointing a fifth person to the HUD review committee.

No action was taken on the Building Inspector agreement.

RESOLUTION #77 – ROXBURY TOWN BOARD TO CONSIDER THE “REQUEST FOR EASEMENT” BY THE MARGARETVILLE TELEPHONE COMPANY AND SCHEDULING A PUBLIC HEARING FOR SAME

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

“WHEREAS, the Margaretville Telephone Company would like to install a utility building on Town property as part of a project to expand broadband service within the Town of Roxbury;
WHEREAS, the Margaretville Telephone Company provided materials to the Town Board entitled “Request for Easement” and made a presentation before the Roxbury Town Board on October 14, 2013 in which it proposed the purchase of an easement on Town Property;
WHEREAS, as part of the proposal, the Margaretville Telephone Company would be charged a small fee for the easement by the Town of Roxbury and in turn would provide the Town Government with free internet and telephone service;
WHEREAS, the proposed project is a Type 2 project under SEQRA specifically at §617.5(c) (11) and is, therefore, not subject to SEQRA review; and
WHEREAS, the Town Board Members and the Town’s Attorney have reviewed the proposal submitted by the Margaretville Telephone Company.

NOW, THEREFORE, BE IT RESOLVED that the Town Board accepts the proposal documentation submitted by the Margaretville Telephone Company; and
BE IT FURTHER RESOLVED, that a copy of the “Request for Easement” shall be placed in the Town Clerk’s office and made available for public inspection; and
BE IT FURTHER RESOLVED, that the Town Board will hold a public hearing for consideration of the granting of the proposed easement on December 9, 2013 at 7:00 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 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

RESOLUTION #78 – ROXBURY TOWN BOARD SCHEDULING A PUBLIC HEARING FOR THE CONSIDERATION TO RENEW THE TOWN’S MAY 18, 2001 CABLE TELEVISION FRANCHISE AGREEMENT

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

“WHEREAS, on May 18, 2001 the New York State Public Service Commission approved the Cable Television Franchise Agreement (the “Agreement”) between Heart of the Catskills Communications, Inc. (dba MTC Cable) and the Town of Roxbury;
WHEREAS, by letter dated November 7, 2013, The Margaretville Telephone Company notified the Town of its desire for renewal of the previous 2001 Agreement;
WHEREAS, the Town’s Attorney and the Town Board have reviewed the proposed franchise agreement and the Town Board believes that it would be in the best interest of the Town to enter into the proposed renewal of the Cable Television Franchise Agreement;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board shall hold a public hearing for consideration of the proposed renewal of the Agreement to be held on December 9, 2013 at 7:15 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.
WHEREUPON, the Resolution was put to a vote and recorded as follows:

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

On motion of Allen Hinkley second by Edward Raeder the Town Board approved reimbursement of costs for mileage to the Town Clerk for DEC training and Assessor Clerk for a Conservation Easement seminar.

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

Discussion took place on overriding the 2014 budget tax cap.

RESOLUTION #79 – DETERMINING THAT THERE ARE NO ADVERSE IMPACTS ON THE ENVIRONMENT FROM ADOPTION OF A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-c

On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the Town Board is adopting a Local Law to Override the Tax Levy Limit established in General Municipal Law §3-c; and
WHEREAS, the possible environmental impacts of the adoption of this Law have been considered by the Town Board;
NOW THEREFORE BE IT RESOLVED, that the Town Board has determined that the adoption of a Local Law to Override the Tax Levy Limit Established in General Municipal Law §3-c 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, Murray, Raeder, Cronk, Hynes
NAYS – 0

RESOLUTION #80 – IN THE MATTER OF THE ADOPTION OF LOCAL LAW NO. 1 OF 2013 ENTITLED “LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-c

On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, in accordance with subdivision 5 of General Municipal Law §3-c of the State of New York which provides municipalities with the express authorization to override the tax levy limit established in General Municipal Law §3-c by passing a Local Law approved by a vote of at least sixty percent (60%) of the Town Board; and
WHEREAS, the proposed Law was presented to the Town Board at least 11 days prior to the Town Board meeting on October 14, 2013 and
WHEREAS, the Town Board adopted a resolution on October 14, 2013 scheduling a public hearing on the proposed Law for November 7, 2013; and
WHEREAS, the public hearing on the proposed Local Law was held on November 7, 2013 at the Town Hall; and
WHEREAS, the Town Board reviewed and considered all public comments received on the proposed Law; and
WHEREAS, the proposed Law was on file for inspection at the Clerk’s office prior the hearing and during the public review process; and
WHEREAS, the Town Board has issued a negative declaration under SEQRA for the proposed Local Law No. 1 of 2013 thereby complying with the mandates of the State Environmental Quality Review Act; and
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE
TOWN BOARD OF ROXBURY, DELAWARE COUNTY, NEW YORK:
The Town of Roxbury Local Law to Override the Tax Levy Limit Established in Municipal Law §3-c, being Local Law No. 1 of 2013, is hereby adopted and the Town Clerk is hereby directed to file said Local Law with the Office of the Secretary of State in accordance with State Law.

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

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

On motion of Allen Hinkley second by Carol Murray the Town Board approved the following unpaid water amounts to go on the 2014 Town/County tax bills: Denver Water District $1,674.84, Grand Gorge Water District $6,377.30 and Roxbury Water District $3,960.50.

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

On motion of Gene Cronk second by Edward Raeder the Town Board approved the re-appointment of Wheldon Farleigh and David Cowan to the Planning Board for a 5 year term to expire 12/31/17.

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

Attorney Kevin Young discussed the Stipulation of Settlement for assessing NYCDEP underwater lands. Attorney Robert Beebe negotiated the agreement on behalf of several Towns in the watershed and developed a template for figuring future years. The agreement will keep the current assessment for 3 years and DEP must abide by the template for approximately 20 years without further litigation.

RESOLUTION #81 – APPROVING SETTLEMENT WITH THE CITY OF NEW YORK AND AUTHORIZING THE LAW OFFICES OF ROBERT l. BEEBE, LLC TO SIGN SETTLEMENT ON BEHALF OF THE TOWN BOARD OF THE TOWN OF ROXBURY

On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the City of New York owns and maintains real property known as the Schoharie Reservoir and identified as Tax Map Parcels 114.-1-1; 114.-1-3; and 136.-1-12 in the Town of Roxbury; and
WHEREAS, the City of New York has commenced judicial proceedings seeking reductions of the tax assessments of the reservoir parcels for the years 1999 through 2012; and
WHEREAS, the Town is represented by The Law Office of Robert L. Beebe, LLC; and
WHEREAS, counsel has recommended that these proceedings now be resolved by settlement; and
WHEREAS, the proposed settlement would provide that the City of New York would withdraw all pending proceedings relating to the reservoir, with no assessment reductions and no refunds required of the Town, and the Town would maintain the current assessments for the years 2013, 2014 and 2015; and
WHEREAS, the Town Board and the Town Assessor have reviewed the proposed settlement and find the settlement to be in the best interests of the Town;

THEREFORE, NOW BE IT RESOLVED THAT:

1. That the Town Board hereby approves the settlement; now, be it
2. That counsel is hereby authorized to sign the settlement on behalf of the Town Board.

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

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

Attorney Young also stated that a template will soon be developed for assessing the NYC DEP sewer mains in the Grand Gorge Sewer District.

All funds have now been received from FEMA for the hurricane Irene disaster.

On motion of Carol Murray second by Gene Cronk the Town Board approved the monthly report of water receipts for October 2013 in the amount of $12,370.36 (Denver Water $3,094.30; Grand Gorge Water $4,015.63; Roxbury Water $5,260.43)

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

John Wilson requested approval to attend the renewable energy conference at Manhattan Country School to represent the Town. No action was taken.

Discussion took place on the 2014 Preliminary budget. The Town Board agreed to all fund changes discussed in the Public Hearing. Councilman Hinkley stated speaking with KJBL Electronics, Inc. regarding the Constable car computer. It was felt that not enough accident reports or tickets are done in a year to substantiate the cost of the computer. Councilman Cronk expressed issues with having no cell service it would not work in this area.. The Board agreed to the change of line item General Fund –Appropriations A3120.2 from $7,000 to $5,000 to allow for other equipment that may be needed.

RESOLUTION #82 – APPROVE 2014 TOWN BUDGET

On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, the Town Board has discussed the changes to the 2014 Preliminary Budget as follows:
General Fund Appropriations A1110.2 Justice Equipment $1,811 decrease to $1,561; A3120.2 Constable Equipment $7,000 decrease to $5,000; A 7110.4 Parks (M-ARK Project) $7,500 increase to $15,000; A7110.4 Other Contractual $29,000 decrease to $21,500; A 9010.8 Retirement $58,332 increase to $66,640; Revenues 1081 PILOT $2,454 increase to $2,471.

Highway Fund Appropriations DA9010.8 Retirement $91,238 increase to $103,646; Revenues 1080 PILOT $4,175 increase to $4,208.

Denver Water District Appropriations SW8340.4 Transmission & Distribution $25,000 decrease to $18,000.

NOW, THEREFORE BE IT RESOLVED, the Town Board, Town of Roxbury approves amendment of the 2014 Preliminary Town Budget to reflect the above mentioned changes to the budget; and

BE IT FURTHER RESOLVED, the Town Board adopts the 2014 Budget as amended.”

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

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

General #450-505 $53,970.00 Denver Sewer #107-118 $13,231.32
Highway #225-245 $41,307.40 Special Lights #115-16 $2,236.92
Roxbury Water #84-85 $3,609.03 Capital Projects:
Grand Gorge Water #92-101
$5,181.83

HUD Program
$31,805.50

Denver Water #72-79 $2,169.10 Other:

Roxbury Sewer #87-93 $7,149.74 Lake St Project $11,315.44

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

On motion of Edward Raeder second by Carol Murray the meeting adjourned at 8:50 pm.

______________________________

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