Town Board Approved Minutes – December 9, 2013

UNAPPROVED MINUTES

Two Public Hearings and the regular meeting of the Town Board were held December 9, 2013 at 7:00 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 4 residents.

The Public Hearing on Margaretville Telephone Company’s (MTC) request for easement was called to order at 7:00 pm. The notice calling for the hearing was read. Glenn Faulkner of MTC corrected the notice that with this easement MTC would allow the Town government buildings free cable and internet service not free telephone. There were no comments from the public.

The hearing closed at 7:10 pm.

The Public Hearing on Margaretville Telephone Company’s (MTC) franchise renewal was called to order at 7:15 pm. The notice calling for the hearing was read. Attorney Young discussed two points of concern in the renewal both of which Glen Faulkner of MTC stated being amenable with to change. There were no comments from the public.

The hearing closed at 7:22 pm.

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

On motion of Gene Cronk second by Allen Hinkley the Minutes of the November 7th, 2013 meeting were approved.

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

Glenn Faulkner discussed the MTC Franchise renewal stating after approval by Town Board it is sent to the Public Service Commission for approval which will take approximately 60 to 90 days.

RESOLUTION #83 – RESOLUTION AUTHORIZING THE RENEWAL OF THE TOWN OF ROXBURY’S CABLE TELEVISION FRANCHISE AGREEMENT WITH “HEART OF THE CATSKILLS COMMUNICATIONS, INC.” (DBA MTC CABLE) AFTER PUBLIC HEARING

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

“WHEREAS, on November 7, 2013, the Town Board of the Town of Roxbury, New York (the “Town”), duly adopted a resolution to consider Margaretville Telephone Company’s (“MTC”) request for renewal of its Cable Television Franchise Agreement with the Town of Roxbury and specifying that said Town Board shall meet at the Town Hall, Town of Roxbury, New York on the 9th day of December, 2013, for the purpose of conducting a public hearing on the MTC’s proposal and to hear all persons interested in the subject thereof concerning the same. The proposed Franchise Agreement and supporting documentation to be placed in the Town Clerk’s office and made available for public inspection;

WHEREAS, notice of the Public Hearing were duly published and posted according to law, and said Town Board did at, the time and place specified in said notice, duly meet and consider such proposal and heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and

WHEREAS, the evidence offered at such time and place requires that the Town Board make the determinations hereinafter made.

NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows:

(1)The notice of hearing was published and posted as required by law; and

(2)The hearing was held pursuant to the requirements of the New York State Public Service Commission; and

(3) It is in the public interest to accept the Margaretville Telephone Company’s Request for renewal of the Cable Television Franchise Agreement with the Town of Roxbury.”

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

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

RESOLUTION #84 – RESOLUTION FOR SALE OF EASEMENT TO MARGARETVILLE TELEPHONE COMPANY AFTER PUBLIC HEARING

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

“WHEREAS, on November 7, 2013, the Town Board of the Town of Roxbury, New York (the “Town”), duly adopted a resolution to consider the “Request for Easement” submitted by the Margaretville Telephone Company and specifying that said Town Board shall meet at the Town Hall, Town of Roxbury, New York on the 9th day of December, 2013, for the purpose of conducting a public hearing on the Margaretville Telephone Company’s proposal and to hear all persons interested in the subject thereof concerning the same. The “Request for Easement” and supporting documentation to be placed in the Town Clerk’s office and made available for public inspection;

WHEREAS, notice of the Public Hearing were duly published and posted according to law, and said Town Board did at, the time and place specified in said notice, duly meet and consider such proposal and heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and

WHEREAS, the evidence offered at such time and place requires that the Town Board make the determinations hereinafter made;

NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows:

(1) The notice of hearing was published and posted as required by law and is otherwise sufficient; and

(2) It is in the public interest to accept the Margaretville Telephone Company’s Request for Easement as part of a project to expand broadband service within the Town of Roxbury; and

(3) It is in the public interest to accept the Margaretville Telephone Company’s Request for Easement that includes the provision of free internet and cable services to the Town of Roxbury Government Facilities, and be it

FURTHER RESOLVED, that this resolution is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law 209-e(3).”

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

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

Stephen Schuman, Hwy Supt. gave status of work, truck repairs and discussed Highway Law Article 8 Section 207 regarding abandoning a Town road back to the owner. Attorney Young will look into the matter. Councilman Raeder requested repair of a pothole at the Civic Center.

Discussion took place on filling the vacancy on the Planning Board. Councilmen Raeder and Murray requested the appointment of Melony Lee.

On motion of Edward Raeder second by Carol Murray the Town Board approved the appointment of Melony Lee to the Planning Board to fill the vacancy with said term expiring 12/31/15.

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

Supv. Hynes stated the hydrant by Hinkley Electric will be removed and used elsewhere in the water district, all hydrants in the Grand Gorge and Roxbury water districts will be checked for operation and a leak will be repaired near the Grand Gorge Country Store.

No report was received from the Parks Dept. Peg Ellsworth will attend the year end meeting.

Discussion took place on the letter received from the Town Health Inspector, Dan Sullivan regarding living conditions and dog issues in Grand Gorge.

Evelyn Irwin questioned the status of the radio station sale. It was stated the Town has signed all the paperwork now it is up to the FCC to approve the transfer of the license which could take several months.

The Personnel Committee (Councilmen Hinkley and Murray) have requested the changes for the Employee Handbnok be tabled until the January Organizational meeting.

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the monthly report of the Town Clerk for November 2013 in the amount of $2,629.50 (Town Clerk $1,839.50 and Building Inspector $790.00)

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

On motion of Carol Murray second by Allen Hinkley the Town Board approved the monthly report of the Supervisor for October 2013.

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

On motion of Gene Cronk second by Edward Raeder the Town Board approved the monthly report of the Assessor for November 2013.

AYES – 5 Cronk, Raeder, Hinkley, Murray, 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 receipts for the Water Districts as follows: Denver Water $457.38; Grand Gorge Water $590.79 and Roxbury Water $763.41.

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

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the monthly report of the Justice Court for October 2013 in the amount of $4,579.50.

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

RESOLUTION #85 – SCHEDULE YEAR END MEETING AND ORGANIZATIONAL MEETING

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

“RESOLVED, the Town Board will hold a Year End Meeting on December 27, 2013 at 4:00 pm at the Town Hall to conclude all business for the year 2013 and will hold the annual Organizational Meeting on January 2, 2014 at 7:30 pm at the Town Hall.”

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

Three additional residents arrived to the meeting at 7:55 pm.

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

General #506-545 $110,171.87
Roxbury Sewer #94-102 $11,553.74
Highway #246-283 $160,199.03
Denver Sewer #119-127 $12,264.53
Roxbury Water #91-99 $4,408.93
Special Lights #17 $20.46
Grand Gorge Water #102-109 $3,447.37
Other:
Denver Water #80-87 $3,039.36
Lake Street Project $69,515.47

AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0
Attorney Kevin Young requested an Executive Session to discuss a Personnel Issue.

On motion of Allen Hinkley second by Gene Cronk the Town Board and attorney went into Executive Session at 8:00 pm to discuss a personnel matter involving the Building Inspector agreement. Present were: Supv. Thomas Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray and Attorney Kevin Young.

On motion of Gene Cronk second by Allen Hinkley the Town Board and Attorney returned to the regular meeting at 8:32 pm where it was stated no action was taken in Executive Session.

On motion of Gene Cronk second by Edward Raeder the meeting adjourned at 8:34 pm

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