Approved Town Board Meeting Minutes – March 14, 2016

APPROVED MINUTES

March 14, 2016

The regular meeting of the Town Board was held March 14, 2016 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. Neil German, Dpty. Highway Supt. William Sprague, Assessor Robert Breglio, Assessor Clerk Stephanie Seminara, Attorney Kevin Young and 8 residents.

The Minutes of the February 8, 2016 meeting were approved on motion of Gene Cronk second by Carol Murray.

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

Nicole Franzese of the Delaware County Planning Dept. was present with draft Hamlet Designation maps for Grand Gorge delineating the six  parcels requested by owners to be removed,  discussed  parcel review criteria to be used in determining if a parcel should be removed from the designation (including slope, lot size, road access, water bodies, community facilities & flood hazard area) and discussed the process for adopting the new maps that would require a Public Hearing and adoption of a Local Law of which a draft has been submitted to NYSDEC for review.  Franceze and County Planning do not recommend removing any parcels from the designation but she does see where some of the parcels requested for removal would not be an issue due to the review criteria.  Attorney Young stressed again that selling to NYCDEP is permanent and can never be reclaimed for building. Discussion took place on the requests of Moore, Krom and Serrie (representing Conro) to have their parcels removed from the designation.  The Town Clerk was directed by the Town Board to notify County planning to revise the draft maps as follows: Moore-remove both parcels (Tax Map #92.-1-1 and #92.-1-2); Krom-remove the two parcels on the north side of State Hwy 23 (Tax Map #72.-1-28 and #72.-1-61); Krom- parcel on south side of State Hwy 23 will remain in the designation (Tax Map #72.-1-58) because it is beside the trail; Conro-parcel will remain in the designation (Tax Map #91.-1-52.11) because it is in the center of the hamlet.

Mike Jonker and Judy Pangman of Lamont Engineers were present to discuss possible funding for water repair projects and application requirements.  The Drinking Water State Revolving Fund (DWSRF) would be a 60% grant and 40% loan at 0% interest and a Water Infrastructure funds would be a 60% grant, both running for 30 years.  The funding would be sought for Roxbury and Grand Gorge water districts combined as they are fed from the same source.  With recent issues getting the springs back on line, well sources and aging infrastructure problems it was agreed we should look into the programs, especially since there are new changes in scoring for funding it is now felt we have an excellent chance of being approved under hardship eligibility.  Concerns were raised with current high debt in the Grand Gorge Water District, but if approved, it is figured to be an approximate $64/year increase per household.  They also discussed an agreement with Lamont Engineers to get started on putting together paperwork for the funding application at a cost of $7,500.  The DWSRF application is due for submittal in August. The Town Board questioned applying for funding for Denver Water District, who has also had problems with infrastructure this year, but it was determined due to grant scoring it would probably not be approved for hardship funding.

RESOLUTION #26-APPROVE LAMONT ENGINEERING AGREEMENT FOR WATER DISTRICT FUNDING APPLICATION

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

“WHEREAS, the Town of Roxbury plans to submit a grant application to the Drinking Water State Revolving Fund (DWSRF); and

WHEREAS, engineering assistance is needed to complete required documents for said application;

NOW, THEREFORE BE IT RESOLVED the Town of Roxbury Town Board approves an agreement with Lamont Engineers, PC for initial work needed for submission of the application to DWSRF with said cost of services in the amount of $7,500; and

BE IT FURTHER RESOLVED, the Town Board agrees any additional engineering services needed relating to the grant will be at the discretion of the Town Board and will be per the additional costs stated in the terms of the agreement.”

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

In February  the Denver Water District experienced frozen/busted service lines that drained the water tank causing resulting in customers being under a boil water notice for seven days.

Water problems currently exist in the Grand Gorge trailer park with two homeowners having no water and two others nearby having very low water pressure.  Although service lines in the park are the responsibility of the park owner, Water District operators have been authorized to try to help find the problem.

A leak has been detected on a service line in the Roxbury Water District on Ridge Rd. Spur that is being looked into.

An annual NYCDEP inspection of the Denver Sewer plant will be conducted tomorrow.  The microfiltration portion of the plant is showing signs of wear.  Attorney Young will research whether the repairs would be a DEP cost.

Assessor Robert Breglio gave the Town Board a written monthly report and also stated they have processed 500+/- exemption applications for the March 1st deadline.  Lengthy discussion took place on recent solar farm solicitation letters received by several landowners.  Breglio requested the Town Board adopt a policy as soon as possible that would require review by the Town and would put it under a Payment In Lieu of Tax (PILOT) program.  Joseph Resch, a local electrician, explained issues with solar panel conductivity and possible dangers to nearby properties.  Attorney Young will draft a resolution for Town review and PILOT provisions and will also look into amending the current Site Plan Review law to accommodate solar farms.  Breglio also discussed concerns with the Reported Conditions they have been sending to the Building Inspector and Town Board for construction they have found during their assessing work.  Of the several conditions reported, only a few have been addressed.  He is concerned that, with the construction not having a permit, it may come back on the Town.  The Town Board did not take any action for the Building Inspector to require permits for said construction.

Attorney Young discussed the current status of the NYCDEP assessments where they will be calculated by a template to be used by the Assessor when one is approved by the Town Board.

Highway Supt. Neil German reported crews have been cutting brush and cleaning out sluice pipes, have started working roads for repairs, have rented a chipper for two months, stated the new broom is in use and the Town of Stamford has accepted his offer of $5,500 for a used Oshkosh truck to be used for parts.  He also requested purchasing a chipper.  Prices he has gotten are $40K +/-.  He would like to purchase one from Montano at a cost of $38,509 but instead of going through a formal bid, it would be leased for 12 months at $3,209/month and then a payment of $1.00 at the end of the lease.

RESOLUTION #27-NEW CHIPPER LEASE TO OWN

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

“WHEREAS, the Highway Supt. has requested the purchase of a new chipper; and

WHEREAS, a new Morbark 12R Brush drum type chipper with auto feed capability and 74 hp

Kubota Tier 3 diesel engine is available from A. Montano Company, Inc; and

WHEREAS, instead of formally bidding the chipper, said acquisition would require a 12 month lease at $3,209/month with payment of $1.00 at lease end;

NOW, THEREFORE BE IT RESOLVED, the Town Board authorizes the purchase of a 2015 Morbark 12R brush chipper from A. Montano Company, Inc. on the lease to own plan stated above with payment of $1.00 at lease end.”

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

Joseph Resch, Vice President of the newly formed Grand Gorge Business Alliance (GGBA) submitted a letter from the group and also discussed who they are and what they hope to achieve for the Grand Gorge community.  The Town Board was invited to attend an Unveiling and Award Ceremony for their logo contest to be held at the Civic Center on April 9, 2016 at 3:00 pm.  The group looks forward to working with the Grand Gorge Community Action Group, Town Board and community.  Mr. Resch also stated they will be submitting a grant application for Main Street Funding and requested use of the Civic Center to hold a Public Meeting on March 25th as a requirement of the application.  Approval was given to use the building.

Supv. Hynes stated the Constable vehicle has been down for repairs that Councilman Cronk is completing.  Supv. Hynes has contacted a few dealerships looking into availability of a new police vehicle but no action was taken by the Town Board to purchase.

In January 2016, per the Town Board’s direction, a letter was sent to Shawn Smith regarding reimbursement to the Grand Gorge Water District for repair of his service line in the amount of $4,315 to be paid by March 1, 2016 or the amount would be added to his 2017 taxes.  Mr. Smith has requested to make payments.

RESOLUTION #28-SMITH PAYMENT PLAN FOR GRAND GORGE WATER REPAIR

On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:

“WHEREAS, on January 18, 2016,  a letter was sent to Shawn Smith requiring him to make payment of $4,315 to the Grand Gorge Water District for repair of his water service line; and

WHEREAS, payment was to be received by March 1, 2016; and

WHEREAS, Mr. Smith has requested that he be able to make payments over a few months;

NOW, THEREFORE BE IT RESOLVED the Town Board will allow Mr. Smith to make payments to the Grand Gorge Water District  in whatever amounts he wants as reimbursement of the $4,315 owed; and

BE IT FURTHER RESOLVED, if a balance remains on November 1, 2016, said amount will be placed on the 2017 Town/County tax bill as unpaid water.”

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

A letter was received from MTC stating monthly subscription rates will be increasing for cable television and broadband services effective April 1, 2016.

No action was taken on the Police Policy.

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the monthly report of the Town Clerk  for February 2016 in the amount of $1,431.54 (Town Clerk $316.54 and Building Permits $1,115.00)

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

On motion of Carol Murray second by Edward Raeder the Town Board approved the monthly report of the Supervisor for January 2016.

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

On motion of Allen Hinkley second by Edward Raeder the Town Board approved the monthly report of the Assessor for February 2016.

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

On motion of Gene Cronk second by Allen Hinkley the Town Board approved the monthly report of the Building Inspector for February 2016.

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

On motion of Carol Murray second by Edward Raeder the Town Board approved the monthly report of Water District receipts in the following amounts: Denver $809.04; Grand Gorge $1,322.91 and Roxbury $765.74.

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

No action was taken on the Justice monthly report as the invoice has not been received from the State yet.

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the monthly report of the Tax Collector for January and February 2016.

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

No action was taken on filling the vacancy on the Historic Preservation Commission.

Sealed bids for Highway Diesel fuel were opened on March 11, 2016 at 2:00 pm at the Town Hall.  A total of two (2) bids were received and were as follows per gallons:
March-16-1

RESOLUTION #29-AWARD HIGHWAY DIESEL BID
On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board awards the bids for highway diesel to the lowest combined price as follows: Regular to Main Care Energy at a fixed price of $1.6451/gallon and Winter Blend to Main Care Energy at a fixed price of $1.7160/gallon; and
BE IT FURTHER RESOLVED said deliveries shall begin April 1, 2016.”
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0

Sealed bids for Highway Material Hauling were opened on March 11, 2016 at 2:15 pm at the Town Hall. A total of five (5) bids were received and were as follows on a per ton basis:
march16-2

RESOLUTION #30-AWARD HIGHWAY MATERIAL HAULING BID
On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board awards the bids for Highway Material Hauling to the two lowest bidders for each material as follows: Sand from Davenport to DG Construction at $7.25/ton and Carl D. Schulz, Jr. at $7.50/ton; Sand from Oneonta to DG Construction at $7.50/ton and Carl D. Schulz, Jr. at $7.90/ton; Stone & Item 4 from Schoharie to DG Construction at $7.00/ton and Carl D. Schulz, Jr. at $7.20/ton; Stone & Item 4 from Middleburgh to DG Construction at $7.00/ton and Carl D. Schulz, Jr. at $7.10/ton (awarded to Schulz instead of Carver Sand & Gravel because Schulz was low on other materials); Stone & Item 4 from Ashland to DG Construction at $6.50/ton and Carl D. Schulz, Jr. at $6.75/ton; Item 4 from Lexington to Cobleskill Stone Products at $5.75/ton and DG Construction at $6.50/ton.”

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

RESOLUTION #31-ADOPT MOU FOR IMPLEMENTATION OF THE EAST BRANCH DELAWARE RIVER STREAM CORRIDOR MANAGEMENT PLAN

On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury has adopted by resolution the East Branch Delaware River (EBDR) Stream corridor Management Plan (SCMP); and
WHEREAS, the EBDR SCMP is consistent with the Statement of Stream Stewardship Principles with which the Town of Roxbury, Delaware County Soil & Water Conservation District (DCSWCD) and Delaware Basin Project Advisory Committee agree; and
WHEREAS, the DCSWCD and the Town of Roxbury desire to work cooperatively to implement the EBDR SCMP for the common benefit of both parties, protection of the natural resources and the interests of the broader watershed stakeholders; now
THEREFORE BE IT RESOLVED, the Town of Roxbury Town Board agrees to work with the DCSWCD by the terms set forth in the Memorandum of Understanding For Implementation of the East Branch Delaware River Stream Corridor Management Plan; and
BE IT FURTHER RESOLVED, the Town Board appoints Supervisor Thomas S. Hynes as the Town’s representative for the Delaware Watershed Project Advisory Committee (PAC) as related to the MOU.”

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

The Town has received an application from Martin Haggerott of Marty Built, Inc. for renewal of his Junkyard License for his facility on Charcoal Rd. No objections were stated from the Town Board.

On motion of Gene Cronk second by Edward Raeder the Town Board approved the renewal of a Junkyard License for Marty Built, Inc. for one year to expire April 1, 2017.

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

RESOLUTION #32-CHANGE ORDER #1 HIGHWAY GARAGE GENERATOR PROJECT

On motion of Allen Hinkley second b y Gene Cronk the following resolution was offered and adopted:
“RESOLVED, the Town Board approves Change Order #1 on the Highway Garage Generator Project as follows: replace existing residential grade transfer switch for the radio station with new commercial grade transfer switch that is capable of communicating with new commercial grade generator; and
BE IT FURTHER RESOLVED, Change Order #1 will be an increase of $3,183.00.”

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

An East Branch Delaware River Enhanced Recreational Access Plan was distributed to the Town Board for review. Carol O’Beirne is planning to be at the May Town Board meeting to discuss further.

Industrial Appraisal Reports for the Town’s Inventory and Insured Values through December 31, 2015 have been received and is on file at the Town Clerk’s office for inspection.

The Annual Financial Report for the year 2015 was completed and submitted to the State by March 1, 2016. A copy is on file at the Town Clerk’s Office for inspection.

A letter has been sent to Barbara Redmond in Denver Water District Cluster 5 Unit 9 to notify her that the leak in her crawl space was repaired by a plumber contacted by the District to repair and that the cost of said repair is her responsibility to pay directly to the plumber.

The Town Board has been given a copy of the minutes of the January 2016 meeting that Supv. Hynes and Attorney Young attended at Mountainside Farms regarding odor issues and trailers being stored on Teichman Rd. Attorney Young was present for sludge pumping and reported the only odor seems to be present when the cap is removed from the tank and/or truck to accommodate the pumping. Attorney Young will draft a letter to Mountainside Farms regarding the matter.

A written report from Health Officer Daniel Sullivan was given to the Town Board. The report updates the Board on his inspections in Grand Gorge relating to the rat problem.

A Public Information Meeting will be held at the Grand Gorge Civic Center on March 19, 2016 at 10:00 am to discuss the GEIS Project/Flood Study for the hamlet of Grand Gorge. The engineers will be in attendance to discuss the maps and their progress with work.

The next regular monthly meeting of the Town Board will be held April 11, 2016 at 7:30 pm at the Grand Gorge Civic Center.

No action was taken on revising the Grand Gorge and Roxbury Water District bylaws.

The dollhouse at Kirkside Park has again been vandalized with graffiti inside. Pictures have been given to the Town Board and the Town Constable is aware of the situation.

Supv. Hynes was congratulated on an award from the Catskill Mountain News as being voted #1 in the Elected Officials category for the year 2015.

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

General #80-121 – $97,793.47
Denver Sewer #14-26 – $25,083.23
Highway #32-64 – $72,312.82
Special Light Districts #4-5 – $2,094.64
Roxbury Water #12-20 – $3,583.30

Capital Projects:

Grand Gorge Water #13-23 – $7,019.96
GEIS Project #4-7 – $16,838.53
Denver Water #13-23 – $4,707.16
DEP Land Acquisition #8 – $764.70
Roxbury Sewer #12-22 – $30,474.90

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

On motion of Gene Cronk second by Carol Murray the meeting adjourned at 10:10 pm.

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

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