Roxbury Town Board Approved Meeting Minutes – July 10 2017

APPROVED MINUTES

July 10, 2017

The regular monthly meeting of the Town Board was held July 10, 2017 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder and Carol Murray, Parks Clerk Carolynn Faraci, Assessor Clerk Stephanie Seminara, Town Attorney Kevin Young and 4 residents. Absent: Councilman Allen Hinkley (out of Town) and Highway Supt. Neil German.

The Public Hearings originally scheduled for 7:00 pm for a second hearing on Small Business Enterprise application and 7:20 pm for a second hearing on the Grand Gorge Civic Center repairs application were not needed.

The Minutes of the June 12, 2017 meeting were approved on motion of Edward Raeder second by Gene Cronk.
AYES-4 Raeder, Cronk, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley

Assessor Clerk Stephanie Seminara stated the EQ Rate for 2017 is still at 100%, the Board has been given a written report from the Assessor and there are no other problems/issues to be discussed.

Parks Clerk Carolynn Faraci reported two students have started with the summer work program, vandalism on park buildings has stopped and has several bookings for the pavilion/park.

Grant Writer Peg Ellsworth was absent but submitted a written report stating she has received plans on the kitchen and will be getting the committee together to go over them. Carolynn Faraci added the kitchen will be for local grower’s use and not caterers and the Town Board will have to make decisions regarding a user’s handbook, rental pricing and other issues before the kitchen is up and running.

Highway Supt. Neil German was absent but submitted a written report stating crews continue to do stone & oil, grader patching, grading and rolling roads, he has been told the old roller is worth about $20,000-$22,000 and therefore requested instead of placing it on the auction site to sell, R.H. Finke has offered $25,000 towards a trade-in with them and they will locate any roller the Town wants. It was also reported John Bubach is planning to leave the Highway Dept. the end of July.

A few months ago, Dennis & Jackie Slater requested a reduced speed limit for Hubbell Corners Rd. to 30 MPH. A response has been received from NYS Dept. of Transportation (NYSDOT) approving of a reduced speed limit of 25 MPH. The illegally posted 30 MPH speed limit sign there now will be removed and a 25 MPH sign will be erected.

Supv. Hynes stated the new Denver Water Pressure Reducing Valve (PRV) was tested on Friday and all went well.

The baby swing at the Grand Gorge Civic Center playground has been damaged with its straps being cut off. The swing will be replaced.

Councilman Cronk again expressed concerns with not getting a receipt for his property taxes from the Tax Collector having asked for it three times and feels a receipt should be sent regardless of whether the box on the tax bill requesting a receipt is marked or not.

Richard Tunison of the Hitching Post introduced himself and stated he plans to open the restaurant on Labor Day weekend. He has submitted a notice that he will be applying for a liquor license through the State and requests a waiver of the 30 day hold from the Town Board. He discussed the renovations taking place and has already spoken with the Building Inspector and NYS Dept. of Health. The Town Board wished him well in his new venture.

On motion of Gene Cronk second by Carol Murray the Town Board approved the Town Clerk’s monthly report for June 2017 in the amount of $5,005.75 (Town Clerk $695.75 and Building Permits $4,310.00)
AYES-4 Cronk, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley

On motion of Carol Murray second by Edward Raeder the Town Board approved the Supervisor’s monthly report for May 2017.
AYES-4 Murray, Raeder, Cronk, Hynes
NAYS-0
ABSENT-1 Hinkley

On motion of Edward Raeder second by Gene Cronk the Town Board approved the Assessor’s monthly report for June 2017.
AYES-4 Raeder, Cronk, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley

On motion of Edward Raeder second by Carol Murray the Town Board approved the Building Inspector’s monthly report for June 2017.
AYES-4 Raeder, Murray, Cronk, Hynes
NAYS-0
ABSENT-1 Hinkley

On motion of Carol Murray second by Gene Cronk the Town Board approved the Water District receipts report for June 2017 in the following amounts: Denver Water $102.30; Grand Gorge $155.91 and Roxbury $395.57.
AYES-4 Murray, Cronk, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley

On motion of Edward Raeder second by Gene Cronk the Town Board approved the Justice Court monthly report for May 2017 in the amount of $4,265.00.
AYES-4 Raeder, Cronk, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley

RESOLUTION #81-LIQUOR LICENSE FOR HITCHING POST
On motion of Edward Raeder second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town Board has received notification that Liz’s Hitching Post LLC will be applying for NYS Liquor License; and
WHEREAS, it has been requested to waive the 30 day hold period; and
WHEREAS, a liquor license has been at that location in the past;
NOW, THEREFORE BE IT RESOLVED, the Town Board has no objections to a liquor license being issued to Liz’s Hitching Post LLC; and
BE IT FURTHER RESOLVED the Town Board will request waiver of the 30 day hold on issuance of the license from the NYS Liquor Authority.”
AYES-4 Raeder, Cronk, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley

Attorney Young discussed the need for an amended Bond Resolution for the Denver Water District Project that is required by NYS EFC who we are applying to for partial funding.

On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
RESOLUTION #82- A RESOLUTION AMENDING THE BOND RESOLUTION DATED JANUARY 3, 2017, AUTHORIZING THE ISSUANCE OF $400,000 BONDS OF THE TOWN OF ROXBURY, DELAWARE COUNTY, NEW YORK, TO PAY PART OF THE $1,000,000 MAXIMUM ESTIMATED COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN’S DENVER WATER DISTRICT, TO INCREASE THE AMOUNT OF BONDS AUTHORIZED TO $1,000,000.
“WHEREAS, by bond resolution dated January 3, 2017, the Town Board of the Town of Roxbury, Delaware County, New York, authorized the issuance of $400,000 bonds to pay part of the $1,000,000 estimated maximum cost of the increase and improvement of the Town’s Denver Water District;
WHEREAS, the Town Board now desires to authorize the issuance of bonds sufficient to pay said estimated maximum cost, to permit work to proceed pending receipt of the grant monies expected to be available; NOW, THEREFORE, BE IT,
RESOLVED, by the Town Board of the Town of Roxbury, Delaware County, New York, as follows:
Section A. The Title and Sections 1 and 2 of the bond resolution of the Town of Roxbury, duly adopted by the Town Board on January 3, 2017, titled:
A RESOLUTION AUTHORIZING THE ISSUANCE OF $400,000 BONDS OF THE TOWN OF ROXBURY, DELAWARE COUNTY, NEW YORK, TO PAY PART OF THE $1,000,000 MAXIMUM ESTIMATED COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN’S DENVER WATER DISTRICT, IN AND FOR SAID TOWN.
are hereby amended to read as follows:
A RESOLUTION AMENDING THE BOND RESOLUTION DATED JANUARY 3, 2017, AUTHORIZING THE ISSUANCE OF $1,000,000 BONDS OF THE TOWN OF ROXBURY, DELAWARE COUNTY, NEW YORK, TO PAY THE $1,000,000 MAXIMUM ESTIMATED COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN’S DENVER WATER DISTRICT, IN AND FOR SAID TOWN.

RESOLVED, by the Town Board of the Town of Roxbury, Delaware County, New York, as follows:
Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the facilities of the Town’s Denver Water District, consisting of various capital improvements to the facilities of the Denver Water District, including wellfield electrical improvements, pumping and treatment improvements, controls system improvements, pressure reducing valve vault replacement, water main and service replacements, hydrant and valve replacements, storage tank rehabilitation, emergency generators, and various building and site improvements, in the Town of Roxbury, Delaware County, New York, there are hereby authorized to be issued $1,000,000 bonds of said Town pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $1,000,000, and the plan for the financing thereof is by the issuance of the $1,000,000 bonds of the Town of Roxbury, Delaware County, New York, authorized to be issued pursuant to this resolution, provided, however, that the amount of bonds to be issued shall be reduced by any grant monies received, including any amounts ultimately received from the anticipated grant from the State of New York under the New York State Water Infrastructure Improvement Act in the amount of $600,000.
Section B. The validity of such bonds and bond anticipation notes may be contested only if:
(1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or
(2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
(3) Such obligations are authorized in violation of the provisions of the Constitution.
Section C. This resolution, which is effective immediately, shall be published in The Catskill Mountain News, the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Councilman Gene Cronk VOTING AYE
Councilman Edward Raeder VOTING AYE
Councilwoman Carol Murray VOTING AYE
Supervisor Thomas S. Hynes VOTING AYE
Councilman Allen Hinkley ABSENT

Attorney Young discussed the changes to the Lamont Engineering., PC agreement for the Denver Water Project.

RESOLUTION #83- RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ROXBURY
AUTHORIZING A CONTRACT AMENDMENT FOR THE DENVER RUN WATER DISTRICT PROJECT AND AUTHORIZING THE TOWN SUPERVISOR TO EXECUTE CONTRACT AMENDMENT
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (the “Town Board”) determined the necessity of a project named Denver Run Water District Water System Improvements Project relating to the increase and improvement of the distribution facilities of the Denver Run Water District (the “Denver Run Water District Project”); and
WHEREAS, by resolution dated April 10, 2017, the Town Board authorized the Denver Run Water District Project; and
WHEREAS, by resolution dated April 10, 2017, the Town of Roxbury’s Denver Water District (“DWD”) and Lamont Engineers (“Lamont”) entered into a Final Design and Construction Phase Service Contract (the “Contract”) for the Denver Run Water District Project; and
WHEREAS, the New York State Environmental Facilities Corporation (“EFC”) requires certain provisions to be included in the Contract; and
WHEREAS, Lamont revised the Contract to add a EFC/SRF Non-Construction Bid Packet (“Bid Packet”) as required by the EFC; and
WHEREAS, the Town Board has reviewed the Bid Packet; and
NOW, THEREFORE BE IT RESOLVED THAT:
The Town Board hereby approves the amendment to the Contract to include the Bid Packet.
The Town Supervisor is hereby authorized to execute a contract amendment to add the Bid Packet to the Contract.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Murray, Raeder, Cronk, Hynes
NAYS-0
ABSENT-1 Hinkley

RESOLUTION #84-ANNUAL GOOD NEIGHBOR FUND REPORT
On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board approves the Annual Report of Good Neighbor funds to NYC DEP (Dept. of Environmental Protection) reflecting a balance of $274,136.20 through June 30, 2017.”
AYES-4 Cronk, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley

RESOLUTION #85-BUBACH RESIGNS FROM HIGHWAY DEPT.
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board has received a letter of resignation from Highway Dept. employee John K. Bubach effective July 27, 2017;
BE IT RESOLVED, the Town Board regretfully accepts the resignation of John K. Bubach from the Highway Dept. with a last day of work to be July 27, 2017.”
AYES-4 Murray, Raeder, Cronk, Hynes
NAYS-0
ABSENT-1 Hinkley

RESOLUTION #86-TRADE IN ROLLER TO R.H. FINKE
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, at the June 12, 2017 meeting, the Town Board approved the Highway Supt. to put the old roller on the Auction’s International site for sale; and
WHEREAS, the Highway Supt. has been told the roller is worth approximately $20,000-$22,000; and
WHEREAS, the Highway Supt. has been offered $25,000 from R.H. Finke as a trade-in; and
WHEREAS, R.H. Finke will locate any roller the Town wants;
NOW, THEREFORE BE IT RESOLVED, the Town Board authorizes the Highway Supt. trade in the roller with R.H. Finke when ready to get a new/used roller; and
BE IT FURTHER RESOLVED the Highway Supt. is to get prices for the Town Board on a new or used roller from R. H. Finke.”
AYES-4 Cronk, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley

RESOLUTION #87-SUPPORT GRANT APPLICATION FOR GOULD CHURCH
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“NOW, THEREFORE, BE IT RESOLVED, that the Town of Roxbury recognizes that the Jay Gould Reformed Church is a prominent historic structure and community asset located on the highly visible State Route 30/Main Street corridor and greatly contributes to the character of Roxbury; and
BE IT FURTHER RESOLVED, that the Town of Roxbury fully supports the proposal being submitted to the NYS Office of Parks, Recreation and Historic Preservation for funds to make repairs to this valuable historic resource.”
WHEREUPON the resolution was put to a vote as follows:
AYES-4 Raeder, Murray, Cronk, Hynes
NAYS-0
ABSENT-1 Hinkley

No action was taken on the water line repair by the Greg Stock residence. Supv. Hynes is to speak with the homeowner.

No action was taken on the Grand Gorge/Roxbury water project property appraisal. Supervisor Hynes is to meet with the landowner.

Discussion took place on the building permit fee for NYC DEP’s $6M project at the Grand Gorge Sewer Plant.

RESOLUTION #88-NYCDEP BUILDING PERMIT FEE
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board accepts the Building Inspector’s calculation of the building permit fee of $9,375 for NYCDEP’s application for repairs/alterations at the Grand Gorge Sewer Plant.”
AYES-4 Raeder, Murray, Cronk, Hynes
NAYS-0
ABSENT-1 Hinkley

An inspection conducted by the State of the Heart of the Catskills Humane Society facility reflects all items as satisfactory.

Attorney Young will contact LVDV Operations, Inc. regarding renewal contracts for operating services they provide for the Denver, Grand Gorge and Roxbury Water Districts and for the Denver and Roxbury Sewer Districts as current contracts expire 12/31/17.

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

AYES-4 Cronk, Murray, Raeder, Hynes

NAYS-0

ABSENT-1 Hinkley

A reminder was given that the August 14th Town Board meeting will be held at the Grand Gorge Civic Center at 7:30 pm.

On motion of Edward Raeder second by Carol Murray the meeting adjourned at 8:06 pm.

THIS IS A TRUE COPY

_______________________________________

Diane Pickett, Town Clerk

Thomas S. Hynes, Supervisor

Gene Cronk, Councilman

Edward Raeder, Councilman

Carol Murray, Councilwoman