Roxbury Town Board Unapproved Meeting Minutes – September 11, 2017

UNAPPROVED MINUTES

September 11, 2017

A Public Hearing and regular meeting of the Town Board were held September 11, 2017 beginning 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. Neil German, Parks Clerk Carolynn Faraci, Assessor Clerk Stephanie Seminara and 4 residents.  Absent: Attorney Kevin Young.

The Public Hearing was called to order at 6:45 pm with the notice being read.  The Hearing was called to hear all comments on submitting a Community Development Block Grant (CDBG) to NYS Homes and Community Renewal for $400,000 in financial assistance for housing rehab for low-moderate income residents.  Margaret Ellsworth of the M-ARK Project, Inc. was present to discuss the program adding the M-ARK Project would also be administering the project for the Town if CDBG funding is approved. All Board members were in favor of the application. With no other comments being heard for or against the application, the hearing closed at 6:50 pm.

The regular meeting was called to order at 7:00 pm as approved by the Town Board by resolution at the August 14, 2017 meeting.

One more resident arrived.

The Minutes of the August 14, 2017 meeting were approved on motion of Gene Cronk second by Allen Hinkley.

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

Everett Farrell of the Delaware County Planning Board and Ben Gales of Delaware County Soil & Water Conservation showed a power point presentation for a no cost flood mitigation program. The program was discussed as well as the process and funding. The Board was in favor of the program that would identify and address stream issues that have caused problems with flooding, one specifically being Vega Mountain Stream. A Commission would be established, most likely the Town Board, to determine what projects could be looked into under the program.

One more resident arrived.

Maureen Sauveur expressed safety concerns at Mountainside Creamery with trucks entering and exiting the facility, requested better signage and requested speed reduction signs in that area.  Supv. Hynes will contact NYS DOT on the matter.

Highway Supt. Neil German reported crews will be finishing stone & oil roads this week, the new employee starts work tomorrow, crews continue mowing, installing culverts and getting ready for winter, the new roller has arrived and stated they have stoned and oiled approximately 15 miles of road this year.

FEMA reimbursement paperwork has been completed for the March 2017 snowstorm.  The Town is submitting for $50,000.

Councilman Hinkley reported steel near the C&D box at the Transfer Station  is sticking out again.  The Highway Supt. said he will have it re-welded.  Supv. Hynes added the overhead door to be repaired will be done as soon as the company gets a lift to work on it.

Carolynn Faraci of the Parks Dept. had no news to report.

Assessor Clerk, Stephanie Seminara reported concerns with assessor program (RVS & Citrix) having been compromised and has been alerted by County Real Property Tax Services not to make any information changes in the system until their IT Dept. looks into the matter.

Supv. Hynes stated a possible leak has been detected by the Pressure Reducing Valve (PRV) building in Grand Gorge.  Samples will be taken to be tested for chlorine and further sound testing will be completed this week with assistance from Rural Water.

Supv. Hynes reported the roof is still leaking at the Civic Center even though the drains have been cleaned out.

Joseph Resch of the Grand Gorge Business Association stated they will be holding a Business Expo at the Grand Gorge Civic Center on Sept. 30th 10am – 5 pm.  Several local businesses are expected to attend and the Town Board was also asked to have a table and/or attend as well.

Richard Davis of the Grand Gorge Community Action group stated preparations for the annual Halloween Party at the Civic Center is expected to be discussed this week.

Discussion took place on the water bill of Agnes Thomas.  She had a negative reading 7/1/17 which was the result of the meter being installed backwards by the operators.  The Board authorized the Water Clerk to credit her account $23.10, the difference between usages if the meter had been recording correctly.

Supv. Hynes stated he and Lamont Eng. met with Roxbury Run Village Association regarding the Denver Water Project and they are okay with all the work being done.

Discussion took place on the request to abandon Cronk Rd. Attorney Allyssa Moody of Attorney Young’s office has researched the matter and advises the Town Board not to grant the request because it does not come under Abandonment by Dis-Use or Qualified Abandonment criteria.

Discussion took place on the program offered earlier in the meeting by Soil & Water Conservation for flood mitigation.

RESOLUTION #94-TOWN BOARD TO ACT AS COMMISSION FOR FLOOD MITIGATION PROGRAM

On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:

“WHEREAS, the Town of Roxbury desires to participate in the Flood Mitigation Program offered by Delaware County Soil & Water Conservation DCS&WC; and

WHEREAS, the program will help assist in getting funding to alleviate flooding in area identified by the Town; and

WHEREAS, said program will be at no cost to the Town of Roxbury; and

WHEREAS, the program requires a Commission be set up to identify the projects to be considered for the program;

NOW, THEREFORE BE IT RESOLVED, the Town Board agrees to participate in the Flood Mitigation Program through Delaware County Soil & Water Conservation; and

BE IT FURTHER RESOLVED the Town Board will act as the Commission to work with DCS&WC to identify projects for the program.”

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

No action was taken on the water leak near the Stock residence.

On motion of Carol Murray second by Gene Cronk the  Town Board approved the Town Clerk’s monthly report for August 2017 in the amount of $2,200.12 (Town Clerk $855.12 and Building Permits $1,345.00)

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

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the Supervisor’s monthly report for July 2017.

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

On motion of Allen Hinkley second by Carol Murray the Town Board approved the Assessor’s monthly report for August 2017.

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

On motion of Gene Cronk second by Edward Raeder the Town Board approved the Building Inspector’s monthly report for August 2017.

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

On motion of Carol Murray second by Edward Raeder the Town Board approved the Monthly Water Receipts report for August 2017 in the following amounts: Denver $1,062.16; Grand Gorge $602.31 and Roxbury $1,320.58.

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

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the Justice Court monthly report for July 2017 in the amount of $8,707.00.

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

RESOLUTION #95-RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ROXBURY

AUTHORIZING THE TOWN SUPERVISOR TO EXECUTE FINANCING DOCUMENTS FOR THE FINANCING OF DENVER WATER UPGRADES

On motion of Gene Cronk second by Carol Murray 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 Water District Water System Improvements Project relating to the increase and improvement of the distribution facilities of the Denver Water District (the “Denver Water District Project”); and

WHEREAS, by resolution dated April 10, 2017, the Town Board authorized the Denver Water District Project at the maximum estimated cost of $1,000,000, by the issuance of the $1,000,000 bonds of the Town of Roxbury, Delaware County, New York; and

WHEREAS, the Town of Roxbury has obtained short-term financing through the New York State Drinking Water State Revolving Fund (“DWSRF”); and

WHEREAS, the Environmental Facilities Corporation has prepared the financing documents and provided them to the Town Board; and

NOW, THEREFORE BE IT RESOLVED THAT:

1.              The Town Board hereby approves for execution the following financing documents:

·       One (1) execution form of the $1,000,000.00 E.F.C. Drinking Water Facility Note -2017 A (Registered No. RST-1) (the “Note);

·       Two (2) execution copies of the Project Finance Agreement, dated as of September 21, 2017 (the “PFA”);

·       Two (2) execution copies of the Certificate of Determination, consistent with the form “Form of Certificate of Determination” which is Exhibit J to the PFA;

·       Two (2) execution copies of the Supplemental Certificate of Determination, consistent with the “Form of Supplemental Certificate of Determination” which is Exhibit L to the PFA;

·       One (1) execution copy of a Certification For Contracts, Grants, Loans and Cooperative Agreements, 40 CFR 34, to be executed by the Recipient; and

·       One (1) execution copy of a Certification For Contracts, Grants, Loans and Cooperative Agreements, 40 CFR 34, to be executed by each contractor and subcontractor with a contract in excess of $100,000 related to the project, which is Exhibit M to the PFA.

2.              The Town Supervisor is hereby authorized to execute the above listed documents to facilitate the financing of the Denver Water District Project.”

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

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

RESOLUTION #96-ADVERTISE BIDS FOR FUEL OIL

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

“RESOLVED, the Town Board, Town of Roxbury, will receive sealed bids for No. 2 Fuel Oil that

must be received at the Town Clerk’s Office no later than 2:00 pm on October 6, 2017 at which time they shall be opened and any bid will be awarded at the Regular Monthly Meeting of the Town Board to be held October 9, 2017 at 7:30 pm at the Town Hall.”

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

RESOLUTION  #97-CDBG (HUD) GRANT APPLICATION

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

“RESOLVED, the Town of Roxbury Town Board authorizes an application to NYS Homes and Community Renewal for a Community Development Block Grant for owner occupied home repair not to exceed $400,000 and authorizes the MARK Project as a sub-recipient to administer the program.”

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

Discussion took place on the renewal rates for health insurance with Excellus BlueCross BlueSheild. The new rates for the renewed policy would increase 7.88%.

RESOLUTION #98-RENEW BCBS HEALTH INSURANCE PLAN

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

“RESOLVED, the Town Board approves health insurance renewal with Excellus BlueCross Blue Sheild at the following rates/month: Single $820.02, 2 person $1,640.04 and Family $2,337.06 to be effective December 1, 2017.”

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

Discussion took place on changes requested for the Kirkside Park Pavillion Rental Agreement.  Some changes include adding a clean-up fee, noise must not go past 11:00 pm and other legal verbiage.

On motion of Allen Hinkley second by Gene Cronk the Town Board approved changes to Kirkside Park Pavillion Rental agreement effective immediately.

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

An email was received from Nicole Haroldson stating she is resigning from the Roxbury Historic Preservation Commission effective immediately.

On motion of Gene Cronk second by Carol Murray the Town Board accepted the resignation of Nicole Haroldson effective immediately.

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

No action was taken to fill the vacancy on the Historic Preservation Commission.

No action was taken regarding the Munsell’s water bills.

Building Inspector Tomi Tompkins is on vacation this week so Delaware County Code Enforcement Officer Dale Downin is on call for emergencies.

RESOLUTION #99 – JUSTICE COURT AUDIT

On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:

“RESOLVED, the Town Board, Town of Roxbury acknowledges that pursuant Section 2019-a of the Uniform Justice Court Act the records of the Town Justice Court for the year 2016 have been examined by the firm of Mostert, Manzanero & Scott, LLP; and

BE IT FURTHER RESOLVED, that said examination report shall be filed with the State of New York Unified Court System.”

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

RESOLUTION #100-CRONK ROAD ABANDONMENT REQUEST

On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:

“RESOLVED, upon research and recommendation of the Town Attorney, the Town Board will not be taking further action to abandon Cronk Road because it does not come under the criteria required for either Abandonment by Dis-Use or Qualified Abandonment.”

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

RESOLUTION #101-ADVERTISE BIDS FOR GRAND GORGE CIVIC CENTER ROOF

On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:

“RESOLVED, the Town Board will advertise and seek sealed bids for the Grand Gorge Civic Center membrane roof replacement to be opened October 6, 2017 at 2:15 pm at the Town Hall with any award to be made at the regular meeting of the Town Board on October 9, 2017 at 7:30 pm.”

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

Discussion took place on NYS Retirement’s recent check on retirement reporting days being used for salaried elected/appointed officials.  Their calculations require a revised report for the two justices and Councilman Hinkley’s times resulting in an increase or decrease of .02-.04 days/month to times that were previously reported.

RESOLUTION #102-REVISED STANDARD WORK DAY & REPORTING RESOLUTION FOR ELECTED AND APPOINTED OFFICIALS

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

“BE IT RESOLVED, that the Town of Roxbury hereby establishes the following standard work days for these titles and will report the officials to the New York State and Local Retirement System based on

their record of activities:


AYES-4 Raeder, Cronk, Murray, Hynes
NAYS-0
ABSTAIN-1 Hinkley

RESOLUTION #103-APPROVE LAMONT ENGINEER CONTRACT FOR CIVIC CENTER ROOF

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

“RESOLVED, the Town Board approves the terms of the Agreement with Lamont Engineers, PC for engineering services related to membrane roof replacement on the Grand Gorge Civic Center; and

BE IT FURTHER RESOLVED, the Town Board authorizes the Town Supervisor to execute the Agreement.”

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

The 2018 Tentative Budget will be sent to the Town Board after October 1, 2017 for their review.

RESOLUTION #104-SCHEDULE BUDGET WORKSHOP

On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:

“RESOLVED, the Town Board schedules a workshop to be held October 16, 2017 at 7:00 pm at the Town Hall to discuss the 2017 Tentative Budget in preparation for the Preliminary Budget.”

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

Draft revised road takeover specs were distributed to the Town Board and will be discussed at the regular October Town Board meeting when Attorney Young is in attendance.

Denver Water Project Drawdown #1 has been submitted to NYSEFC.

Supervisor Hynes reported the Hinkley purchase for the Grand Gorge/Roxbury Water Project  is still being worked on.

A letter was received from Phil Hulbert suggesting the Town Board consider having a bucket available at the Transfer Station for depositing used household batteries to be taken to the County Solid Waste Management Facility. The Town Board thought it to be a good idea.

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

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

Councilman Hinkley stated there has been no agreement on a new highway contract yet. It is still under negotiations as the Personnel Committee is waiting to hear back from the Highway Dept.
On motion of Allen Hinkley second by Carol Murray the meeting adjourned at 8:45 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