Unapproved March 12th, 2018 Meeting Minutes

UNAPPROVED MINUTES

 

March 12, 2018

 

The regular meeting of the Town Board was held March 12, 2018 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Edward Raeder, Allen Hinkley, Carol Murray and Kenneth Davie, Highway Supt. Neil German, Assessor Clerk Stephanie Seminara and five residents. Absent: Parks Clerk Carolynn Faraci and Town Attorney Kevin Young.

The Minutes of the February 12, 2018 meeting were approved on motion of Carol Murray second by Edward Raeder.
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0

Highway Supt. Neil German reported he has received a quote on a new 2019 Western Star truck with dump body, wing & side wing in the amount of $245,000 that is under a National NJPA bid so it would not have to be a formal bid by the Town. He also stated he has three trucks down with transmission problems. The Town Board discussed the new truck and directed the Hwy. Supt. to check with the vendor to see whether they would allow us to order the truck now and invoice us after 2019 so it can be placed in the 2019 Town Budget.

Michael Harrington of Lamont Engineers distributed a list of items to the Town Board regarding status of the Water Projects.
Denver Water Project
*Per the meeting with Roxbury Run Village Assoc. the quote from Subsurface Utility Imaging (SUI) for completing a utility location map was too high. Instead, an aerial mapping quote has been received from Land Mapping in the amount of $10,000 where a $2,000 payment would be needed for the flight. Assessor Clerk Stephanie Seminara suggested using RPS pictometry that the Assessor Office uses but there are certain criteria that has to be met to be acceptable.
* Replacement transformers for Well#1 and #6 are expected to be completed in the spring

RESOLUTION#25- DENVER WATER PROJECT AERIAL MAPPING
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Denver Water Project requires aerial mapping of utility locations; and
WHEREAS, Lamont Engineering, PC has received a quotation from Land & Mapping in the amount of $10,000 to complete the aerial utility mapping; and
WHEREAS, Land & Mapping would require $2,000 for the flight to begin the work;
NOW, THEREFORE BE IT RESOLVED, the Town Board authorizes Land and Mapping to conduct the aerial utility mapping required for the Denver Water Project at a cost of $10,000; and
BE IT FURTHER RESOLVED, the Town Board approves immediate payment of $2,000 for the flight.”
AYES-5 Hinkley, Raeder, Murray, Davie, Hynes
NAYS-0

Roxbury/Grand Gorge Water Project
*Installation of monitoring well MW-5 for the new PW-3 on the Hinkley property has been completed. Slug testing was performed and is being analyzed.
*A report has been submitted to NYS Dept. of Health (NYSDOH) for the Springs Filtration
*A proposal was received from Titan in the amount of $4,800 to assemble the springs filter system. Discussion took place on Titan also supplying the filters and an additional cost of approximately $3,000. Harrington also discussed the risks of approving this work.
*Micro Particulate Analysis testing of the springs is also required by NYSDOH at a cost of $2,500 for two samples. The Town Board directed Lamont Engineering to proceed on this step.
*Discussion on Ag District designation required by NYS EFC.

RESOLUTION #26-RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY
APPROVING EXECUTION OF A CONTRACT WITH TITAN DRILLING CORP.
FOR WORK TO BE PERFORMED AT THE ROXBURY SPRINGS FILTRATION PROJECT

On motion of Kenneth Davie second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (the “Town Board”) has determined the necessity of entering into a contract with Titan Drilling Corp. to provide labor and materials to construct the demonstration filter system in accordance with Lamont Engineering drawings dated March 2, 2018,; and
WHEREAS, at a meeting of said Town Board on March 12, 2018, the Town reviewed the Titan Drilling Corp. proposal attached hereto; and
WHEREAS, the Town Board now desires to approve and execute the attached Contract; and
NOW, THEREFORE BE IT RESOLVED THAT:
1.The form and content of the Contract attached hereto is hereby approved.
2.The Town Supervisor is hereby authorized to execute the attached Contract for the services described therein.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0

The Town Board received a written monthly report from Assessor Robert Breglio. Assessor Clerk Stephanie Seminara added that exemptions have been received and entered and the County mainframe issue has been resolved and all lost data has been re-entered for the 2018 Tentative Roll.

Stacy Capaldo of Cronk Lane was present to discuss her concerns with neighbor Willard Palmer who addressed the Town Board in February regarding the loud music issue. Mrs. Capaldo reported being harassed by the Palmer’s, expressed concerns with the closeness of the Palmer’s new mobile home to her house because the new trailer was not put in the same location as the old trailer and the closeness of the new fence to the property line thereby requesting what the set back requirements are, reported having visits from law enforcement due to noise complaints received, claimed Mr. Palmer had started a petition to have them move and expressed concerns with the previous Building Inspector’s practices on condemning the Merwin building where she had been previously living which caused him to be fired by the Town. The Town Board discussed the matters whereby they still feel it is a civil matter between neighbors. Supervisor Hynes added the previous Building Inspector was not let go due to his practices solely on the Merwin building.

Supervisor Hynes stated Parks Clerk Carolynn Faraci was absent due to illness and Attorney Kevin Young was absent due to having to attend a meeting in Conesville.

Joseph Resch of the Grand Gorge Business Association (GGBA) reported they have met and would like to help the Town and M-ARK Project Inc. with income surveys that are required for a grant submission for more funds to make needed repairs/upgrades to the Grand Gorge Civic Center and the possibility of the letter/survey coming from the GGBA in hopes of getting a better response. The Town Board was invited to attend their next meeting on April 3rd at 6:30 pm at the Civic Center to discuss strategies for the income surveys. Supervisor Hynes will speak with Margaret Ellsworth of the M-Ark Project regarding the criteria of the grant.

A letter was received from MTC Cable reporting on increases for Cable/Phone/Internet rates effective April 1, 2018.

A card was received from the Roxbury Senior Club thanking the Town Board for the $500 they received as budgeted in the 2018 Town Budget.

On motion of Carol Murray second by Edward Raeder the Town Board approved the Town Clerk’s monthly report for February 2018 in the amount of $645.01 (Town Clerk $145.01 and Building Permits $500.00)
AYES-5 Murray, Reader, Hinkley, Davie, Hynes
NAYS-0

The Supervisor’s monthly report for January 2018 was not available.

On motion of Allen Hinkley second by Kenneth Davie the Town Board approved the Assessor’s written monthly report for February 2018.
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the Building Inspector’s written monthly report for February 2018.
AYES-5 Raeder, Hinkley, Murray, Davie, Hynes
NAYS-0

On motion of Carol Murray second by Allen Hinkley the Town Board approved the Water District monthly reports for February 2018 in the following amounts of receipt: Denver $559.68; Grand Gorge $597.59 and Roxbury $1,214.40.
AYES-5 Murray, Hinkley, Raeder, Davie, Hynes
NAYS-0

On motion of Kenneth Davie second by Edward Raeder the Town Board approved the Justice Court monthly report for January 2018 in the amount of $4,350.
AYES-5 Davie, Raeder, Hinkley, Murray, Hynes
NAYS-0

On motion of Allen Hinkley second by Carol Murray the Town Board approved the Tax Collector’s report for February 2018.
AYES-5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS-0

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

Sealed Bids for Highway Fuels were advertised and opened on March 9, 2018 at 2:00 pm at the Town Hall. A total of two bids were received and were as follows per gallon:

RESOLUTION #27-AWARD HIGHWAY FUEL BID
On motion of Kenneth Davie second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board awards the Highway Fuel bid as follows: Diesel and Winter Blend to Mirabito Energy at fixed prices of $2.1817/gallon and $2.2897/gallon respectively.”
AYES-5 Davie, Murray, Raeder, Hinkley, Hynes
NAYS-0

Sealed bids for Highway Material Hauling were advertised and opened on March 9, 2018 at 2:15 pm at the Town Hall. A total of six bids were received and were as follows on a per ton basis:

 

RESOLUTION #28-AWARD HIGHWAY MATERIAL HAULING BID
On motion of Kenneth Davie second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board awards the Highway Material Hauling bid to the two lowest bidders for each material as follows:

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

RESOLUTION #29-RENEW JUNKYARD LICENSE
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the Town Clerk has received a Junkyard License renewal application and fee from Martin Hagerott, dba Marty Built, Inc. located at 565 Charcoal Rd.;
BE IT RESOLVED, the Town Board approves the renewal of a Junkyard License for Martin Hagerott, dba Marty Built Inc. which shall expire March 31, 2019.”
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0

RESOLUTION #30-DESTRUCTION APPROVAL TAX COLLECTOR RECORDS
On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board authorizes the destruction of the following Tax Collector records pursuant to MU-1 Records Retention & Destruction Schedules:

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

Per prior meeting discussion regarding open building permits, a draft letter was received from the Town Attorney to send to open building permit owners that did not respond to notices mailed in 2017. The draft letter includes harsher verbiage requiring a response within 30 days of the date of the letter or formal enforcement action will be taken.

On motion of Allen Hinkley second by Carol Murray the Town Board approved the Building Inspector to mail agreed upon letters to open building permit owners who did not respond to notice sent in 2017.
AYES-5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS-0

Discussion took place on fees to be charged to Denver, Grand Gorge and Roxbury Water District customers who require the water meter to be replaced due to neglect by the owner thus causing damage to the meter.

RESOLUTION #30-WATER METER REPLACEMENT CHARGES
On motion of Allen Hinkley second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, per water district Water Use Laws, the Town Board approves the following charges to water customers in the Denver, Grand Gorge and Roxbury Water Districts who allow damage to occur to their water meters due to neglect, requiring the meter to be replaced, the fees shall be as follows for cost of the meter and labor for LVDV Operations (Water Operators): Denver $187.00 and Grand Gorge/Roxbury $257.00.”
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0

The Mountainside property issue was tabled until the Town Attorney is present to discuss the matter with the Town Board.

No action was taken on the quote from ZS Security for additional cameras in Kirkside Park. Per notes from Parks Clerk Carolynn Faraci, she had emailed the company to contact Supervisor Hynes to discuss the matter and he has yet to hear from the company.

A letter has been received from Cheryl Hinkley that she has resigned from cleaning the Town Hall effective Feb. 14, 2018. She will continue to clean the Civic Center and a new cleaning person will be sought for the Town Hall.

RESOLUTION #31-HINKLEY RESIGNS TOWN HALL CLEANING
On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board regretfully accepts the resignation of Cheryl Hinkley as cleaning person for the Town Hall effective Feb. 14, 2018.”
AYES-5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS-0

The Town’s Annual Financial Report for the year 2017 has been filed with the State Comptroller and a copy is available for inspection at the Town Clerk’s Office.

The 2017 Roxbury Sewer Reconciliation has been approved by NYCDEP.

A copy of the open building permit list through 2/28/18 was distributed to the Town Board.

The Town Clerk/Records Management Officer submitted a memo to the Town Board notifying them that she had requested, but has not received any 2017 tax collection records from the Tax Collector of that year and also gave them a copy of the bank statement of 2/28/18 showing a balance on hand. No discussion or action taken by the Town Board.

No action was taken on possible building code changes until the Town Attorney reviews the information.

Per the request of Transfer Station Manager, David Dumond, an application has been received from Anthony Geller to be an extra fill-in at the Transfer Station. No decision was made by the Town Board who will look into the matter further with the Transfer Station personnel.

An email was received from Martin Menne requesting adjustment of fees on his water account due to having to let his water run to prevent freezing of his water line under State Hwy 30.

RESOLUTION#32-MENNE WATER CREDIT
On motion of Allen Hinkley second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, the Water Clerk was directed to credit water account #155 Martin Menne $7.64 for the February 2018 water charge of $21.35 for 12,200 gallons of usage to $13.71 by averaging the usages for Jan, Feb and Mar 2018.”
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0

A written request was received from Fred Morse requesting the possibility of water and sewer connection to a parcel he owns on Hillcrest Drive.

RESOLUTION #33- RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ROXBURY AUTHORIZING THE SEWER AND WATER CONNECTION APPLICATIONS OF FRED MORSE AND CAROL WILSON FOR PROPERTY LOCATED ON HILLCREST DRIVE
TAX MAP #179.-1-7.211
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board has received a written request for availability of connection to the Roxbury Sewer system for a vacant parcel of land identified as Tax Map No. 179.-1-7.211; and
WHEREAS, the Town of Roxbury adopted its existing “Sewer use Law” (“SUL”) as amended on November 9, 2009; and
WHEREAS, Article 13 of the Town of Roxbury’s SUL addresses the Town’s requirements with regard to new sewer connections; and
WHEREAS, the Town Board requires the requisite $100.00 application fee for a sewer connection from the owners of property (“the applicants”); and
WHEREAS, applicants will be required to remit charges to the Town for the sewer connection that include a Special Benefit Assessment of $2,000.00 for the proposed two bedroom apartment pursuant to Section 1302(1)(b)(ii) of the SUL and an additional $526.00 for the proposed yoga studio pursuant to Section 1302(1)(c)(ii) of the SUL; and
WHEREAS, the Town of Roxbury will arrange for the installation of the necessary street lateral, if necessary; and
WHEREAS, the applicants will be responsible for all costs in connection with the Town’s installation of such street lateral; and
WHEREAS, the Town Board has received a written request for availability of connection to the Roxbury Water system for a vacant parcel of land identified as Tax Map No. 179.-1-7.211; and
WHEREAS, the Town of Roxbury adopted its existing Water Supply Law (“WSL”) on May 13, 2013; and
WHEREAS, pursuant to Section 26 of the WSL, applicants/owners are required to have and maintain a water meter approved by the Roxbury Water District; and
WHEREAS, pursuant to Section 26, Table 1, the property owner will be responsible for the timely payment of calculated water rents; and
WHEREAS, the Roxbury Water District will supply the curb box; and
WHEREAS, the property owners will be responsible for all costs to install the curb box and attached water lateral from the water main to and in the building;
THEREFORE, NOW BE IT RESOLVED THAT:
1. The Town Board of the Town of Roxbury has evaluated the request for sewer connection and has considered the “Criteria Non-Household Connection” set forth in Section 1301C of the SUL and hereby approves connection availability for Tax Map No. 179.-1-7.211 provided the building is partially within the sewer district; the Town Board has the sole authority to grant a connection, and provided all proper applications and fees are submitted by the owners; and
2. The Town Board requires that the Town of Roxbury arrange for and oversee the installation of the sewer street lateral and that all costs associated with this installation shall be the responsibility of the Applicants; and
3. The Town Board of the Town of Roxbury has evaluated the request for water supply connection and hereby approves the availability of Roxbury Water connection for Tax Map No. 179.-1-7.211, provided a Water Connection Agreement is received from the owner; and
4. The Roxbury Water District requires the installation and maintenance of a water
meter and curb box by the owners, whereby the Water District will supply the water meter and curb box but the installation costs are to be at the expense of the owner; and
5. All other costs for the installation of the water lateral from the water main to and
into the building shall be at the expense of the owner.

WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Hinkley, Raeder, Murray, Davie, Hynes
NAYS-0

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

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

A reminder was given that the next monthly meeting will be April 9, 2018 at 7:30 pm at the Grand Gorge Civic Center.

On motion of Edward Raeder second by Kenneth Davie the meeting adjourned at 9:20 pm.

THIS IS A TRUE COPY

_____________________________
Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman
Kenneth Davie, Councilman