Unapproved Minutes for June, 2018

Please note the May minutes were approved at the June meeting.

UNAPPROVED MINUTES

June 11, 2018

The regular meeting of the Town Board was held June 11, 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, Dpty. Hwy. Supt. William Sprague, Assessor Robert Breglio, Assessor Clerk Stephanie Seminara, Parks Clerk Carolynn Faraci, Attorney Allyson Phillips and seven residents. Absent: Neil German (medical leave).

The Minutes of the May 14, 2018 meeting were approved on motion of Allen Hinkley second by Carol Murray.
AYES-5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS-0

Rita Karpoich, one of the organizers of the Roxbury Summer Fest, updated the Town Board on status of the event to be held July 7th. Several vendors have registered, there will be a myriad of events for everyone and she requested the American flags used for holidays be displayed along State Hwy 30 that day. Supervisor Hynes will speak with Martin Finch of the local American Legion regarding the flags. Mrs. Karpoich was thanked for all her work on the event.

Margaret Ellsworth reported the following:
* Bids for Grower’s Kitchen at Kirkside Park – lengthy discussion took place on use of the kitchen specifically questioning if for a grower to process their products or for caterer’s/resident’s using the pavilion for events. All are options the Town Board must consider for the guidelines for use that will have to be developed.
*Grand Gorge Civic Center windows/doors grant application originally planned for a CDBG Funding application will now be through a different funding source because CDBG funds cannot be used for municipal occupied/used buildings and the justice court is housed there.
*Requested a resolution for support of Woodchuck Lodge’s grant application to NYS Office of Parks, Recreation & Historic Preservation
*Requested a resolution for grant application to NYS Dept. of State in planning for acquisition and revitalization of Kirkside Cottage.
*Attended the Roxbury Historic Preservation Commission meeting where Martin Lerner was approved to install solar panels on the roof of the Café. Ellsworth will look into solar panel installation funds for others.

Sealed bids for the Kirkside Park Grower’s Kitchen were opened on May 24, 2018 at 2:00 pm at the Town Hall. Only one bid was received and was as follows:

RESOLUTION #43-AWARD GROWER’S KITCHEN BID
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board accepts the bid of Beaverdam Builders for the Grower’s Kitchen at Kirkside Park in the amount of $148,574; and
BE IT FURTHER RESOLVED, the bid award is contingent upon further discussion between the architect and M-ARK Project, Inc. regarding some of the other options priced.”
AYES-5 Hinkley, Raeder, Murray, Davie, Hynes
NAYS-0

RESOLUTION#44-RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY APPROVING AND ENDORSING WOODCHUCK LODGE INC. IN ITS APPLICATION TO THE NYS OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION FOR A STRUCTURAL ANALYSIS TO BE PERFORMED ON THE BUILDING TO GUIDE US INTO THE FUTURE
On motion of Kenneth Davie second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury recognizes that Woodchuck Lodge is listed on the State and National Registers
of Historic Places and it the writing cabin of America’s best loved essayist and naturalist John Burroughs.
WHEREAS, The Town also recognizes that proposed funding will contribute to the long term sustainability of this historic treasure and further enhance community revitalization efforts; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Roxbury fully endorses the application to the 2018 NYS Office of Parks Recreation and Historic Preservation Program for assistance prepared and to be submitted by The Woodchuck Lodge Inc.”
Passed by the following vote of all Town Board Members voting in favor thereof:
AYES-5 Davie, Murray, Raeder, Hinkley, Hynes
NAYS-0

RESOLUTION #45-RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY APPROVING AND ENDORSING M-ARK PROJECT, INC. IN ITS APPLICATION FOR THE TOWN OF ROXBURY TO NYS DEPARTMENT OF STATE FOR FUNDING UNDER THE LOCAL WATERFRONT REVITALIZATION PROGRAM
On motion of Carol Murray second by Kenneth Davie the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury desires to apply for up to $50,000 in financial assistance through the 2018 Consolidated Funding Application (CFA) under the NYS Department of State Local Waterfront Revitalization Program
WHEREAS, the application proposes funding to assist the Town in the planning for acquisition and revitalization of Riverside Cottage located adjacent to Kirkside Park situated on the East Branch of the Delaware River
WHEREAS, the proposed funding will contribute to ongoing community and waterfront revitalization efforts; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Roxbury approves and endorses the 2018 NYS Department of State application for assistance prepared and to be submitted by The MARK Project Inc.”
Passed by the following vote of all Town Board Members voting in favor thereof:
AYES-5 Murray, Davie, Raeder, Hinkley, Hynes
NAYS-0

Parks Clerk, Carolynn Faraci reported the following:
*Fishing Derby went well with 6 children participating and 10 fish caught, thanks to all who helped, and participants requested doing it again next year
*Youth Program this year allows for three kids who will work in the park and two will be shared with Roxbury Arts Group. Workers are to be paid by the County.
*Flower barrel watering is now much easier due to having rigged up a pumping system.
*Workplace Violence Prevention Training can be given in-house by the Town of Roxbury

Mrs. Faraci has also been approached by a few people who were upset because they were told David Dumond, Transfer Station Manager was forced to work for no pay on Memorial Day. She clarified, per the Employee Handbook and Mr. Dumond’s contract, both Memorial Day and Christmas Day are paid time-off holidays that he is paid for, however, he chose to work Memorial Day.

Attorney Allyson Phillips reported she has completed the workplace risk assessments for Town buildings required by the Workplace Violence Prevention law. A draft has been given to the Supervisor and Employee Representative to review before sending to NYS Dept. of Labor.

Dpty. Highway Supt. William Sprague reported the new grader is here, crews will be doing stone/oil next week and the Hwy. Supt. may be back part-time next week. Councilman Hinkley requested the Town parking lot by Cassie’s Café be stoned/oiled.

A written monthly Assessor Report was given to the Town Board. Assessor Clerk Stephanie Seminara reported on some changes to exemptions for next year: 1) Enhanced STAR applicants will now be required to enroll in the Income Verification Program (IVP) and the State will notify eligible owners instead of the local Assessor’s office; 2) Senior Exemption owners will now have to enroll in the IVP Program and 3) currently, if someone was not approved for the STAR Exemption they could appeal to local Board of Assessment Review on Grievance Day but now they will have to appeal through the State.
Assessor Robert Breglio reported he is reviewing home sales over the last four years and is working with Office of Real Property Services (ORPS) to update the model values in anticipation of the next re-val. Mark Los will help with the commercial properties again.

Mike Harrington of Lamont Engineers distributed status sheet on the Water Projects:
DENVER WATER
*Site mapping should be done by June 22nd and a trial day will be scheduled once completed.
*Waiting for Blizzard Electric to make final connections to Well #1 & #6. Once completed Titan can do their work on the wells
*He has received 4 quotes for Electrical Engineering and will be reviewing them.

GG/ROXBURY
*PW3- the data logger has been installed in MW5 and will be removed June 14. It will measure how much the new well is affected by use of PW1. Test drilling bid docs have been sent to GeoLogic for input on technical requirements. The docs will be sent to the Town attorney and on to Dept. of Health (DOH) for approval. Still awaiting feedback from Mike Hinkley regarding the draft purchase agreement.
*Springs – The Micro Particulate Analysis (MPA) shows moderate risk therefore staying classified as under direct influence of groundwater. He will check with DOH to see is dry weather testing is still warranted. Attempts to repair the leaking pipe at the spring’s basin has failed and it is thought the cracked pipe extends to the outside of the basin. Discussion took place regarding the pilot filter system clogging frequently and what options there are to remedy the matter. Supervisor Hynes expressed concerns with the timeline needed for the filtering.
*Distribution System-per pumping logs, there appears to be leaks in both water districts. He has been directed by the Town Board to get prices on leak detection work. He will speak with Bob Townsend regarding the service lines to Midrox and Conte.
*Other-proposals have been received for the Property Survey, Wetlands Survey and Electrical Engineering. The short-term loan closing is scheduled for 6/21/18.

Joseph Resch stated the Grand Gorge Business Alliance will again be holding a Business Expo this year at the Civic Center and requested the Town Board sponsor them in an application for a permit to NYSEG and NYS Dept. of Transportation to allow them to hang a banner over the State roads in Grand Gorge advertising the event.

RESOLUTION #46-SPONSOR BANNER FOR GRAND GORGE BUSINESS EXPO
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board agrees to sponsor an application to NYSEG and NYS Dept. of Transportation (NYSDOT) to hang a banner over the State roads in Grand Gorge advertising the Business Expo whereby said permit will be under the Town’s insurances.”
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0

A draft local law revising the building law was distributed to the Town Board. Attorney Allyson Phillips discussed the change from “a reasonable amount of time’ to a “30 day time period” to come into compliance once a violation is issued. If more time is required to come into compliance, the Building Inspector will work with the owner through the courts. Lengthy discussion took place on the change, and therefore the Board has requested the Building Inspector to attend the July meeting to discuss and scheduling the Public Hearing for the Local Law was postponed until the July meeting.
On motion of Kenneth Davie second by Carol Murray the Town Board approved the Town Clerk’s monthly report for May 2018 in the amount of $2,418.25 (Town Clerk $593.25 and Building Permits $1,825.00)
AYES-5 Davie, Murray, Hinkley, Raeder, Hynes
NAYS-0

No Supervisor’s report for May 2018 due to just having received the bank statements.

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

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

On motion of Carol Murray second by Edward Raeder the Town Board approved the monthly Water Reports for May 2018 with receipts of the following: Denver $550.22; Grand Gorge $897.00 and Roxbury $547.10.
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0

On motion of Edward Raeder second by Carol Murray the Town Board approved the Justice Court monthly report for April 2018 in the amount of $2,580.00.
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0

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

RESOLUTION #47-FINAL BUDGET TRANSFERS 2017
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board approves the final Budget Transfers for the year 2017 per completion of the 2017 Annual Financial Report and the 2017 Annual Audit.”
AYES-5 Hinkley, Raeder, Murray, Davie, Hynes
NAYS-0

RESOLUTION #48-APPROVE LVDV OPERATIONS AGREEMENT FOR ROXBURY SEWER SERVICES
On motion of Kenneth Davie second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board Town of Roxbury approves the Operation & Maintenance Contract with LVDV Operations, Inc. for Roxbury Sewer Services for the following years and amounts:

BE IT FURTHER RESOLVED, the Town Supervisor is authorized to execute said contract.”
AYES-5 Davie, Hinkley, Raeder, Murray, Hynes
NAYS-0

RESOLUTION #49-RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ROXBURY AUTHORIZING THE TOWN SUPERVISOR TO EXECUTE A CONTRACT WITH THE CATSKILL WATERSHED CORPORATION (“CWC”) TO RECEIVE STORMWATER RETROFIT FUNDS FOR THE OPERATION AND MAINTENANCE OF STORMWATER RETROFIT MEASURES
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 previously entered in a contract with the CWC to implement a Stormwater Retrofit Project to address the flooding of basements and backyards of residents on the east side of Lake Street and to install piping from Lake Street outlets to the East Branch of the Delaware River to prevent overland stormwater from picking up pollutants and debris and reaching the river (the, “Lake Street Stormwater Retrofit Project”); and
WHEREAS, the Town purchased property located on Lake Street as part of the Lake Street Stormwater Retrofit Project with funding provided through a contract with CWC; and
WHEREAS, the CWC Board of Directors has recently approved Operation and Maintenance (“O&M”) funding for the Lake Street Stormwater Retrofit Project in an amount not to exceed $238,122.00; and
WHEREAS, CWC has prepared an agreement between the Town and CWC to provide the aforesaid O&M Funding for the Lake Street Stormwater Retrofit Project which has been reviewed and approved by the Town Attorney; and
WHEREAS, the Town Board desires to authorize the Supervisor to enter into the agreement with the CWC.
THEREFORE, NOW BE IT RESOLVED THAT:
The Town Board of the Town of Roxbury authorizes the Town Supervisor to execute the agreement with CWC for O&M funding for the Lake Street Stormwater Retrofit Project.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0

RESOLUTION #50-REVISED HIRE DATE FOR HASKIN
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, at the May 14, 2018 Town Board meeting, the Town Board hired Scott Haskin to the Highway Dept. effective May 29, 2018; and
WHEREAS, the Highway Supt. would like to revise the start date to be effective July 2, 2018;
THEREFORE BE IT RESOLVED, the Town Board amends the effective hire date of Scott Haskin as July 2, 2018 per the Highway Supt.”
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0

Discussion took place on payment of the new grader where it appears if we wait until next year to pay it off we will have to pay $9,200 in interest.

RESOLUTION #51-TRANSFER FUNDS FROM HIGHWAY EQUIPMENT RESRERVE TO HIGHWAY FUND FOR GRADER
On motion of Allen Hinkley second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, the Town Board approves that funds be transferred from Highway Equipment Reserve to Highway Fund in the amount of $217,175 to pay off the new Caterpillar Grader in 2018.”
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0

Discussion took place on the proposed Assembly/Senate bill regarding Electronic Death Registration System (EDRS). The NYS Town Clerk’s Association also opposes the bills.

RESOLUTION #52-OPPOSE PROPOSED ASSEMBLY/SENATE BILLS REGARDING ELECTRONIC DEATH REGISTRATION SYSTEM (EDRS)
On motion of Allen Hinkley second by Kenneth Davie the following resolution was offered and adopted:
“WHEREAS, a proposed bill has been introduced to the Assembly #A.9837-A and Senate #S.7630-A requiring NYS Dept. of Health (NYSDOH) to fully implement the Electronic Death Registration System (EDRS) for all Town Clerk/Registrars prior to January 1, 2019; and
WHEREAS, the bills would also impose a penalty on those municipalities who do not register for the EDRS through NYSDOH unless a waiver is applied for and approved by NYSDOH; and
WHEREAS, the Town of Roxbury agrees the EDRS should be implemented; and
WHEREAS, the Town of Roxbury has no control over the implementation of NYSDOH programs such as the EDRS; and
WHEREAS, NYSDOH has already authorized EDRS registration for only municipalities having a hospital or other eligible medical facility; and
WHEREAS, the Town of Roxbury has no hospital or eligible medical facility; and
WHEREAS, the Town of Roxbury has not been authorized by NYSDOH to register for EDRS;
BE IT RESOLVED, the Town Board, Town of Roxbury opposes proposed Assembly bill #A.9837-A and proposed Senate bill #S.7630-A regarding the implementation of NYSDOH EDRS due to the proposed bills allowing for penalties to be imposed on the Town for not registering with NYSDOH for the EDRS and the Town not having any control over NYSDOH implementation of the program and subsequent authorization from NYSDOH to register.”
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0

No action taken on additional cameras at Kirkside Park.

The Annual Water Quality Reports for Denver, Grand Gorge and Roxbury Water Districts have been mailed to all customers and required agencies. Copies of the reports are at the Town Clerk’s Office.

The list of open building permits was distributed to the Town Board.

The Building Inspector has issued Order to Remedy Violations to three residents in Grand Gorge.

A list of employees/elected officials attending the Workplace Violence Prevention Training was distributed to the Town Board. Eight employees/elected officials did not attend.

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

RESOLUTION #53-RESOLUTION TO ENTER INTO EXECUTIVE SESSION
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, motion made and seconded for the Town Board and Attorney to enter into Executive Session at 9:35 pm to discuss a personnel matter. Present were: Supervisor Hynes, Councilmen Raeder, Hinkley, Murray and Davie and Attorney Phillips.”
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0

RESOLUTION #54-RESOLUTION TO EXIT EXECUTIVE SESSION AND RETURN TO REGULAR MEETING
On motion of Carol Murray second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, motion made and seconded for the Town Board and Attorney to exit Executive Session and return to the regular meeting at 9:47 pm.”
AYES-5 Murray, Davie, Raeder, Hinkley, Hynes
NAYS-0

Supervisor Hynes stated no action was taken in Executive Session.

On motion of Edward Raeder second by Carol Murray the meeting adjourned at 9:48 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