UNAPPROVED MINUTES July 9, 2018

Please note the June Minutes were approved at the July meeting.

UNAPPROVED MINUTES

July 9, 2018

The regular meeting of the Town Board was held July 9, 2018 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Edward Raeder, Carol Murray and Kenneth Davie, Parks Clerk Carolynn Faraci, Building Inspector Tomi Tompkins, Attorney Allyson Phillips and five residents. Absent: Councilman Allen Hinkley (on vacation) and Highway Supt. Neil German.

On motion of Carol Murray second by Edward Raeder the Town Board approved the Minutes of the June 11, 2018 meeting.
AYES-4 Murray, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley

Attorney Allyson Phillips discussed the technical bulletin for changes to the building codes proposed to be more specific with a 30 day time period when an Order to Remedy is served on a homeowner. Building Inspector Tomi Tompkins stated all the other Towns he has also gives the 30 day period, and, as long as he sees progress being made on the situation, he works with the courts to grant extensions of time. Councilman Davie still feels 30 days is too short of a period for homeowners.

Councilman Davie also expressed concerns with the long process of getting applications approved through the Historic Preservation Commission (RHPC) having heard from a resident. Carolynn Faraci, who works with the RHPC, says that she is not in receipt of any open applications.

Margaret Ellsworth gave the following report:
Growers Kitchen- the awarded bid is expected to be amended at the next meeting after having spoken with the architect regarding some of the alternatives
River Cottage Grant-she requested being able to submit one planning grant for the River Cottage and Kirkside Adult Home since they are both on the same property.

RESOLUTION #55-RESOLUTION BY THE TOWN BOARD OF ROXBURY APPROVING AND ENDORSING MARK 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 Kenneth Davie second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury desires to apply for up to $70,000 in financial assistance through the 2018 Consolidated Funding Application (CFA) under the NYS Department of State Local Waterfront Revitalization Program; and
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 and a feasibility study for the former Kirkside Retirement Home to be transformed into a hospitality and entrepreneurial training site. Kirkside is also located adjacent to Kirkside Park on the East branch of the Delaware River; and
WHEREAS, the proposed funding will contribute to ongoing community and waterfront revitalization efforts;
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 on behalf of the Town of Roxbury by the MARK Project Inc.”
Passed by the following vote of all Town Board Members voting in favor thereof:
Affirmative Town Board Members:
AYES-4 Davie, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley

Parks Clerk Carolynn Faraci reported the pavilion floors have been repainted, the two summer youth programs have begun with a total of 5 kids and another fishing derby has been scheduled for May 18, 2019.

The Town Board congratulated Rita Karpoich and Lucci Kelly for all their work on the 2018 Roxbury Summer Celebration that was a huge success.

Attorney Phillips stated having researched making Car Show 4 A Cause a holiday. Unfortunately, holidays can only be recognized under certain conditions, which do not apply for this, but discussed doing a proclamation instead.

RESOLUTION #56- RESOLUTION PROCLAIMING JULY 21, 2018 “CAR SHOW 4 A CAUSE DAY” IN THE TOWN OF ROXBURY
On motion of Carol Murray second by Kenneth Davie the following resolution was offered and adopted:
“WHEREAS, Car Show 4 A Cause is a non-profit group of volunteers that hosts an annual car show in the Town of Roxbury (“Town”); and
WHEREAS, the annual car show provides an opportunity for the Town’s residents and visitors to display the hard work and dedication they have devoted to their collectable automobiles and other motorized vehicles while raising money for residents who have been struggling with a medical condition; and
WHERAS, the 2018 Car Show 4 A Cause even is scheduled to take place in Historic Kirkside Park on July 21, 2018; and
WHEREAS, the Town Board wishes to demonstrate its support for the 2018 Car Show 4 A Cause event, recognize the hard work and dedication of the event organizers, sponsors, and participants, and encourage the public’s attendance by designating July 21st as “Car Show 4 A Cause Day” in the Town of Roxbury.
NOW THEREFORE, BE IT RESOLVED, by order of the Town Board of the Town of Roxbury, that Saturday, July 21, 2018 is hereby proclaimed “Car Show 4 A Cause Day” in the Town of Roxbury.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Murray, Davie, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley

No Highway Report was received.

A large water leak was found behind the Army/Navy Store in Grand Gorge and has been repaired.

A written report from Michael Harrington of Lamont Engineers regarding status of the Denver and Grand Gorge/Roxbury Water Projects was distributed to the Town Board.

Attorney Phillips discussed the Hinkley property acquisition agreement pertaining to the Grand Gorge/Roxbury Water Project. A down payment will have to be made and surveys of the property will be required for the necessary subdivision. The owner has already signed.

RESOLUTION #57- RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY
AUTHORIZING EXECUTION OF PROPETY PURCHASE AGREEMENT FOR THE ROXBURY/GRAND GORGE WATER DISTRICT PROJECT
On motion of Edward Raeder second by Kenneth Davie the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (the “Town Board”) has determined the necessity of a project named Roxbury/Grand Gorge Water District Water System Improvements Project relating to the increase and improvement of the distribution facilities of the Town’s Roxbury Water District and Grand Gorge Water District (the “Project”); and
WHEREAS, the Town Board, through its engineer, has conducted extensive investigation, planning and some design for the Project including the development of a water supply well and related appurtenances; and
WHEREAS, in order to proceed with the planning and permitting for this Project, the Town must select and acquire a location for the proposed water supply well; and
WHEREAS, the selected location for a water supply well and related appurtenances must meet certain specified criteria regarding size, location, yield, environmental, and availability; and
WHEREAS, the engineer retained by the Town Board has identified two areas of 13.7 acres and 0.96 acres, being a portion of the parcel identified as Tax Parcel No. 157.-1-25.4, (hereinafter, the “Property”) that meets the above specified criteria and could serve as the location for the proposed water supply well; and
WHEREAS, an agreement for the purchase of the Property for its fair market value has been negotiated and approved by the Town Attorney; and
WHEREAS, it is in the interest of the Town to proceed with this Project.
NOW, THEREFORE BE IT RESOLVED THAT: The Town Supervisor is authorized to execute, on behalf of the Town, the Purchase Agreement appended hereto, which has been reviewed and approved by the Town Attorney.
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Raeder, Davie, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley

Attorney Phillips stated she has received verbal clarification that all violations found by NYS Dept. of Labor (NYSDOL) regarding the Workplace Violence Prevention Plan have been successfully abated and nothing more is required from the Town. A letter from NYSDOL should be forthcoming.

A letter of resignation has been received from Austin Roe, School Crossing Guard effective 6/15/18.

RESOLUTION #58-ROE RESIGNS AS SCHOOL CROSSING GUARD
On motion of Kenneth Davie second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board regretfully accepts the resignation of Austin Roe as School Crossing Guard effective 6/15/18”
AYES-4 Davie, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley

A letter was received from Donald Ferguson of Becker Ave. in Grand Gorge expressing concerns with speeding cars and requested the road be made a one way street. The matter was discussed by the Town Board whereby Supervisor Hynes has already contacted Delaware County DPW and State DOT regarding the issue. The matter was tabled until hearing back from those agencies.

On motion of Carol Murray second by Edward Raeder the Town Board approved the Town Clerk’s monthly report for June, 2018 in the amount of $2,304.25 (Town Clerk $594.25 and Building Permits $1,710.00)
AYES-4 Murray, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley

On motion of Edward Raeder second by Carol Murray the Town Board approved the Supervisor’s monthly report for May 2018.
AYES-4 Raeder, Murray, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley

On motion of Kenneth Davie second by Carol Murray the Town Board approved the Assessor’s monthly report for June 2018.
AYES-4 Davie, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley

On motion of Edward Raeder second by Carol Murray the Town Board approved the Building Inspector’s Report for June 2018.
AYES-4 Raeder, Murray, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley

On motion of Carol Murray second by Kenneth Davie the Town Board approved the Water District Monthly Reports for June 2018 with the following amounts being receipted: Denver $68.20; Grand Gorge $33.25 and Roxbury $315.52.
AYES-4 Murray, Davie, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley

On motion of Edward Raeder second by Carol Murray the Town Board approved the Justice Court monthly report for May 2018 in the amount of $2,747.00.
AYES-4 Raeder, Murray, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley

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

RESOLUTION #59- RESOLUTION FOR PUBLIC HEARING ON THE ADOPTION OF A LOCAL LAW AMENDING LOCAL LAW NO. 1 OF 2007 PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NYS UNIFORM FIRE PREVENTION AND BUILDING CODE
On motion of Kenneth Davie second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury, New York (the “Town”), has adopted Local Law No. 1 of 2017 providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Town; and
WHEREAS, the Town Attorney has reviewed Local Law No. 1 of 2017 and has determined that certain amendments should be made to make the law consistent with current NYS regulations; and
WHEREAS, specifically, the local law would amend provisions related to Compliance Orders to require a fixed thirty (30) day time-period to remedy violations described in the Compliance Order. Additional miscellaneous revisions are also proposed.
NOW, THEREFORE, BE IT RESOLVED, that said Town Board shall meet at the Grand Gorge Civic Center, 60933 State Highway 30, Grand Gorge, New York, on August 13, 2018, at 7:15 P.M., to hear all persons interested in the matter of the adoption of the local law, and
BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to publish notice of said hearing in the Catskill Mountain News, the official newspaper of the Town, and to post copies of such notice in the manner provided by law.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Davie, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley

RESOLUTION #60-ADVERTISE FOR SCHOOL CROSSING GUARD
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Clerk is authorized to advertise for the position of School Crossing Guard whereby applicants must be at least 16 years of age.”
AYES-4 Murray, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley

RESOLUTION #61-REPORT OF GOOD NEIGHBOR FUNDS
On motion of Kenneth Davie 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 for the period 7/1/17-6/30/18 that reflects a balance of $208,197.00.”
AYES-4 Davie, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley

A letter was also received from NYCDEP regarding Good Neighbor Funds. They feel the Town has already spent the original amount of $443,000 and only still shows a balance due to reimbursing the fund with grant monies when received for the projects. Therefore, the balance of funds are Town funds that we no longer have to request use of by NYCDEP and they will not require any further annual report be sent in the future. Discussion took place on how to use the funds, to place it in a specific reserve fund or other. The matter was tabled until the bookkeeper can check with the CPA’s on proper uses.

RESOLUTION #62-2017 FINAL BUDGET TRANSFERS
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board approves the following final budget transfers for the year 2017:

AYES-4 Murray, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley

Discussion took place on a balance of CDBG funds still being held by then project administrator Western Catskills Community Revitalization Corp. (WCCRC) in the amount of $3,823 recaptured due to the owner selling the house while under the lien period. The funds can be used for another eligible CDBG project for another eligible homeowner. The matter was tabled until hearing back from the MARK Project, Inc. on an eligible homeowner and project.

On motion of Edward Raeder second by Kenneth Davie the Town Board authorizes a letter of support for BOCES applications to NYSEG and NYS Dept. of Transportation (NYSDOT) for hanging a banner over State Hwy. 23 in Grand Gorge celebrating their 50th Anniversary.
AYES-4 Raeder, Davie, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley

RESOLUTION #63-RE-HIRE THORINGTON TO HIGHWAY
On motion of Kenneth Davie second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board re-hires David Thorington as HEO on the Highway Dept. on a part-time basis as needed throughout the year retroactive to June 18, 2018 at a rate of $20.97/hr.”
AYES-4 Davie, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley

RESOLUTION #64-AMEND S. HASKIN HIRE DATE
On motion of Kenneth Davie second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, per the Town Highway Supt., the Town Board amends the hire date of Scott Haskin to be July 3, 2018.”
AYES-4 Davie, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley

Discussion took place on proposed rental rates for the park pavilion and soon to be kitchen for the year 2019 that were distributed to the Town Board. Concerns were expressed the kitchen rates were too low but a final rate will be determined after the kitchen has been completed and operation costs figured.

RESOLUTION #65-PARK & KITCHEN RENTAL RATES 2019
On motion of Carol Murray second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, the Town Board approves the following rental rates for the Park Pavilion and kitchen to be effective 1/1/19; and
BE IT FURTHER RESOLVED, the Town Board reserves the right to change the kitchen rates as needed once the kitchen is built and l events already booked for 2019 with a signed contract will remain at current year pricing.”

AYES-4 Murray, Davie, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley

The Annual Audit has been completed by the CPA’s for the year 2017, has been distributed to the Town Board, has been filed with the State and a copy is available for inspection at the Town Clerk’s Office.

The 2018 Final Roll has been completed and a copy is on file at the Town Clerk’s office.

No action was taken on the ZS Security quote for additional cameras at Kirkside Park

The open building permit list was distributed to the Town Board.

The August 13th Town Board meeting will be held at the Grand Gorge Civic Center.

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

 

AYES-4 Davie, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley

The Parks Clerk stated having received no response or payment from only one family for the broken windows at the Kirkside Park dollhouse. Attorney Phillips will re-send the letter.

On motion of Carol Murray second by Kenneth Davie the meeting adjourned at 8:45 pm.

THIS IS A TRUE COPY

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