August Unapproved Minutes

NOTE: The July minutes were approved at the August meeting

UNAPPROVED MINUTES

August 13, 2018

The regular meeting of the Roxbury Town Board and Public Hearing were held August 13, 2018 at 7:30 pm at the Grand Gorge Civic Center. Present were: Supervisor Thomas S. Hynes, Councilmen Edward Raeder, Carol Murray and Kenneth Davie, Parks Clerk Carolynn Faraci, Attorney Allyson Phillips and four residents. Absent: Councilman Allen Hinkley (illness) and Highway Supt. Neil German.

The Public hearing on proposed Local Law #1 of the year 2018 to amend the current building law was called to order at 7:15 pm. The notice calling for the hearing was read. Attorney Allyson Phillips explained the change whereby the Code Officer would give owners 30 days to rectify items stated in a Notice of Violation but would also work with owners if time extensions are needed. No comments were heard from residents in favor of or against the proposed law.
The Hearing closed at 7:21 pm.

The regular meeting was called to order at 7:30 pm. Assessor Clerk Stephanie Seminara and one more resident arrived.

The Minutes of the July 9, 2018 meeting were approved on motion of Edward Raeder second by Carol Murray.
AYES-4 Raeder, Murray, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley

Diane Munro introduced herself and submitted a letter to the Town Board requesting their nomination of her for the vacancy on the Olympic Regional Development Authority.

RESOLUTION #66-RESOLUTION NOMINATING DIANE MUNRO TO FILL THE OPEN SEAT DESIGNATED FOR DELAWARE COUNTY REPRESENTATION ON THE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY BOARD OF DIRECTORS
On motion of Kenneth Davie second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the position on the Board of Directors of the Olympic Regional Development Authority (ORDA) designated to be filled by a resident of Delaware County, NY as the representative of the entire County of Delaware and all its towns and residents is vacant; and
WHEREAS, Diane Munro was born and raised in Delaware County and is now a full-time resident of the Town of Roxbury; and
WHEREAS, Diane Munro has achieved advanced degrees in Education and Administration and has over 40 years of career and community service that includes leading, serving on, and answering to diverse Boards of Directors, including serving as the Vice-Chair of the Coalition for Belleayre and as a member of the Community Advisory Panel; and
WHEREAS, Diane Munro thoroughly meets all criteria to adequately and ably represent the economic and recreation interests of all residents in the Town of Roxbury and Delaware County;
BE IT RESOLVED the Town of Roxbury Town Board nominates Diane Munro for consideration by the Delaware County Board of Supervisors as the Delaware County representative to the Olympic Regional Development Authority Board of Directors; and
BE IT FURTHER RESOLVED that upon approval by the Board of Supervisors that the Chair of the County Board of Supervisors forward Diane Munro’s name to the Office of the Governor of New York in support of said appointment.”
AYES-4 Davie, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley

Joseph Resch reported advertising for the Business Expo is out and he has been busy getting sponsors.
Parks Clerk/Bookkeeper Carolynn Faraci reported the following:
Per the CPA’s the Good Neighbor Fund monies can be turned over to the General fund but must be kept in a separate cash account still named Good Neighbor Fund
In 2019 the NYS 45 and NYS 45ATT will have to be completed with all info quarterly instead of yearly
A trip is planned to Lyndhurst mansion on September 13th as they had been here last year touring the park & historical sites
The north barn area for the new kitchen has been cleaned out by the summer youth workers and is ready for construction
A willow tree branch fell across the stream in the park and has been cleaned up by highway crews
Park bookings into 2019 continue
The Tax cap for the 2019 budget is at 2%
The Summer Festival has been scheduled for July 6, 2019
The CDO Summer Youth workers were taken on a trip to Hanford Mills and were able to speak with other Delaware County youth workers about projects
One of our youth workers was injured today and appropriate paperwork will be completed.

Margaret Ellsworth was absent due to illness but submitted a written report for the Town Board:
*She would like to have the kitchen bid award amounts revised after having spoken with the architect and Beaverdam Builders and submitted a sheet showing those amounts requested including historic doors
*Consolidated Funding grant applications have been submitted for the River Cottage and Kirkside Planning money
*An application will be submitted to the O’Connor Foundation in September for the Civic Center windows

Assessor Clerk Stephanie Seminara submitted a written report to the Town Board and reported the Assessor’s office has been looking into sales between 2015 and 2018 and they are up and they are still negotiating on an Article 78 property to be settled where Attorney Allyson Phillips will speak with the other attorney at her office working on the case for the Town. She also thanked and acknowledged Supervisor Hynes for being the only Supervisor at the County Board of Supervisor’s meeting to stand behind the resolution passed by them earlier this year requiring all Assessor’s to enter their information on the live system instead of by an outside source that could be corrupted whereby corrupting all other Town’s information. Currently, the County Board of Supervisor’s is not enforcing the resolution.

Michael Harrington of Lamont Engineers submitted a written report on water project status:
DENVER WATER
*Utility Location Trial Day was done on Aug. 1 to Cluster 1 and was reasonably successful
*A quote to locate utilities at the remaining Clusters seemed excessive so will be revised
*Blizzard Electric has completed final electrical connections to Wells #1 & #6
Titan attempted to work on Well #1but ran into problems with the isolation valve that will have to be replaced. Well #6 pump is seized up and will need to be replaced. It’s too wet to do it now.
*A site visit with the electrical consultant will take place tomorrow
*EFC will modify the Project Finance Agreement to include the $600,000 water grant
*Lamont contracts will have to be amended so they can continue services
ROXBURY/GG WATER
PW-3
*Received verbal approval from DOH on the test production well bid documents and requested advertising for bids
*GeoLogic will be submitting and Aquifer Testing Plan to DRBC soon and reports limited responses to the residential well surveys mailed to owners
*Field work on the Wellfield Property Survey and Wetland Delineation have been completed
SPRINGS
*The recent heavy rains have clogged the filter system so will run to waste during future events
*New pilot filters are back on line and flows have increased. Samples will be collected and tested per DOH so hopefully they can be approved for use
*Potential discharge of filter backwash has been discussed with DEC and may involve DEP
OTHER
*Monthly water use has decreased significantly recently in both Roxbury & Grand Gorge
*Pay Request #1 funds have been received
*Contract amendments are needed for both GeoLogic and Lamont Engineers for continued work
*Continue to work with DEC to get a contract for the WQIP funds

RESOLUTION #67-ROXBURY/GRAND GORGE WATER PROJECT TEST PRODUCTION WELL ADVERTISEMENT FOR BID
On motion of Kenneth Davie second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Roxbury and Grand Gorge Water Districts have been approved for funding to undergo water system improvements; and
WHEREAS, part of those improvements require the construction of a test production well;
NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Roxbury authorizes Lamont Engineers, PC to prepare bid documents and advertise for the construction of a test production well for the Roxbury/Grand Gorge Systems Improvement Project.”
AYES-4 Davie, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley

No report was received from the Highway Supt.

Attorney Allyson Phillips discussed the proposed local law amending the building law. She also stated it would be a Type II Action under SEQRA and therefore exempt from review.

RESOLUTION #68- RESOLUTION TO AMEND LOCAL LAW NO. 1 OF 2007 PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NYS UNIFORM FIRE PREVENTION AND BUILDING CODE
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, New York (the “Town”), has introduced a local law to amend Local Law No. 1 of 2007 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;
WHEREAS, the proposed 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;
WHEREAS, the Town Board adopted a resolution on July 9, 2018 scheduling a public hearing on the Local Law for August 13, 2018;
WHEREAS, the public hearing was properly noticed in the Town’s official newspaper on July 18, 2018;
WHEREAS, the public hearing on the proposed Local Law was held on August 13, 2018 at the Grand Gorge Civic Center;
WHEREAS, the Town Board reviewed and considered all public comments received on the Local Law;
WHEREAS, the proposed Local Law was on file for inspection at the Town Clerk’s office prior to the hearing and during the public review process; and
WHEREAS, the adoption of the Local Law constitutes a Type II action that is exempt from review under the State Environmental Quality Review Act (ECL Article 8 and 6 NYCRR Part 617);
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF ROXBURY, DELAWARE COUNTY, NEW YORK: THAT THE Town Board of the Town of Roxbury hereby determines that Proposed Local Law No. 1 of 2018, attached hereto and made a part hereof, is hereby adopted as an amendment to Local Law No. 1 of 2007 Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code; and
IT IS FURTHER RESOLVED, that the Town Clerk and the Attorney for the Town are hereby directed to take such actions as are necessary to implement this resolution and effect adoption of the Local Law.”
AYES-4 Raeder, Davie, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley

A letter was received from James Addy regarding high water usage charged the second quarter of 2018. The water operators took another reading after receiving Mr. Addy’s call and the meter appears to be working correctly. Thoughts are an undetected sticking toilet led to the water use. Supervisor Hynes stated he would be calling the homeowner. No other action was taken by the Town Board.

A letter was received from MarieVanValkenburgh opposing the proposed new County Highway building. No action was taken by the Town Board.

The Town Board offered thanks to Richard Davis for repairing the dugouts at the Civic Center ball field.

On motion of Carol Murray second by Edward Raeder the Town Board approved the Town Clerk’s monthly report for July 2018 in the amount of $2,120.56 (Town Clerk $565.56 and Building Permits $1,555.00)
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 June 2018.
AYES-4 Raeder, Murray, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley

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

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

On motion of Kenneth Davie second by Carol Murray the Town Board approved the Water District Monthly reports for July 2018 with the following amounts receipted: Denver $3,068.10; Grand Gorge $3,735.15 and Roxbury $3,735.15)
AYES-4 Davie, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley

On motion of Carol Murray second by Edward Raeder the Town Board approved the Justice Court monthly report for June 2018 in the amount of $4,243.00.
AYES-4 Murray, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley

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

RESOLUTION #69-RESOLUTION BY THE TOWN BOARD IN RELATION TO CONTROL OF SNOW ON COUNTY HIGHWAYS SECTION 135-A OF THE HIGHWAY LAW
On motion of Kenneth Davie second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, that in pursuance of Section 135-a of the Highway Law, the Town Board of the Town of Roxbury hereby approves a certain agreement executed by the Town Superintendent of Highways of the Town of Roxbury with the County Superintendent of Highways of Delaware County for the performance by the Town of Roxbury for the work of control of snow on the County Roads within the boundaries of the County, upon the terms, rules and regulations as are contained in copy of such agreement that is annexed hereto and made a part hereof.”
AYES-4 Davie, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley

RESOLUTION #70-RESOLUTION BY THE TOWN BOARD IN RELATION TO CONTROL OF SNOW ON NEW YORK CITY ROADS
On motion of Edward Raeder second by Kenneth Davie the following resolution was offered and adopted:
RESOLVED, as authorized by agreement between New York City and the County of Delaware, and by Resolution No. 46 of 1991 of the Delaware County Board of Supervisors, the Town Board of the Town of Roxbury hereby approves a certain agreement executed by the Town Superintendent of Highways of Delaware County for the performance by the Town of Roxbury of the work of control of snow on the New York City Roads within the boundaries of the County, upon the terms, rules and regulations as are contained in copy of such agreement that is annexed hereto and made a part thereof.”
AYES-4 Raeder, Davie, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley

No applications have been received for the position of School Crossing Guard. The Town Clerk was directed to re-advertise for the position.

RESOLUTION #71-GOOD NEIGHBOR FUNDS
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, per a letter from NYCDEP dated June 26, 2018, they have determined they will no longer administer any remaining Good Neighbor Funds held by the Town of Roxbury;
NOW, THEREFORE BE IT RESOLVED, per recommendation from the Town’s CPA, the Town Board authorizes the Bookkeeper to transfer Good Neighbor fund balances from Capital Projects-Good Neighbor Fund account to General Fund-Good Neighbor Fund account with use being the same criteria as required by NYCDEP.”
AYES-4 Murray, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley

No action was taken on the recaptured CDBG funds. The Town Board is waiting to hear from the M-ARK Project on any eligible projects.

Supervisor Hynes stated having met with Kevin Morse of Kaatirondack Benefit Planning regarding health insurance plans and rates for 2018/2019. Mr. Morse recommends staying with Excellus BlueCross BlueShield. A rate sheet showing different options was distributed to the Town Board for review.

RESOLUTION #72-RENEW HEALTH INSURANCE PLAN
On motion of Kenneth Davie second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board approves renewal of the Excellus BlueCross BlueShield Simply Blue Plus Platinum 2 health plan effective 12/1/18 at the following monthly rates: Single $895.02; Sub & Spouse $1,790.04 and Family $2,550.81.”
AYES-4 Davie, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley

RESOLUTION #73-JUSTICE COURT AUDIT
On motion of Edward Raeder second by Carol Murray 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 2017 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-4 Raeder, Murray, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley

RESOLUTION #74-REVISED AWARD FOR KIRKSIDE PARK KITCHEN BID
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, on June 11, 2018 the Town Board awarded the bid for the Kirkside Park Kitchen to Beaverdam Builders in the amount of $148,574; and
WHEREAS, said award was contingent upon further discussion between the architect and M-ARK Project, Inc.;
NO BE IT RESOLVED, the Town Board revises the bid amount awarded to Beaverdam Builders in the amount of $150,059 as follows:

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

Supervisor Hynes stated still working with Delaware County on the request for Becker Ave. to be a One Way Street.

No action was taken on additional cameras at Kirkside Park.

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

A reminder was given that 2019 salaries and department budget sheets are to be to the Budget Officer by September 7th.

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

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

The Town Clerk reported there was another dog attack on a dog this weekend where the attack dog did not have any rabies vaccination or dog license.

Joseph Resch was informed by the Court Clerk that the Court is requesting emergency lighting and a new toilet in the restroom.

On motion of Kenneth Davie second by Carol Murray the meeting adjourned at 8:48 pm.

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