UNAPPROVED MINUTES September 10, 2018

NOTE-the August minutes were approved at that meeting.

UNAPPROVED MINUTES

September 10, 2018

The regular monthly meeting of the Town Board was held September 10, 2018 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Edward Raeder, Allen Hinkley and Kenneth Davie, Highway Supt. Neil German, Parks Clerk Carolynn Faraci, Attorney Kevin Young and 6 residents. Absent: Councilwoman Carol Murray (on vacation).

On motion of Edward Raeder second by Allen Hinkley the Minutes of the August 2018 meeting were approved.
AYES-4 Raeder, Hinkley, Davie, Hynes
NAYS-0
ABSENT-1 Murray

Glenn Schweizer of Brook Rd. submitted a letter to the Town Board and spoke about his concerns of much more traffic on their narrow, one lane private road due to a wedding venue above them. Noise, septic concerns, trespassing on their property and vandalism were added concerns and he requested the Town Board ban wedding venues based on these conditions. Attorney Young recommends the Town not get involved in private road matters, recommended the owners have their attorneys look into their deeds regarding any easements and offered to research the building codes with the building inspector to make sure the venue is in compliance with the codes. Amending the gathering law was also discussed, however, it would have to apply to all gatherings in the Town.

Highway Supt. Neil German reported the following items:
*Paving is done, crews are getting ready for winter, cleaning ditches and cutting brush.
*The Becker Ave. one way street issue was discussed. The County has been involved and it appears speed bumps may be installed to control speed on the road.
*There are highway personnel issues he would like addressed that would require changes to the Employee Handbook. Attorney Young will meet with the Personnel Committee to discuss the matter.

Margaret Ellsworth reported the following items:
*She discussed an invoice from Dadras Architect for additional work they did regarding the kitchen contract that went over the contract amount, and recommended payment of same because the additional costs were due to additional drawings needed. The total cost is still considerably under the other bids received. The Town Board decided to withhold payment of the bill until the M-ARK Project receives paperwork from the architect that is needed to request grant reimbursement for their last invoice in December.
*The ERPF Center has free slate sidewalk pieces. The Town will look into it for possible use in the park.
*Labor Day events in the park were a great success and well attended.

Supervisor Hynes will contact Western Catskills revitalization regarding the unused CDBG funds it is holding for the Town.

Parks Clerk/Bookkeeper Carolynn Faraci reported the following items:
*The Historic Preservation Commission requests the appointment of Christine O’Shaughnessy to fill the vacancy on the Historic Commission
*The summer youth work program is done for this year. 3 kids worked under the Youth Program and 3 kids worked under the CDO Workforce program at both the Park and Roxbury Arts Group.
*Reservation of fireworks for next year’s Labor Day event in the park will be made for Sunday
*2019 rentals of the pavilion are at 16 days to date
*Mrs. Faraci’s personal truck used for taking care of the flower boxes has been taken off the road so other provisions will have to be made for next year.
*The Comptroller has sent out a Special District survey. They had the Roxbury Sewer and Hubbell Corner Sewer Districts as separate Districts but a correction will be made to show they are both Roxbury Sewer District.

Karen Hinkley of Grand Gorge questioned why the flood study maps done on Grand Gorge were not accepted by the Board to change the FEMA Flood maps which now show her property in the flood zone. It was stated the study identified more properties that had never had water issues. Attorney Young discussed the FEMA map adoption process and stated the study was done to have a report/data on file for residents to use if they wanted to submit an application to FEMA for a map amendment on their own property and recommended they should have an engineer work with them on the application. Attorney Young added that CWC will also be doing a Hazard Mitigation Study in all hamlets if requested.

Michael Harrington of Lamont Engineers, PC submitted a written report and discussed the following on the Water Projects:
DENVER WATER
*Received a verbal amended proposal from ACS on the utility mapping and requested approving it. Roxbury Run Village is okay with having the work done. Since the engineer has not received anything in writing, the Town Board will wait on approval until they can review the proposal.
*Well #1 isolation valve has been repaired but the bacteriological sample failed so another sample must be taken. Well #6 work will begin when there are better ground conditions.
*Design work on Phase 2 controls should be ready for Dept. of Health submission in October.
*Paperwork continues to be received from EFC on Project Financing.
*An amended Engineer’s contract was distributed to the Town Board and requested it be approved to cover the current services being conducted by them. Once approved, the engineer will submit that and the MWBE plan to EFC for future reimbursement payments.

ROXBURY/GRAND GORGE
*The Engineer has reviewed the 2 bids received for the test production well construction and recommends award to Layne as low bidder.
*GeoLogic needs to authorize the monitoring wells and they report limited responses to the residential well surveys
*Wetland delineation work is complete and have been identified only right along the river so site plans should not be impacted
*They are waiting to receive the Wellfield Property Survey that will be needed for the subdivision plan.
*Limited success has been achieved in cleaning the spring cartridge filters rendering them disposable and will also require continuous turbidity monitoring.
*It is felt the filter system is operating adequately to collect samples for the Dept. of Health in hopes of
putting the springs back into use.
*The engineering and hydrogeologist contracts need amendment to cover services being conducted and reimbursement for same.
*The engineer and attorney will review the WQIP grant contract for signature.

Sealed bids for the Roxbury/Grand Gorge Water Project production well construction were opened on September 6, 2018 at 3:00 pm at the Town Hall. A total of two bids were received and were as follows:

RESOLUTION #75 -RESOLUTION AUTHORIZING THE TOWN BOARD OF THE TOWN OF ROXBURY AWARDING BID CONTRACT NO. 1 – PRODUCTION WELL CONSTRUCTION TO LAYNE CHRISTENSEN COMPANY
On motion of Allen Hinkley second by Kenneth Davie the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (the “Town Board”) determined the necessity of Roxbury and Grand Gorge Waster District Contract No. 1 –Production Well Construction; and
WHEREAS, on behalf of Roxbury and Grand Gorge Waster Districts the Town of Roxbury solicited competitive bids for the installation of the production well;
WHEREAS, two bids were received and Layne Christensen Company was the lowest bidder; and
WHEREAS, Lamont Engineers conducted due diligence to determine whether Layne Christensen Company’s bid was complete and whether Layne Christensen Company was responsible and qualified; and
WHEREAS, Lamont Engineers reported that Layne Christensen Company’s bid was complete and that Layne Christensen Company was responsible and qualified.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF ROXBURY, DELAWARE COUNTY, NEW YORK:
1. The Town Board awards Contract No. 1 – Production Well Construction to Layne Christensen Company; and
2. The Town Supervisor is hereby authorized to execute the documents necessary to facilitate the award of the contract.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Hinkley, Davie, Raeder, Hynes
NAYS-0
ABSENT-1 Murray

Harrington discussed the Delaware River Basin Commission (DRBC) application for review that is a necessary part of the Roxbury/GG Water Project.

Discussion took place on amending the GeoLogic agreement for work.

RESOLUTION #76- RESOLUTION OF THE TOWN BOARD FOR THE TOWN OF ROXBURY APPROVING GEOLOGIC NY, P.C. AMENDMENT NO. 2 TO THE GRAND GORGE-ROXBURY – WATER SYSTEM UPGRADE CONTRACT
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (“Town Board”) determined the need for hydrogeologic consulting services associated with the development of a new potable water supply well (PW – 3) for the Roxbury Water District and the Grand Gorge Water District; and
WHEREAS, the Town Board of the Town of Roxbury (“Town”) retained Geologic NY, P.C. to review, evaluate and summarize data to determine if the proposed site is suitable for further evaluation as a potential location for well PW-3; and
WHEREAS, the Town Board, the Lamont Engineers and the Town Attorney reviewed the Proposal entitled “New Potable Water Supply Well (Roxbury Water District and Grand Gorge Water District)” prepared by GeoLogic, NY, PC. dated June 8, 2017 (“Proposal”); and
WHEREAS, by Resolution dated June 12, 2017, the Town entered into an Agreement based upon the Proposal with Geologic NY PC. dated June 19, 2017 (“Agreement”);
WHEREAS, by Resolution dated November 9, 2017, the Town and Geologic NY PC executed an Amendment to the Agreement; and
WHEREAS, by letter dated September 10, 2018, GeoLogic NY, P.C. proposed an amendment to the contract to include the following additional services: installation of additional monitoring wells ($23,927); management and administration of installation of PW – 3 ($43,770) and to include tasks that were not part of the original contract that had been completed as of September, 2018 ($15,979.32). In addition, GeoLogic NY, P.C. sought to modify the schedule of rates to include its 2018 Schedule of Rates;
WHEREAS, the Town Board has reviewed GeoLogic NY, P.C.’s Amendment 2, evaluated and confirmed the necessity for the additional hydrogeologic services, compared the two rate schedules; evaluated alternatives including soliciting new hydrogeologic proposals; and confirmed that based upon GeoLogic NY, P.C.’s history and experience with this well field and existing water supply wells and the past success of a very similar project at this well field that it was in the overall best interest of the two water districts to approve of Amendment 2; and
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF ROXBURY, DELAWARE COUNTY, NEW YORK:
The Town Board hereby authorizes Amendment No. 2 as stated in GeoLogic NY, P.C.’s letter dated September 10, 2018 for the New Potable Water Supply Well; and
The Town Board authorizes the Town Supervisor to execute Amendment No. 2 to Agreement.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Hinkley, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Murray
Discussion took place on amending the Engineering agreements for Denver, Grand Gorge and Roxbury Water Projects.
RESOLUTION #77- RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ROXBURY AUTHORIZING A CONTRACT AMENDMENT FOR THE DENVER WATER DISTRICT PROJECT AND AUTHORIZING THE TOWN SUPERVISOR TO EXECUTE CONTRACT AMENDMENT
On motion of Allen Hinkley second by Edward Raeder 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 improvement to the distribution/supply facilities of the Denver Water District (the “Denver Water District Project”); and
WHEREAS, by resolution dated April 10, 2017, the Town of Roxbury’s Denver Water District (“DWD”) and Lamont Engineers (“Lamont”) entered into a Final Design and Construction Phase Service Contract (the “Contract”) for the Denver Water District Project; and
WHEREAS, by resolution dated July 20, 2017, the DWD and Lamont executed Amendment No. 1 to the Contract; and
WHEREAS, Lamont Engineers by letter dated September 10, 2018 has requested an amendment (“Amendment No. 2”) to authorized funding in the additional amount of $75,000 for the next phase of engineering services which will include: final design and bidding phase services related to well field access road; final design and bidding phase services related to Phase 2 controls, and piping and valve replacement, and pump house building improvements; developing RFPs and Soliciting Proposals for Phase 2 Electrical Engineering, and Utility Location Services; and development of a MWBE utilization plan, construction administration and observation, and coordination of funding drawdowns. In addition, Lamont sought to modify Attachment A entitled schedule of rates to substitute the 2018 Schedule of Rates in lieu of the 2016 Schedule of Rates.
WHEREAS, the Town Board has reviewed Lamont Engineering’s Amendment 2, evaluated and confirmed the necessity for the additional engineering services, compared the two rate schedules, confirmed that Lamont would hold the 2018 Schedule of Rates for the remainder of the project; evaluated alternatives including soliciting new engineering proposals; and confirmed that based upon Lamont’s history and experience with the town’s water and sewer systems and the past success of similar projects that it was in the overall best interest of DWD to approve of Amendment 2.
NOW, THEREFORE BE IT RESOLVED THAT:
1. The Town Board hereby approves the Amendment 2 to the Contract to include the $75,000 increment and the 2018 Schedule of Rates.
2. The Town Supervisor is hereby authorized to execute Amendment 2.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Hinkley, Raeder, Davie, Hynes
NAYS-0
ABSENT -1 Murray

RESOLUTION #78-RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ROXBURY AUTHORIZING LAMONT ENGINEERS AMENDMENT 1 RELATED TO THE ROXBURY AND GRAND GORGE WATER SYSTEMS
On motion of Edward Raeder second by Kenneth Davie the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury Water District and the Grand Gorge Water District (the “Districts”) have entered into contracts for improvements to their water systems (the “Project”); and
WHEREAS, the Districts and Lamont Engineers (“Lamont”) entered into an initial contract a Betsy that meeting is that the 230 okay you got directions or whatever okay for engineering services related to the Project (the “Contract”);
WHEREAS, by a letter dated September 10, 2018, Lamont proposed an amendment to the contract for the continued design phase services to include: development of the bid documents for test production well, continued coordination with hydrologist throughout well field evaluation and the DRBC permitting process, continued coordination of springs filtration pilot testing, site planning and building design for a well field site and springs plumbing and treatment site, development of schematic control system design, development of an MWBE work plan, coordination of funding drawdowns, and coordination and administration of funding. In addition, Lamont sought to modify Attachment A entitled schedule of rates to substitute the 2018 Schedule of Rates in lieu of the 2017 Schedule of Rates; and
WHEREAS, the Town Board has reviewed Lamont Engineering’s Amendment 1, evaluated and confirmed the necessity for the additional engineering services, compared the two rate schedules, confirmed that Lamont would hold the 2018 Schedule of Rates for the remainder of the project; evaluated alternatives including soliciting new engineering proposals; and confirmed that based upon Lamont’s history and experience with the town’s water and sewer systems and the past success of similar projects that it was in the overall best interest of the two water districts to approve of Amendment 1.
NOW THEREFORE BE IT RESOLVED THAT
The Town Board of the Town of Roxbury authorizes the Town Supervisor to execute Amendment No. 1 to the Contract to further the Project development.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Raeder, Davie, Hinkley, Hynes
NAYS-0
ABSENT-1

A letter was received from Residents of Howard Greene Road expressing concerns with a wedding venue on that road. Concerns include noise (music & fireworks) late into the night, guests parking in neighbor’s driveways, long line up of vehicles parked alongside the road, further concerns with possible lawsuits if someone is injured wandering on a neighbor’s property in the dark. Attorney Young will research the building codes with the building inspector to make sure there are no violations.

On motion of Kenneth Davie second by Allen Hinkley the Town Board approved the Town Clerk’s monthly report for August 2018 in the amount of $2,704.25 (Town Clerk $849.25 and Building Permits $1,855.00)
AYES-4 Davie, Hinkley, Raeder, Hynes
NAYS-0
ABSENT-1 Murray

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

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

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

On motion of Kenneth Davie second by Allen Hinkley the Town Board approved the Water District monthly reports for August 2018 reflecting the following receipts: Denver $515.82, Grand Gorge $453.64 and Roxbury $1,337.01)
AYES-4 Davie, Hinkley, Raeder, Hynes
NAYS-0
ABSENT-1 Murray

On motion of Allen Hinkley second by Edward Raeder the Town Board approved the Justice Court monthly report for July 2018 in the amount of $5,563.00.
AYES-4 Hinkley, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Murray

RESOLUTION #79-ADVERTISE BIDS FOR HEATING FUEL
On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board authorizes the Town Clerk to advertise for sealed bids for Heating Fuel for the 2018/2019 heating season; and
BE IT FURTHER RESOLVED, the bids shall be opened October 5, 2018 at 2:00 pm at the Town Hall.”
AYES-4 Raeder, Hinkley, Davie, Hynes
NAYS-0
ABSENT-1 Murray

RESOLUTION #80-APPOINT O’SHAUGHNESSY TO HISTORIC COMMISSION
On motion of Kenneth Davie second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board appoints Christine O’Shaughnessy to fill the vacancy on the Historic Preservation Commission effective immediately and with said term to expire 12/31/19.”
AYES-4 Davie, Hinkley, Raeder, Hynes
NAYS-0
ABSENT-1 Murray

RESOLUTION #81-HIRE CRONK AS SCHOOL CROSSING GUARD
On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board appoints Sarah Cronk as School Crossing Guard effective immediately and through 12/31/18.”
AYES-4 Raeder, Hinkley, Davie, Hynes
NAYS-0
ABSENT-1 Murray

RESOLUTION #82-AMEND ABSTRACT AMOUNTS
On motion of Edward Raeder second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, the Town Board approves amendments to abstract amounts approved in prior month’s Minutes as follows:

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

RESOLUTION #83-EXECUTE PARK KITCHEN CONTRACT WITH BEAVERDAM BUILDERS
On motion of Kenneth Davie second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, on June 11, 2018 the Town Board awarded the Park kitchen bid to Beaverdam Builders in the amount of $148,574; and
WHEREAS, on August 13, 2018 the Town Board revised the bid award to Beaverdam Builders to the amount of $150,059;
NOW, THEREFORE BE IT RESOLVED, the Town Board authorizes the Town Supervisor to execute the contract with Beaverdam Builders for construction of the Park kitchen in the amount of $150,059.”
AYES-4 Davie, Hinkley, Raeder, Hynes
NAYS-0
ABSENT-1 Murray

The Clean Sweep Program for hazardous materials will require homeowners and businesses/farms to register starting September 1st and drop off days will be October 20th for households and October 19th for businesses/farms.

A Tire Day will be scheduled for October 13th at the lot beside the Roxbury Highway Garage with the following restrictions for use: Town of Middletown or Roxbury residents only, Transfer Station Permit required, will take tires fitting up to 17 inch wheels, rims must be removed, limit 10 tires per household.

School tax bills have gone out late this year due to corrupted files given to County Real Property Tax Services from another Assessor thus causing the holdup. They were expected to be mailed around September 7th and will allow for a later payment date that will be reflected on the bill.

The 2018 County Salary & Benefit Survey was distributed to the Town Board.

No action was taken on additional cameras at Kirkside Park.

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

Supervisor Hynes reported that an automatic door opener will be installed on the overhead door at the Transfer Station due to issues recently with opening the door fully.

RESOLUTION #84-SCHEDULE BUDGET WORKSHOP
On motion of Allen Hinkley second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, the Town of Roxbury Town Board will hold a Budget Workshop in preparation for the 2019 Tentative Budget on October 17, 2018 at 7:00 pm at the Town Hall; and
FURTHER RESOLVED, copies of the Tentative Budget will be available for the public after said workshop.”
AYES-4 Hinkley, Davie, Raeder, Hynes
NAYS-0
ABSENT-1 Murray

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

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

On motion of Edward Raeder second by Kenneth Davie the meeting adjourned at 10:10 pm.

THIS IS A TRUE COPY

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