Town Board Approved Minutes - July 14, 2014

APPROVED MINUTES
July 14, 2014

The regular monthly meeting of the Town Board was held July 14, 2014 at 7:30 pm at the Town Hall. Present: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Highway Supt. Stephen Schuman, Assessor Robert Breglio and 9 residents.

On motion of Edward Raeder second by Carol Murray the Minutes of the June 9, 2014 meeting were approved.

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

Carolynn Faraci, Community Resource Clerk reported the following: the park is booking events into 2015, discussed park building renters not abiding by contract terms will not receive their deposits back and requested a larger deposit be required in the future, the summer youth program has begun with crews doing work in the park, there will be fireworks in the park on Labor Day along with carriage rides and music, and movies in the park begin July 17th with other dates on the Town website.

Peg Ellsworth gave status of grant work progress, stated the M-ARK Project rental rehab grant still has money available and will expire at the end of the year, the Town CDBG (HUD) funds are all spoken for but owners are still urged to submit an application in the event any current applicants back out, notification of grant award has been received for the clock tower and both the Grand Gorge and Roxbury business associations and a grant application has been submitted for the Yellow Church painting. It was also stated that owners in the Historic District will soon be able to purchase an historic plaque for their home.

A new HP Laser Jet P2035 printer was purchased for the Parks Dept. but will not work with the new computer and a different one has been purchased in its place. Carolynn Faraci has offered to purchase the P2035 from the Town.

RESOLUTION #29 – SELL PRINTER

On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:

“RESOLVED, the Town Board approves the sale of a new HP Laser Jet P2035 printer to Carolynn Farcaci at a cost of $209.99, being the cost paid by the Town.”

AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0

Robert Breglio, Assessor, submitted a written report to the Town Board and discussed certain items including the re-val schedule and property owner notices, requested the Town Board look into increasing the Board of Assessment Review from 3 to 5 persons for the first year of re-val, stated communications are going well with the County but he still needs full access to RPS and discussed the Verizon settlement and requested the Town Board approve the settlement.

Stephen Schuman, Highway Supt., stated stone & oil has begun on roads, he has incurred approximately $18,000 in damage from recent flooding, has upgraded culverts due to the floods, discussed the gravel bank that is not needed where the owner will be notified by the Town attorney and the Town will have to perform the reclamation process and stated he has reviewed the paperwork for Colonial Drive takeover and has no problem with the Town Board going forth on takeover.

Discussion took place on the matter of taking over the road known as Colonial Drive.

RESOLUTION #30 – COLONIAL DRIVE NEGATIVE DECLARATION

On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:

“WHEREAS, the Town Board has reviewed the Short Environmental Assessment Form (EAF) on the takeover of a road known as Colonial Drive; and

WHEREAS, the Town Board finds the action will not result in any significant adverse environmental impacts;

NOW, THEREFORE BE IT RESOLVED the Town Board approves a declaration of no significant impact on the takeover of a road known as Colonial Dr.”

AYES 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0

RESOLUTION #31- IN THE MATTER OF THE APPLICATION TO LAY OUT A TOWN ROAD TO BE KNOWN AS COLONIAL DRIVE

“WHEREAS, the Town Board of the Town of Roxbury has received an Application to lay out a highway in the Town to be known as Colonial Drive, which will pass through the lands of David H. Munsell and Barbara K. Munsell, together with a Dedication and Release of Lands for Town Highway, dated and acknowledged July 10, 2014, and Deed of Dedication, dated and acknowledged July 10, 2014, dedicating and releasing the necessary lands for a proposed town highway to be known as Colonial Drive; and

WHEREAS, said road is more particularly described in the Deed of Dedication which is attached hereto and made a part hereof; and

WHEREAS, the Town Board of the Town of Roxbury has determined the road qualifies for dedication under Highway Law § 171 and meets the Town’s requirements for dedication; and

WHEREAS, the Town Board of the Town of Roxbury has reviewed a Short Environmental Assessment Form (EAF) pursuant to the mandates of the State Environmental Quality Review Act (ECL Article 8 and 6 NYCRR Part 617); and

WHEREAS, the Town Board has duly considered the contents of the EAF and completed Parts 2 and 3 thereof; and

WHEREAS, the Town Board has identified the relevant areas of environmental inquiry and taken a hard look at them; and

WHEREAS, the Town Board has identified the relevant areas of environmental inquiry and taken a hard look at them and caused to be prepared a Negative Declaration which sets forth the reasoning and rationale of the Town Board in determining that no adverse environmental impacts will occur as a result of the action; and

WHEREAS, the Town Board thereby seeks to issue the Negative Declaration under SEQRA thereby complying with the mandates of the State Environmental Quality Review Act;

NOW THEREFORE BE IT RESOLVED that the Town of Roxbury Town Board hereby declares that the laying out of the aforesaid highway will not have any significant adverse environmental impacts; and

NOW THEREFORE BE IT RESOLVED that in accordance with the provisions of section 171 of the Highway Law of the State of New York, consent is given that the Highway Superintendent of the Town of Roxbury make an order laying out the aforesaid town highway, the town highway to consist of the lands described in the deed of dedication.

WHEREUPON, this Resolution was declared adopted by the Town Board of the Town of Roxbury:

Town Board Member Allen Hinkley so moved; Town Board Member Edward Raeder Seconded, and the Town Board voted as follows:

AYES – 4 Hinkley, Raeder, Cronk, Murray
NAYS – 0
ABSTAIN – 1 Hynes (he and his son own property on the road)

Supervisor Hynes reported a collapsed sewer pipe in the Denver Sewer District has been repaired. Six units were hooked into one pipe.

Supervisor Hynes reported a major water leak 12’ deep in the Denver Water District was found late Friday afternoon that drained the tank. Crews were able to restore water the next day and the tank is now full. A final repair is expected this week. An e-mail was received from a concerned owner regarding dirty water which should be clearing out. Cowan Excavating recommended installing a pressure reducing valve on the line as the break occurred in the lower section of the facility. The Board agreed.

A letter and pictures were received from Diane Mitnick of the Roxbury Run area expressing safety and health concerns with a property on Short Run Rd. Items include junk cars, garbage, rodent infestation to nearby properties, and general condition issues of the home. It is unsure if the property has been abandoned or not. Mrs. Mitnick had written to the Town last year regarding the same issues but was told by the Health Officer that no problems were found. The Building Inspector has issued an Order to Remedy Violation to the owners per the NYS Building Code and the legal process must now be followed.

On motion of Allen Hinkley second by Edward Raeder the Town Board approved the Town Clerk’s monthly report for June 2014 in the amount of $1,978.61 (Town Clerk $618.61 and Building Permits $1,360.00).

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

On motion of Carol Murray second by Edward Raeder the Town Board approved the Supervisor’s monthly report for May 2014.

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

On motion of Gene Cronk second by Allen Hinkley the Town Board approved the Assessor’s monthly report for June 2014.

AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

On motion of Allen Hinkley second by Carol Murray the Town Board approved the Justice Court monthly report for May 2014 in the amount of $3,054.00.

AYES – 5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS – 0

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the HUD Program monthly report for June 2014 showing a balance of $232,985.00.

AYES – 5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0

On motion of Allen Hinkley second by Edward Raeder the Town Board approved the Building Inspector monthly report for June 2014.

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

On motion of Edward Raeder second by Carol Murray the Town Board approved the Water District monthly receipts reports for June 2014 in the following amounts: Denver $310.50; Grand Gorge $273.55 and Roxbury $138.15.

AYES – 5 Raeder, Murray, Cronk, Hinkley, HynesNAYS – 0

RESOLUTION #32 – CONTRACT WITH TWO ASSESSOR DATA COLLECTORS

On motion of Gene Cronk seconded by Allen Hinkley the following resolution was offered and adopted:

“RESOLVED, the Town Board approves contracts for the services of Nicholas diStefanis, retroactive to 6/18/14, and Joseph McAfee, retroactive to 6/30/14, as Assessor Data Collectors at a rate of $9.00/hour with no benefits other than reimbursement for mileage.”

AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

Notice was received from Petra Tavern Corp. (Petra’s Restaurant) they have applied for a NYS Liquor License for their business located at Shepard Hills Golf facility.

On motion of Gene Cronk second by Allen Hinkley the Town Board stated having no objections to the NYS Liquor License application of Petra Tavern Corp. (Petra’s Restaurant) located at Shepard Hills Golf facility.

AYES – Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

On motion of Edward Raeder second by Carol Murray the Town Board approved the annual report of Good Neighbor Funds through June 30, 2014 showing a balance of $220,964.77.

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

RESOLUTION #33 – APPROVE CHANGE ORDERS LAKE ST. DRAINAGE PROJECT

On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:

“RESOLVED, the Town Board approves the following Change Orders and amounts on the Lake St. Drainage Project: Change Order #2 increase $850; #3 increase $1,100; #4 increase $5,400; #5 increase $5,100, #6 increase $300, #7 increase $1,900; #8 increase $1,950; # 9 increase $6,200; #10 increase $1,505; #11 increase $2,480; #12 increase $11,477; #13 increase $1,828 and #14 increase $862 for a total increase of $40,952; and

BE IT FURTHER RESOLVED approval of said change orders are contingent upon final inspection of said project engineer.”

AYES – Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

RESOLUTION #34 – AUTHORIZING THE SUPERVISOR TO EXECUTE AN AGREEMENT WITH CWC FOR THE REIMBURSEMENT OF UP TO $4,900.00 FOR TAX CONSULTING SERVICES PREVIOUSLY PROVIDED

On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:

“WHEREAS, the Town of Roxbury and the Catskill Watershed Corporation (“CWC”) entered into a Tax Consulting Program Agreement originally executed in 1999, amended in 2004 and renewed in 2011; and

WHEREAS, the CWC Tax Consulting Program Agreement provided for the vouchered reimbursement of fees and expenses of professional consultants and/or attorneys retained by the Town of Roxbury to review, analyze and/or assist in the administration of real property taxes paid by New York City on City-owned land;

WHEREAS, pursuant to the CWC Tax Consulting Program Agreement, the Town of Roxbury contracted with the Law Office of Robert L. Beebe, LLC in or about 2011, to defend the Town’s assessments of the Schoharie Reservoir; and

WHEREAS, Robert L. Beebe provided the contracted for services and, as of the date of this Resolution, the amount paid to the Law Office of Robert L. Beebe, LLC for services provided is $4,834.00; and

WHEREAS, the Town Board desires to authorize the Supervisor to enter into an agreement with the CWC for the reimbursement of payment up to $4,900.00 for tax consulting services previously provided by Robert L. Beebe, LLC.

THEREFORE, NOW BE IT RESOLVED THAT the Town of Roxbury authorizes the Town Supervisor to execute an agreement with the CWC for reimbursement of funding the final payment (approximately $4,900.00) to the Law Office of Robert L. Beebe, LLC.

WHEREUPON, the resolution was put to a vote and recorded as follows:

YEAS – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0
ABSTENTIONS – 0

Discussion took place regarding the letter from Martin Menne requesting a reduction in water charges because he must run his water in the winter to prevent the freezing of his service line that runs under the road. The Town Board reviewed a year of Mr. Menne’s water usages as well as others that have service lines under the road. The matter was tabled until the Town Supervisor speaks with the owner.

The next monthly meeting of the Town Board will be held August 11, 2014 at 7:30 pm at the Grand Gorge Civic Center.

Discussion took place on the remaining highway garage construction money. The bond principal and interest is paid by the General Fund so any remaining funds must be returned to that fund.

On motion of Edward Raeder second by Gene Cronk the Town Board approves the transfer of $17,418.07 from Capital Projects to General Fund that represents the balance of highway garage construction funds.

AYES – 5 Raeder, Cronk, Hinkley, Murray, Hynes
NAYS – 0

On motion of Allen Hinkley second by Gene Cronk the Town Board went into Executive Session at 8:50 pm to discuss negotiations for Highway contract renewal. Present were: Supervisor Thomas S. Hynes and Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray.

On motion of Allen Hinkley second by Gene Cronk the Town Board came out of Executive Session and returned to the regular meeting at 9:11 pm.

It was stated that no decision was made on the highway contract and the Personnel Committee will continue negotiations with the Highway Workers Association.

After adding General Fund #331 in the amount of $1,200.00 and Grand Gorge Water #52 in the amount of $100.00, on motion of Gene Cronk second by Allen Hinkley the bills were audited and ordered paid in the following amounts:

General #270-331 $46,744.03
Special Lights #10-11 $1,929.43
Highway #166-191 $51,920.37
Capital Projects:
Roxbury Water #41-49 $7,328.01
HUD Program #12 $20,965.00
Grand Gorge Water #43-52 $3,208.00
Park Construction #13 $3,279.00
Denver Water #38-45 $3,645.73
Park Programs #14-18 $572.00
Roxbury Sewer #44-48 $7,114.83
Other:
Denver Sewer #69-81 $16,668.95
Lake St. Project $2,242.80

AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

On motion of Carol Murray second by Edward Raeder the meeting adjourned at 9:17 pm.
__________________________________

Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Allen Hinkley,
Carol Murray, Councilwoman

Town Board Meeting Agenda - July 14, 2014

ROXBURY TOWN BOARD
Regular Meeting
July 14, 2014
Town Hall

Call To Order 7:30 pm
Minutes June 9th Regular Meeting

Requests to Speak:

Department Reports:

Water / Sewer
Planning
Building & Grounds
Highway
Assessor
Building Inspector
Community Resources
Old Business
New Business

Letters to the Board:

Diane Mitnick – re: health and property concern

Discussion from residents

Audits

ISSUES FOR DISCUSSION

• Resolution – Town Clerk monthly Report for June 2014
• Resolution – Supervisor’s monthly Report for May 2014
• Resolution – Assessor’s monthly report for June 2014
• Resolution – Justice Court monthly report for May 2014
• Resolution – HUD Program funds monthly report for June 2014
• Resolution – Building Inspector monthly report for June 2014
• Resolution – monthly water receipts report for June 2014 (Denver-GG-Roxbury)
• Resolution – retirement reporting days
• Resolution – Colonial Drive takeover (if signed paperwork received)
• Resolution – hire Data Collectors
• Resolution – Annual report of Good Neighbor Funds
• Resolution – change orders for Lake St. Construction Project #2-14
• Resolution – CWC Agreement for reimbursement of Robert L. Beebe costs
• Resolution – equipment destruction
• Resolution – HP Laser Jet printer P2035

• Martin Menne water issue

⇨AUGUST MEETING AT GRAND GORGE CIVIC CENTER @ 7:30 PM

REMINDERS:

* Highway Contract expires 12/31/14
* Rodrigues Gravel Contract & Mining Permit expires 8/3/14 ONGOING ISSUES
• Truck lawsuit status

Town Board Approved Minutes - June 9, 2014

UNAPPROVED MINUTES
June 9, 2014

The regular meeting of the Town Board was held June 9, 2014 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, and Carol Murray, Highway Supt. Stephen Schuman, Assessor Robert Breglio, Attorney Kevin Young and 5 residents. Absent: Councilman Allen Hinkley.

On motion of Gene Cronk second by Carol Murray the Minutes of the May 12, 2014 meeting were approved.

AYES – 4 Cronk, Murray, Raeder, Hynes
NAYS – 0
ABSENT – 1 Hinkley

Robert Breglio, Assessor, discussed items in his written monthly report to the Town Board stating the re-val is moving along, an ad has been placed for summer interns for data collection and discussed his monthly conditions report that is sent to the Building Inspector where two structures have been taken down in May without a demolition permit.

Richard Purchell expressed concerns with the re-val process, summer intern’s data collection qualifications, farm and commercial evaluations, his own Board of Assessment Review (BAR) decision and qualifications of the person doing the farm and commercial assessments. Assessor Breglio responded that the re-val was being conducted per NYS guidelines, the summer interns are only doing residential properties in checking data, farm and commercial assessments are figured by NYS guidelines, he can appeal his BAR decision through a SCAR hearing due to his assessment code and the person doing the farm and commercial assessments is qualified as being both a certified assessor and a certified appraiser for several years.

Carolynn Faraci, Parks Clerk, discussed the written report submitted by Margaret Ellsworth regarding the Community Resource Dept. Items include: requesting a bid package be assembled and advertised for the sale of the park carriages, the pavilion doors are now secured all around the building, a walking tour was given June 8th and a second one is scheduled, requested support from the Town Board for an application to NYS Office of Parks, Recreation and Historic Preservation on behalf of the Jay Gould Church, the next Roxbury Business Meeting will be held June 24 at Kirkside Park where the Town Board was invited to a pot luck supper, the Roxbury and Grand Gorge Business Associations are planning to do new business brochures and will be applying to the O’Conner Foundation for funds, requested a park attendant be hired to close down the park buildings after booked events and sensory lighting will be installed around the park buildings for security. No decision was made on the carriages as Supv. Hynes would first like to discuss the matter with Mrs. Ellsworth and the Board decided the park attendant would be budgeted for in the 2015 budget and the park rentals would also have to be increased to accommodate the extra cost for the attendant.

RESOLUTION #26 – SUPPORT JAY GOULD MEMORIAL REFORMED CHURCH GRANT APPLICATION

On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury recognizes the importance of historic preservation as an important part of the community; and
WHEREAS, the Town also recognizes the Jay Gould Memorial Reformed Church as one of the most prominent structures contained within the Hamlet Historic District; and
WHEREAS, the Town recognizes that among other historic resources contained within the hamlet that the Jay Gould Memorial Reformed Church serves both the community and as a destination for visitors to the region;
NOW, THEREFORE, BE IT RESOLVED, the Town of Roxbury supports the Jay Gould Memorial Reformed Church’s application to the New York State Office of Parks, Recreation and Historic Preservation for funds necessary to restore the Maitland Armstrong Stained Glass Windows, and address necessary masonry restoration on the exterior of the building and address the need for a new heating system in the church.”

AYES – 4 Cronk, Raeder, Murray, Hynes
NAYS – 0
ABSENT – 1 Hinkley

Stephen Schuman, Hwy. Supt., reported crews have resealed the garage floors, have shimmed roads to ready them for stone & oil, replaced culverts and upgraded drainage, discussed options for the overhead door repair prices needed for the old highway garage and discussed Rodrigues gravel bank issues. It was decided to close and reclaim the gravel bank and attorney Kevin Young will draft a letter to the owner as notification of the closure.

On motion of Gene Cronk second by Edward Raeder the Town Board approved Option #2 of the quote from Action Garage Doors of Oneonta in the amount of $1,560 to replace one overhead door and repair three others on the old highway garage.

AYES – 4 Cronk, Raeder, Murray, Hynes
NAYS – 0
ABSENT – 1 Hinkley

Attorney Young he is waiting to receive signed paperwork and other documents from the owner of Colonial Drive before the road can be taken over by the Town.

Supv. Hynes stated the Lake St. Construction Project has paved the road, will fix lawns and is expected to be completed soon.

A letter was received from Roxbury Central School requesting to hook up the bus garage to the water and sewer lines. The matter will be looked into.

Councilman Cronk expressed concerns with the vehicles parked in the vicinity of the Town water aquifer at the Hinkley Electric property. Supv. Hynes will speak with the owner regarding the vehicles and will contact the engineer to assess the situation.

A letter was received from Delaware County Youth Bureau notifying the Town the reimbursement to Roxbury School for the 2013 summer recreation program will be $451.

A letter was received from Simone Shams of Libra Accounting Services, Inc. regarding her taxes and assessment. Supv. Hynes sent a written response.

A letter was received from the O’Conner Foundation stating their decision on the application for grant funds for the Methodist Church clock tower that was to have been made in May has been postponed until June.

Attorney Young stated the Mountainside Farms sewage treatment plant construction has been completed and discussed the plant’s processing capabilities that will hopefully benefit homes in the area with odor control. The Town Board requested the attorney look into scheduling a tour of the plant.

Discussion took place on both the Denver and Roxbury Sewer budgets having line items for administration of the funds and completing annual reconciliations with NYCDEP.

On motion of Gene Cronk second by Edward Raeder the Town Board approved Denver Sewer and Roxbury Sewer funds be paid to Diane Pickett for administration of paperwork as budgeted in each district for 2014 and the Town Attorney will draft an agreement.

AYES – 4 Cronk, Raeder, Murray, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Edward Raeder second by Gene Cronk the Town Board approved the monthly report of the Town Clerk for May 2014 in the amount of $3,531.16 (Town Clerk $340.00 and Building Permits $3,040.00)

AYES – 4 Raeder, Cronk, Murray, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Carol Murray second by Edward Raeder the Town Board approved the monthly report of the Supervisor for April 2014.

AYES – 4 Murray, Raeder, Cronk, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Gene Cronk second by Edward Raeder the Town Board approved the monthly report of the Assessor for May 2014.

AYES – 4 Cronk, Raeder, Murray, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Carol Murray second by Edward Raeder the Town Board approved the monthly report of the Justice Court for April 2014 in the amount of $4,863.50.

AYES – 4 Murray, Raeder, Cronk, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Carol Murray second by Edward Raeder the Town Board approved the monthly report of HUD Program funds for May 2014.

AYES – 4 Murray, Raeder, Cronk, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Carol Murray second by Edward Raeder the Town Board approved the monthly report of the Building Inspector for May 2014.

AYES – 4 Murray, Raeder, Cronk, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Gene Cronk second by Edward Raeder the Town Board approved the monthly water receipts for May 2014 in the following amounts: Denver Water $711.96; Grand Gorge Water $441.27 and Roxbury Water $478.54.

AYES – 4 Cronk, Raeder, Murray, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Edward Raeder second by Carol Murray the Town Board approved the following equipment for destruction:

Description: HP 1040 fax machine
Model#: SDGOB-0403-01
Serial #: CN619AJ7GY
Reason: Does not work

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

Discussion took place on the remaining invoice for Attorney Beebe’s work on tax consulting for NYCDEP property assessments.

RESOLUTION #27 – AUTHORIZING THE PAYMENT OF BALANCE DUE ROBERT BEEBE FOR TAX CONSULTING SERVICES PREVIOUSLY PROVIDED

On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:

“WHEREAS, the Town of Roxbury and the Catskill Watershed Corporation (“CWC”) entered into a Tax Consulting Program Agreement originally executed in 1099, amended in 2004 and renewed in 2011; and
WHEREAS, the CWC Tax Consulting Program Agreement provided for the vouchered reimbursement of fees and expenses of professional consultants and/or attorneys retained by the Town of Roxbury to review, analyze and/or assist in the administration of real property taxes paid by New York City on City-owned land;
WHEREAS, pursuant to the CWC Tax Consulting Program Agreement, the Town of Roxbury contracted with Robert L. Beebe, LLC, in or about 2011, to defend the Town’s assessments of the Schoharie Reservoir; and
WHEREAS, Robert L. Beebe provided the contracted for services and, as of the date of this Resolution, the balance due Robert L. Beebe for services provided is $4,834.00; and
WHEREAS, the Town Board desires to authorize final payment to Robert L. Beebe, LLC for the satisfactory services that have been provided.

THEREFORE, NOW BE IT RESOLVED THAT:

1. That the Town Board hereby authorizes payment to Robert L. Beebe, LLC in the amount of $4,834.00; and
2. That the Town Board authorizes the Town Supervisor to submit a voucher to the CWC for reimbursement of the aforementioned payment pursuant to the Town’s current agreement with the CWC.”

WHEREUPON, the Resolution was put to a vote and recorded as follows:

YEAS – 4 Cronk, Raeder, Murray, Hynes
NAYS – 0
ABSTENTIONS – 0
ABSENT – 1 Hinkley

Carolynn Faraci, Budget Officer, requested the Personnel Committee (Councilmen Hinkley and Murray) to start working on the Highway contract as it expires this year and she needs the information for the tentative budget that is due in September.

RESOLUTION #28 – ASSESSOR DATA COLLECTORS

On motion of Edward Raeder second by Carol Murray the following resolution was adopted:

“WHEREAS, the Town Board has directed the Assessor to conduct a total Town re-valuation; and
WHEREAS, in 2013 the Town Board hired two data collectors to assist the Assessor with the data collection process; and
WHEREAS, the Assessor requests the assistance of two data collectors for 2014;
NOW, THEREFORE, BE IT RESOLVED, the Town Board authorizes the Assessor to recommend the names of two data collectors for hiring; and
BE IT FURTHER RESOLVED said hiring shall be upon the approval of the Town Supervisor.”

AYES – 4 Raeder, Murray, Cronk, Hynes
NAYS – 0
ABSENT – 1 Hinkley

The 2013 Annual Water Quality Reports for Denver, Grand Gorge and Roxbury Water Districts have been mailed to all customers and a copy is available for inspection at the Town Clerk’s Office.

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

General #217-269 – $125,526.19
Denver Sewer #60-68 -$12,273.08
Highway #139-165 – $182,278.25
Special Lights #9 – $1,931.13
Roxbury Water #35-40 – $1,758.95

Capital Projects:

Grand Gorge Water #37-42 – $1,607.77
Kirk. Park Programs #6-10 – $450.00
Denver Water #32-37 – $1,657.65
HUD Program #11 – $44,874.50
Roxbury Sewer #35-43 – $41,977.41
Other-Lake St Proj. – $186,815.25

AYES – 4 Murray, Raeder, Cronk, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Gene Cronk second by Carol Murray the meeting adjourned at 8:40 pm.

THIS IS A TRUE COPY
_____________________________

Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Carol Murray, Councilwoman

Town Board Meeting Agenda - June 9, 2014

ROXBURY TOWN BOARD
Regular Meeting
June 9, 2014
Town Hall
Call To Order 7:30 pm

Minutes May 12th Regular Meeting

Requests to Speak

Department Reports

Water / Sewer
Planning
Building & Grounds
Highway
Assessor
Building Inspector
Community Resources

Old Business

New Business

Letters to the Board

Simone Shams re: taxes
Roxbury School re: water/sewer hookup

Discussion from residents

Audits

ISSUES FOR DISCUSSION

• Resolution – Town Clerk monthly Report for May 2014
• Resolution – Supervisor’s monthly Report for April 2014
• Resolution – Assessor’s monthly report for May 2014
• Resolution – Justice Court monthly report for April 2014
• Resolution – HUD Program funds monthly report for May 2014
• Resolution – Building Inspector monthly report for May 2014
• Resolution – monthly water receipts report for May 2014 (Denver-GG-Roxbury)
• Resolution – retirement reporting days
• Resolution – equipment destruction
• Resolution – Colonial Drive takeover (if paperwork received)
• Resolution – hire Data Collectors
• 2013 Annual Water Reports mailed to customers

REMINDER:

* Highway Contract expires 12/31/14

* Rodrigues Gravel Contract & Mining Permit expires 8/3/14

ONGOING ISSUES
• Truck lawsuit status

Town Board Approved Minutes - May 22, 2014

UNAPPROVED MINUTES
May 12, 2014

The regular meeting of the Town Board was held May 12, 2014 at 7:30 pm at the Town Hall. Present: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Highway Supt. Stephen Schuman, Assessor Robert Breglio, Building Inspector William Walcutt and 7 residents. Absent: Attorney Kevin Young.

On motion of Carol Murray second by Gene Cronk the Minutes of the April 14, 2014, meeting were approved.

AYES – 5 Murray, Cronk, Raeder, Hinkley, Hynes
NAYS – 0

Robert Breglio, Assessor, submitted a written report to the Town Board and discussed some that included his concerns with having total access to the County’s RPS system for inputting re-val figures, requested advertising for two date collection people again this year to help with the re-val, he has sent the flood survey results book to the County to aide residents, discussed issues with preliminary flood map and possibly getting assistance from the County to help residents with costs associated with obtaining a variance on their property, a decision has been received on the NYC DEP reservoir land assessments, will work with Young & Sommer on the Verizon assessment case and expressed concerns with the State determining the assessments for phone lines in the future.

Discussion took place on the new preliminary flood maps and how they will affect property owners, variances that can be applied for with elevation survey and possibly the Town looking into grant funds to help owners with those costs.

RESOLUTION #23 – ADVERTISE FOR DATA COLLECTORS

On motion of Gene Cronk second by Edward Raeder the following resolution was offered and approved:

“RESOLVED, the Town Board approves the Town Clerk to advertise for two Data Collectors to assist in the re-valuation process with the Assessor’s Office; and

BE IT FURTHER RESOLVED, payment shall be on a contractual basis with no benefits other than reimbursement for mileage.”

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

Stephen Schuman, Highway Supt. reported crews working on getting roads ready for repairs, is waiting for road oil prices this year, the sign in memory of Jean Marie Collin has been ordered, his small truck is down for repairs, requested a new fax machine and the old highway garage is in need of two new overhead doors, and, after having reviewed Colonial Drive for takeover, requested permission to proceed with legal paperwork. The Board did not oppose replacing the fax machine and overhead doors.

RESOLUTION #24 – PROCEED WITH COLONIAL DRIVE TAKEOVER

On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:

“RESOLVED, the Town Board approves the attorney proceed with the process to takeover Colonial Drive as a Town road.”

AYES – 4 Raeder, Hinkley, Cronk, Murray
NAYS – 0
ABSTAIN – 1 Hynes (property owner and son resides on road)

William Walcutt, Building Inspector expressed concerns with the Caroline Lilly property (old Reeds Hotel/Bar property) still being in a dilapidated state and requested to place a Condemned Building sign on the bar building. Quite a few months ago the contractor had attended a Board meeting to discuss the plans for the buildings but since then no work has been done. The Building Inspector was directed to contact the contractor to discuss the matter and report back to the Board who will table a decision until the next Town Board meeting.

A letter was received from the Historic Preservation Commission expressing concerns with building permits being issued to owners in the Historic District before the Commission completes their own review. The Building Inspector was directed to not issue any building permits to owners in the Historic District, if a building permit is required, until the Commission makes a decision on the work. The policy would also include building permit work falling under Site Plan Review by the Planning Board.

Carolynn Faraci, Community Resource Clerk, reported the new fire pit and heaters at the Kirkside Park buildings are in use, new locks have been installed on the building and the Historic Commission has requested the Board approve the appointment of Nicole Haroldson to fill the vacancy on the Historic Commission.

Discussion took place on Town Hall restroom renovations needed and the Civic Center water pipe repairs needed.

Lawrence Moran reported still having low water pressure at his residence in Grand Gorge after replacing water lines in his house. It was recommended since he is on a bank he may need to install an “on demand” pump.

A letter was received from Martin Menne expressing concerns with his water bill charges being high because his water line runs under the road and he must keep water running through the winter to prevent freezing. Mr. Menne requested the Shut Off valve be re-located from across the road to being on his property. The Board will look at a year of readings and discussed the possibility of pro-rating the bill.

Supv. Hynes reported the Lake St. drainage project has begun construction again. All pipes have been laid and they will now begin work on the swale. Work is expected to be completed in June.

An application has been submitted to the O’Conner Foundation for grant funds to install lights in the Roxbury Methodist Church clock tower. The application will be considered this month for decision.

A note was received from the Grand Gorge Sr. Social Club thanking the Town Board having received the $500 given the club per the 2014 Town Budget.

Councilman Allen Hinkley questioned funds being available from the Town to help in the mowing costs for the Old School Baptist Church on County Hwy 41. Supv. Hynes stated that funds were included in the 2014 Town Budget to help defray costs.

Edward Dalski referenced the new liquor store building and questioned if the Historic District regulated paint colors. It was stated the Historic District designation purposely has no regulations pertaining to building color.

On motion of Allen Hinkley second by Carol Murray the Town Board approved the monthly report of the Town Board for April 2014 in the amount of $1,046.00 (Town Clerk $251.00 and Building Permits $795.00).

AYES – 5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS – 0

On motion of Gene Cronk second by Edward Raeder the Town Board approved the monthly report of the Supervisor for March 2014.

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

On motion of Carol Murray second by Gene Cronk the Town Board approved the monthly report of the Assessor for April 2014.

AYES – 5 Murray, Cronk, Raeder, Hinkley, Hynes
NAYS -0

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the monthly report of the Justice Court for March 2014 in the amount of $5,277.00.

AYES – 5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0

On motion of Gene Cronk second by Edward Raeder the Town Board approved the final monthly report of the Tax Collector for April 2014.

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the annual report of the Tax Collector for Town & County tax monies received per the 2014 Collector Warrant.

AYES – 5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0

On motion of Carol Murray second by Edward Raeder the Town Board approved the report of HUD Program funds for April 2014.

AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0

On motion of Gene Cronk second by Allen Hinkley the Town Board approved the monthly report of the Building Inspector for April 2014.

AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

On motion of Allen Hinkley second by Carol Murray the Town Board approved the monthly report of water district receipts for April 2014 in the following amounts: Denver $3,374.86; Grand Gorge $3,574.55 and Roxbury $4,489.43.

AYES – 5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS – 0

RESOLUTION #25-APPOINT HAROLDSON TO HISTORIC PRESERVATION COMMISSION

On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:

“RESOLVED, the Town Board appoints Nicole Haroldson to fill the vacancy on the Historic Preservation Commission, effective immediately; and

BE IT FURTHER RESOLVED said term shall expire 12/31/16.

AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0

Two proposals were received for renovating the second floor bathroom of the Town Hall and were as follows: Cole & Griffin $3,150 (includes plumbing & electrical) and Cammer Construction $3,200 (not including plumbing & electric).

On motion of Allen Hinkley second by Carol Murray the Town Board awarded the Town Hall bathroom renovation project to Cole & Griffin at a cost of $3,150.

AYES – Hinkley, Murray, Cronk, Raeder, Hynes
NAYS – 0

Reminders were given to the Board that the Rodrigues Mining Permit expires in August and the Highway Contract expires in December.

A written request was submitted to the Town Board from the Water Clerk regarding billing issues. No action was taken.

Board members were invited to a luncheon to be hosted by Roxbury School on May 15th @ 12:30 pm.

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

General #178-216   $33,437.68
Roxbury Sewer #27-34   $7,938.48
Highway #111-138   $82,206.87
Denver Sewer #47-59   $15,156.20
Roxbury Water #29-34   $3,606.92
Special Lights #7-8   $1,927.52
Grand Gorge Water #30-36   $3,870.91

Capital Projects:

Denver Water #25-31   $7,007.20
HUD Program #5   $7,582.00

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0
On motion of Carol Murray second by Gene Cronk the meeting adjourned at 8:35 pm.

THIS IS A TRUE COPY
_________________________________

Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman

Town Board Meeting Agenda - May 12, 2014

ROXBURY TOWN BOARD
Regular Meeting
May 12, 2014
Grand Gorge Civic Center

Call To Order 7:30 pm

Minutes April 14th Regular Meeting

Requests to Speak

Department Reports: Water / Sewer
Planning
Building & Grounds
Highway
Assessor
Building Inspector
Community Resources

Old Business

New Business

Letters to the Board

Martin Menne re: Water

Roxbury Historic Commission

re: permits

Discussion from residents

Audits

Issues for Discussion

• Resolution – Town Clerk monthly Report for April 2014
• Resolution – Supervisor’s monthly Report for March 2014
• Resolution – Assessor’s monthly report for April 2014
• Resolution – Justice Court monthly report for March 2014
• Resolution – Tax Collector monthly report for April 2014
• Resolution – Tax Collector 2014 Annual report of tax monies received
• Resolution – HUD Program funds monthly report for April 2014
• Resolution – Building Inspector monthly report for April 2014
• Resolution – monthly water receipts report for April 2014 (Denver-GG-Roxbury)
• Resolution – appoint 1 more person for CDBG housing program review committee
• Resolution – appoint 1 person to Historic Commission 4/14/14-12/31/16
• Resolution – retirement reporting
• Resolution – Colonial Drive takeover (if paperwork received)

Reminder

* Highway Contract expires 12/31/14
* Rodrigues Gravel Contract & Mining Permit expires 8/3/14

Ongoing Issues

• Truck lawsuit status

Town Board Approved Minutes - April 14, 2014

Approved Minutes
April 14, 2014

The regular meeting of the Town Board was held April 14, 2014 at 7:30 pm at the Grand Gorge Civic Center. Present: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder and Carol Murray, Hwy. Supt. Stephen Schuman and 10 residents. Absent: Councilman Allen Hinkley and Attorney Kevin Young, both being out of town.

It was brought to the attention of the Town Board that the bid for highway fuels from the March 3, 2014 meeting was correct for the bid price of Main Care Fixed Diesel at $3.3770/gal but was incorrectly awarded to Main Care at a price of 3.770/gal due to a typographical error.

On motion of Carol Murray second by Edward Raeder the Minutes of the March 3, 2014 meeting were approved after amending them to read the bid for Diesel Fixed was awarded to Main Care Energy at $3.3770/gal and adding it was due to the Winter Blend Award.

AYES – 4 Murray, Raeder, Cronk, Hynes
NAYS – 0
ABSENT – 1 Hinkley

David Martin requested needed repairs to the Civic Center Playground and expressed concerns with a house next door to him expelling a lot of water. Response: the playground matter will be looked into for having work completed. The house with a water problem is under foreclosure and is not on Town water but rather has a spring in the basement.

Nancy Haney expressed concerns with old vehicles near the stream and requested help from the Building Inspector regarding dilapidated buildings in Grand Gorge. Supv. Hynes will look into the matters.

Maureen Sauveur expressed concerns with sidewalks not extended down State Hwy. 23 East and sidewalks not cleared in the winter. Supv. Hynes stated a sidewalk district would have to be formed where only those properties in the district would fund the district and that when brought before the Grand Gorge owners a few years ago they didn’t want it.

Joyce Devivo expressed concerns with holes and sewer smell near the Tait Construction and Colonial Motel properties on State Hwy 23 and concerns with a culvert on Frank Cottone Rd. Supv. Hynes will contact NYS DOT for the holes and look into the sewer smell and Hwy. Supt. Steve Schuman will look into the culvert matter.

Hwy. Supt. Steve Schuman discussed CHIPS monies are expected to be the same in 2014 or slightly higher, crews are trying to ready roads for summer repairs, the highway employees have all completed hearing tests and safety training and will have to attend a mine safety class, discussed the NYS Senate passing a law that would allow the local municipalities to set speed limits on own roads but will have to see if full passage by the State is completed and he will have the dedication signs for Jean Marie Collins made and erected.

Discussion took place on the abandonment of a portion of Slauson Trailer Park Rd. per the request of property owner John Bubach.

RESOLUTION #21 – IN THE MATTER OF THE APPROVAL AND SEQRA REVIEW OF THE ABANDONMENT/DISCONTINUANCE OF A PORTION OF SLAUSON TRAILER PARK ROAD

On motion of Carol Murray second by Gene Cronk the following resolution was offered and adopted:

WHEREAS, the Town Board of the Town of Roxbury has received a copy of a Petition for Discontinuance of a Highway, namely a portion of Slauson Trailer Park Road on lands of John L. Bubach; and

WHEREAS, the Town Board of the Town of Roxbury has determined the portion of Slauson Trailer Park Road in question qualifies for abandonment under Highway Law §§ 171, 172 or 207; and

WHEREAS, the Town Board of the Town of Roxbury has reviewed a Short Environmental Assessment Form (EAF) pursuant to the mandates of the Environmental Quality Review Act (ECL Article 8 and 6 NYCRR Part 617); and

WHEREAS, the Town Board has duly considered the contents of the EAF and completed Parts 2 and 3 thereof; and

WHEREAS, the Town Board has identified the relevant areas of environmental inquiry and taken a hard look at them; and

WHEREAS, the Town Board has identified the relevant areas of environmental inquiry and taken a hard look at them and caused to be prepared a Negative Declaration which sets forth the reasoning and rationale of the Town Board in determining that no adverse environmental impacts will occur as a result of the action; and

WHEREAS, the Town Board thereby seeks to issue the Negative Declaration under SEQRA thereby complying with the mandates of the State Environmental Quality Review Act;

NOW THEREFORE BE IT RESOLVED, that the Town of Roxbury Town Board hereby declares that the abandonment of a portion of Slauson Trailer Park Road will not have any significant adverse environmental impacts; and

BE IT FURTHER RESOLVED, THAT THE Town of Roxbury Town Board consents to a portion of Slauson Trailer Park Road being abandoned or discontinued.

WHEREUPON, this Resolution was declared adopted by the Town Board of the Town of Roxbury.”

AYES – 4 Murray, Cronk, Raeder, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Gene Cronk second by Edward Raeder the Town Board approved reimbursement to the Highway Supt. for attending Highway School in Ithaca, NY.

AYES – 4 Cronk, Raeder, Murray, Hynes
NAYS – 0
ABSENT – 1 Hinkley

Peg Ellsworth was absent but a written report from her regarding park and grant matters was distributed to the Town Board. Items discuss HUD and other current grant status, grant applications that have been or will be submitted on behalf of Kirkside Adult Home and the Grand Gorge Methodist Church Parsonage and M-ARK still has openings for their rental rehab grant. Carolynn Faraci, Parks Clerk reported that park buildings have already been booked for several different events this summer and that a fire pit and two outdoor propane heaters have been purchased so events can be held later in the year. Nancy Haney added that the Grand Gorge Little League received a grant from the O’Conner Foundation.

The Town Planning Board meeting scheduled for April 16, 2014 has been canceled due to no business to discuss.

The regular meeting of the Roxbury Historic Commission is scheduled for April 21, 2014 at 7:00 pm at the Town Hall. The Commission is expected to offer a name at the May Town Board meeting for appointment to fill the vacancy on the Commission.

The Town Board has tabled a decision on repairs to the bathroom at the Town Hall until another proposal is received.

On motion of Edward Raeder second by Gene Cronk the Town Board approved the monthly report of the Town Clerk for March 2014 in the amount of $970.00 (Town Clerk $160.00 and Building Permits $810.00)

AYES – 4 Raeder, Cronk, Murray, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Carol Murray second by Edward Raeder the Town Board approved the monthly report of the Supervisor for February 2014.

AYES – 4 Murray, Raeder, Cronk, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Gene Cronk second by Edward Raeder the Town Board approved the monthly report of the Assessor for March 2014.

AYES – 4 Cronk, Reader, Murray, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Carol Murray second by Edward Raeder the Town Board approved the monthly report of the Tax Collector for March, 2014 where 75.4% of Town/County taxes have been collected.

AYES – Murray, Raeder, Cronk, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Gene Cronk second by Carol Murray the Town Board approved the monthly report of HUD (CDBG) Program funds showing $101,175.50 expenses and $298,824.50 balance.

AYES – 4 Cronk, Murray, Raeder, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Gene Cronk second by Edward Raeder the Town Board approved the monthly report of the Building Inspector for March 2014.

Ayes – 4 Cronk, Raeder, Murray, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Carol Murray second by Gene Cronk the Town Board approved the monthly report of Water Receipts for the Water Districts in the amount of $325.43 (Denver #68.20; Grand Gorge $130.57 and Roxbury $126.66)

AYES – 4 Murray, Cronk, Raeder, Hynes
NAYS – 0
ABSENT – 1 Hinkley

No action was taken on appointing another person to the HUD review committee.

No action was taken to fill the vacancy on the Roxbury Historic Preservation Commission.

On motion of Edward Raeder second by Gene Cronk the Town Board approved reimbursement to the Bookkeeper to attend Town finance training in Saratoga Springs, NY.

AYES – 4 Raeder, Cronk, Murray, Hynes
NAYS – 0
ABSENT – 1 Hinkley

RESOLUTION #22 – CONTRACT WITH CMS INTERNET SOLUTIONS, INC. FOR WEBSITE MAINTENANCE

On motion of Carol Murray second by Gene Cronk the following resolution was offered and adopted:

“RESOLVED, the Roxbury Town Board approves the contract with CMS Internet Solutions, Inc. for Town website maintenance in the amount of $250.00 per month.”

AYES – 4 Murray, Cronk, Raeder, Hynes
NAYS – 0
ABSENT – 1 HINKLEY

On motion of Edward Raeder second by Carol Murray the Town Board approved the destruction of the following records per State Retention and Disposition Schedules:

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

On motion of Edward Raeder second by Gene Cronk the Town Board approved the monthly report of the Town Justices for February 2014 in the amount of $1,621.00.

AYES – 4 Raeder, Cronk, Murray, Hynes
NAYS – 0
ABSENT – 1 Hinkley

The Town’s Annual Financial Report for the year ending 12/31/13 has been filed with the State. A copy is available for inspection at the Town Clerk’s Office.

The Rodrigues gravel bank permit and contract expires in August 2014. The Highway Supt. would like to extend both. Supv. Hynes will contact Rob Allison regarding the matter.

A notice was received from J&W Deli stating they intend to apply to the State for a liquor license at their establishment on State Hwy. 23 in Grand Gorge.

The Grand Gorge Community Action Group will hold a pancake breakfast at the Civic Center on April 26 between 8:00 am and 12 Noon.

Councilman Cronk commended the Grand Gorge Community Action Group on the work they have been doing in Grand Gorge to keep businesses, bring businesses in and keeping the area looking nice.

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

General #109-177 – $57,870.71
Roxb Sewer #19-26 – $29,579.87
Highway #69-109 – $45,987.25
Denv Sewer #30-46 – $29,590.17
Roxb Water #21-28 – $4,121.17
Special Lights #4-6 – $3,865.17
GG Water #21-29 – $11,305.09
Capital Projects:
Denv Water #18-24 – $3,813.22
Kirk. Park Const #4 – $2,130.00

AYES – 4 Murray, Raeder, Cronk, Hynes
NAYS – 0
ABSENT – 1 Hinkley

On motion of Edward Raeder second by Carol Murray the meeting adjourned at 8:18 pm.

THIS IS A TRUE COPY
____________________________________

Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Carol Murray, Councilwoman

Town Board Meeting Agenda - April 14, 2014

ROXBURY TOWN BOARD
Regular Meeting
April 14, 2014
Grand Gorge Civic Center

Call To Order:  7:30 pm

Minutes: March 3rd Regular Meeting

Requests to Speak:

Department Reports:

Water / Sewer
Planning
Building & Grounds
Highway
Assessor
Building Inspector

Community Resources

Old Business

New Business

Letters to the Board:

Discussion from residents

Audits

ISSUES FOR DISCUSSION

• Resolution – Town Clerk monthly Report for March 2014
• Resolution – Supervisor’s monthly Report for February 2014
• Resolution – Assessor’s monthly report for March 2014
• Resolution – Justice Court monthly report for February 2014
• Resolution – Tax Collector monthly report for March 2014
• Resolution – HUD Program funds monthly report for March 2014
• Resolution – Building Inspector monthly report for March 2014
• Resolution – monthly water receipts report for March 2014 (Denver-GG-Roxbury)
• Resolution – appoint 1 more person for CDBG housing program review committee
• Resolution – appoint 1 person to Historic Commission 4/14/14-12/31/16
• Resolution – approve mileage reimbursement for Highway Supt. to attend training
• Resolution – approve reimbursements to Bookkeeper to attend training
• Resolution – agreement with CMS Internet Solutions, Inc. for Town website oversight
• Resolution – Slauson Trailer Park Rd. abandonment
• Resolution – Colonial Drive takeover (if paperwork received)
• Resolution – records destruction list
• 2013 Annual Financial Report – filed with the State and a copy at the Town Clerk’s Office

REMINDER: * Highway Contract expires 12/31/14

* Rodrigues Gravel Contract & Mining Permit expires 8/3/14

ONGOING ISSUES

• Truck lawsuit status

Town Board Approved Minutes - March 3, 2014

APPROVED MINUTES
March 3, 2014

The regular monthly meeting of the Town Board was held March 3, 2014, at 7:30 pm at the Town Hall. Present: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Highway Supt. Stephen Schuman, Assessor Robert Breglio, Parks Clerk Carolynn Faraci and 2 residents.

Motion by Allen Hinkley second by Gene Cronk to approve the Minutes of the February 10, 2014, regular meeting.

AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0

Peg Ellsworth of the M-ARK Project, Inc. was present to update the Town Board on grant and park information stating HUD funds are all spoken for, some funds still remain in the rental rehab program, the Grants Gateway program is underway, the park schedule is progressing, a walking tour is scheduled for June 8th, the Main St. program will be completed in June, signs are being made, the Roxbury Nine ball team may have a schedule this year, will look into new grant funding rounds in July, will look into grant funds for Grand Gorge Methodist Church Parsonage repairs, stated waiting to hear from NYS DOT on the sidewalks and trails project and stated the commercial kitchen project in the basement of the Gold Seal building is still being considered. Carolynn Faraci, Parks Clerk added having been busy booking events and marriages for the park, fees have changed for the use of the pavilion, and the scheduling with school events has been cleared up.

Discussion took place on concerns with having no cell service in the area and its affects on local business. Councilman Hinkley stated he would look into the matter as he is working with companies to get the service here.

Robert Breglio, Assessor, reported taxable status date was March 1st and being busy with last minute STAR and exemption applications and discussed assessments for Grand Gorge Sewer, Mountainside Farms and Verizon.

Discussion took place on the Assessor’s Office still not having on-line access to the RPS system. The Assessor will be meeting with the County Director later this week to check on the status for the turnover. The Town Board expressed displeasure with not having access yet, and, depending on the outcome of the meeting, will determine what further actions need to be taken in order to obtain the access.

Discussion took place on the NYCDEP assessment templates and issues with CWC not funding anymore attorney fees. Attorney Young will contact Attorney Beebe to discuss the concerns.

Stephen Schuman, Highway Supt., reported his road salt is expected to hold out, the repairs to the Dodge truck has been picked up under a Good Will program, expects paperwork on Slauson Trailer Park Rd. abandonment and Colonial Drive takeover to be received in time for the April meeting, and he will be in Albany on March 5th for Legislative Day.

Sealed bids for Highway Material Hauling were advertised and opened on March 3, 2014, at 2:15 pm at the Town Hall. A total of four (4) bids were received and were as follows on a per ton price:

RESOLUTION #17 – AWARD MATERIAL HAULING BID

On motion of Gene Cronk second by Edward Raeder the following resolution was offered and approved:

“RESOLVED, Town Board awards the bid for Highway Material Hauling to the two lowest bidders as follows: Sand Davenport to Carl Schulz Jr. $7.50/ton and Seward Sand & Gravel $7.50/ton; Sand Oneonta to Carl Schulz Jr. $7.90/ton and Seward Sand & Gravel $8.75/ton; Stone & Item 4 Schoharie to Carl Schulz Jr. $7.20/ton and Cobleskill Stone Products $7.25/ton; Stone & Item 4 Middleburgh to Carl Schulz Jr. $7.20/ton and Carver Sand & Gravel $7.10/ton; Stone & Item 4 Ashland to Carl Schulz Jr. $6.75/ton and Carver Sand & Gravel $4.55/ton; Item 4 Lexington to Carl Schulz Jr. $6.75/ton and Cobleskill Stone Products $5.25/ton.”

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

Sealed bids for Highway Fuels were advertised and opened on March 3, 2014, at 2:00 pm at the Town Hall. A total of two (2) bids were received and were as follows on a per gallon basis:

RESOLUTION #18 – AWARD HIGHWAY FUELS BID

On motion of Allen Hinkley second by Carol Murray the following resolution was offered and approved:

“RESOLVED, the Town Board awards the bids for Highway Fuels to Main Care Energy as follows: Diesel Fixed $3.3770/gallon(due to Winter Blend award); Winter Blend Fixed $3.5870/gallon; Gas Fixed $3.2250/gal; and

BE IT FURTHER RESOLVED deliveries shall begin April 1, 2014.”

AYES – 5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS – 0

A letter was received from Delaware County Dept. of Public Works (DC DPW) stating the Committee reviewing the Town’s request to dedicate the County bridge on Cold Spring Road in the memory of Jean Marie Collins has been denied. The Town Board discussed the possibility of dedicating a portion of the road leading to the bridge in Collins’ name.

RESOLUTION #19 – DEDICATE PORTION OF ROAD IN MEMORY OF JEAN MARIE COLLINS

On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:

“RESOLVED, the Town Board approves the dedication of a portion of Cold Spring Rd., specifically from State Hwy 30 to Carroll Hinkley Rd., and will erect a sign stating “In Memory of Jean Marie Collins.”

AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0

The Supervisor and Bookkeeper discussed transferring some highway funds into the equipment reserve fund. If approved, said reserve funds can only be used for that designated purpose.

RESOLUTION #20 – HIGHWAY EQUIPMENT RESERVE FUND

On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:

“WHEREAS, the Town of Roxbury currently has a Highway Equipment Reserve Fund for future highway equipment purchases; and

WHEREAS, Highway had a fund balance at year end;

BE IT RESOLVED, the Town Board approves the transfer of $150,000 from Highway Fund savings to the Highway Equipment Reserve Fund to be used for future highway equipment purchases.”

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

Supv. Hynes reported a clogged sewer line at Roxbury Run Village the cause being stones and branches having been thrown in a manhole. JB Plumbing was brought in to clear the line.

A frozen water line under the road at the Stonebridge residence in Roxbury has been cleared. Discussion took place on the situation arising due to the lateral line not having been installed correctly when the State Highway 30 was changed years ago. The Board agreed the water district will incur the cost to have the lateral line re-run sometime this year.

Two homes water froze due to situations involved with the Lake St. Drainage Project. The contractor has been notified.

A card was received from the Roxbury Sr. Club thanking the Town Board for the $500 they were given per the 2014 Town Budget.

A letter was received from MTC Cable stating subscription rates for cable television and broadband services will increase April 1, 2014 mostly due to increased programming fees.

Councilwoman Carol Murray questioned how things are progressing with the Zoll house in Grand Gorge. Supv. Hynes stated it is under a different bank for foreclosure.

On motion of Gene Cronk second by Carol Murray the Town Board approved the monthly report of the Town Clerk for February 2014 In the amount of $1,202.25 (Town Clerk $172.25 and Building Permits $1,030.00)

AYES – 5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS – 0

On motion of Allen Hinkley second by Edward Raeder the Town Board approved the monthly report of the Assessor for February 2014.

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

On motion of Edward Raeder second by Carol Murray the Town Board approved the monthly report of the Justice Court for January 2014 in the amount of $2,133.00.

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

On motion of Gene Cronk second by Edward Raeder the Town Board approved the monthly report of the Tax Collector for February 2014.

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

On motion of Allen Hinkley second by Edward Raeder the Town Board approved the monthly report of HUD Program Funds for February 2014.

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

On motion of Gene Cronk second by Carol Murray the Town Board approved the monthly report of the Building Inspector for February 2014.

AYES – 5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS – 0

On motion of Carol Murray second by Allen Hinkley the Town Board approved the monthly report of Water District Receipts for February 2014 in the amount of $2,124.54 (Denver $546.90; Grand Gorge $1,090.65 and Roxbury $486.99)

AYES – 5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS – 0

No action was taken on filling the vacancy on the HUD Review Committee.

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

On motion of Edward Raeder second by Gene Cronk the Town Board approved mileage reimbursement to the Assessor Clerk to attend a training course in Hudson.

AYES – 5 Raeder, Cronk, Hinkley, Murray, Hynes
NAYS – 0

On motion of Allen Hinkley second by Edward Raeder the Town Board approved the mileage reimbursement to the Town Clerk to attend four (4) County Town Clerk Association meetings throughout the year in Hamden.

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

Notice has been received from Roxbury Golf Management LLC that they have applied to the NYS Liquor Authority for a new liquor license to operate at the Shepard Hills Golf Course facility.

On motion of Edward Raeder second by Allen Hinkley the Town Board stated having no issues with Roxbury Golf Management LLC’s new application to the NYS Liquor Authority for them to operate out of the Shepard Hills Golf Course facility.

AYES – 5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0

The April meeting of the Town Board will be held April 14, 2014 at 7:30 pm at the Grand Gorge Civic Center.

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

General #81-108 $87,890.18
Roxbury Sewer #11-18 $5,745.74
Highway #44-68 $43,689.76
Denver Sewer #21-29 $6,982.56
Roxbury Water #17-20 $226.99
Capital Projects:
Grand Gorge Water #17-20 $243.38
HUD Program #3 $12,479.00
Denver Water #14-17 $199.61
Other-Lake St Proj $276.59 (CWC pay)

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

The Building Inspector agreement has been signed by all parties.

On motion of Edward Raeder second by Carol Murray the meeting adjourned at 8:47 pm.

THIS IS A TRUE COPY

_____________________________________

Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman

Town Board Meeting Agenda - March 3, 2014

ROXBURY TOWN BOARD
Regular Meeting
March 3, 2014
Town Hall

Call To Order 7:30 pm

Minutes February 10th Regular Meeting

Requests to Speak:

Department Reports:

Water / Sewer
Planning
Building & Grounds
Highway
Assessor
Building Inspector
Community Resources

Old Business

New Business

Letters to the Board:

Delaware Cty. DPW – re: Cold Spring Rd. bridge dedication

Discussion from residents

Audits

ISSUES FOR DISCUSSION

• Resolution – Town Clerk monthly Report for February 2014
• Resolution – Supervisor’s monthly Report for February 2014
• Resolution – Assessor’s monthly report for February 2014
• Resolution – Justice Court monthly report for January 2014
• Resolution – Tax Collector monthly report for February 2014
• Resolution – HUD Program funds monthly report for February 2014
• Resolution – Building Inspector monthly report
• Resolution – monthly water receipts report for February 2014 (Denver-GG-Roxbury)
• Resolution – Highway Fuels Bid
• Resolution – Highway Material Hauling Bid
• Resolution – appoint 1 more person for CDBG housing program review committee
• Resolution – appoint 1 person to Historic Commission 2/10/14-12/31/16
• Resolution – approve mileage reimbursement for Assessor Clerk to attend training
• Resolution – approve mileage reimbursement for Town Clerk to attend County Assn. meetings (4)
• Resolution – Shepard Hills liquor license renewal

REMINDER: *April meeting will be held at the Grand Gorge Civic Center

* Highway Contract expires 12/31/14

* Rodrigues Gravel Contract & Mining Permit expires 8/3/14

ONGOING ISSUES

• Truck lawsuit status

Town Board Minutes - February 10, 2014

APPROVED MINUTES
February 10, 2014

The regular monthly meeting of the Town Board was held February 10, 2014 at 7:30 pm at the Town Hall. Present: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Highway Supt. Stephen Schuman, Attorney Kevin Young and 5 residents. Absent: Parks Clerk Carolynn Faraci,(due to illness) and Building Inspector William Walcutt.

On motion of Gene Cronk second by Allen Hinkley the Town Board approved the Minutes of the January 6, 2014 Organizational Meeting.

AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

Highway Supt. Stephen Schuman expressed concerns with salt price increases as he is almost at the maximum tonnage requested for a certain price. Once exceeded, the price is higher but he feels he should be okay through the end of winter. He also expressed concerns with the Vega Stream in Town. The ice is very thick but worries about melting snow and ice. Emergency measures were discussed. He discussed the repairs on the two 2011 Dodge trucks, the burner on the garage boiler has been repaired where installing a second filter is recommended, attorney Kevin Young will follow up on the Slauson Trailer Park Road issue and it was stated the paperwork has begun on the Colonial Drive road takeover.

A letter was received from Elisabeth Weidmann regarding concerns that she has low water pressure. Pressures in that area seem to be adequate but Supv. Hynes will speak to the Water Supt. again regarding the matter.

Councilman Cronk expressed concerns with the water meters installed in Grand Gorge and Roxbury water districts are busting instead of popping off the freeze plate on the bottom.

The Parks Clerk will give a report at the next Town Board meeting in March.

Evelyn Irwin questioned who incurs the cost of the broken water meters. It was stated because the frost plate didn’t pop off like they’re supposed to the water districts replace the meters. Mrs. Irwin also questioned turning over the radio files to WIOX. It was stated the sale of the station is complete so the Town does not have anything to do with the radio station other than still housing the generator and antennae at the highway garage.

On motion of Edward Raeder second by Carol Murray the Town Board approved the monthly report of the Town Clerk for January 2014 in the amount of $954.75 (Town Clerk $329.75 and Building Inspections $625.00)

AYES – 5 Raeder, Murray, Hinkley, Cronk, Hynes
NAYS – 0

On motion of Allen Hinkley and Carol Murray the Town Board approved the monthly report of the Supervisor for December 2013.

AYES – 5 Hinkley, Murray, Cronk, Raeder, Hynes
NAYS – 0

On motion of Allen Hinkley and Carol Murray the Town Board approved the monthly report of the Supervisor for January 2014.

AYES – 5 Hinkley, Murray, Cronk, Raeder, Hynes
NAYS – 0

On motion of Allen Hinkley second by Gene Cronk the Town Board approved the monthly report of the Assessor for January 2014.

AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0

Regarding items from the Assessor report, discussion took place on concerns of it taking so long for the County Director to turn over the RPS system to the Town for inputting our own data. The matter will be looked into again.

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the monthly report of the Justice Court for December 2013 in the amount of $4,628.50.

AYES – 5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0

On motion of Allen Hinkley second by Edward Raeder the Town Board approved the monthly Report of the Tax Collector for January 2014 where 67.6% of the Town/County taxes have been received.

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

On motion of Carol Murray second by Edward Raeder the Town Board approved the monthly report of Water District receipts for January 2014 in the amount of Denver $2,706.66, Grand Gorge $2,678.83 and Roxbury $5,212.36.

AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0

RESOLUTION #15 – ADVERTISE BIDS FOR HIGHWAY FUELS

On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:

“RESOLVED, the Town Board authorizes the Town Clerk to advertise for sealed bids for Highway Fuels including 10,000 gallons +/- Unleaded Gasoline 87 Octane and 30,000 gallons +/- Diesel Fuel; and

BE IT FURTHER RESOLVED, said bids shall be opened March 3, 2014 at 2:00 pm at the Town Hall with any award to be made at the regular meeting of the Town Board to be held that evening at 7:30 pm.”

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

RESOLUTION #16 – ADVERTISE BIDS FOR HIGHWAY MATERIAL HAULING

On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:

“RESOLVED, the Town Board authorizes the Town Clerk to advertise for sealed bids for Highway Material Hauling; and

BE IT FURTHER RESOLVED, said bids shall be opened March 3, 2014 at 2:15 pm at the Town Hall with any award to be made at the regular meeting of the Town Board to be held that evening at 7:30 pm.”

AYES – 5 Raeder, Cronk, Hinkley, Murray, Hynes
NAYS – 0

No action was taken on appointing one more person to the vacancy on the HUD review committee.

No action was taken on appointing one person to fill the vacancy on the Historic Preservation Commission.

On motion of Allen Hinkley second by Edward Raeder the Town Board approved WIOX Radio Station’s Quarterly Report #4-2013.

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

On motion of Gene Cronk second by Carol Murray the Town Board approved the renewal of the Junkyard License issued to Martin Hagerott (dba Marty Built, Inc) located at 565 Charcoal Rd. for the period April 1, 2014 – March 31, 2015.

AYES – 5 Cronk, Murray, Hinkley, Raeder, Hynes
NAYS – 0

At the January 6, 2014 meeting the Town Board re-appointed Jean Stone to another five year term on the Planning Board. Mrs. Stone did not take the Oath of Office within 30 days.

On motion of Allen Hinkley second by Gene Cronk the Town Board re-appointed Jean Stone to the Planning Board for a term 2/10/14-12/31/18.

AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0

On motion of Allen Hinkley second by Gene Cronk the Town Board directed the Town Clerk to release the WIOX Radio Station Public Files to WIOX/WSKG as the license has now been transferred to them.

AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0

An updated Highway Equipment list was distributed to the Town Board.

Planning Board training hours through 12/31/13 was distributed to the Town Board.

A reminder was given that the next meeting of the Town Board will be held March 3, 2014 at 7:30 pm at the Town Hall.

On motion of Carol Murray second by Allen Hinkley the Town Board approved the monthly report of the Building Inspector for the period November 2013 – January 2014.

AYES – 5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS – 0

Motion to go into Executive Session to discuss the Code Enforcement Officer’s independent contractor contract. He has requested some modifications to his independent contractor’s agreement. The issue involves a personnel issue and should be addressed in Executive Session.

On motion of Allen Hinkley second by Gene Cronk the Town Board (Hynes, Cronk, Raeder, Hinkley and Murray) and Town Attorney Kevin Young went into Executive session at 8:02 pm.

On motion of Gene Cronk second by Edward Raeder the Town Board and Town Attorney came out of Executive Session at 8:20 pm. In Executive Session, the Town Board agreed that it was always their intent to reimburse for mileage and not reimburse for training. The Town Board is not changing its offer.

The Town Clerk discussed the possibility of Sewer Clerk payment as budgeted in the Roxbury and Denver Sewer budgets for administration. The attorney will draft an agreement as the sewers are subsidized by NYCDEP.

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

General #19-80 $73,799.76
Denver Sewer #3-20 $30,512.90
Highway #10-43 $82,177.33
Special Lights #2-3 $5,813.90
Roxbury Water #3-16 $4,358.24
Capital Proj:
Grand Gorge Water #3-16 $4,952.22
HUD Program #2 $20,189.00
Denver Water #2-13 $11,501.70
Other:
Roxbury Sewer #3-10 $13,080.03
Lake St. Project $405,589.74

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

Discussion took place on the condition of Reed’s Hotel. The Town Board has not heard anything or seen anything done since the contractor met with the Town Board last fall. The Town Board requested a letter be sent. Supv. Hynes will contact the contractor to discuss the matter.

On motion of Allen Hinkley second by Gene Cronk the meeting adjourned at 8:30 pm.

THIS IS A TRUE COPY

___________________________________

Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman

Town Board Agenda - February 10, 2014

ROXBURY TOWN BOARD
Organizational Meeting
February 10, 2014
Town Hall

Call To Order

7:30 pm

Minutes

January 6th Organizational Meeting

Requests to Speak

Department Reports

Water / Sewer
Planning
Building & Grounds
Highway
Assessor
Building Inspector
Community Resources

Old Business

New Business

Letters to the Board

Elisabeth Weidmann – water issues

Discussion from residents

Audits

ISSUES FOR DISCUSSION

• Resolution – Town Clerk monthly Report for January 2014
• Resolution – Supervisor’s monthly Report for December 2013
• Resolution – Supervisor’s monthly report for January 2013
• Resolution – Assessor’s monthly report for January 2014
• Resolution – Justice Court monthly report for December 2013
• Resolution – Building Inspector monthly report (Nov 2013 – Jan 2014)
• Resolution – monthly water receipts report for January 2014 (Denver-GG-Roxbury)
• Resolution – advertise for bids for Highway Fuels open March 3rd @ 2:00 pm
• Resolution – advertise for bids for Highway Material Hauling open March 3rd @ 2:15 pm
• Resolution – appoint 1 more person for CDBG housing program review committee
• Resolution – appoint 1 person to Historic Commission 2/10/14-12/31/16
• Resolution – WIOX Radio 4th Qtr -2013 Report
• Resolution – Marty Built junkyard license renewal
• Resolution – re-appoint Jean Stone to Planning Board
• Resolution – turn over Radio Station Public File to WIOX Station
• Updated Highway Equipment List distributed to Town Board
• Planning Board training hours as of 12/31/13 distributed to Town Board

REMINDER – March meeting is March 3rd

REMINDER – Highway Contract expires 12/31/14

ONGOING ISSUES

• Truck lawsuit status

Town Board Approved Minutes - January 6, 2014

APPROVED MINUTES
January 6, 2014

The Town of Roxbury Organizational Meeting was held January 6, 2014 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Highway Supt. Stephen Schuman, Building Inspector William Walcutt Town Attorney Kevin Young and one residents. Absent: Town Clerk Diane Pickett

On motion of Edward Raeder second by Allen Hinkley the Minutes of the December 9, 2013 and December 27, 2013 year end meeting were approved.

AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

Executed the Oath of Office and Undertaking by Supervisor-Thomas Hynes, Councilmen – Gene Cronk & Allen Hinkley, Attorney – Kevin Young

Hwy. Supt. Stephen Schuman reported that the salt is cheaper this year than last. The new equipment is here and working fine. They are having a problem with the roads because of the warming temperatures making the roads soft and then freezing.

Community Resources Margaret Ellsworth Reported that a letter to the state CGBG letter for request for drawn down of fund. There are three more slots open for community members to participate in the program. Roxbury Main Street project will have a draw down in June. This program is helping the Old Pharmacy Building and Roxbury Wine & Spirits. There will be reimbursement for the bridge repair in Kirkside Park. They have eight hundred bulbs left to plant

Doug Kadow will not seek another term on the Historic Preservation Committee. Phil Lenihan would like to continue with his position on the Historic Preservation Committee.

Building Inspector William Walcutt stated there were 65 permits issued in 2013. No monthly written report received.

Lake Street Project will be closing down for the winter. They will be fixing the driveway at 53654 State Highway 30.

Radio Station water meter broke and was replaced on January 4, 2014

Thomas Hynes will be talking with Jim Eisel about the Town of Roxbury inputting their own information in thru the Assessor’s office.

RESOLUTION #1– TOWN BOARD MEETING SCHEDULE

On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:

“RESOLVED the Town Board for the year 2014 will meet the second Monday of each month for their Regular Monthly Meeting, except for January when they shall meet January 6, 2014 and except for March when they shall meet March 3, 2014 except for November when they shall meet on November 6, 2014. All meetings will begin at 7:30 pm and will be held at the Town Hall, 53690 State Hwy 30, Roxbury, NY except for April and August when they will meet at the Grand Gorge Civic Center, 60933 State Hwy. 30, Grand Gorge, NY.”

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

RESOLUTION #2– PLANNING BOARD MEETING SCHEDULE

On motion of Edward Raeder second by Gene Cronk the following resolution was offered and adopted:

“RESOLVED the Planning Board for the year 2014 will meet the third Wednesdays of each month for their Regular Monthly Meeting. All meetings shall begin at 7:30 pm and will be held at the Town Hall, 53690 State Hwy. 30, Roxbury, NY.”

AYES – 5 Raeder, Cronk, Hinkley, Murray, Hynes
NAYS – 0

RESOLUTION #3– HISTORIC COMMISSION MEETING SCHEDULE

On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:

“RESOLVED the Historic Preservation Commission for the year 2014 will hold meetings the third Mondays of the month at 7:00 pm at the Town Hall for their Regular Monthly Meeting.”

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

RESOLUTION #4 – APPOINTMENTS AND COMMITTEES

On motion of Gene Cronk second by Edward Raeder the following resolution was offered and approved:

RESOLVED the Town Board approves the following appointments and committees for the year 2014:

POSITION NAME TERM

Budget Officer: Carolynn J. Faraci 1/1/14-12/31/14
Assessor Clerk: Stephanie Seminara 1/1/14-12/31/14
Justice Clerk: Sandra Rockwell 1/1/14-12/31/14
Town Historian: Anthony Liberatore 1/1/14-12/31/14
Constable: Stephen Williamson 1/1/14-12/31/14
Dog Control Officer: Verna Dietrich 1/1/14-12/31/14
Attorney for the Town: Kevin Young 1/1/14-12/31/14
Water Clerk – 3 water districts Diane Pickett 1/1/14-12/31/14
Health Officer: Daniel Sullivan 1/1/14-12/31/14
School Crossing Guard: Sara Cronk 1/1/14-12/31/14
CRC Representative: Joseph Farleigh 1/1/14-12/31/14

COMMITTEES 1/1/14-12/31/14

Highway: Edward Raeder & Gene Cronk 1/1/14-12/31/14
Water: Carol Murray & Gene Cronk 1/1/14-12/31/14
Personnel: Carol Murray & Allen Hinkley 1/1/14-12/31/14
Building & Grounds: Gene Cronk & Allen Hinkley 1/1/14-12/31/14
Civic Center: Edward Raeder & Thomas Hynes 1/1/14-12/31/14
Kirkside Park: Allen Hinkley & Edward Raeder 1/1/14-12/31/14

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

RESOLUTION #5– PROCUREMENT POLICY

On motion of Allen Hinkley second by Edward Raeder the following resolution was reviewed and adopted for 2014

AYE- 5 Hinkley, Raeder, Cronk Murray, Hynes
NAYS – 0

RESOLUTION #6– INVESTMENT POLICY

On motion of Allen Hinkley second by Edward Raeder the Town Board adopted an Investment Policy for Town funds for the year 2014.

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

RESOLUTION #7 OFFICIAL UNDERTAKING

On motion of Gene Cronk second by Edward Raeder the following resolution was offered and approved:

“RESOLVED the Town Board approves the Official Undertaking of elected and appointed positions as to its form and manner of execution and the sufficiency of the insurance, as surety as prepared for the Town of Roxbury for 2014”

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

On motion of Gene Cronk second by Edward Raeder the Town Board approved the Town Supervisor’s appointment of Carolynn J. Faraci as Supervisor Bookkeeper for the term 1/1/14-12/31/14.

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

On motion of Allen Hinkley second by Gene Cronk the Town Board approved the Town Supervisor’s appointment of Edward Raeder as Deputy Supervisor for the term 1/1/14-12/31/14.

AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0

On motion of Gene Cronk second by Edward Raeder the Town Board approved the Town Clerk’s appointment of Carolynn J. Faraci as Deputy Town Clerk #1 for the term 1/1/14-12/31/14.

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

On motion of Gene Cronk second by Edward Raeder the Town Board approved the Highway Supt.’s appointment of William Sprague as Deputy Hwy. Supt. for the term

1/1/14-12/31/14.

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

On motion of Gene Cronk second by Allen Hinkley the Town Board designates the Town Supervisor and Deputy Supervisor as official check signers for the year 2014.

AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

RESOLUTION #8 SEXUAL HARASSMENT POLICY

On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:

WHEREAS, the Town Board has reviewed the Sexual Harassment Policy;

NOW, THEREFORE BE IT RESOLVED the Town Board approves the continued use of the Sexual Harassment Policy on file until such time as the Town Board amends said policy.”

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

RESOLUTION #9– PRIVACY NOTIFICATION POLICY

On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:

“WHEREAS, on December 9, 2013 the Town Clerk distributed to the Town Board a copy of the current Privacy Notification Policy on file at the Town Clerk’s Office, adopted March 13, 2006,; and

WHEREAS, the Town Board has reviewed the Privacy Notification Policy;

NOW, THEREFORE BE IT RESOLVED, the Town Board approves the use of the current Privacy Notification Policy on file for the year 2014.”

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

RESOLUTION #10– WORKPLACE VIOLENCE PREVENTION POLICY

On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:

“WHEREAS, on December 9, 2013 the Town Clerk distributed to the Town Board a copy of the current Workplace Violence Prevention Policy on file at the Town Clerk’s Office, adopted October 12, 2009; and

WHEREAS, the Town Board has reviewed the Workplace Violence Prevention Policy;

NOW, THEREFORE, BE IT RESOLVED the Town Board approves the use of the Workplace Violence Prevention Policy for the year 2014; and

BE IT FURTHER RESOLVED, The Town Board directs the Town Clerk to distribute the Policy to all employees and approves signed confirmation from all employees that they have received and reviewed said policy to be in lieu of conducting formal annual training on said Policy.”

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

RESOLUTION #11– CODE OF ETHICS

On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:

“WHEREAS, on December 9, 2013 the Town Clerk distributed to the Town Board a copy of the current Code of Ethics on file at the Town Clerk’s Office, adopted on October 13, 2003; and

WHEREAS, the Town Board has reviewed the Code of Ethics;

NOW, THEREFORE, BE IT RESOLVED the Town Board approves the use of the current Code of Ethics for the year 2014.”

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

RESOLUTION #12 THE ADOPTION OF THE REVISED TOWN OF ROXBURY EMPLOYEE HANDBOOK

On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:

“WHEREAS, on December 9, 2013 the Town Clerk Distributed to the Town Board a copy of the Draft revised Employee Handbook and

“WHEREAS, the Town Board additionally amends Section 806 Health Insurance in the draft to read the same as Article XIII Health insurance in the Roxbury Highway Worker’s Association Contract,

“WHEREAS, the Town of Roxbury adopted the revised with amendments “Town of Roxbury Employee Handbook” on January 6, 2014; and

“WHEREAS, the Town Board determined that it is in the best interest of the Town to request that the Town’s Attorney review the Employee Handbook that was previously adopted in 2004 and to advise of any revisions necessary to assure that the Town of Roxbury’s employee policies are up to date and in compliance with all relevant laws; and

“WHEREAS, the Town’s Attorney has prepared a revised Employee Handbook that the Town Board has reviewed and believes represents a relevant updated version

“WHEREAS, the Town Board finds that adoption of the revised Employee Handbook is in the best interests of the Town.

THEREFORE, NOW BE IT RESOLVED THAT:

That the Town Board hereby adopts the revised with amendments Town of Roxbury Employee Handbook for the year of 2014 and

That each of the Town’s employees will be provided with a copy of the revised Employee Handbook and will be required to execute the Acknowledgment Form that will be filed with the Town Clerk.

AYES – 5 Hinkley, Murray, Cronk, Raeder, Hynes
NAYS -0

The Town Board requested that the Town Attorney Kevin Young to review the Police Policy

On motion of Edward Raeder second by Carol Murray the Town Board approved Atlantic-Inland of Cortland as Fire Inspector for Town business for the year 2014.

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

On motion of Gene Cronk second by Allen Hinkley the Town Board approved Catskill Mountain News official newspaper for Town business for the year 2014.

AYES – 5 Cronk, Hinkley, Murray, Raeder, Hynes
NAYS – 0

On motion of Carol Murray second by Edward Raeder the Town Board approved NBT Bank N.A. and National Bank of Delaware County for Town business for the year 2014.

AYES -5 Murray, Raeder, Cronk Hinkley, Hynes
NAYS – 0

On motion of Allen Hinkley second by Edward Raeder the Town Board approved Mostert, Manzanero & Scott, LLP as Town CPA’s for Tow Business for the year 2014.

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

On motion of Edward Raeder second by Allen Hinkley the Town Board approved a mileage rate of $.56 mile for employees using their own vehicle for Town business for the year 2014.

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

On motion of Gene Cronk second by Carol Murray the Town Board approved the payment of $150 each to the Ralph S. Ives and Earl B. Dudley American Legion Posts for parades for the year 2014 as approved in the budget.

AYES – Cronk, Murray, Hinkley, Raeder, Hynes
NAYS – 0

On motion of Edward Raeder second by Carol Murray the Town Board approved payment of $300 rent to the Roxbury Fire District as a polling site for the year 2014 as approved in the budget.

AYES – 4 Raeder, Murray, Cronk, Hynes
NAYS – 0
ABSTAIN – 1 Hinkley

On motion of Carol Murray second by Edward Raeder the Town Board approved the payment of $11,000 to the Roxbury Library for the year 2014 as approved in the budget.

AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0

On motion of Gene Cronk second by Edward Raeder the Town Board approved the payment of $150.00 each to Roxbury & Grand Gorge Senior Clubs for the year 2014 as approved in the budget.

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

On motion of Carol Murray second by Edward Raeder the Town Board approved the Town Clerk’s monthly report for December 2013 in the amount of $1,104.15 (Town Clerk $454.15 and Building Permits $650.00)

AYES – 5 Murray, Raeder, Hinkley, Cronk, Hynes
NAYS – 0

On motion of Allen Hinkley second by Gene Cronk the Town Board approved the Supervisor’s monthly report for November 2013.

AYES – 5 Hinkley, Cronk, Murray, Raeder, Hynes
NAYS – 0

On motion of Edward Raeder second by Gene Cronk the Town Board approved the Assessor’s monthly report for December 2013.

AYES – 5 Raeder, Cronk, Hinkley, Murray, Hynes
NAYS – 0

On motion of Carol Murray second by Edward Raeder the Town Board approved the Justice monthly report for November 2013 in the amount of $5,091.00

AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the monthly water receipts for December 2013 (Denver $152.30, Grand Gorge $449.33, Roxbury $96.69)

AYES -5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the contract and payment of $3,500 to Delaware County Planning Dept. for services in the year 2014.

AYES – 5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0

On motion of Allen Hinkley second by Gene Cronk the Town Board approved the re-appointment of Phil Lenihan to the Historic Commission 1/1/14 – 12/31/16.

AYES – 5 Hinkley, Cronk, Murray, Raeder, Hynes
NAYS – 0

RESOLUTION #13 APPOINTMENT OF COMMUNITY RESOURCE CLERK

“WHEREAS, Carolynn J Faraci currently holds the part-time positions with the Town as Bookkeeper, Deputy Town Clerk #1, Budget Officer and Deputy Registrar; and

WHEREAS, The Town Board appoints Carolynn J Faraci as Community Resource Clerk @ $12.00 per hour;

Now, therefore be it Resolved with the additional appointment as Community Resource Clerk the Town Board deems her to be a full time employee with benefits

On motion of Gene Cronk second by Allen Hinkley the Town Board approved the appointment of Carolynn J Faraci to Community Resources Clerk 1/1/14 – 12/31/14.

AYES – 5 Cronk, Hinkley, Murray, Raeder, Hynes
NAYS – 0

The Town Clerk distributed the 2013 open building permit list to the Town Board and a copy of the 2013 building permit summary and revenues.

The Town Clerk distributed the 2013 list of highway equipment to the Town Board.

The Town Clerk distributed the 2013 Annual Report of Town Clerk’s receipts/disbursement to the Town Board.

Supervisor Hynes requested and Executive Session on motion of Gene Cronk second by Edward Raeder the Town Board went into Executive session to discuss the Building Inspector Employment Agreement at 8:25 pm.

Present in Executive session; Thomas Hynes-Supervisor, Carol Murray-Councilwoman, Edward Raeder-Councilman, Gene Cronk-Councilman, Allen Hinkley-Councilman, & Kevin Young-Town Attorney. The Deputy Town Clerk was not invited into Executive session.

RESOLUTION #14 IN CONNECTION WITH THE EXECUTION OF THE CONSULTANT CONTRACT FOR CODE ENFORCEMENT OFFICE SERVICES TO BE PERFORMED BY WILLIAM WALCUTT

On motion by Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:

“WHEREAS, in January of 2012, the Town of Roxbury entered into an Employment Contract with William Walcutt for the position of Code Enforcement Officer (“CEO”) for the Town; and

“WHEREAS, as the date of this Town Board meeting, the Town Board has determined that it is in the best interest of the Town to continue to maintain William Walcutt in the position of CEO as a Town Employee until January 31, 2014 and, thereafter, to offer William Walcutt the position of CEO as a Consultant, rather than an Employee, effective February 1, 2014; and

“WHEREAS, since the office of the Building Inspector is a highly visible aspect of local government in which conduct and consistency are extremely important, William Walcutt, as Consultant CEO will continue to be required to comply with the Town’s Employee Handbook on Code of Ethics; and

“WHEREAS, the Town Board has directed the Town Attorney to prepare a Consulting Agreement subject to the approval of the Town Board and William Walcutt; and

“WHEREAS, this Resolution was discussed and passed in Executive Session because it is a personnel issue; and

THEREFORE, NOW BE IT RESOLVED THAT:

That the Town Board hereby directs the Town Attorney to prepare a Consulting Agreement for the Town Board and William Walcutt to review and execute upon mutual approval of the agreement.

That the town board hereby appoints William Walcott as code enforcement officer subject to the conditions set forth in this resolution

AYES – 4 Cronk, Hinkley, Murray, Raeder
NAYS -1 Hynes

On motion by Edward Raeder second by Carol Murray meeting call back to order at 9:15 pm from Executive session.

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

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

General #1-18 $13,904.81 Roxbury Sewer #1-2 $17,601.26
Highway #1-9 $118,241.75 Denver Sewer #1-2 $651.57
Roxbury Water #1-2 $1,951.30 Capital Projects: $23,120.00
Grand Gorge Water #1-2 $2,158.67 Special Light Districts#1 $27.07
Denver Water #1 $281.05

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

On motion of Edward Raeder second by Carol Murray the meeting adjourned at 9:26 pm.

AYES- 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

THIS IS A TRUE COPY
_______________________________________________

Carolynn J Faraci, Deputy Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman

Notice - 2014 Town Board Meeting Schedule

NOTICE

Notice is hereby given that the Town Board, Town of Roxbury, Delaware County, New York, for the year 2014 will meet the second Monday of each month for their Regular Monthly Meeting, except for January when they shall meet on January 6, 2014 and except for March when they shall meet on March 3, 2014 and except for November when they shall meet on November 6, 2014. All meetings will begin at 7:30 pm and will be held at the Town Hall, 53690 State Hwy 30, Roxbury, NY except for April and August when they will meet at the Grand Gorge Civic Center, 60933 State Hwy. 30, Grand Gorge, NY.

By Order of the Town Board
Diane Pickett, Town Clerk
Dated: Jan. 6, 2014

1/2/14 Town Board Organizational Meeting Agenda

ROXBURY TOWN BOARD
Organizational Meeting
January 2, 2014
Town Hall

Call To Order 7:30 pm

1st Order of Business Take Oath of Office (Supv & Councilmen)

Minutes December 9th Regular meeting

December 27th Special Meeting

Requests to Speak:

Department Reports: Water / Sewer
Planning
Building & Grounds
Highway
Assessor
Building Inspector
Community Resources
Old Business
New Business
Letters to the Board:
Discussion from residents
Audits

ISSUES FOR DISCUSSION

• Resolution – Appointments & Committees
• Resolution –Supervisor’s appointment of Deputy Supervisor
• Resolution –Supervisor’s appointment of Bookkeeper
• Resolution –Hwy. Supt. appointment of Deputy Hwy. Supt.
• Resolution –Town Clerk appointment of Deputy Town Clerk #1
• Resolution – Official undertaking manner and verbiage for elected / appointed officials
• Resolution – Town Board Meeting schedule for 2014 @ 7:30 pm (2nd Monday’s, March change to _________, April & August @ Civic Center, November meeting is Nov 6th Thursday after Election Day)
• Resolution – Planning Board Meeting Schedule for 2014 (3rd Wednesdays) @ 7:30 pm
• Resolution – Historic Commission Meeting schedule for 2014 (3rd Mondays) @ 7:00 pm
• Resolution –Procurement Policy reviewed and re-adopt or changes needed
• Resolution – Investment Policy reviewed and re-adopt or changes needed
• Resolution –t Sexual Harassment Policy reviewed and re-adopt or changes needed
• Resolution – Computer Use Policy reviewed and re-adopt or changes needed
• Resolution –Local Privacy Notification Policy reviewed and re-adopt or changes needed
• Resolution –Code of Ethics reviewed and re-adopt or changes needed
• Resolution –Workplace Violence Prevention Policy reviewed and re-adopt or changes needed
• Resolution – revised Employee Handbook reviewed and adopt or further changes needed
• Resolution –Police Policy reviewed and re-adopt or changes needed
• Resolution – designate Town Supervisor and Deputy Supv. as check signers
• Resolution –Atlantic-Inland of Cortland as Fire Inspector
• Resolution –Catskill Mountain News official newspaper
• Resolution –NBT Bank N.A. and National Bank of Delaware County for banking
• Resolution –Mostert, Manzanero & Scott, LLP as Town CPA’s
• Resolution – Mileage Rate $______
• Resolution – payment to Legion Posts $150 each as budgeted
• Resolution – payment to Roxbury Fire District for polling site $300 as budgeted
• Resolution – payment to Roxbury Library $11,000 as budgeted
• Resolution – payment to Roxbury & GG Sr. Clubs $150 each as budgeted
• Resolution – Building Inspector agreement
• Resolution – Town Clerk monthly Report for December 2013
• Resolution – Supervisor’s monthly Report for November 2013
• Resolution – Assessor’s monthly report for December 2013
• Resolution – Building Inspector monthly report
• Resolution – monthly water receipts report for December 2013 (Denver-GG-Roxb)
• Resolution – appoint 1 more person for CDBG housing program review committee
• Resolution –Delaware County Planning Dept. contract for 2014 in the amount of $3,500
• Resolution – appoint 2 to Historic Commission 1/1/14-12/31/16
• Planning Board training hours as of 12/31/13 distributed to Town Board
• Town Clerk Annual Report of receipts for 2013 distributed to Town Board
• Highway Equipment List distributed to Town Board
• Open Building Permit list thru 12/31/13 distributed to Town Board

REMINDER – Highway Contract expires 12/31/14

ONGOING ISSUES

• Truck lawsuit status

12/27/13 Town Board Special Meeting - Approved Minutes

December 27, 2013

A Special Meeting of the Town Board was advertised and held December 27, 2013 at 4:00 pm at the Town Hall for the purpose of concluding all business for the year 2013. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Highway Supt. Stephen Schuman and 2 residents. Absent: Attorney Kevin Young.

Hwy. Supt. Stephen Schuman stated they are dealing with roads that have heaved and are soft from the fluctuation in temperatures.

A letter was received from Patricia Davis, dated Dec. 13, 2013, regarding the Zoll house located at 36780 State Hwy 23 in Grand Gorge. Mrs. Davis expressed concerns with both it’s structural condition and animal inhabitation and requested a report of the Building Inspector’s evaluation of the house per the Town Health Officer’s inspection in August. The house is still showing as owned by the Zoll’s, and as far as is known by the Town, has not undergone foreclosure proceedings. Supv. Hynes will check with the Town Attorney on what options are available to the Town.

At the November 7, 2013 Town Board meeting, the Town Board approved the unpaid water amounts for Denver, Grand Gorge and Roxbury Water Districts that were to go on the taxes, however, the resolution was mistakenly omitted from the Minutes of said meeting.
RESOLUTION #86 – UNPAID WATER TO TAXES

On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:

“RESOLVED, the Town Board approves the following unpaid water amounts to be placed on the 2014 tax bills: Denver Water $1,674.84; Grand Gorge Water $6,377.30; Roxbury Water $3,960.50.

AYES – 5 Hinkley, Murray, Cronk, Raeder, Hynes
NAYS – 0

RESOLUTION #87 – RE-APPOINT STONE TO PLANNING BOARD

On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:

“RESOLVED, the Town Board re-appointed Jean Stone to a five year term on the Town Planning Board, said term to be 1/1/14-12/31/18.”

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

On motion of Carol Murray second by Allen Hinkley the Town Board approved the monthly report of the Justice Court for November 2013 in the amount of $5,091.00.

AYES – 5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS – 0

Supv. Hynes reported that only Justice Gockel will available at court for January & February.

RESOLUTION #88 – FINAL BUDGET TRANSFERS AND AMENDMENTS

On motion of Gene Cronk second by Edward Reader the following resolution was offered and adopted:

“RESOLVED, the Town Board approves final budget transfers and amendments for the year 2013.”

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

Michael Sheehan questioned why the Town Board is possibly thinking of not renewing the Building Inspector’s agreement. Supv. Hynes stated that there are several factors involved and since it is a personnel issue it will be discussed in executive session and any decisions will be stated after executive session.

On motion of Allen Hinkley second by Gene Cronk the Town Board went into Executive Session at 4:15 pm to discuss a personnel matter involving the Building Inspector agreement. Present were: Supv. Hynes and Councilmen Cronk, Raeder, Hinkley and Murray.

The Town Board returned to the special meeting at 4:32 pm on motion of Gene Cronk second by Allen Hinkley.

It was stated that the decision of the Town Board is to wait until the Organizational Meeting when the Town Attorney is present to make any further decisions on the Building Inspector agreement.

Carolynn Faraci, Bookkeeper, informed the Town Board she has had to book the Building Inspector’s unpaid health insurance premium as a receivable every month and will have to bring it into the new year as a receivable if not paid to the Town by 12/31/13 and the accountants do not like to see that happen.

Mrs. Faraci was also asked if she would be interested in assuming the Community Resource Clerk position to which she stated she would.

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

General #546-568 – $12,798.88

Highway #284-298 – $41,922.96

Roxbury Water #100-102 – $159.97

Grand Gorge Water#110-114 – $2,382.71

Denver Water #88-93 – $573.38

Roxbury Sewer #103-106 – $1,632.92

Denver Sewer #128-133 – $1,702.09

Special Lights #18 – $2,217.19

Other-Lake St Project – $923.74

AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0

A reminder was given that the Organizational Meeting will be held January 2, 2014 at 7:30 pm at the Town Hall.

On motion of Edward Raeder second by Allen Hinkley the meeting adjourned at 4:37 pm.

THIS IS A TRUE COPY
___________________________________________

Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman

Town Board Approved Minutes - December 9, 2013

UNAPPROVED MINUTES

Two Public Hearings and the regular meeting of the Town Board were held December 9, 2013 at 7:00 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Highway Supt. Stephen Schuman, Attorney Kevin Young and 4 residents.

The Public Hearing on Margaretville Telephone Company’s (MTC) request for easement was called to order at 7:00 pm. The notice calling for the hearing was read. Glenn Faulkner of MTC corrected the notice that with this easement MTC would allow the Town government buildings free cable and internet service not free telephone. There were no comments from the public.

The hearing closed at 7:10 pm.

The Public Hearing on Margaretville Telephone Company’s (MTC) franchise renewal was called to order at 7:15 pm. The notice calling for the hearing was read. Attorney Young discussed two points of concern in the renewal both of which Glen Faulkner of MTC stated being amenable with to change. There were no comments from the public.

The hearing closed at 7:22 pm.

The regular meeting was called to order at 7:30 pm.

On motion of Gene Cronk second by Allen Hinkley the Minutes of the November 7th, 2013 meeting were approved.

AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

Glenn Faulkner discussed the MTC Franchise renewal stating after approval by Town Board it is sent to the Public Service Commission for approval which will take approximately 60 to 90 days.

RESOLUTION #83 – RESOLUTION AUTHORIZING THE RENEWAL OF THE TOWN OF ROXBURY’S CABLE TELEVISION FRANCHISE AGREEMENT WITH “HEART OF THE CATSKILLS COMMUNICATIONS, INC.” (DBA MTC CABLE) AFTER PUBLIC HEARING

On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:

“WHEREAS, on November 7, 2013, the Town Board of the Town of Roxbury, New York (the “Town”), duly adopted a resolution to consider Margaretville Telephone Company’s (“MTC”) request for renewal of its Cable Television Franchise Agreement with the Town of Roxbury and specifying that said Town Board shall meet at the Town Hall, Town of Roxbury, New York on the 9th day of December, 2013, for the purpose of conducting a public hearing on the MTC’s proposal and to hear all persons interested in the subject thereof concerning the same. The proposed Franchise Agreement and supporting documentation to be placed in the Town Clerk’s office and made available for public inspection;

WHEREAS, notice of the Public Hearing were duly published and posted according to law, and said Town Board did at, the time and place specified in said notice, duly meet and consider such proposal and heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and

WHEREAS, the evidence offered at such time and place requires that the Town Board make the determinations hereinafter made.

NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows:

(1)The notice of hearing was published and posted as required by law; and

(2)The hearing was held pursuant to the requirements of the New York State Public Service Commission; and

(3) It is in the public interest to accept the Margaretville Telephone Company’s Request for renewal of the Cable Television Franchise Agreement with the Town of Roxbury.”

Whereupon, the Resolution was put to a vote, recorded as follows:

AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0

RESOLUTION #84 – RESOLUTION FOR SALE OF EASEMENT TO MARGARETVILLE TELEPHONE COMPANY AFTER PUBLIC HEARING

On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:

“WHEREAS, on November 7, 2013, the Town Board of the Town of Roxbury, New York (the “Town”), duly adopted a resolution to consider the “Request for Easement” submitted by the Margaretville Telephone Company and specifying that said Town Board shall meet at the Town Hall, Town of Roxbury, New York on the 9th day of December, 2013, for the purpose of conducting a public hearing on the Margaretville Telephone Company’s proposal and to hear all persons interested in the subject thereof concerning the same. The “Request for Easement” and supporting documentation to be placed in the Town Clerk’s office and made available for public inspection;

WHEREAS, notice of the Public Hearing were duly published and posted according to law, and said Town Board did at, the time and place specified in said notice, duly meet and consider such proposal and heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and

WHEREAS, the evidence offered at such time and place requires that the Town Board make the determinations hereinafter made;

NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows:

(1) The notice of hearing was published and posted as required by law and is otherwise sufficient; and

(2) It is in the public interest to accept the Margaretville Telephone Company’s Request for Easement as part of a project to expand broadband service within the Town of Roxbury; and

(3) It is in the public interest to accept the Margaretville Telephone Company’s Request for Easement that includes the provision of free internet and cable services to the Town of Roxbury Government Facilities, and be it

FURTHER RESOLVED, that this resolution is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law 209-e(3).”

Whereupon, the Resolution was put to a vote, recorded as follows:

AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0

Stephen Schuman, Hwy Supt. gave status of work, truck repairs and discussed Highway Law Article 8 Section 207 regarding abandoning a Town road back to the owner. Attorney Young will look into the matter. Councilman Raeder requested repair of a pothole at the Civic Center.

Discussion took place on filling the vacancy on the Planning Board. Councilmen Raeder and Murray requested the appointment of Melony Lee.

On motion of Edward Raeder second by Carol Murray the Town Board approved the appointment of Melony Lee to the Planning Board to fill the vacancy with said term expiring 12/31/15.

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

Supv. Hynes stated the hydrant by Hinkley Electric will be removed and used elsewhere in the water district, all hydrants in the Grand Gorge and Roxbury water districts will be checked for operation and a leak will be repaired near the Grand Gorge Country Store.

No report was received from the Parks Dept. Peg Ellsworth will attend the year end meeting.

Discussion took place on the letter received from the Town Health Inspector, Dan Sullivan regarding living conditions and dog issues in Grand Gorge.

Evelyn Irwin questioned the status of the radio station sale. It was stated the Town has signed all the paperwork now it is up to the FCC to approve the transfer of the license which could take several months.

The Personnel Committee (Councilmen Hinkley and Murray) have requested the changes for the Employee Handbnok be tabled until the January Organizational meeting.

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the monthly report of the Town Clerk for November 2013 in the amount of $2,629.50 (Town Clerk $1,839.50 and Building Inspector $790.00)

AYES – 5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0

On motion of Carol Murray second by Allen Hinkley the Town Board approved the monthly report of the Supervisor for October 2013.

AYES – 5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS – 0

On motion of Gene Cronk second by Edward Raeder the Town Board approved the monthly report of the Assessor for November 2013.

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

No monthly report was received from the Building Inspector.

On motion of Carol Murray second by Allen Hinkley the Town Board approved the monthly report of receipts for the Water Districts as follows: Denver Water $457.38; Grand Gorge Water $590.79 and Roxbury Water $763.41.

AYES – 5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS – 0

On motion of Edward Raeder second by Allen Hinkley the Town Board approved the monthly report of the Justice Court for October 2013 in the amount of $4,579.50.

AYES – 5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0

RESOLUTION #85 – SCHEDULE YEAR END MEETING AND ORGANIZATIONAL MEETING

On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:

“RESOLVED, the Town Board will hold a Year End Meeting on December 27, 2013 at 4:00 pm at the Town Hall to conclude all business for the year 2013 and will hold the annual Organizational Meeting on January 2, 2014 at 7:30 pm at the Town Hall.”

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

Three additional residents arrived to the meeting at 7:55 pm.

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

General #506-545 $110,171.87
Roxbury Sewer #94-102 $11,553.74
Highway #246-283 $160,199.03
Denver Sewer #119-127 $12,264.53
Roxbury Water #91-99 $4,408.93
Special Lights #17 $20.46
Grand Gorge Water #102-109 $3,447.37
Other:
Denver Water #80-87 $3,039.36
Lake Street Project $69,515.47

AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0
Attorney Kevin Young requested an Executive Session to discuss a Personnel Issue.

On motion of Allen Hinkley second by Gene Cronk the Town Board and attorney went into Executive Session at 8:00 pm to discuss a personnel matter involving the Building Inspector agreement. Present were: Supv. Thomas Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray and Attorney Kevin Young.

On motion of Gene Cronk second by Allen Hinkley the Town Board and Attorney returned to the regular meeting at 8:32 pm where it was stated no action was taken in Executive Session.

On motion of Gene Cronk second by Edward Raeder the meeting adjourned at 8:34 pm

THIS IS A TRUE COPY
____________________________________

Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman

Town Board Special Meeting - December 27, 2013

NOTICE

The Town Board, Town of Roxbury, will hold a Special Meeting on December 27, 2013 at 4:00 pm at the Town Hall for the purpose of concluding all business for the year 2013. The Organizational Meeting will be held on January 2, 2014 at 7:30 pm at the Town Hall.

By Order of the Town Board
Diane Pickett, Town Clerk
Dated: Dec. 9, 2013

Town Board Minutes - Nov. 7, 2013

UNAPPROVED MINUTES
November 7, 2013

Two Public Hearings and the regular monthly meeting of the Town Board were held November 7, 2013 at 6:45 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Highway Supt. Stephen Schuman, Attorney Kevin Young and 3 residents.

The Public Hearing on overriding the tax cap was called to order at 6:45 pm and the notice calling for the hearing was read. Attorney Young explained the purpose of the law. The floor was opened for comments.

Evelyn Irwin questioned why the Town Board would be going over the tax cap. Attorney Young explained that the Preliminary budget is close to the 1.66% tax cap this year so it is in the best interest to adopt the override in case there are errors in the tax cap formula that must be used.

With no other comments being heard the hearing closed at 6:56 pm.

The Public Hearing on the 2014 Preliminary Budget was called to order at 7:00 pm and the notice calling for the hearing was read.

Carolynn Faraci, Budget Officer, discussed additional proposed changes to the budget that include the following:
General Fund Appropriations A1110.2 Justice Equipment $1,811 decrease to $1,561; A7110.4 Parks (M-ARK Project) $7,500 increase to $15,000; A7110.4 Other Contractual $29,000 decrease to $21,500; A 9010.8 Retirement $58,332 increase to $66,640; Revenues 1081 PILOT $2,454 increase to $2,471. If approved, changes would increase the Tax Rate from $7.4285 to $7.4929. Highway Fund Appropriations DA9010.8 Retirement $91,238 increase to $103,646; Revenues 1080 PILOT $4,175 increase to $4,208. If approved, changes would increase the Tax Rate from $12.6362 to $12.7358. Denver Water District Appropriations SW8340.4 Transmission & Distribution $25,000 decrease to $18,000. If approved, the change would decrease the tax rate from $7.9332 to $6.2228.

The floor was opened to comments.

Evelyn Irwin expressed concerns with the M-ARK Project amount, cemetery costs, needing a new loader and the water/sewer operator’s salaries. It was explained the M-ARK line was a typo error, cemetery costs are staying within budget, the Hwy. Supt. already took out other equipment from the tentative budget and the water/sewer operator is on contract not payroll and much of the sewer costs are subsidized by NYCDEP.

With no other comments being heard the hearing closed at 7:22 pm.

The regular meeting was called to order at 7:30 pm. There were a total of 4 residents present.

On motion of Allen Hinkley second by Gene Cronk the minutes of the October 14th regular meeting and October 29th special meeting were approved.

AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0

Karen Munro and Glenn Faulkner of MTC Cable were present to discuss the MTC Franchise Renewal process and requirements. A public hearing will be required. The Town could require a franchise tax from MTC but chooses not to as it would be added to customer’s bills. Attorney Young will review the renewal agreement and will prepare the appropriate paperwork for the Town Board.
Robert Breglio, Assessor, stated 54% of properties have been verified for the re-val, he attended the Delaware County Assessor’s meeting and was told they are still testing RPS in house and has no set date when they will be turning it over to the Town to begin inputting data on our own, discussed the flood survey responses received where 70% of responders stated having no water in the last 10 years. FEMA will actually visit properties this time around for the updated maps. Delaware County Planning Dept. will also be sending invitations to owners in the proposed flood map areas to attend a meeting with DEC to discuss the maps. Being shown in the flood zone affects assessment. Results of the survey are on file at the Town Clerk’s Office and will also be forwarded to Delaware County Planning Dept. Mr. Breglio was commended for his work in obtaining and documenting the flood information.

Peg Ellsworth updated the Town Board on the status of HUD program applications, stated the barns have been shut down for the winter, discussed awarded grants, stated money still available for flooded homes on the New York State website, she will be speaking about the Roxbury Main St. Project for the Southern Tier Regional presentation to the Governor, and jointly with Attorney Young discussed hazard mitigation funds to organizations. Peg was commended for her work promoting Roxbury through the Southern Tier Regional Commission.

Stephen Schuman, Hwy. Supt. stated crews are getting ready for winter and reported Soil & Water Conservation will be starting stream work on Briggs Rd. shortly that was delayed due to hurricane Irene.

Supv. Hynes reported that Delaware County DPW is expecting to finish paving the Hardscrabble bridge within the next week.

Attorney Young discussed the abandonment of Saccaro and Starley Rds. due to non-maintenance and non-use for 6+ years. The Certificate of Abandonment was read.

RESOLUTION #75 – CERTIFICATE OF ABANDONMENT FOR TWO FORMER HIGHWAYS IN THE TOWN OF ROXBURY

On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:

“WHEREAS, the Town of Roxbury Highway Superintendent has brought before the Town Board a Certificate of Abandonment for two former Highways in the Town of Roxbury;
WHEREAS, the Town of Roxbury Highway Superintendent has certified that such Highways have not been used for six (6) years or more;
WHEREAS, the Town of Roxbury Highway Superintendent has executed the Certificate of Abandonment all in accordance with New York State Highway Law Section 205.
NOW THEREFORE BE IT RESOLVED, the Town Board hereby consents to the filing of such Certificate of Abandonment with the Roxbury Town Clerk’s Office in accordance with New York State Highway Law Section 205 and each member of the Town Board will provide his/her written consent on the Certificate of Abandonment to such filing.”

AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0

Supervisor Hynes stated that a vacancy exists on the Planning Board due to the passing of Jean D’Antoni. A person will be sought from the Grand Gorge area. Condolences are sent to the D’Antoni family.

It was reported the Powell Company will make repairs to the Grand Gorge Civic Center roof.

Evelyn Irwin questioned when the radio license is expected to be transferred. Attorney Young stated the Town has signed the agreement with WSKG but it still needs FCC approval of the transfer.

Discussion took place on repairs needed to the Transfer Station box and a hole in front of the box. Supervisor Hynes will discuss the matter with the Transfer Station Manager.

A draft revised copy of the Employee Handbook was distributed to the Town Board. The matter was tabled until they have had a chance to review the proposed changes.

On motion of Edward Raeder second by Carol Murray the Town Board approved the monthly report of the Town Clerk for October 2013 in the amount of $3,858.72 (Town Clerk $1,628.72 and Building Inspector $2,230.00)

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

On motion of Edward Raeder second by Carol Murray the Town Board approved the monthly report of the Supervisor for September 2013.

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

On motion of Edward Raeder second by Carol Murray the Town Board approved the monthly report of the Assessor for October 2013.

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

No monthly report was received from the Building Inspector.

On motion of Edward Raeder second by Carol Murray the Town Board approved the monthly report of the Justice Court for September 2013 in the amount of $3,687.00.

AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0

RESOLUTION #76 – RETIREMENT REPORTING DAYS

On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:

BE IT RESOLVED, that the Town of Roxbury hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employee’s Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body,

AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0
ABSTAIN – 0

No action was taken on appointing a fifth person to the HUD review committee.

No action was taken on the Building Inspector agreement.

RESOLUTION #77 – ROXBURY TOWN BOARD TO CONSIDER THE “REQUEST FOR EASEMENT” BY THE MARGARETVILLE TELEPHONE COMPANY AND SCHEDULING A PUBLIC HEARING FOR SAME

On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:

“WHEREAS, the Margaretville Telephone Company would like to install a utility building on Town property as part of a project to expand broadband service within the Town of Roxbury;
WHEREAS, the Margaretville Telephone Company provided materials to the Town Board entitled “Request for Easement” and made a presentation before the Roxbury Town Board on October 14, 2013 in which it proposed the purchase of an easement on Town Property;
WHEREAS, as part of the proposal, the Margaretville Telephone Company would be charged a small fee for the easement by the Town of Roxbury and in turn would provide the Town Government with free internet and telephone service;
WHEREAS, the proposed project is a Type 2 project under SEQRA specifically at §617.5(c) (11) and is, therefore, not subject to SEQRA review; and
WHEREAS, the Town Board Members and the Town’s Attorney have reviewed the proposal submitted by the Margaretville Telephone Company.

NOW, THEREFORE, BE IT RESOLVED that the Town Board accepts the proposal documentation submitted by the Margaretville Telephone Company; and
BE IT FURTHER RESOLVED, that a copy of the “Request for Easement” shall be placed in the Town Clerk’s office and made available for public inspection; and
BE IT FURTHER RESOLVED, that the Town Board will hold a public hearing for consideration of the granting of the proposed easement on December 9, 2013 at 7:00 pm at the Town Hall; 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, and to post copies of such notice in the manner provided by law.”

AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

RESOLUTION #78 – ROXBURY TOWN BOARD SCHEDULING A PUBLIC HEARING FOR THE CONSIDERATION TO RENEW THE TOWN’S MAY 18, 2001 CABLE TELEVISION FRANCHISE AGREEMENT

On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:

“WHEREAS, on May 18, 2001 the New York State Public Service Commission approved the Cable Television Franchise Agreement (the “Agreement”) between Heart of the Catskills Communications, Inc. (dba MTC Cable) and the Town of Roxbury;
WHEREAS, by letter dated November 7, 2013, The Margaretville Telephone Company notified the Town of its desire for renewal of the previous 2001 Agreement;
WHEREAS, the Town’s Attorney and the Town Board have reviewed the proposed franchise agreement and the Town Board believes that it would be in the best interest of the Town to enter into the proposed renewal of the Cable Television Franchise Agreement;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board shall hold a public hearing for consideration of the proposed renewal of the Agreement to be held on December 9, 2013 at 7:15 pm at the Town Hall; 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, 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 – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0

On motion of Allen Hinkley second by Edward Raeder the Town Board approved reimbursement of costs for mileage to the Town Clerk for DEC training and Assessor Clerk for a Conservation Easement seminar.

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

Discussion took place on overriding the 2014 budget tax cap.

RESOLUTION #79 – DETERMINING THAT THERE ARE NO ADVERSE IMPACTS ON THE ENVIRONMENT FROM ADOPTION OF A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-c

On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the Town Board is adopting a Local Law to Override the Tax Levy Limit established in General Municipal Law §3-c; and
WHEREAS, the possible environmental impacts of the adoption of this Law have been considered by the Town Board;
NOW THEREFORE BE IT RESOLVED, that the Town Board has determined that the adoption of a Local Law to Override the Tax Levy Limit Established in General Municipal Law §3-c will not have significant adverse impacts on the environment; and
WHEREUPON, the Resolution was put to a vote and recorded as follows:

AYES – 5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS – 0

RESOLUTION #80 – IN THE MATTER OF THE ADOPTION OF LOCAL LAW NO. 1 OF 2013 ENTITLED “LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-c

On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, in accordance with subdivision 5 of General Municipal Law §3-c of the State of New York which provides municipalities with the express authorization to override the tax levy limit established in General Municipal Law §3-c by passing a Local Law approved by a vote of at least sixty percent (60%) of the Town Board; and
WHEREAS, the proposed Law was presented to the Town Board at least 11 days prior to the Town Board meeting on October 14, 2013 and
WHEREAS, the Town Board adopted a resolution on October 14, 2013 scheduling a public hearing on the proposed Law for November 7, 2013; and
WHEREAS, the public hearing on the proposed Local Law was held on November 7, 2013 at the Town Hall; and
WHEREAS, the Town Board reviewed and considered all public comments received on the proposed Law; and
WHEREAS, the proposed Law was on file for inspection at the Clerk’s office prior the hearing and during the public review process; and
WHEREAS, the Town Board has issued a negative declaration under SEQRA for the proposed Local Law No. 1 of 2013 thereby complying with the mandates of the State Environmental Quality Review Act; and
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE
TOWN BOARD OF ROXBURY, DELAWARE COUNTY, NEW YORK:
The Town of Roxbury Local Law to Override the Tax Levy Limit Established in Municipal Law §3-c, being Local Law No. 1 of 2013, is hereby adopted and the Town Clerk is hereby directed to file said Local Law with the Office of the Secretary of State in accordance with State Law.

WHEREUPON, the Resolution was put to a vote and recorded as follows:

AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0

On motion of Allen Hinkley second by Carol Murray the Town Board approved the following unpaid water amounts to go on the 2014 Town/County tax bills: Denver Water District $1,674.84, Grand Gorge Water District $6,377.30 and Roxbury Water District $3,960.50.

AYES – 5 Hinkley, Murray, Cronk, Raeder, Hynes
NAYS – 0

On motion of Gene Cronk second by Edward Raeder the Town Board approved the re-appointment of Wheldon Farleigh and David Cowan to the Planning Board for a 5 year term to expire 12/31/17.

AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0

Attorney Kevin Young discussed the Stipulation of Settlement for assessing NYCDEP underwater lands. Attorney Robert Beebe negotiated the agreement on behalf of several Towns in the watershed and developed a template for figuring future years. The agreement will keep the current assessment for 3 years and DEP must abide by the template for approximately 20 years without further litigation.

RESOLUTION #81 – APPROVING SETTLEMENT WITH THE CITY OF NEW YORK AND AUTHORIZING THE LAW OFFICES OF ROBERT l. BEEBE, LLC TO SIGN SETTLEMENT ON BEHALF OF THE TOWN BOARD OF THE TOWN OF ROXBURY

On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the City of New York owns and maintains real property known as the Schoharie Reservoir and identified as Tax Map Parcels 114.-1-1; 114.-1-3; and 136.-1-12 in the Town of Roxbury; and
WHEREAS, the City of New York has commenced judicial proceedings seeking reductions of the tax assessments of the reservoir parcels for the years 1999 through 2012; and
WHEREAS, the Town is represented by The Law Office of Robert L. Beebe, LLC; and
WHEREAS, counsel has recommended that these proceedings now be resolved by settlement; and
WHEREAS, the proposed settlement would provide that the City of New York would withdraw all pending proceedings relating to the reservoir, with no assessment reductions and no refunds required of the Town, and the Town would maintain the current assessments for the years 2013, 2014 and 2015; and
WHEREAS, the Town Board and the Town Assessor have reviewed the proposed settlement and find the settlement to be in the best interests of the Town;

THEREFORE, NOW BE IT RESOLVED THAT:

1. That the Town Board hereby approves the settlement; now, be it
2. That counsel is hereby authorized to sign the settlement on behalf of the Town Board.

WHEREUPON, the Resolution was put to a vote and recorded as follows:

AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0

Attorney Young also stated that a template will soon be developed for assessing the NYC DEP sewer mains in the Grand Gorge Sewer District.

All funds have now been received from FEMA for the hurricane Irene disaster.

On motion of Carol Murray second by Gene Cronk the Town Board approved the monthly report of water receipts for October 2013 in the amount of $12,370.36 (Denver Water $3,094.30; Grand Gorge Water $4,015.63; Roxbury Water $5,260.43)

AYES – 5 Murray, Cronk, Raeder, Hinkley, Hynes
NAYS – 0

John Wilson requested approval to attend the renewable energy conference at Manhattan Country School to represent the Town. No action was taken.

Discussion took place on the 2014 Preliminary budget. The Town Board agreed to all fund changes discussed in the Public Hearing. Councilman Hinkley stated speaking with KJBL Electronics, Inc. regarding the Constable car computer. It was felt that not enough accident reports or tickets are done in a year to substantiate the cost of the computer. Councilman Cronk expressed issues with having no cell service it would not work in this area.. The Board agreed to the change of line item General Fund –Appropriations A3120.2 from $7,000 to $5,000 to allow for other equipment that may be needed.

RESOLUTION #82 – APPROVE 2014 TOWN BUDGET

On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, the Town Board has discussed the changes to the 2014 Preliminary Budget as follows:
General Fund Appropriations A1110.2 Justice Equipment $1,811 decrease to $1,561; A3120.2 Constable Equipment $7,000 decrease to $5,000; A 7110.4 Parks (M-ARK Project) $7,500 increase to $15,000; A7110.4 Other Contractual $29,000 decrease to $21,500; A 9010.8 Retirement $58,332 increase to $66,640; Revenues 1081 PILOT $2,454 increase to $2,471.

Highway Fund Appropriations DA9010.8 Retirement $91,238 increase to $103,646; Revenues 1080 PILOT $4,175 increase to $4,208.

Denver Water District Appropriations SW8340.4 Transmission & Distribution $25,000 decrease to $18,000.

NOW, THEREFORE BE IT RESOLVED, the Town Board, Town of Roxbury approves amendment of the 2014 Preliminary Town Budget to reflect the above mentioned changes to the budget; and

BE IT FURTHER RESOLVED, the Town Board adopts the 2014 Budget as amended.”

AYES – 5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0

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

General #450-505 $53,970.00 Denver Sewer #107-118 $13,231.32
Highway #225-245 $41,307.40 Special Lights #115-16 $2,236.92
Roxbury Water #84-85 $3,609.03 Capital Projects:
Grand Gorge Water #92-101
$5,181.83

HUD Program
$31,805.50

Denver Water #72-79 $2,169.10 Other:

Roxbury Sewer #87-93 $7,149.74 Lake St Project $11,315.44

AYES – 5 Murray, Cronk, Raeder, Hinkley, Hynes
NAYS – 0

On motion of Edward Raeder second by Carol Murray the meeting adjourned at 8:50 pm.

______________________________

Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Edward Raeder, Councilman
Gene Cronk, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman

Town Board Special Meeting Minutes - October 29, 2013

APPROVED MINUTES
October 29, 2013

A Special Meeting of the Town Board was held October 29, 2013 at 7:00 pm at the Town Hall. Present: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Hwy. Supt. Stephen Schuman, Budget Officer Carolynn Faraci and five residents.

The meeting was advertised for conducting a workshop on the 2014 Tentative Budget and to discuss any other business that may come before the Board.

Budget Officer, Carolynn Faraci discussed some changes and proposed changes on the Tentative Budget. Said changes include two new computers for the Town Clerk and Bookkeeper as the current ones will not handle new software, health and dental rates, deleting some highway equipment out of the budget and rewiring needed on Denver Water wells. It was decided to first speak with the water Operator regarding the Denver Water issues. Councilman Hinkley discussed issues concerning the Parks Clerk rate of pay and Councilman Cronk discussed issues with equipment requested by the Constable. The proposed changes for a decrease of line item would put the budget under the 1.66% Tax Cap for the year 2014.

RESOLUTION #73 – APPROVE CHANGES TO TENTATIVE BUDGET

On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:

“RESOLVED, the Town Board approved the following changes to the 2014 Tentative Budget to be incorporated into the 2014 Preliminary Budget:

Highway Fund – DA 5110.4 General Repairs $763,000 to $714,000 and DA5130.2 Equipment $193,500 to $111,500.”

AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0

Peg Ellsworth of the M-ARK Project stated the HUD program is moving along and she plans to apply for a home buyer assistance grant for the Town.

It was stated the NYS DOT Highway work permit for the Lake St. project has been mailed and is expected shortly.

Discussion took place on the Town Clerk agreement with NYSDEC for selling Encon Licenses.

RESOLUTION #74 – REQUESTING THE TOWN CLERK OF THE TOWN OF ROXBURY TO SERVE AS THE LICENSE ISSUING AGENT FOR HUNTING AND FISHING IN NEW YORK STATE AND FOR THE TOWN CLERK OF THE TOWN OF ROXBURY TO APPOINT AN ASSISTANT LICENSE ISSUING AGENT WHO CAN ALSO ISSUE LICENSES FOR THE PRIVILEGE OF HUNTING AND FISHING IN NEW YORK STATE

On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:

“WHEREAS, the Town Clerk of the Town of Roxbury has been requested to serve as the “License Issuing Agent” as provided in 6 NYCRR §177.1(f) and (g) of the New York State Department of Environmental Conservation regulations to issue licenses for the privilege of hunting and fishing in New York State; and

WHEREAS, the License Issuing Agent may also appoint an “Assistant License Issuing Agent” who can also issue licenses for the privilege of hunting and fishing in New York State; and

WHEREAS, the License Issuing Agent must enter into a License Issuing Agent Agreement with the New York State Department of Environmental Conservation. A Model License Issuing Agent Agreement is attached hereto as Exhibit A; and

WHEREAS, in exchange for administering and issuing hunting and fishing licenses, the Department will pay a commission to the License Issuing Agent for each license sold (“the Commission”); and

WHEREAS, the Commission is provided to the Town as an additional revenue source and to offset the cost of the administration of the program.

THEREFORE, NOW BE IT RESOLVED THAT:

1. The Town Board of the Town of Roxbury does hereby authorize the Town Clerk to enter into a License Issuing Agent Agreement with the New York State Department of Environmental Conservation’

2. The Town Clerk, as License Issuing Agent, may select and appoint the Assistant License Issuing Agent;

3. The Town agrees that it will indemnify and hold harmless the License Issuing Agent and the Assistant Licensing Issue Agent from and against all losses from claims, demands, payments, suits, actions, recoveries and judgment of every nature and description brought or recovered against it in a court of competent jurisdiction to the extent such lawsuit is attributable to the acts of the Licensed Issuing Agent and the Assistant Licensed Issuing Agent in the performance of any activity under the Agreement.”

AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0

On motion of Allen Hinkley second by Gene Cronk the Town Board finds no negative issues with the application of Queens Mountain Cafes, LLC to the NYS Liquor Authority for a Change in Class of a Retail License at 53470 State Hwy. 30, Roxbury.

AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0

On motion of Gene Cronk second by Allen Hinkley the meeting adjourned at 7:35 pm.

THIS IS A TRUE COPY

____________________________

Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman