Roxbury Town Board Meeting Agenda - September 11, 2017
ROXBURY TOWN BOARDPublic HearingRegular MeetingSeptember 11, 2017
ROXBURY TOWN BOARD
Public Hearing
Regular Meeting
September 11, 2017
Town Hall
Call To Order 6:45 pm Public Hearing-CDBG Application
7:00 pm Regular Meeting
Minutes August 14th Meeting
Requests to Speak:
Grayden Dutcher-Delaware County Soil & Water District
Department Reports:
Water / Sewer
Board
Planning
Building & Grounds
Highway
Assessor
Building Inspector
Community Resources
Old Business Munsell letter re: water charges
Water leak by Greg Stock residence
New Business
Letters to the Board:
Discussion from residents
Audits
ISSUES FOR DISCUSSION
· Resolution-Town Clerk monthly report for August 2017
· Resolution-Supervisor’s monthly report for July 2017
· Resolution-Assessor’s monthly report for August 2017
· Resolution-Building Inspector monthly report for August 2017
· Resolution-monthly water receipts report for August 2017
· Resolution-Justice Court monthly report for July 2017
· Resolution-advertise bids for fuel oil to open October 6th @ 2:00 pm
· Resolution- CDBG Housing Rehab application
· Resolution-new Excellus BCBS Health rates effective 12/1/17 (increase 7.88%)
· Resolution-Park Pavillion Use Agreement Changes?
· Resolution-revise road takeover specs?
· Resolution-Nicole Haroldson resignation from RHPC effective 8/22/17
· Resolution-fill vacancy on RHPC with term thru 12/31/19
· Resolution-Justice Court 2016 Audit
· Resolution-Cronk Road abandonment request
· Denver-GG-Roxbury water projects status
OTHER REMINDERS
Highway Contract expires 12/31/17
Water & Sewer Operator Agreements (LVDV Operations) expire 12/31/17
(new ones need to be in place by 9/1/17 for 2018 budgeting purposes)
Roxbury Town Board Unapproved Meeting Minutes - August 14,2017
UNAPPROVED MINUTES
The regular meeting of the Town Board was held August 14, 2017 at 7:30 pm at the Grand Gorge Civic Center. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder and Carol Murray, Hwy. Supt. Neil German, Assessor Robert Breglio, Assessor Clerk Stephanie Seminara, Parks Clerk Carolynn Faraci, Attorney Kevin Young and 6 residents. Councilman Allen Hinkley was absent.
On motion of Gene Cronk second by Carol Murray the Town Board approved the Minutes of the July 10, 2017 meeting.
AYES-4 Cronk, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
Hwy. Supt. Neil German distributed a quote for a used Hamm roller from R.H Finke at a cost of $44,500 less trade-in of an old roller of $25,000 for a final cost of $19,500 that would be paid off in monthly payments. German also requested hiring Trent Perry to fill an HEO vacancy, further reported crews continue to stone & oil roads, clean ditches and have removed the 30 MPH signs on Hubbell Corners Rd. and replaced them with State approved 25 MPH signs.
RESOLUTION #89-PURCHASE/TRADE IN ROLLER
On motion of Carol Murray second by Gene Cronk the following resolution was offered and adopted:
“RESOLVED, the Town Board authorizes the purchase of a used Hamm Model 3412 Dirt Roller from Finke Equipment. at a cost of $44,500 less $25,000 trade-in for a final cost of $19,500 to be paid in 6 monthly installments of $3,250 per month.”
AYES-4 Murray, Cronk, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
RESOLUTION #90-PERRY HIRED HIGHWAY DEPT.
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board authorizes the hiring of Trent Perry as full-time HEO on the Highway Dept. effective September 12, 2017 at a rate of $18.66 per hour plus benefits.”
AYES-4 Cronk, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
Assessor Robert Breglio submitted a written report to the Town Board and stated he has begun checking new building permit work and status of old work in anticipation of the 2018 Tax Roll, he will now have access to the STAR credit check lists, has been making sure all exemption paperwork is in order due to the Comptroller’s office checking on same, and reported things are working out well with the new Building Inspector.
Parks Clerk Carolynn Faraci reported she met with representatives and interns from Lynhurst which is connected with Roxbury’s original Gould/Shepard properties that included a tour of the Jay Gould Church, Kirkside Adult home, Kirkside Park and Shepard Hills Golf Course. They would like to continue the tour annually as well as having the interns rotate working here. They are also planning to take some saplings of certain trees from the golf course to plant at Lynhurst as the ones there are now gone. Faraci also requested some changes to the current pavilion rental agreement as there have been some issues. Attorney Young will look into the matter and supply a draft copy to the Town Board.
Supv. Hynes reported a plugged sewer line has been repaired in Denver Sewer District. Stones and cloth wipes were the problem.
Supv. Hynes reported work has been completed on the office building at the Transfer Station and the gate continues to be worked on. Councilman Cronk expressed concerns with excessive C&D box overage charges and would like to see large contractor loads denied dumping there. The matter was discussed but no action was taken.
Tara Jo Donadio of Cornell Cooperative Extension was given the floor to do a power point presentation of the Clean Energy Program being offered through NYSERDA. The program was discussed as well as funding. No action was taken.
No action was taken on the letter received from the Munsell’s regarding their water usage and charges as we are waiting to hear back from the owners.
A letter was received from Richard Kohlberger who was also present at the meeting, and is the owner of Early Sunrise Farm on Cronk Road. He is requesting the road be abandoned allowing him to use it as a private road because it provides access only to his property and he would like to expand his farming. If abandoned, the Town would not have to maintain the road anymore and it would allow him a more secure property with no traffic coming up the road. Attorney Young will research the matter.
Attorney Young discussed DEP updating their analysis of the impact of their land purchases in the Town of Roxbury where it is the highest in Delaware County. It has been proven there has not been any major building here and the purchases appear to interfere with flood mitigation measures. Therefore, DEP will supposedly not solicit for more land purchases in the Town at this time.
Discussion took place on a letter received from Joel & Susanna Craig requesting reimbursement of plumber fees associated with a sewer line repair required on their sewer line at Roxbury Run Village last fall that was backing up into their unit. It originally appeared the problem was the responsibility of the owner, but upon further inspection it was found to be on the District’s line.
RESOLUTION #91-REIMBURSE CRAIG PLUMBER BILL
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board authorizes a reimbursement to Joel Craig, owner of Roxbury Run Village Unit 8-2, in the amount of $259.20 for plumber fees he incurred for a plugged sewer line that was found to be the responsibility of the Sewer District.”
AYES-4 Cronk, Reader, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Gene Cronk second by Edward Raeder the Town Board approved the Town Clerk’s monthly report for July 2017 in the amount of $3,061.45 (Town Clerk $471.45 and Building Permits $2,590.00)
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 Supervisor’s monthly report for June 2017.
AYES-4 Murray, Raeder, Cronk, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Edward Raeder second by Gene Cronk the Town Board approved the Assessor’s monthly report for July 2017.
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 Building Inspector’s monthly report for July 2017.
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 Water Receipt’s for July 2017 in the following amounts: Denver $2,951.30; Grand Gorge $3,274.42 and Roxbury $4,182.51.
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 Justice Court monthly report for June 2017 in the amount of $8,912.00.
AYES-4 Raeder, Cronk, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
RESOLUTION #92-PUBLIC HEARING CDBG APPLICATION
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town of Roxbury will hold a Public Hearing on September 11, 2017 at 6:45 pm at the Town Hall, 53690 State Hwy 30, Roxbury, NY for the purpose of receiving citizen’s comments regarding the Town’s intent to apply for up to $400,000 in financial assistance to NYS Homes and Community Renewal via a 2017 Consolidated Funding Application under the Community Development Block Grant program to provide housing rehabilitation and repairs for 10 low-moderate income homeowners.”
AYES-4 Cronk, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
The CPA’s have concluded their audit of financials for the year 2016. No major problems were found. A copy has been given to the Town Board, filed with the State Comptroller’s Office and is on file at the Town Clerk’s Office.
No action was taken on bonding for any of the water projects.
GeoLogic has completed a Data Evaluation for the Grand Gorge/Roxbury Water Project that was distributed to the Town Board and is on file at the Town Clerk’s Office.
Discussion took place on changing the start time for the September regular meeting due to having a lengthy presentation scheduled.
RESOLUTION #93-SEPTEMBER MEETING TIME CHANGE
On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the regular monthly meeting of the Town Board was scheduled to be held September 11, 2017 at 7:30 pm at the Town Hall;
NOW, THEREFORE BE IT RESOLVED, the Town Board approves changing the regular monthly meeting of the Town Board scheduled for September 11, 2017 to begin at 7:00 pm instead of 7:30 pm.”
AYES-4 Cronk, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
Discussion took place on possible changes to the road takeover specifications, partially due to assessments being at 100% now. A copy of the current specs were distributed to the Board. Attorney Kevin Young will look into the matter.
Supervisor Hynes stated the road into the Denver Water well field needs work for better ingress & egress. Michael Harrington of Lamont Engineers will get pricing to repair the road.
Supv. Hynes stated negotiations are still ongoing with the Hinkley appraisal associated with the Grand Gorge/Roxbury Water Project.
Discussion took place on being able to re-open the Roxbury Springs to supply water to Roxbury and Grand Gorge Water Districts. No word has been received from NYS Dept. of Health yet.
No action was taken on the water line repair by Greg Stock’s residence. Supv. Hynes still needs to speak with the owner.
Supv. Hynes reported the graffiti on Main Street Roxbury has been taken care of.
One more resident arrived to the meeting.
Councilwoman Carol Murray moved to go into Executive Session, Edward Raeder seconded the motion and the Town Board went into Executive Session at 9:00 pm to discuss a personnel matter. Present were: Supervisor Thomas S.Hynes, Councilmen Gene Cronk, Edward Raeder and Carol Murray and Attorney Kevin Young.
AYES-4 Murray, Raeder, Cronk, Hynes
NAYS-0
ABSENT-1 Hinkley
The Town Board and Attorney exited Executive Session where Councilman Gene Cronk moved and Edward Raeder seconded to return to the regular meeting at 9:27 pm.
AYES-4 Cronk, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
It was stated no decisions were made on the Highway Contract.
On motion of Gene Cronk second by Carol Murray the bills were audited and ordered paid in the following amounts:
AYES-4 Cronk, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Edward Raeder second by Carol Murray the meeting adjourned at 9:30 pm.
THIS IS A TRUE COPY
____________________________________
Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Carol Murray, Councilwoman
Roxbury Town Board Approved Meeting Minutes - July 10 2017
APPROVED MINUTES
July 10, 2017
The regular monthly meeting of the Town Board was held July 10, 2017 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder and Carol Murray, Parks Clerk Carolynn Faraci, Assessor Clerk Stephanie Seminara, Town Attorney Kevin Young and 4 residents. Absent: Councilman Allen Hinkley (out of Town) and Highway Supt. Neil German.
The Public Hearings originally scheduled for 7:00 pm for a second hearing on Small Business Enterprise application and 7:20 pm for a second hearing on the Grand Gorge Civic Center repairs application were not needed.
The Minutes of the June 12, 2017 meeting were approved on motion of Edward Raeder second by Gene Cronk.
AYES-4 Raeder, Cronk, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
Assessor Clerk Stephanie Seminara stated the EQ Rate for 2017 is still at 100%, the Board has been given a written report from the Assessor and there are no other problems/issues to be discussed.
Parks Clerk Carolynn Faraci reported two students have started with the summer work program, vandalism on park buildings has stopped and has several bookings for the pavilion/park.
Grant Writer Peg Ellsworth was absent but submitted a written report stating she has received plans on the kitchen and will be getting the committee together to go over them. Carolynn Faraci added the kitchen will be for local grower’s use and not caterers and the Town Board will have to make decisions regarding a user’s handbook, rental pricing and other issues before the kitchen is up and running.
Highway Supt. Neil German was absent but submitted a written report stating crews continue to do stone & oil, grader patching, grading and rolling roads, he has been told the old roller is worth about $20,000-$22,000 and therefore requested instead of placing it on the auction site to sell, R.H. Finke has offered $25,000 towards a trade-in with them and they will locate any roller the Town wants. It was also reported John Bubach is planning to leave the Highway Dept. the end of July.
A few months ago, Dennis & Jackie Slater requested a reduced speed limit for Hubbell Corners Rd. to 30 MPH. A response has been received from NYS Dept. of Transportation (NYSDOT) approving of a reduced speed limit of 25 MPH. The illegally posted 30 MPH speed limit sign there now will be removed and a 25 MPH sign will be erected.
Supv. Hynes stated the new Denver Water Pressure Reducing Valve (PRV) was tested on Friday and all went well.
The baby swing at the Grand Gorge Civic Center playground has been damaged with its straps being cut off. The swing will be replaced.
Councilman Cronk again expressed concerns with not getting a receipt for his property taxes from the Tax Collector having asked for it three times and feels a receipt should be sent regardless of whether the box on the tax bill requesting a receipt is marked or not.
Richard Tunison of the Hitching Post introduced himself and stated he plans to open the restaurant on Labor Day weekend. He has submitted a notice that he will be applying for a liquor license through the State and requests a waiver of the 30 day hold from the Town Board. He discussed the renovations taking place and has already spoken with the Building Inspector and NYS Dept. of Health. The Town Board wished him well in his new venture.
On motion of Gene Cronk second by Carol Murray the Town Board approved the Town Clerk’s monthly report for June 2017 in the amount of $5,005.75 (Town Clerk $695.75 and Building Permits $4,310.00)
AYES-4 Cronk, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Carol Murray second by Edward Raeder the Town Board approved the Supervisor’s monthly report for May 2017.
AYES-4 Murray, Raeder, Cronk, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Edward Raeder second by Gene Cronk the Town Board approved the Assessor’s monthly report for June 2017.
AYES-4 Raeder, Cronk, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Edward Raeder second by Carol Murray the Town Board approved the Building Inspector’s monthly report for June 2017.
AYES-4 Raeder, Murray, Cronk, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Carol Murray second by Gene Cronk the Town Board approved the Water District receipts report for June 2017 in the following amounts: Denver Water $102.30; Grand Gorge $155.91 and Roxbury $395.57.
AYES-4 Murray, Cronk, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Edward Raeder second by Gene Cronk the Town Board approved the Justice Court monthly report for May 2017 in the amount of $4,265.00.
AYES-4 Raeder, Cronk, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
RESOLUTION #81-LIQUOR LICENSE FOR HITCHING POST
On motion of Edward Raeder second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town Board has received notification that Liz’s Hitching Post LLC will be applying for NYS Liquor License; and
WHEREAS, it has been requested to waive the 30 day hold period; and
WHEREAS, a liquor license has been at that location in the past;
NOW, THEREFORE BE IT RESOLVED, the Town Board has no objections to a liquor license being issued to Liz’s Hitching Post LLC; and
BE IT FURTHER RESOLVED the Town Board will request waiver of the 30 day hold on issuance of the license from the NYS Liquor Authority.”
AYES-4 Raeder, Cronk, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
Attorney Young discussed the need for an amended Bond Resolution for the Denver Water District Project that is required by NYS EFC who we are applying to for partial funding.
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
RESOLUTION #82- A RESOLUTION AMENDING THE BOND RESOLUTION DATED JANUARY 3, 2017, AUTHORIZING THE ISSUANCE OF $400,000 BONDS OF THE TOWN OF ROXBURY, DELAWARE COUNTY, NEW YORK, TO PAY PART OF THE $1,000,000 MAXIMUM ESTIMATED COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN’S DENVER WATER DISTRICT, TO INCREASE THE AMOUNT OF BONDS AUTHORIZED TO $1,000,000.
“WHEREAS, by bond resolution dated January 3, 2017, the Town Board of the Town of Roxbury, Delaware County, New York, authorized the issuance of $400,000 bonds to pay part of the $1,000,000 estimated maximum cost of the increase and improvement of the Town’s Denver Water District;
WHEREAS, the Town Board now desires to authorize the issuance of bonds sufficient to pay said estimated maximum cost, to permit work to proceed pending receipt of the grant monies expected to be available; NOW, THEREFORE, BE IT,
RESOLVED, by the Town Board of the Town of Roxbury, Delaware County, New York, as follows:
Section A. The Title and Sections 1 and 2 of the bond resolution of the Town of Roxbury, duly adopted by the Town Board on January 3, 2017, titled:
A RESOLUTION AUTHORIZING THE ISSUANCE OF $400,000 BONDS OF THE TOWN OF ROXBURY, DELAWARE COUNTY, NEW YORK, TO PAY PART OF THE $1,000,000 MAXIMUM ESTIMATED COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN’S DENVER WATER DISTRICT, IN AND FOR SAID TOWN.
are hereby amended to read as follows:
A RESOLUTION AMENDING THE BOND RESOLUTION DATED JANUARY 3, 2017, AUTHORIZING THE ISSUANCE OF $1,000,000 BONDS OF THE TOWN OF ROXBURY, DELAWARE COUNTY, NEW YORK, TO PAY THE $1,000,000 MAXIMUM ESTIMATED COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN’S DENVER WATER DISTRICT, IN AND FOR SAID TOWN.
RESOLVED, by the Town Board of the Town of Roxbury, Delaware County, New York, as follows:
Section 1. For the specific object or purpose of paying the cost of the increase and improvement of the facilities of the Town’s Denver Water District, consisting of various capital improvements to the facilities of the Denver Water District, including wellfield electrical improvements, pumping and treatment improvements, controls system improvements, pressure reducing valve vault replacement, water main and service replacements, hydrant and valve replacements, storage tank rehabilitation, emergency generators, and various building and site improvements, in the Town of Roxbury, Delaware County, New York, there are hereby authorized to be issued $1,000,000 bonds of said Town pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $1,000,000, and the plan for the financing thereof is by the issuance of the $1,000,000 bonds of the Town of Roxbury, Delaware County, New York, authorized to be issued pursuant to this resolution, provided, however, that the amount of bonds to be issued shall be reduced by any grant monies received, including any amounts ultimately received from the anticipated grant from the State of New York under the New York State Water Infrastructure Improvement Act in the amount of $600,000.
Section B. The validity of such bonds and bond anticipation notes may be contested only if:
(1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or
(2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
(3) Such obligations are authorized in violation of the provisions of the Constitution.
Section C. This resolution, which is effective immediately, shall be published in The Catskill Mountain News, the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Councilman Gene Cronk VOTING AYE
Councilman Edward Raeder VOTING AYE
Councilwoman Carol Murray VOTING AYE
Supervisor Thomas S. Hynes VOTING AYE
Councilman Allen Hinkley ABSENT
Attorney Young discussed the changes to the Lamont Engineering., PC agreement for the Denver Water Project.
RESOLUTION #83- RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ROXBURY
AUTHORIZING A CONTRACT AMENDMENT FOR THE DENVER RUN WATER DISTRICT PROJECT AND AUTHORIZING THE TOWN SUPERVISOR TO EXECUTE CONTRACT AMENDMENT
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (the “Town Board”) determined the necessity of a project named Denver Run Water District Water System Improvements Project relating to the increase and improvement of the distribution facilities of the Denver Run Water District (the “Denver Run Water District Project”); and
WHEREAS, by resolution dated April 10, 2017, the Town Board authorized the Denver Run Water District Project; and
WHEREAS, by resolution dated April 10, 2017, the Town of Roxbury’s Denver Water District (“DWD”) and Lamont Engineers (“Lamont”) entered into a Final Design and Construction Phase Service Contract (the “Contract”) for the Denver Run Water District Project; and
WHEREAS, the New York State Environmental Facilities Corporation (“EFC”) requires certain provisions to be included in the Contract; and
WHEREAS, Lamont revised the Contract to add a EFC/SRF Non-Construction Bid Packet (“Bid Packet”) as required by the EFC; and
WHEREAS, the Town Board has reviewed the Bid Packet; and
NOW, THEREFORE BE IT RESOLVED THAT:
The Town Board hereby approves the amendment to the Contract to include the Bid Packet.
The Town Supervisor is hereby authorized to execute a contract amendment to add the Bid Packet to the Contract.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Murray, Raeder, Cronk, Hynes
NAYS-0
ABSENT-1 Hinkley
RESOLUTION #84-ANNUAL GOOD NEIGHBOR FUND REPORT
On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board approves the Annual Report of Good Neighbor funds to NYC DEP (Dept. of Environmental Protection) reflecting a balance of $274,136.20 through June 30, 2017.”
AYES-4 Cronk, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
RESOLUTION #85-BUBACH RESIGNS FROM HIGHWAY DEPT.
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board has received a letter of resignation from Highway Dept. employee John K. Bubach effective July 27, 2017;
BE IT RESOLVED, the Town Board regretfully accepts the resignation of John K. Bubach from the Highway Dept. with a last day of work to be July 27, 2017.”
AYES-4 Murray, Raeder, Cronk, Hynes
NAYS-0
ABSENT-1 Hinkley
RESOLUTION #86-TRADE IN ROLLER TO R.H. FINKE
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, at the June 12, 2017 meeting, the Town Board approved the Highway Supt. to put the old roller on the Auction’s International site for sale; and
WHEREAS, the Highway Supt. has been told the roller is worth approximately $20,000-$22,000; and
WHEREAS, the Highway Supt. has been offered $25,000 from R.H. Finke as a trade-in; and
WHEREAS, R.H. Finke will locate any roller the Town wants;
NOW, THEREFORE BE IT RESOLVED, the Town Board authorizes the Highway Supt. trade in the roller with R.H. Finke when ready to get a new/used roller; and
BE IT FURTHER RESOLVED the Highway Supt. is to get prices for the Town Board on a new or used roller from R. H. Finke.”
AYES-4 Cronk, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
RESOLUTION #87-SUPPORT GRANT APPLICATION FOR GOULD CHURCH
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“NOW, THEREFORE, BE IT RESOLVED, that the Town of Roxbury recognizes that the Jay Gould Reformed Church is a prominent historic structure and community asset located on the highly visible State Route 30/Main Street corridor and greatly contributes to the character of Roxbury; and
BE IT FURTHER RESOLVED, that the Town of Roxbury fully supports the proposal being submitted to the NYS Office of Parks, Recreation and Historic Preservation for funds to make repairs to this valuable historic resource.”
WHEREUPON the resolution was put to a vote as follows:
AYES-4 Raeder, Murray, Cronk, Hynes
NAYS-0
ABSENT-1 Hinkley
No action was taken on the water line repair by the Greg Stock residence. Supv. Hynes is to speak with the homeowner.
No action was taken on the Grand Gorge/Roxbury water project property appraisal. Supervisor Hynes is to meet with the landowner.
Discussion took place on the building permit fee for NYC DEP’s $6M project at the Grand Gorge Sewer Plant.
RESOLUTION #88-NYCDEP BUILDING PERMIT FEE
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board accepts the Building Inspector’s calculation of the building permit fee of $9,375 for NYCDEP’s application for repairs/alterations at the Grand Gorge Sewer Plant.”
AYES-4 Raeder, Murray, Cronk, Hynes
NAYS-0
ABSENT-1 Hinkley
An inspection conducted by the State of the Heart of the Catskills Humane Society facility reflects all items as satisfactory.
Attorney Young will contact LVDV Operations, Inc. regarding renewal contracts for operating services they provide for the Denver, Grand Gorge and Roxbury Water Districts and for the Denver and Roxbury Sewer Districts as current contracts expire 12/31/17.
On motion of Gene Cronk second by Carol Murray the bills were audited and ordered paid in the following amounts:
AYES-4 Cronk, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
A reminder was given that the August 14th Town Board meeting will be held at the Grand Gorge Civic Center at 7:30 pm.
On motion of Edward Raeder second by Carol Murray the meeting adjourned at 8:06 pm.
THIS IS A TRUE COPY
_______________________________________
Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Carol Murray, Councilwoman
Roxbury Town Board Approved Meeting Minutes, June 12, 2017
June 12, 2017A Public Hearing and regular meeting of the Town Board were held June 12, 2017 at 7:00 pm at the Town Hall. Present were: Councilman/Deputy Supervisor Edward Raeder, Highway Supt. Neil German and one resident. Absent: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Allen Hinkley and Carol Murray, Assessor Robert Breglio, Parks Clerk Carolynn Faraci (ill) and Attorney Kevin Young (on vacation).
APPROVED MINUTES
June 12, 2017
A Public Hearing and regular meeting of the Town Board were held June 12, 2017 at 7:00 pm at the Town Hall. Present were: Councilman/Deputy Supervisor Edward Raeder, Highway Supt. Neil German and one resident. Absent: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Allen Hinkley and Carol Murray, Assessor Robert Breglio, Parks Clerk Carolynn Faraci (ill) and Attorney Kevin Young (on vacation).
Dpty. Supervisor Edward Raeder called the first Public Hearing to order at 7:00 pm and stated the Public Hearing approved by the Town Board at the May 8, 2017 Town Board Meeting to be held at 7:00 pm on June 12, 2017 and for 7:00 pm on July 10, 2017 for Small Business Enterprise funding is not needed as Grant Writer Margaret Ellsworth will be submitting to a different funding source.
Councilwoman Carol Murray arrived to the meeting at 7:10 pm.
Supervisor Thomas S. Hynes arrived to the meeting at 7:15 pm.
Assessor Robert Breglio arrived at 7:20 pm.
A Public Hearing was called to order at 7:20 pm. The notice calling for the Public Hearing was read to hear comments on submitting a Community Development Block Grant (CDBG) funding application for repairs needed at the Grand Gorge Civic Center. No comments were heard in favor of or against the application. Joseph Resch stated the Grand Gorge Business Association tried to help residents realize the importance of completing and returning income surveys mailed to them as a requirement of the funding agency, however, most residents did not want to reveal their income level. It was also stated the second public hearing approved at the May 8, 2017 Board meeting that was to be held July 10, 2017 at 7:20 pm is not needed as only one public hearing is required at this time.
Councilman Allen Hinkley arrived to the meeting at 7:23 pm.
Councilman Gene Cronk arrived at 7:25 pm.
The Public Hearing closed at 7:27 pm.
The regular meeting was called to order at 7:30 pm with one additional resident in attendance.
On motion of Gene Cronk second by Edward Raeder the Minutes of the May 8th meeting were approved.
AYES-5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS-0
Glenn Faulkner of Margaretville Telephone Co. (MTC) was present to give a status report of projects.
1. Construction will begin in July on the 12X12 equipment building at the Town parking lot by the old health building
2. Survey crews are working north of Roxbury for broadband expansion
3. The tower being replaced at the top of the mountain in Grand Gorge has been delayed due to weather but concrete is anticipated to be completed this week and the rest of the work to be completed in July.
Michael Manion and Glen Howard of the snowmobile club discussed the trail system and stated they like to give a donation to Towns that allow trails in their area and presented the Town Board with a check for $150 to be used towards a local youth program.
Highway Supt. Neil German reported the new truck is here, requested promoting Corbin Bouton to fill the vacancy of Mechanic’s Helper, crews will doing stone & oil next week, crews continue to do culverts and grading roads, reported one of the old 2004 Internationals is experiencing rear end problems that will cost approximately $9,500 to repair and requested being able to make such repairs, requested putting the Hamm Roller on the auction site for sale and requested purchasing a used roller with 1900 hours under a lease to own plan at a cost of $52,000.
RESOLUTION #72-PROMOTE BOUTON TO MECHANIC’S HELPER
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, there has been a vacancy in the position of Mechanic’s Helper on the Highway Dept.; and
WHEREAS, the Highway Supt. recommends Corbin Bouton, who is currently a Heavy Equipment Operator on the Highway Dept., for the position;
NOW, THEREFORE BE IT RESOLVED, the Town Board promotes Corbin Bouton to the position of Mechanic’s Helper effective on the next payroll period that begins June 20, 2017 at a pay rate of $20.91/hour.”
AYES-4 Hinkley, Raeder, Murray, Hynes
NAYS-0
ABSTAIN-1 Cronk (relation)
RESOLUTION #73-SELL HAMM ROLLER ON AUCTION SITE
On motion of Carol Murray second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board authorizes the Highway Supt. to place the Hamm Roller for sale thru Auction’s International.”
AYES-5 Murray, Hinkley, Raeder, Cronk, Hynes
NAYS-0
Assessor Robert Breglio gave an oral report stating that he advertised times and sat with the tentative roll to discuss figures with taxpayers before Grievance Day and further stated he received only 5 applications for Grievance Day.
Sealed bids for Denver Water District Project Contract #2 Phase 1 Controls and Contract #3 Wellfield Electrical were opened on May 18, 2017 at 3:00 pm at the Town Hall. A total of four bids were received and were as follows:
Michael Harrington of Lamont Engineers discussed an updated status report on the Denver Water Project. Discussion took place on bids for Denver Water Contracts #2 and #3 showing the low bidder as Blizzard Electric. Councilman Cronk stated he is not happy with Blizzard’s work that he has seen, therefore, Supv. Hynes will contact Attorney Young regarding issues raised and awarding the bid. Harrington also discussed the bids and work to be done, Dept. of Health requiring testing of all wells that haven’t been run in years and discussed bonds and other funding.
Mr. Harrington discussed an updated status report on the Grand Gorge/Roxbury Water Project that includes funding, next steps to take and requested hiring GeoLogic for work related to the project as they have been on previous water projects.
RESOLUTION #74-HIRE GEOLOGIC NY FOR GRAND GORGE/ROXBURY WATER PROJECT
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury has determined the need for hydrogeologic consulting services associated with the development of a new potable water supply well for the Roxbury Water District and the Grand Gorge Water District; and
WHEREAS, the Town Board of the Town of Roxbury finds that it is in the best interest of the two Districts to retain an independent consultant to review, evaluate and summarize data to determine if the Hinkley site is suitable for further evaluation as a potential location for well PW-3; and
WHEREAS, the Town Board of the Town of Roxbury and the Town Attorney have reviewed the Proposal entitled “New Potable Water Supply Well (Roxbury Water District and Grand Gorge Water District) ” prepared by GeoLogic, NY, Inc.; and
WHEREAS, the Town Board has determined the adequacy of the proposal submitted by GeoLogic NY, Inc. subject to modifications made by the Town Attorney; and
WHEREAS, the Town Board desires, at this time, to enter into the Agreement with Geologic NY Inc.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF ROXBURY, DELAWARE COUNTY, NEW YORK:
The Town Board of the Town of Roxbury hereby authorizes the Town Supervisor to execute the Agreement for Environmental Consulting Services between the Town of Roxbury and GeoLogic NY, Inc. for the New Potable Water Supply Well (Roxbury Water District and Grand Gorge Water District) as outlined in the June 8, 2017 Proposal submitted to the Town Board and as modified by the Town Attorney.
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
RESOLUTION #75-DENVER WATER PROJECT FUNDING APPLICATION
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury has determined the necessity of a project named Denver Water District Water System Improvements Project to repair and replace critical water system infrastructure of the Denver Water District; and
WHEREAS, the Town is applying to the New York State Environmental Facilities Corporation Drinking Water State Revolving Fund (DWSRF) and the New York State Water Infrastructure Improvements Act for project funding, and may apply to other funding agencies.
THEREFORE BE IT RESOLVED by the Town Board of the Town of Roxbury hereby authorizes the Supervisor to sign all funding documents for the Project on its behalf.
By unanimous vote of the Town Board of the Town of Roxbury at its meeting of June 12, 2017.
AYES-5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS-0
Mr. Harrington will also contact Town Grant Writer Margaret Ellsworth regarding other funding that the water projects may be eligible for.
Building Inspector Tomi Tompkins supplied the Town Board with a detailed report of his work since he began on May 9th.
Supv. Hynes reported the ladies room at the Grand Gorge Civic Center has been backing up and requires an outside cleanout to be installed as there are no broken pipes causing the problem. Estimates will be looked into to install the cleanout.
A thank you note has been received from the Grand Gorge Senior Club for the $150 they received as budgeted for in 2017.
A letter was received from David and Barbara Munsell regarding excessive water usage at their house when they haven’t been here. The Town Board will speak more with them regarding the matter.
On motion of Allen Hinkley second by Edward Raeder the Town Board approved the Town Clerk’s monthly report for May 2017 in the amount of $4,722.88 (Town Clerk $532.88 and Building Permits $4,190.00)
AYES-5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS-0
On motion of Carol Murray second by Gene Cronk the Town Board approved the Supervisor’s monthly report for April 2017.
AYES-5 Murray, Cronk, Hinkley, Raeder, Hynes
NAYS-0
There was no written report from the Assessor.
On motion of Allen Hinkley second by Gene Cronk the Town Board approved the Building Inspector’s monthly report for May 2017.
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
On motion of Carol Murray second by Gene Cronk the Town Board approved the Monthly Water Receipts report for May 2017 in the following amounts: Denver $750.10; Grand Gorge $1,110.52 and Roxbury $1,009.02.
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 April 2017 in the amount of $4,836.00.
AYES-5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS-0
No action was taken on filling the vacancy of Planning Board Alternate.
RESOLUTION #76-STANDARD WORK DAY AND REPORTING RESOLUTION FOR ELECTED AND APPOINTED OFFICIALS
On motion of Carol Murray second by Allen Hinkley the following resolution was offered and adopted:
“BE IT RESOLVED, that the Town of Roxbury/XXXXX hereby establishes the following standard work days for these titles and will report the officials to the New York State and Local Retirement System based on their record of activities:
AYES-5 Murray, Hinkley, Raeder, Cronk, Hynes
NAYS-0
RESOLUTION #77-CIVIC CENTER CDBG FUNDING APPLICATION
On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, at a regular monthly meeting held May 8, 2017, the Town Board scheduled a Public Hearing to be held June 12, 2017 at 7:00 pm and July 10, 2017 at 7:00 pm to hear all persons regarding the submission of an application for Community Development Block Grant (CDBG) funding for repairs at the Grand Gorge Civic Center; and
WHEREAS, a Public Hearing for said CDBG Funding application was held June 12, 2017 at 7:00 pm at the Town Hall; and
WHEREAS, the Public Hearing scheduled for July 10, 2017 is not required and has been canceled; and
WHEREAS, no comments were heard against submitting an application for CDBG funding for the project;
NOW, THEREFORE BE IT RESOLVED, the Town Board hereby authorizes an application for CDBG Funding for repairs to the Grand Gorge Civic Center; and
BE IT FURTHER RESOLVED, the Town Board authorizes the Town Supervisor to execute all documents necessary associated with the CDBG funding.”
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
The appraisal has been received from L.B. Berdan & Co., Inc on the Hinkley property for the Grand Gorge/Roxbury Water Project. The Town Board withheld discussion until comments are received from the Town Assessor.
It was stated the Building Inspector attended the court date regarding a property maintenance issue on Dugan Hill Rd. The owner has been given 45 days to clean up the property or violation fees will be imposed.
It was stated the Building Inspector has determined the Building Permit fee for NYC DEP upgrades at the Grand Gorge Sewer Plant to be $9,375. The Town Board will speak with the Building Inspector before making a decision on the fee.
The Town Board has authorized the Highway Supt. to get a credit card for some purchases, therefore, the attorney is to look into revising the Employee Handbook to include the use of credit cards.
The Annual Water Quality Reports for Denver, Grand Gorge and Roxbury Water Districts have been mailed to all water customers and State Agencies, have been distributed to the Town Board and are on file at the Town Clerk’s Office.
A reminder was given the Highway Contract and Water/Sewer Contracts expire 12/31/17.
Discussion took place on the invoice of Robert L. Beebe, LLC in the amount of $6,550.30 for work on the NYCDEP sewage collection system assessment. Per the resolution of 12/8/14 there was a not to exceed amount of $5,000.
On motion of Edward Raeder second by Carol Murray, the invoice of Robert L. Beebe, LLC will remain at $5,000, with the remainder of the bills being audited and ordered paid in the following amounts:
AYES-5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS-0
RESOLUTION #78- RESOLUTION TO GO INTO EXECUTIVE SESSION TO DISCUSS HIGHWAY CONTRACT ISSUES
On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:
“Motion to go into Executive Session at 8:52 pm to address highway contract issues.”
Present in Executive Session: Supervisor Hynes, Councilmen Hinkley, Cronk, Raeder and Murray.
AYES-5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS-0
RESOLUTION #79-RESOLUTION TO RETURN TO REGULAR MEETING
On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, The Town Board returns to the Regular meeting at 9:25 pm.
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
It was stated no decisions were made as a result of Executive Session and the Personnel Committee will continue negotiations with the Roxbury Highway Worker’s Association for contract renewal.
It was also stated the Town Board was able to speak with Attorney Young via telephone regarding the Blizzard Electric bid.
RESOLUTION #80- RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ROXBURY
AWARDING THE ELETRICAL CONSTRUCTION (CONTRACTS 2 AND 3) FOR THE DENVER WATER DISTRICT PROJECT TO BLIZZARD ELECTRIC AND AUTHORIZING THE TOWN SUPERVISOR TO EXECUTE A CONTRACT FOR SUCH SERVICES
On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (the “Town Board”) has determined the necessity of a project named Denver Water District Water System Improvements Project relating to the increase and improvement of the distribution facilities of the Denver Water District (the “Denver Water District Project”); and
WHEREAS, by resolution dated April 10, 2017, the Town Board authorized the Denver Water District Project; and
WHEREAS, by resolution dated April 10, 2017, the Town Board authorized the Town of Roxbury’s Denver Water District (“DWD”) and Lamont Engineers (“Lamont”) to enter into a contract for Lamont to prepare final design and bidding phase services related to the Phase I Controls and Wellfield electrical construction contracts (Contracts 2 and 3); and
WHEREAS, the Town has concluded the solicitation of bids for Contracts 2 and 3; and
WHEREAS, the Town Board has reviewed and accepted the bid submitted by Blizzard Electric for the electrical construction for the Denver Water District Project (Contract 2 and 3); and
WHEREAS, the Town Board wishes to move forward with the Denver Water District Project; and
NOW, THEREFORE BE IT RESOLVED THAT:
1. Blizzard Electrical is hereby retained to perform the electrical construction for the Denver Water District Project.
2. The Town Supervisor is hereby authorized to execute a contract to retain Blizzard Electric for the Denver Water District Project.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
On motion of Carol Murray second by Allen Hinkley the meeting adjourned at 9:27 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
Roxbury Town Board Meeting Agenda – June 12, 2017 Town Hall
ROXBURY TOWN BOARD
Public Hearings
Regular Meeting
June 12, 2017
Town Hall
Call To Order 7:00 pm Public Hearing -Small Business Enterprise
(6/12 and 7/10 hearings now not needed as going for different
funding)
7:20 pm Public Hearing-Grand Gorge Civic Center Renovations
7:30 pm Regular Meeting
Minutes
May 8th Meeting
Requests to Speak:
MTC-Update on Broadband & Tower
Department Reports:
Water / Sewer
Planning
Building & Grounds
Highway
Assessor
Building Inspector
Community Resources
Old Business
New Business
Letters to the Board:
David Munsell-water usage
Grand Gorge Sr. Club-thank you
Discussion from residents
Audits
ISSUES FOR DISCUSSION
Resolution-Town Clerk monthly report for May 2017
Resolution-Supervisor’s monthly report for April 2017
Resolution-Assessor’s monthly report for May 2017
Resolution-Building Inspector monthly report for May 2017
Resolution-monthly water receipts report for May 2017
Resolution-Justice Court monthly report for April 2017
Resolution-fill Planning Board Alternate term thru 12/31/19
Resolution-Retirement Reporting Time
Resolution-approve application submission Denver Water Project
Resolution-apply for funds for GG Civic Center repairs/renovations
NYC DEP building permit fee
Cancel second public hearing for Grand Gorge Civic Center CDBG grant scheduled for July 10th –not needed
Revise Employee Handbook to include credit card use
Annual Water Quality Reports for 2016 have been mailed to all customers
OTHER REMINDERS
Highway Contract expires 12/31/17
Water & Sewer Operator Agreements (LVDV Operations) expire 12/31/17
(new ones need to be in place by 9/1/17 for 2018 budgeting purposes)
Roxbury Town Board Approved Meeting Minutes - May 8, 2017
APPROVED MINUTES
May 8, 2017
The regular meeting of the Town Board was held May 8, 2017 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. Neil German, Assessor Robert Breglio, Parks Clerk Carolynn Faraci, Attorney Kevin Young and 3 residents.
Minutes of the April 10th regular meeting were approved on motion of Gene Cronk second by Allen Hinkley.
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
Highway Supt. Neil German reported crews are cleaning ditches, cutting brush, filling holes and cleaning off roads. He also stated the leaks in the old highway garage roof are getting worse. The matter will be looked into.
Margaret Ellsworth stated she has met with Dadras Architects regarding their proposal on the Kirkside Kitchen and all appears okay. A grease trap will also have to be installed at a cost of $4,000-$6,000. Two public hearings will have to be held each for the proposed Small Business Enterprise grant and the renovations for the Grand Gorge Civic Center and were requested to be held in June and July. Income surveys are required for the Civic Center application to get low income status. The survey will be in State approved format and are expected to be mailed out this week to residents and are for renters as well. Updated cost estimates will be needed from Lamont Engineers, PC. Joseph Resch of the Grand Gorge Business Alliance offered to get out a brochure to residents to explain the income survey as well. Resolutions will be needed to apply for the funding on both. A Consolidated Funding Application is also expected to be submitted for the Gould Church work. CDBG Funding applications are due out in September and Ellsworth requested applying for $200,000 to do 10 homes but the Town Board wants to do the maximum of $400,000 for 20 homes.
RESOLUTION #59- RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY TO AMEND DADRAS ARCHITECTS CONTRACT FOR KIRKSIDE KITCHEN PROJECT
On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (“Town Board”) desires to improve the north barn in Kirkside to be developed as a commercial, community kitchen to serve the agricultural community as well as artisan food producers (the “Project”); and
WHEREAS, Dadras Architects of Liberty, New York submitted a Proposal for Professional Consulting Services: Architectural Services dated April 3, 2017 (the “Proposal”), identifying tasks associated with the Proposal (“Architectural Services”) and costs associated with the Proposal (“Costs”)(collectively the “Contract”); and
WHEREAS, by Resolution #45, the Town retained Dadras Architects to perform the Contract; and
WHERAS, the Town Board now desires to amend the Contract to include additional services, including the design of a grease trap (“Grease Trap Design”); and
NOW THEREFORE BE IT RESOLVED THAT
1. The Town Board of the Town of Roxbury hereby authorizes amendment to the Contract to include additional services, including the design of a grease trap.
2. The Town Board of the Town of Roxbury hereby authorizes the Costs under the Contract to also include the Grease Trap Design and shall be Nine Thousand Seven Hundred Fifty and 00/100 ($9,750.00).
3. The Town Board of the Town of Roxbury authorizes the Town Supervisor to execute the necessary amendment paperwork to the Contract.
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Hinkley, Murray, Cronk, Raeder, Hynes
NAYS-0
RESOLUTION #60-PUBLIC HEARING SMALL BUSINESS MICRO ENTERPRISE APPLICATION
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board will hold a Public Hearing on June 12, 2017 at 7:00 pm and July 10, 2017 at 7:00 pm to hear comments on submission of an application under the Small Business Micro Enterprise program for local small business assistance.”
AYES-5 Cronk, Raeder, Hinkley, Murray
NAYS-0
RESOLUTION #61-PUBLIC HEARING GRAND GORGE CIVIC CENTER CDBG APPLICATION
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, The Community Development Block Grant (CDBG) program is administered by the New York State Office of Community Renewal (OCR), and will make available to eligible local governments approximately $300,000 with the principal purpose of benefitting low/moderate income persons; and
WHEREAS, a Public Hearing will provide further information about the CDBG program and will allow for citizen participation in the development of the proposed grant application for repair and improvements to the Grand Gorge Civic Center; and
WHEREAS, the Public Hearing is being conducted pursuant to Section 570.486, Subpart I of the CFR and in compliance with the requirements of the Housing and Community Development Act of 1974, as amended;
NOW, THEREFORE BE IT RESOLVED The Town Board of the Town of Roxbury will hold a Public Hearing on June 12, at 7:20 PM and July 10, 2017 at 7:20 PM at the Roxbury Town Hall for the purpose of hearing public comments on the Town of Roxbury’s submission of a Community Development Block Grant (CDBG) application for the Grand Gorge Civic Center for the 2017 program year. “
AYES-5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS-0
Bookkeeper/Parks Clerk Carolynn Faraci reported the CPA’s have completed the 2016 audit where no problems were encountered. We are just waiting to hear from NYCDEP on the 2016 Denver Sewer Reconciliation. The Daisy Scouts planted several flower beds and trees in Kirkside Park as one of their projects. Missing glass panes in the Park Dollhouse windows will be repaired shortly.
Assessor Robert Breglio stated the 2017 Tentative Roll was filed with the Town Clerk on May 1st, assessment change notices have been mailed out, Grievance Day is May 25th, he is finishing the State model comparisons and found 25 that he doesn’t agree with mainly due to us using only Town of Roxbury sales but the State uses sales in the entire County, and added, the goal is to stay within 5% to stay at 100% value.
Rebecca Manning of the Catskill Recreational Center gave an overview of the center itself, the wide variety of programs offered and new activities that are in the planning stages. Life Guard courses and scholarships are available for students. Ms. Manning requested ideas from the public for possible future programs. Current membership is approximately at 700.
RESOLUTION #62- RESOLUTION TO GO INTO EXECUTIVE SESSION TO DISCUSS A PERSONNEL ISSUE
On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:
“Motion to go into Executive Session at 8:10 pm to address a personnel issue with the Town Attorney. The communications will be privileged and confidential and protected by the attorney/client privilege.”
Present in Executive Session: Supervisor Hynes, Councilmen Hinkley, Cronk, Raeder, Murray, Attorney Young and Tomi Tompkins.
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
Tomi Tompkins exited Executive Session at 8:23pm.
RESOLUTION #63-RETURN TO REGULAR MEETING
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, The Town Board and Attorney returned to the Regular meeting at 8:34 pm.
AYES-5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS-0
RESOLUTION #64- RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY RETAINING TOMI TOMPKINS AS TOWN CEO
On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury (“Town”) desires to retain Tomi Tompkins, with an address of 375 Blackberry St., Stamford, NY 12167, as Code Enforcement Officer (“CEO”) for the Town of Roxbury; and
WHEREAS, the Town has prepared an Employment Agreement dated May 9, 2017, to retain Tomi Tompkins as CEO; and
NOW THEREFORE BE IT RESOLVED THAT The Town Board of the Town of Roxbury authorizes the Town Supervisor to execute the Employment Agreement to retain Tomi Tompkins as CEO of the Town.
WHEREUPON, the Resolution was put to a vote and recorded as follows:
ATYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS
Discussion took place on open building permits, permit fees and mailing out notices to close out old permits. Mr. Tompkins said he would bring in copies of his other Towns’ fee schedules to see how they compare to ours as our fees have not been changed since 2005.
Joseph Resch stated he has discussed the ideas for the plaque at the Civic Center property in memory of Dave and Paul Martin. Further options were discussed with the Town Board for placement. He will check into pricing.
It was stated work has halted on the Denver Water PRV vault due to in climate weather. Issues had arisen due to utilities that were unknown in that area and a NYCDEP Conservation Easement on lands of Roxbury Run Village where it would be moved to. NYCDEP has authorized the site change within the conservation easement. Attorney Young discussed funding and the tank control and wellfield electric bids that will be opened May 18th. Discussion took place on waiting to see what the bids will come in at before bonding and having General Fund cover costs until bond money is obtained per a resolution in April.
Discussion took place on Grand Gorge/Roxbury Water Project funding with prices needed on the property purchase and appraiser fees. It was discussed to have General Fund cover costs until bond funds are obtained.
A letter was received from James Brazie expressing concerns with his water pressure as he is hooked onto the Roxbury Water District. It appears he may be considering drilling a well instead.
Attorney Young discussed the emergency service contracts required from contractors doing repair work for the water and sewer districts. It will require, among other things, the contractor must notify Underground Facilities Protection Organization (UFPO) within the timelines set forth by that agency when excavation work is scheduled. Contractors must complete the contract each year.
RESOLUTION #65-RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY
APPROVING FORM OF EMERGENCY STANDBY AGREEMENT AND AUTHORIZING EXECUTION OF AGREEMENT
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (the “Town Board”) has determined the necessity of entering into agreement(s) with contractor(s) to assist in the operation and maintenance of the water districts serving the residents of the Town of Roxbury (“Town”), in which the contractor(s) shall provide emergency response services, including potential excavation services, within the waters districts, on an as needed/on call basis; and
WHEREAS, at a meeting of said Town Board on May 8, 2017, the Town reviewed a draft Emergency Response Agreement (the “Agreement”) attached hereto; and
WHEREAS, the Town Board now desires to approve and distribute the Agreement to contractor(s); and
NOW, THEREFORE BE IT RESOLVED THAT:
1. The form and content of the Agreement attached hereto is hereby approved
2. Distribution of the Agreement is hereby authorized.
3. The Town Supervisor is hereby authorized to execute an Agreement to in the event emergency response services are required.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS-0
Councilman Cronk requested a letter be sent to the Tax Collector regarding complaints of not returning phone calls and receipts for payment of taxes. The Town Board discussed the matter. Attorney Young will draft a letter regarding the issues.
On motion of Allen Hinkley second by Carol Murray the Town Board approved the Town Clerk’s monthly report for April 2017 in the amount of $2,539.50 (Town Clerk $1,354.50 and Building Permits $1,185.00)
AYES-5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS-0
On Motion of Edward Raeder second by Allen Hinkley the Town Board approved the Supervisor’s monthly report for March 2017.
AYES-5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS-0
On motion of Edward Raeder second by Carol Murray the Town Board approved the Assessor’s monthly report for April 2017.
AYES-5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS-0
There is no monthly report for the Building Inspector.
On motion of Allen Hinkley second by Edward Raeder the Town Board approved the monthly water receipts report for April 2017 in the following amounts: Denver $3,617.42, Grand Gorge $2,829.53 and Roxbury $4,272.73.
AYES-5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS-0
On motion of Gene Cronk second by Carol Murray the Town Board approved the Justice Court monthly reports for February 2017 in the amount of $4,892.00 and March 2017 in the amount $6,194.00.
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
On motion of Allen Hinkley second by Carol Murray the Town Board approved the Tax Collector monthly report for April 2017.
AYES-5 Hinkley, Murray, Cronk, Raeder, Hynes
NAYS-0
RESOLUTION #66- RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY
RETAINING NORTON ROSE FULBRIGHT US LLP AS BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (the “Town Board”) has determined the necessity of a project named Denver Water District Water System Improvements Project relating to the increase and improvement of the distribution facilities of the Denver Water District (the “Denver Water District Project”); and
WHEREAS, at a meeting of said Town Board on March 13, 2017, an order was duly adopted specifying that the Town Board would meet to consider the Denver Water District Project, at an estimated maximum cost of $1,000,000, and to hear all persons interested in the subject; and
WHEREAS, a notice of adoption of said order duly certified by the Town Clerk was duly published and posted as required by law; and
WHEREAS, a public hearing was duly held at which all persons desiring to be heard were duly heard; and
WHEREAS, by resolution dated April 10, 2017, the Town Board authorized the Denver Water District Project at the maximum estimated cost of $1,000,000, by the issuance of the $1,000,000 bonds of the Town of Roxbury, Delaware County, New York; and
WHEREAS, the Town of Roxbury now requires bond counsel to assist in the Town’s issuance of bonds and provide for the rights of the holders thereof; and
WHEREAS, Norton Rose Fulbright US LLP (“Bond Counsel”) has presented an outline of legal services (the “Retainer Agreement”) to the Town; and
NOW, THEREFORE BE IT RESOLVED THAT:
1. The law firm of Norton Rose Fulbright US LLP is hereby appointed bond counsel to the Town in relating to the proposed issuance of the bond for the Denver Water District Project.
2. The Town Supervisor is hereby authorized to execute the Retainer Agreement to retain Bond Counsel for the Denver Water District Project.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS-0
RESOLUTION #67- RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY
RETAINING NORTON ROSE FULBRIGHT US LLP AS BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT
On motion of Edward Raeder second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (the “Town Board”) has determined the necessity of a project named Grand Gorge Water District Water System Improvements Project relating to the increase and improvement of the distribution facilities of the Town’s Grand Gorge Water District (the “Grand Gorge Water District Project”); and
WHEREAS, at a meeting of said Town Board on March 13, 2017, an order was duly adopted specifying that the Town Board would meet to consider the Grand Gorge Water District Project, at an estimated maximum cost of $1,705,500, and to hear all persons interested in the subject; and
WHEREAS, a notice of adoption of said order duly certified by the Town Clerk was duly published and posted as required by law; and
WHEREAS, a public hearing was duly held at which all persons desiring to be heard were duly heard; and
WHEREAS, by resolution dated April 10, 2017, the Town Board authorized the Grand Gorge Water District Project at the maximum estimated cost of $1,705,500, by the issuance of the $1,705,500 bonds of the Town of Roxbury, Delaware County, New York; and
WHEREAS, the Town of Roxbury now requires bond counsel to assist in the Town’s issuance of bonds and provide for the rights of the holders thereof; and
WHEREAS, Norton Rose Fulbright US LLP (“Bond Counsel”) has presented an outline of legal services (the “Retainer Agreement”) to the Town; and
NOW, THEREFORE BE IT RESOLVED THAT:
1. The law firm of Norton Rose Fulbright US LLP is hereby appointed bond counsel to the Town in relating to the proposed issuance of the bond for the Grand Gorge Water District Project.
2. The Town Supervisor is hereby authorized to execute the Retainer Agreement to retain Bond Counsel for the Grand Gorge Water District Project.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Raeder, Cronk, Hinkley, Murray, Hynes
NAYS-0
RESOLUTION #68- RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY
RETAINING NORTON ROSE FULBRIGHT US LLP AS BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (the “Town Board”) has determined the necessity of a project named Roxbury Water District Water System Improvements Project relating to the increase and improvement of the distribution facilities of the Town’s Roxbury Water District (the “Roxbury Water District Project”); and
WHEREAS, at a meeting of said Town Board on March 13, 2017, an order was duly adopted specifying that the Town Board would meet to consider the Roxbury Water District Project, at an estimated maximum cost of $1,794,500, and to hear all persons interested in the subject; and
WHEREAS, a notice of adoption of said order duly certified by the Town Clerk was duly published and posted as required by law; and
WHEREAS, a public hearing was duly held at which all persons desiring to be heard were duly heard; and
WHEREAS, by resolution dated April 10, 2017, the Town Board authorized the Roxbury Water District Project at the maximum estimated cost of $1,794,500, by the issuance of the $1,794,500 bonds of the Town of Roxbury, Delaware County, New York; and
WHEREAS, the Town of Roxbury now requires bond counsel to assist in the Town’s issuance of bonds and provide for the rights of the holders thereof; and
WHEREAS, Norton Rose Fulbright US LLP (“Bond Counsel”) has presented an outline of legal services (the “Retainer Agreement”) to the Town; and
NOW, THEREFORE BE IT RESOLVED THAT:
1. The law firm of Norton Rose Fulbright US LLP is hereby appointed bond counsel to the Town in relating to the proposed issuance of the bond for the Roxbury Water District Project.
2. The Town Supervisor is hereby authorized to execute the Retainer Agreement to retain Bond Counsel for the Roxbury Water District Project.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS-0
Proper notification has been received from Creekside Café stating they intend to renew their liquor license with the NYS Liquor Authority.
On motion of Edward Raeder second by Gene Cronk the Town Board had no objections to the renewal of a liquor license for Creekside Café.
AYES-5 Raeder, Cronk, Hinkley, Murray, Hynes
NAYS-0
RESOLUTION #69-GENERAL FUND TRANSFER FUNDS TO PAY GRAND GORGE/ROXBURY WATER PROJECT COSTS
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town Board, April 10, 2017, adopted a resolution authorizing the issuance of $1,794,500 bonds of the Town of Roxbury to pay the $1,794,500 maximum estimated cost of the increase and improvement of the facilities of the Town’s Roxbury Water District, in and for said Town; and
WHEREAS, the Town Board, April 10, 2017, adopted a resolution authorizing the issuance of $1,705,500 bonds of the Town of Roxbury to pay the $1,705,500 maximum estimated cost of the increase and improvement of the facilities of the Town’s Grand Gorge Water District, in and for said Town; and
WHEREAS, costs have been incurred on the project but no bond monies have been obtained as of this date;
NOW, THEREFORE BE IT RESOLVED, the Town Board authorizes costs for the Grand Gorge/Roxbury Water Improvements Project work to be paid using transferred General Fund monies which must be reimbursed within one year of the date of transfer using obtained bond monies.”
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
Proper notification has been received from Rhinecliff Hospitality LLC (Cassie’s Café) stating they are applying to the NYS Liquor License for a liquor license at that location and request a 30 day waiver from the Town Board.
RESOLUTION #70-LIQUOR LICENSE RHINECLIFF HOSPITALITY LLC (CASSIE’S CAFÉ)
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town Board has received notification that Rhinecliff Hospitality, LLC (Cassie’s Café), will be applying for a NYS Liquor License; and
WHEREAS, Rhinecliff Hospitality, LLC (Cassie’s Café), has requested waiving the 30 day hold on said license;
NOW, THEREFORE BE IT RESOLVED, the Town Board has no objections with the issuance of a liquor license to Rhinecliff Hospitality, LLC (Cassie’s Café),; and
BE IT FURTHER RESOLVED, the Town Board approves waiving the 30 day license hold.”
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
Discussion took place on the proposal of L.B. Berdan & Co., Inc. to prepare an appraisal of the Hinkley property in conjunction with the Grand Gorge/Roxbury Water System Improvements project.
RESOLUTION #71-RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY
RETAINING LEONARD B. BERDAN & CO., INC. AND AUTHORIZING EXECUTION OF AGREEMENT
On motion of Edward Raeder second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (the “Town Board”) has determined the necessity of a project named Grand Gorge/Roxbury Water System Improvements Project relating to the increase and improvement of the distribution facilities of the Town’s Grand Gorge and Roxbury Water Districts (the “Water District Project”); and
WHEREAS, at a meeting of said Town Board on March 13, 2017, an order was duly adopted specifying that the Town Board would meet to consider the Roxbury Water District Project, at an estimated maximum cost of $1,794,500, and to hear all persons interested in the subject; and
WHEREAS, at a meeting of said Town Board on March 13, 2017, an order was duly adopted specifying that the Town Board would meet to consider the Grand Gorge Water District Project, at an estimated maximum cost of $1,705,500, and to hear all persons interested in the subject; and
WHEREAS, a notice of adoption of said order duly certified by the Town Clerk was duly published and posted as required by law; and
WHEREAS, a public hearing was duly held at which all persons desiring to be heard were duly heard; and
WHEREAS, by resolution dated April 10, 2017, the Town Board authorized the Grand Gorge and Roxbury Water District Projects; and
WHEREAS, the Town of Roxbury now requires an appraisal of property for potential acquisition related to the “Water District Project”; and
WHEREAS, Leonard B. Berdan & Co., Inc. (“Appraiser”) has presented an appraisal proposal for appraisal services (the “Retainer Agreement”) to the Town; and
NOW, THEREFORE BE IT RESOLVED THAT:
1. Leonard B. Berdan & Co., Inc. is hereby retained as an appraiser to the Town relating to the Grand Gorge/Roxbury Water District Projects.
2. The Town Supervisor is hereby authorized to execute the Retainer Agreement to retain Leonard B. Berdan & Co., Inc. as an appraiser for the Grand Gorge/Roxbury Water District Projects.
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Raeder, Cronk, Murray, Hynes
NAYS-0
ABSTAIN-1 Hinkley (relation to landowner)
No action was taken on filling the vacancy for Planning Board Alternate Member.
A reminder was given that the current Highway contracts and Water/Sewer contracts expire 12/31/17 and new ones need to be in place by 9/1/17 for 2018 budgeting purposes.
The Highway Supt. requested a bill from Blake Equipment be added to the abstract of bills.
On motion of Edward Raeder second by Carol Murray the bills were audited, and after addingVoucher#117 Blake Equipment $535.50 to Highway Fund, all bills were ordered paid in the following amounts:
General Fund #172-217 – $134,168.19
Special Lights #7 – $2,163.90
Highway Fund #92-117 – $71,334.28
Capital Projects:
Roxbury Water #31-37 – $1,941.09
Roxbury Water Proj #3,5,6 – $4,728.26
Grand Gorge Water #34-41 – $2,496.09
GG Water Project #4,7,8 – $4,729.46
Denver Water District #33-39 – $10,024.27
Denver Water Proj. #9-10 – $24,552.01
Roxbury Sewer #25-31 – $7,221.44
Community Kitchen #11 – $2,600.00
Denver Sewer #42-52 – $17,498.03
AYES-5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS-0
On motion of Carol Murray second by Allen Hinkley the meeting adjourned at 9:33 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
Roxbury Tuwn Board Meeting Agenda - May 8, 2017
Call To Order Public Hearings & Regular Meeting 7:30 pm
ROXBURY TOWN BOARD
Regular Meeting
May 8, 2017
Town Hall
Call To Order Public Hearings & Regular Meeting 7:30 pm
Minutes April 10th Meeting
Requests to Speak:
Mike Harrington-Water Projects
Rebecca Manning-Catskill Recreational Center
Department Reports:
Water / Sewer
Planning
Building & Grounds
Highway
Assessor
Building Inspector
Community Resources
Old Business
New Business
Letters to the Board:
James Brazie-Roxbury Water pressure
Discussion from residents
Audits
ISSUES FOR DISCUSSION
· Resolution-Town Clerk monthly report for April 2017
· Resolution-Supervisor’s monthly report for March 2017
· Resolution-Assessor’s monthly report for April 2017
· Resolution-Building Inspector monthly report for April 2017
· Resolution-monthly water receipts report for April 2017
· Resolution-Justice Court monthly report for February & March 2017
· Resolution-Tax Collector monthly report for April 2017
· Resolution-Bond Counsel agreement for Denver Water Project
· Resolution-Bond Counsel agreement for GG Water Project
· Resolution-Bond Counsel agreement for Roxbury Water Project
· Resolution-Liquor License Renewal Creekside Cafe
· Resolution-fill Planning Board Alternate term thru 12/31/19
· Resolution- GG/Roxbury Water Project bills-loan till bond?
· Building Inspector vacancy
· Contractor’s and UFPO notices (Agreement?)
OTHER REMINDERS
Highway Contract expires 12/31/17
Water & Sewer Operator Agreements (LVDV Operations) expire 12/31/17 (new ones need to be in place by 9/1/17 for 2018 budgeting purposes)
Roxbury Town Board Approved Meeting Minutes - April 10, 2017
Two Public Hearings and the regular monthly meeting of the Town Board were held April 10, 2017 beginning at 7:15 pm at the Grand Gorge Civic Center. Present: Superviosr Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Assessor Robert Breglio, Parks Clerk Carolynn Faraci, Town Attorney Kevin Young and 8 residents. Absent: Highway Supt. Neil German (due to illness).
APPROVED MINUTES
April 10, 2017
Two Public Hearings and the regular monthly meeting of the Town Board were held April 10, 2017 beginning at 7:15 pm at the Grand Gorge Civic Center. Present: Superviosr Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Assessor Robert Breglio, Parks Clerk Carolynn Faraci, Town Attorney Kevin Young and 8 residents. Absent: Highway Supt. Neil German (due to illness).
The Public Hearing regarding the Roxbury Water District Improvement Project was called to order at 7:15 pm. The notice calling for the Public Hearing was read. Michael Harrington of Lamont Engineers distributed handouts and discussed the proposed shared improvements, specific improvements for Roxbury Water and bonding of funds for same. Much of the work will be shared between Roxbury and Grand Gorge Water Districts, however there is specific work just for Roxbury Water District. Councilman Cronk stated he would like to see more testing for filtering PW2. Harrington responded that PW2 does not have adequate gallons/minute and the springs also have several months tested that show very low gallons/minute. Discussion also took place on funding sources.
With no other comments the hearing closed at 7:44 pm.
The Public Hearing regarding the Grand Gorge Water District Improvement Project was called to order at 7:44 pm. The notice calling for the Public Hearing was read. Having discussed the shared work during the Roxbury Water hearing, Mr. Harrington discussed proposed work specific to Grand Gorge Water District. Joseph Resch expressed concerns as to why water tank painting would take precedence over replacing water lines. Plans are for replacing 2000 ft of water main lines but service line replacement would still be the responsibility of the homeowner. Discussion also took place on funding sources.
With no other comments the hearing closed at 7:50 pm.
The regular meeting was called to order at 7:50 pm.
The Minutes of the March 13th regular meeting and the April 3rd Special Meeting were approved on motion of Carol Murray second by Gene Cronk.
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
Rita Karpoich of the Roxbury Business Association discussed the plans for the annual Sidewalk Festival which will now be the Roxbury Summer Festival. The event is expected to have more vendors, entertainment, a parade and horse drawn carriage rides. A permit application must be submitted to NYSDOT for events occurring on State Hwy 30.
Joseph Resch representing the Grand Gorge Community Action Group, requested the club be allowed to erect a plaque at the Civic Center playground in memory of Paul and David Martin who were instrumental in all they accomplished for Grand Gorge. The Town Board was in favor of the plaque. The club will design it for review by Councilmen Raeder and Murray before getting Town Board approval.
Representing the Grand Gorge Business Alliance, Mr. Resch stated they plan to hold a Business Expo at the Civic Center on September 30th and hope to have several local businesses represented.
Assessor Robert Breglio submitted a written monthly report to the Town Board and stated he is working on 2017 values for the Tentative Tax Roll, continues to compare the Town values to State values using models, questioned changing NYCDEP sewer line values per the appraisal as Town of Middletown is planning to change theirs and expressed concerns with not being notified other than by hearing second hand about DEP Conservation Easements on properties. Attorney Young discussed the conservation easement process and will look further into the matter of notification.
Requests for Proposals (RFP) were advertised for architectural services for a space in the Kirkside Park North barn to be developed as a community kitchen. A total of three proposals were received and were as follows:
Margaret Ellsworth discussed the proposals received and concerns with the great differences in price. Ms. Ellsworth stated she met will all of the company reps at the barns to discuss what is planned and recommends awarding to the low proposal contingent upon further interviews to make sure they will do as all work required by the RFP for the price as offered.
RESOLUTION #45- RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY
RETAINING DADRAS ARCHITECTS FOR KIRKSIDE KITCHEN PROJECT
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury desires to improve the north barn in Kirkside to be developed as a commercial, community kitchen to serve the agricultural community as well as artisan food producers (the “Project”); and
WHEREAS, Dadras Architects of Liberty, New York submitted a Proposal for Professional Consulting Services: Architectural Services dated April 3, 2017 (the “Proposal”), identifying tasks associated with the Proposal (“Architectural Services”) and costs associated with the Proposal (“Costs”); and
WHEREAS, the Town desires to retain Dadras Architects to perform the Architectural Services identified in the Proposal based on the estimated Costs in the Proposal; and
NOW THEREFORE BE IT RESOLVED THAT The Town Board of the Town of Roxbury hereby retains Dadras Architects of Liberty, New York to perform the Architectural Services identified in the Proposal based on the estimated Costs in the Proposal; and
BE IT FURTHER RESOLVED The Town Board of the Town of Roxbury authorizes the Town Supervisor to execute the necessary paperwork to retain Dadras Architects for the Project.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS-0
Ellsworth also added she has begun the income surveys required for the proposed home rehabilitation grant application and Grand Gorge Civic Center renovation grant application.
Parks Clerk, Carolynn Faraci reported Hayden O’Shaughnessy took a picture of the Kirkside Park buildings for her school photography class and it will be used on the cover of the next MTC Telephone book. Congratulations to Hayden.
Michael Harrington distributed a handout of status and updated the Town Board on status of Denver Water improvements stating the work for a new Pressure Reducing Valve (PRV) vault is expected to begin next week. Discussion took place on NYS Dept. of Health (DOH) comments on the proposed well electric and tank telemetry work. Harrington requested advertising for bids for the well electric and tank telemetry upon DOH approval. NYS Environmental Facilities Corporation (EFC) is also requiring MWBE information to be added to Lamont Engineering agreements for the water projects.
RESOLUTION #46- RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ROXBURY AUTHORIZING LAMONT ENGINEERS TO PREPARE NEXT PHASE BID DOCUMENTS AND ENGINEERING DESIGN DOCUMENTS RELATED TO DENVER WATER SYSTEM IMPROVEMENT PROJECT
On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury’s Denver Water District (“DWD”) has entered into contracts for improvements to the Denver Water System (the “Project”); and
WHEREAS, the DWD and Lamont Engineers (“Lamont”) entered into an initial contract for project development services related to improvements to be made to the Denver Water System (the “Contract”);
WHEREAS, the next phases of the Project include final design and bidding phase services related to the Phase I Controls and Wellfield electrical construction contracts (Contracts 2 and 3); and
WHEREAS, Lamont shall prepare the final design and bidding phase services documents upon approval of the Town Board of the Town of Roxbury; and
NOW THEREFORE BE IT RESOLVED THAT The Town Board of the Town of Roxbury authorizes Lamont Engineers to proceed with the preparation of the final design and bidding phase services related to Phase I Controls and Wellfield electrical construction contracts (Contracts 2 and 3).”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS-0
RESOLUTION #47-GENERAL FUND LOAN TO DENVER WATER DISTRICT
On motion of Allen Hinkley second by Gene Cronk, the following resolution was offered and adopted:
“WHEREAS, the Town Board, on January 3, 2017, adopted a resolution authorizing the issuance of $400,000 bonds of the Town of Roxbury to pay part of the $1,000,000 maximum estimated cost of the increase and improvement of the facilities of the Town’s Denver Water District, in and for said Town; and
WHEREAS, no bonds have been obtained as of this date; and
WHEREAS, the Town Board, on February 13, 2017, awarded a bid to Evergreen Mountain Contractors, Inc. for installing a new Pressure Reducing Valve (PRV) vault in the amount of $47,550.00; and
WHEREAS, said work is scheduled to begin next week; and
WHEREAS, no bond funds have been obtained as of this date;
NOW, THEREFORE BE IT RESOLVED, the Town Board authorizes costs for the Denver Water District PRV work to be paid by the Town’s General Fund which will be reimbursed upon the receipt of bond monies when obtained; and
BE IT FURTHER RESOLVED, General Fund shall be reimbursed the funds used for the PRV costs within one year of the date loaned.
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
RESOLUTION #48- RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ROXBURY AUTHORIZING THE TOWN SUPERVISOR TO EXECUTE AN AMENDMENT TO THE
CONTRACT WITH THE DENVER WATER DISTRICT WITH LAMONT ENGINEERS TO INCLUDE AN ADDENDUM
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Denver Water District (“DWD”) and Lamont Engineers (“Lamont”) entered into an agreement for improvements to be made to the Denver Water System (the “Contract”);
WHEREAS, the State of New York (the “State”) is funding a portion of the improvements to be made to the Denver Water System; and
WHEREAS, the State requires an addendum to the Contract relating to minority/woman-owned business; and
WHEREAS, the addition of the addendum to the Contract relating to minority/woman-owned business shall require an amendment to the Contract; and
WHEREAS, the Town of Roxbury has prepared an amendment to the Contract to add the addendum to the Contract relating to minority/woman-owned business; and
NOW THEREFORE BE IT RESOLVED THAT
The Town Board of the Town of Roxbury authorizes the Town Supervisor to execute the amendment to the Contract to add the addendum to the Contract relating to minority/woman-owned business.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-Cronk, Raeder, Hinkley, Murray, Hynes
NAYS-0
Supervisor Hynes stated the pumping issues with Roxbury/Grand Gorge PW1 pump house have improved.
The following resolution was offered by Councilman Allen Hinkley who moved its adoption, seconded by Councilwoman Carol Murray, to-wit:
RESOLUTION #49
In the Matter
of
the Increase and Improvement of the Facilities of the Grand Gorge Water District in the Town of Roxbury, Delaware County, New York
PUBLIC INTEREST ORDER
WHEREAS, the Town Board of the Town of Roxbury, Delaware County, New York, has duly caused Lamont Engineers, engineers duly licensed in the State of New York, to prepare a Preliminary Engineering Report, dated September 1, 2016, constituting a map, plan and an estimate of cost, pursuant to Section 202‑b of the Town Law (the “Report”), relating to the increase and improvement of the distribution facilities of the Town’s Grand Gorge Water District, including storage tank painting and site improvements, water main replacement, selected valve and hydrant replacement, emergency generators for the Pressure Reducing Valve Vault and the storage tank site, and miscellaneous equipment procurement, and the increase and improvement of the water supply facilities of the Roxbury Water District for the joint benefit of the Grand Gorge Water District and the Roxbury Water District, including a new well, a new well control building and appurtenances and the rehabilitation of the PW-1 well house, together with emergency generators for PW-1, PW-3, the Roxbury Reservoir and the Roxbury Springs Station, a new chlorine contact main for PW-1 and PW-3, filtration for the Roxbury Spring Source to improve water quality, associated booster pumping, and controls system replacement, all as more fully described in the Report, which Report is on file in the office of the Town Clerk where it is available for public inspection during normal business hours; and
WHEREAS, the Grand Gorge Water District is entirely contained with the Town; and
WHEREAS, the maximum amount proposed to be expended for said increase and improvement is $1,705,500, which amount shall be allocated and charged as the cost of various capital improvements to the facilities of the Grand Gorge Water District, and shall be borne by the Grand Gorge Water District; and
WHEREAS, the capital project heretofore described, based on information supplied to the Town Board, has been determined by the Town Board to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which the Town Board has determined will not result in any significant environmental effects; and
WHEREAS, at a meeting of said Town Board on March 13, 2017, an order was duly adopted by it and entered in the minutes specifying that the said Board would meet to consider the increase and improvement of the facilities of the Town’s Grand Gorge Water District, in said Town at an estimated maximum cost of $1,705,500, and to hear all persons interested in the subject thereof concerning the same at the Civic Center, in Grand Gorge, New York, in said Town, on April 10, 2017, at 7:20 o’clock P.M., Prevailing Time; and
WHEREAS, a notice of adoption of said order duly certified by the Town Clerk was duly published and posted as required by law, to‑wit: a duly certified copy thereof was published in the official newspaper of this Town, on March 29, 2017 and a copy of such notice was posted on March 29, 2017, on the signboard maintained by the Town Clerk of the Town of Roxbury, pursuant to Section 30, subdivision 6 of the Town Law; and
WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT
ORDERED, by the Town Board of the Town of Roxbury, Delaware County, New York, as follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to increase and improve the facilities of the Town’s Grand Gorge Water District, consisting of the increase and improvement of the distribution facilities of the Town’s Grand Gorge Water District, storage tank painting and site improvements, water main replacement, selected valve and hydrant replacement, emergency generators for the Pressure Reducing Valve Vault and the storage tank site, and miscellaneous equipment procurement, and the increase and improvement of the water supply facilities of the Roxbury Water District for the joint benefit of the Grand Gorge Water District and the Roxbury Water District, including a new well, a new well control building and appurtenances and the rehabilitation of the PW-1 well house, together with emergency generators for PW-1, PW-3, the Roxbury Reservoir and the Roxbury Springs Station, a new chlorine contact main for PW-1 and PW-3, filtration for the Roxbury Spring Source to improve water quality, associated booster pumping, and controls system replacement, in the Town of Roxbury, Delaware County, New York, including incidental expenses in connection therewith, at an estimated maximum cost of $1,705,500.
Section 2. This order shall take effect immediately.
The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows:
Allen Hinkley VOTING AYE
Carol Murray VOTING AYE
Gene Cronk VOTING AYE
Edward Raeder VOTING AYE
Thomas S. Hynes VOTING AYE
The order was thereupon declared duly adopted.
RESOLUTION #50
In the Matter
of
the Increase and Improvement of the Facilities of the Roxbury Water District in the Town of Roxbury, Delaware County, New York
PUBLIC INTEREST ORDER
WHEREAS, the Town Board of the Town of Roxbury, Delaware County, New York, has duly caused Lamont Engineers, engineers duly licensed in the State of New York, to prepare a Preliminary Engineering Report, dated September 1, 2016, constituting a map, plan and an estimate of cost, pursuant to Section 202‑b of the Town Law (the “Report”), relating to the increase and improvement of the distribution facilities of the Town’s Roxbury Water District, including water main replacement, selected valve and hydrant replacement, and miscellaneous equipment procurement, and the increase and improvement of the water supply facilities of the Roxbury Water District for the joint benefit of the Roxbury Water District and the Grand Gorge Water District, including a new well, a new well control building and appurtenances and the rehabilitation of the PW-1 well house, together with emergency generators for PW-1, PW-3, the Roxbury Reservoir and the Roxbury Springs Station, a new chlorine contact main for PW-1 and PW-3, filtration for the Roxbury Spring Source to improve water quality, associated booster pumping, and controls system replacement, in the Town of Roxbury, Delaware County, New York, all as more fully described in the Report, which Report is on file in the office of the Town Clerk where it is available for public inspection during normal business hours; and
WHEREAS, the Roxbury Water District is entirely contained with the Town; and
WHEREAS, the maximum amount proposed to be expended for said increase and improvement is $1,794,500, which amount shall be allocated and charged as the cost of various capital improvements to the facilities of the Roxbury Water District, and shall be borne by the Roxbury Water District; and
WHEREAS, the capital project heretofore described, based on information supplied to the Town Board, has been determined by the Town Board to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which the Town Board has determined will not result in any significant environmental effects; and
WHEREAS, at a meeting of said Town Board on March 13, 2017, an order was duly adopted by it and entered in the minutes specifying that the said Board would meet to consider the increase and improvement of the facilities of the Town’s Roxbury Water District, in said Town at an estimated maximum cost of $1,794,500, and to hear all persons interested in the subject thereof concerning the same at the Civic Center, in Grand Gorge, New York, in said Town, on April 10, 2017, at 7:15 o’clock P.M., Prevailing Time; and
WHEREAS, a notice of adoption of said order duly certified by the Town Clerk was duly published and posted as required by law, to‑wit: a duly certified copy thereof was published in the official newspaper of this Town, on March 29, 2017 and a copy of such notice was posted on March 29, 2017, on the signboard maintained by the Town Clerk of the Town of Roxbury, pursuant to Section 30, subdivision 6 of the Town Law; and
WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT
ORDERED, by the Town Board of the Town of Roxbury, Delaware County, New York, as follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to increase and improve the facilities of the Town’s Roxbury Water District, consisting of the increase and improvement of the distribution facilities of the Town’s Roxbury Water District, including water main replacement, selected valve and hydrant replacement, and miscellaneous equipment procurement, and the increase and improvement of the water supply facilities of the Roxbury Water District for the joint benefit of the Roxbury Water District and the Grand Gorge Water District, including a new well, a new well control building and appurtenances and the rehabilitation of the PW-1 well house, together with emergency generators for PW-1, PW-3, the Roxbury Reservoir and the Roxbury Springs Station, a new chlorine contact main for PW-1 and PW-3, filtration for the Roxbury Spring Source to improve water quality, associated booster pumping, and controls system replacement, in the Town of Roxbury, Delaware County, New York, including incidental expenses in connection therewith, at an estimated maximum cost of $1,794,500.
Section 2. This order shall take effect immediately.
The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows:
Carol Murray VOTING AYE
Edward Raeder VOTING AYE
Gene Cronk VOTING AYE
Allen Hinkley VOTING AYE
Thomas S. Hynes VOTING AYE
The order was thereupon declared duly adopted.
The following resolution was offered by Councilman Allen Hinkley, who moved its adoption, seconded by Councilman Gene Cronk to‑wit:
RESOLUTION #51
BOND RESOLUTION DATED APRIL 10, 2017.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,705,500 BONDS OF THE TOWN OF ROXBURY, DELAWARE COUNTY, NEW YORK, TO PAY THE $1,705,500 MAXIMUM ESTIMATED COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN’S GRAND GORGE WATER DISTRICT, IN AND FOR SAID TOWN.
RESOLVED, by the Town Board of the Town of Roxbury, Delaware County, New York, as follows:
Section 1. For the class of objects or purposes of paying part of the cost of the increase and improvement of the distribution facilities of the Town’s Grand Gorge Water District, including storage tank painting and site improvements, water main replacement, selected valve and hydrant replacement, emergency generators for the Pressure Reducing Valve Vault and the storage tank site, and miscellaneous equipment procurement, and the increase and improvement of the water supply facilities of the Roxbury Water District for the joint benefit of the Grand Gorge Water District and the Roxbury Water District, including a new well, a new well control building and appurtenances and the rehabilitation of the PW-1 well house, together with emergency generators for PW-1, PW-3, the Roxbury Reservoir and the Roxbury Springs Station, a new chlorine contact main for PW-1 and PW-3, filtration for the Roxbury Spring Source to improve water quality, associated booster pumping, and controls system replacement, in the Town of Roxbury, Delaware County, New York, there are hereby authorized to be issued $1,705,500 bonds of said Town pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $1,705,500, and the plan for the financing thereof is by the issuance of the $1,705,500 bonds of the Town of Roxbury, Delaware County, New York, authorized to be issued pursuant to this resolution.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years, pursuant to subdivision one of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds authorized shall exceed five years, and that the foregoing is an assessable improvement.
Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law.
Section 5. The faith and credit of said Town of Roxbury, Delaware County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. To the extent not paid by the assessment of assessable properties in the Grand Gorge Water District, there shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable.
Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Roxbury, Delaware County, New York, by the manual or facsimile signature of the Town Supervisor and a facsimile of its corporate seal shall be imprinted thereon and may be attested by the manual or facsimile signature of the Town Clerk.
Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Town Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town, provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Town Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money.
Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Town Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Town Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Town Supervisor shall determine.
Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 ‑ 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long‑term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.
Section 10. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 11. This resolution, which takes effect immediately, shall be published in summary in the Catskill Mountain News, the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Allen Hinkley VOTING AYE
Gene Cronk VOTING AYE
Edward Raeder VOTING AYE
Carol Murray VOTING AYE
Thomas S. Hynes VOTING AYE
The resolution was thereupon declared duly adopted.
The following resolution was offered by Councilman Gene Cronk, who moved its adoption, seconded by Councilman Allen Hinkley, to‑wit:
RESOLUTION #52
BOND RESOLUTION DATED APRIL 10, 2017.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,794,500 BONDS OF THE TOWN OF ROXBURY, DELAWARE COUNTY, NEW YORK, TO PAY THE $1,794,500 MAXIMUM ESTIMATED COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN’S ROXBURY WATER DISTRICT, IN AND FOR SAID TOWN.
RESOLVED, by the Town Board of the Town of Roxbury, Delaware County, New York, as follows:
Section 1. For the class of objects or purposes of paying part of the cost of the increase and improvement of the distribution facilities of the Town’s Roxbury Water District, including water main replacement, selected valve and hydrant replacement, and miscellaneous equipment procurement, and the increase and improvement of the water supply facilities of the Roxbury Water District for the joint benefit of the Roxbury Water District and the Grand Gorge Water District, including a new well, a new well control building and appurtenances and the rehabilitation of the PW-1 well house, together with emergency generators for PW-1, PW-3, the Roxbury Reservoir and the Roxbury Springs Station, a new chlorine contact main for PW-1 and PW-3, filtration for the Roxbury Spring Source to improve water quality, associated booster pumping, and controls system replacement, in the Town of Roxbury, Delaware County, New York, there are hereby authorized to be issued $1,794,500 bonds of said Town pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $1,794,500, and the plan for the financing thereof is by the issuance of the $1,794,500 bonds of the Town of Roxbury, Delaware County, New York, authorized to be issued pursuant to this resolution.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years, pursuant to subdivision one of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds authorized shall exceed five years, and that the foregoing is an assessable improvement.
Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law.
Section 5. The faith and credit of said Town of Roxbury, Delaware County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. To the extent not paid by the assessment of assessable properties in the Roxbury Water District, there shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable.
Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Roxbury, Delaware County, New York, by the manual or facsimile signature of the Town Supervisor and a facsimile of its corporate seal shall be imprinted thereon and may be attested by the manual or facsimile signature of the Town Clerk.
Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Town Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town, provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Town Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money.
Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Town Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Town Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Town Supervisor shall determine.
Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 ‑ 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long‑term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.
Section 10. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 11. This resolution, which takes effect immediately, shall be published in summary in the Catskill Mountain News, the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Gene Cronk VOTING AYE
Allen Hinkley VOTING AYE
Edward Raeder VOTING AYE
Carol Murray VOTING AYE
Thomas S. Hynes VOTING AYE
The resolution was thereupon declared duly adopted.
Highway Supt. Neil German was absent due to illness but sent a report stating crews have been sweeping roads, putting in culverts, cleaning ditches, hauling in materials and cutting brush. He also requested Town Board approval of upgrading the snowplow for the new truck that has been ordered at an additional cost of $522.
RESOLUTION #53-UPGRADE SNOW PLOW FOR NEW TRUCK
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town Board authorizes the Highway Supt. to order a 2017 Ford Super Duty F-550 truck with dump body and snow plow unde National Joint Powers Alliance (NJPA) Bid #102811 at a cost of $99,068.00 as budgeted for 2017; and
WHEREAS, the Highway Supt. requests upgrading the snow plow under NJPA Bid #120716 at an additional cost of $522;
RESOLVED, the Town Board authorizes the upgrade of the snow plow ordered with the new 2017 Ford Super Duty F550 truck under NJPA Bid # 120716 at an additional cost of $522.”
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
The Town Board received a letter from Larry Truesdell resigning his fill-in position at the Transfer Station effective March 23, 2017.
On motion of Edward Raeder second by Gene Cronk the Town Board regretfully accepted the resignation of Larry Truesdell from the Transfer Station effective March 23, 2017.
AYES-5 Raeder, Cronk, Hinkley, Murray, Hynes
NAYS-0
A letter will be sent to Mr. Truesdell thanking him for his years of service at the Transfer Station.
A card was received from the family of Vernon Pickett, Jr. thanking the Town Board and employees for flowers and sympathy cards sent.
On motion of Carol Murray second by Gene Cronk the Town Board approved the Town Clerk’s monthly report for March 2017 in the amount of $1,232.74 (Town Clerk $252.74 and Building Permits $980.00)
AYES-5 Murray, Cronk, Raeder, Hinkley, Hynes
NAYS-0
On motion of Edward Raeder second by Allen Hinkley the Town Board approved the Supervisor’s monthly report for February 2017.
AYES-5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS-0
On motion of Gene Cronk second by Allen Hinkley the Town Board approved the Assessor’s monthly report for March 2017.
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
On motion of Allen Hinkley second by Gene Cronk the Town Board approved the Building Inspector’s monthly report for March 2017 and April through April 4, 2017.
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
On motion of Carol Murray second by Edward Raeder the Town Board approved the Water District monthly report of water receipts in the following amounts: Denver Water $139.92; Grand Gorge Water $262.26 and Roxbury Water $446.34.
AYES-5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS-0
No monthly reports were approved for the Justice Court for February and March as invoices have not yet been received from the State.
On motion of Edward Raeder second by Carol Murray the Town Board approved the Tax Collector’s monthly report for March 2017.
AYES-5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS-0
RESOLUTION #54-NYSDOT PERMIT APPLICATIONS FOR MEMORIAL DAY PARADE AND SUMMER FESTIVAL
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board agrees to sponsor the Memorial Day Parades and Roxbury Summer Festival; and
BE IT FURTHER RESOLVED, the Town Board authorizes PERM 33 permit applications to be submitted to NYS Dept. of Transportation (NYSDOT) as required under the insurances of tne Town of Roxbury.”
AYES-5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS-0
RESOLUTION #55-TAX COLLECTOR RECORDS DESTRUCTION
On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board authorizes the following Tax Collector records to be destroyed pursuant to Records & Retention Schedules:
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
Notification has been received from Shepard Hills Events, LLC, located at Shepard Hills Golf Course, that they are applying for a NYS liquor license for that location and have requested waiving the 30 day hold for the license.
RESOLUTION #56-LIQUOR LICENSE SHEPARD HILLS EVENTS, LLC
On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, the Town Board has received notification that Shepard Hills Events, LLC, to be located at Shepard Hills Golf Course, will be applying for a NYS Liquor License; and
WHEREAS, Shepard Hills Events, LLC has requested waiving the 30 day hold on said license;
NOW, THEREFORE BE IT RESOLVED, the Town Board has no objections with the issuance of a liquor license to Shepard Hills Events, LLC; and
BE IT FURTHER RESOLVED, the Town Board approves waiving the 30 day license hold.”
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
No action was taken on filling the vacancy of Planning Board Alternate member.
A Catskill Watershed Corp. (CWC) report shows they have repaired 7,128 septics in the area and have awarded $152,000 in grants for organizations in the area.
RESOLUTION #57- RESOLUTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL ISSUES
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“Motion to go into Executive Session at 8:48 pm to address personnel issues and related legal issues with the Town Attorney. The communications will be privileged and confidential and protected by the attorney/client privilege.”
Present in Executive Session: Supervisor Hynes, Councilmen Hinkley, Cronk, Raeder, Murray, Attorney Young and Michael Muller.
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
Michael Muller exited Executive Session at 9:05 pm and Constable Stephen Williamson entered Executive Session.
On motion of Carol Murray second by Edward Raeder the Town Board returned to the Regular Meeting at 9:20 pm.
AYES-Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
RESOLUTION #58- RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY
RETAINING MICHAEL MULLER AS CODE ENFORCEMENT OFFICER
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury (“Town”) desires to retain Michael G. Muller, with an address of 111 Cartwright Road, Denver, New York, as Code Enforcement Officer (“CEO”) for the Town of Roxbury; and
WHEREAS, the Town has prepared an Employment Agreement dated April 11, 2017, to retain Michael G. Muller as CEO; and
NOW THEREFORE BE IT RESOLVED THAT The Town Board of the Town of Roxbury authorizes the Town Supervisor to execute the Employment Agreement to retain Michael G. Muller as CEO of the Town.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS-0
On motion of Gene Cronk second by Carol Murray the bills were audited and ordered paid in the following amounts:
General #129-171 – $34,217.23
Denver Water #25-32 – $3,547.88
Highway #63-91 – $68,975.80
Roxbury Sewer #19-24 – $23,615.97
Roxbury Water #18-30 – $11,404.33
Denver Sewer #30-41 – $16,018.58
Grand Gorge Water #18-33 – $15,476.15
Special Light Districts #6 – $2,169.57
AYES-5 Cronk, Murray, Cronk, Hinkley, Hynes
NAYS-0
Supervisor Hynes stated the Constable car phone has been changed to a different plan and future invoices should reflect a decrease in monthly costs.
On motion of Edward Raeder second by Carol Murray the meeting adjourned at 9:25 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
Roxbury Town Board Meeting Agenda - April 10, 2017
Public HearingsRegular MeetingApril 10, 2017Grand Gorge Civic CenterCall To Order 7:15 pm Public Hearing Roxbury Water Improvements7:20 pm Public Hearing Grand Gorge Water Improvements7:30 pm Regular Meeting
ROXBURY TOWN BOARD
Public Hearings
Regular Meeting
April 10, 2017
Grand Gorge Civic Center
Call To Order 7:15 pm Public Hearing Roxbury Water Improvements
7:20 pm Public Hearing Grand Gorge Water Improvements
7:30 pm Regular Meeting
Minutes March Meeting
Requests to Speak:
Mike Harrington-Water Projects
Department Reports:
Water / Sewer
Planning
Building & Grounds
Highway
Assessor
Building Inspector
Community Resources
Old Business
New Business
Letters to the Board:
Larry Truesdell-resignation
Discussion from residents
Audits
ISSUES FOR DISCUSSION
· Resolution-Town Clerk monthly report for March 2017
· Resolution-Supervisor’s monthly report for February 2017
· Resolution-Assessor’s monthly report for March 2017
· Resolution-Building Inspector monthly report for March 2017
· Resolution-monthly water receipts report for March 2017
· Resolution-Justice Court monthly report for February 2017
· Resolution-Tax Collector monthly report for March 2017
· Resolution- RFP Architect Kirkside Barns Kitchen
· Resolution-GG water Order after public hearing
· Resolution-Roxbury Water Order after public hearing
· Resolution-fill Planning Board Alternate term thru 12/31/19
· Resolution-Larry Truesdell resignation from TFS effective 3/23/17
· Resolution-Town sponsor Sidewalk Festival Application to NYSDOT
· Resolution-Tax Collector Records Destruction List
· Denver Water Bonding
· GG/Roxbury Water Project
OTHER REMINDERS
Highway Contract expires 12/31/17
Water & Sewer Operator Agreements (LVDV Operations) expire 12/31/17
(new ones need to be in place by 9/1/17 for 2018 budgeting purposes)
Roxbury Town Board Special Meeting Approved Minutes - April 3, 2017
A Special Meeting of the Town Board was held April 3, 2017 at 7:00 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Attorney Kevin Young and 2 residents.
APPROVED MINUTES
April 3, 2017
A Special Meeting of the Town Board was held April 3, 2017 at 7:00 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Attorney Kevin Young and 2 residents.
The meeting was called to discuss a personnel issue and any other business that may come before the Town Board.
RESOLUTION #43- RESOLUTION TO GO INTO EXECUTIVE SESSION TO DISCUSS A PERSONNEL ISSUE
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“Motion to go into Executive Session at 7:02 pm to address a personnel issue and related legal issues with the Town Attorney. The communications will be privileged and confidential and protected by the attorney/client privilege.”
Present in Executive Session: Supervisor Hynes, Councilmen Hinkley, Cronk, Raeder, Murray and Attorney Young.
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
On motion of Gene Cronk second by Carol Murray the Town Board returned to the Special Meeting at 7:58 pm.
AYES-Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
RESOLUTION #44- RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY
REQUIRING THE TERMINATION OF THE MONTH TO MONTH 2015 CONSULTING AGREEMENT OF CODE ENFORCEMENT OFFICER WILLIAM WALCUTT
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, pursuant to the 2015 Consulting Agreement, the Town contracted with William Walcutt to serve as CEO on a month-to-month basis, beginning on January 1, 2015 (Consulting Agreement, ¶1); and
WHEREAS, the Agreement expressly provides that the month-to-month contract is “terminable by either party on thirty (30) days notice” (Consulting Agreement, ¶1).
NOW THEREFORE BE IT RESOLVED THAT
The Town Board hereby terminates the Agreement without cause.
The Town Board hereby directs the Town Supervisor to notify the CEO by Certified Mail (Return Receipt) and Regular First Class Mail and/or by hand delivery on April 4, 2017 that the Agreement is terminated and that he will be paid in advance through May 4, 2017, that he must return the key to his office and vacate his office immediately.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-3 Raeder, Murray, Hynes
NAYS-1 Cronk
ABSTAIN-1 Hinkley
No other business was discussed.
On motion of Carol Murray second by Edward Raeder the meeting adjourned at 8:04 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
Roxbury Town Board Approved Meeting Minutes - March 13, 2017
APPROVED MINUTES
March 13, 2017
The regular meeting of the Town Board was held March 13, 2017 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen, Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Hwy. Supt. Neil German, Assessor Robert Breglio, Building Inspector William Walcutt, Assessor Clerk Stephanie Seminara, Parks Clerk Carolynn Faraci and four residents.
Hwy. Supt. Neil German reported crews are cutting brush, patching holes and plowing, requested getting a credit card for on-line purchases and has purchased a 1970 Mack truck for $2,500 to be used as a water truck. Supv. Hynes will look into getting a credit card for purchases.
The Minutes of the February meeting were approved on motion of Gene Cronk second by Allen Hinkley.
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
Undersheriff Craig Dumond was present to discuss the drug epidemic in our area, the steps they are taking to try to control it, treatment and education issues and requested help from residents in the form of an anonymous tip line 888-914-9111. Mr. Dumond also discussed the jail itself which is a 124 bed facility having 3 male pods and 1 female pod and added that several inmates are being housed from other Counties.
Mike Jonker of Lamont Engineers was present to discuss the continuing issues with Roxbury Water’s PW1 system that has been experiencing problems with pumping. Discussion took place on possible repairs and it was requested something be done to clear out the beavers again as having them there is also causing a problem.
Mr. Jonker also stated Grand Gorge water has had the lowest pumping to date of only 50,000 gallons per day on average lately.
Peg Ellsworth reported the Request for Proposals (RFP) have been advertised for an architect on the park barns kitchen that is due before the April Town Board meeting and added a good response has been received. There will be a walk thru of the project this month.
Rita Karpoich is busy working on vendors and plans for the July Sidewalk Festival.
The M-ARK Project annual boot camp is April 3-4 at the Andes Hotel and will include discussion on Main Street Revitalization, signage, etc. Town Board members were invited to attend.
Mrs. Ellsworth again requested submitting an application for housing rehab which the Town Board seemed to be in favor of.
The application for Grand Gorge Civic Center repairs will require an income survey of Grand Gorge residents. The Town Board wants to apply for funds so the M-ARK Project will do the income survey for the Town. The process was discussed.
Parks Clerk Carolynn Faraci reported she would be helping at the boot camp and has begun showing the park pavilion for prospective events.
Assessor Robert Breglio supplied a written monthly report for the Board but hi-lited that taxable status date is March 1st, many exemption applications have been received and are being processed, stated there are changes to some exemptions, discussed the difference in property values determined by the Town and ORPS that is being worked out, the Town remains at a 100% EQ Rate, trends are steady for sale prices and discussed what things change assessed values from year to year.
Attorney Kevin Young stated NYCDEP has dropped their lawsuit regarding the assessed value of the Grand Gorge sewer collection system. An appraisal came in higher than what the Town has it assessed for which was based on a template of value. The Town Assessor has requested a letter from DEP as to what they are agreeing to for the value but has received no response. Attorney Young will follow up with DEP.
Building Inspector William Walcutt supplied a written monthly report to the Town Board and further reported he has taken a code course where he stated we must enforce the section of law regarding truss construction notification on the home in case of fire. Attorney Young’s office is already looking into updating the current local law on building/fire code. The old Diversified supply building in Grand Gorge is expected to be taken down next week. A cabin has been found built without a permit and a letter has been sent to the owner but no response has been received yet.
Attorney Young discussed solar exemptions where the Town requires a PILOT Program and also discussed the process for notification to any solar application received which includes a 60 day deadline.
Councilman Hinkley will speak with B&B Construction regarding the concrete work needed at the Transfer Station and Supervisor Hynes will speak to someone in regards to fixing the gate.
Joseph Resch of the Grand Gorge Business Alliance stated they would like to do a community expo of Delaware County businesses to be held at the Civic Center and requested use of the facility in the fall. The County Chamber of Commerce is in favor of the project and will help them with promoting the event. The Town Board also spoke in favor of the event.
Mr. Resch also expressed concerns with use of the Civic Center gym where damage has occurred. Supv. Hynes and Councilman Raeder will look into the matter.
A letter was received from the Roxbury Sr. Citizen Club thanking the Town Board for the $500 budgeted for 2017.
A letter was received from the Delaware County Historical Society thanking the Town Board for support in the 2017 budget.
A letter was received from MTC Cable as notification of increases in services effective April 1, 2017.
On motion of Gene Cronk second by Allen Hinkley the Town Board approved the Town Clerk’s monthly report for February 2017 in the amount of $2,166.25 (Town Clerk $181.25 and Building Permits $1,985.00)
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
On motion of Carol Murray second by Edward Raeder the Town Board approved the Supervisor’s monthly report for January 2017.
AYES-5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS-0
On motion of Allen Hinkley second by Gene Cronk the Town Board approved the Assessor’s monthly report for February 2017.
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
On motion of Allen Hinkley second by Gene Cronk the Town Board approved the Building Inspector’s monthly report for February 2017.
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
On motion of Edward Raeder second by Carol Murray the Town Board approved the Water District Receipts monthly reports for February 2017 in the following amounts: Denver $512.60; Grand Gorge $1,120.69 and Roxbury $643.13.
AYES-5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS-0
On motion of Allen Hinkley second by Carol Murray the Town Board approved the Justice Court monthly report for January 2017 in the amount of $5,859.00.
AYES-5 Hinkley, Murray, Cronk, Raeder, Hynes
NAYS-0
On motion of Edward Raeder second by Carol Murray the Town Board approved the Tax Collector monthly report for February 2017.
AYES-5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS-0
Sealed bids for Highway Diesel Fuel were advertised and opened on March 10, 2017 at 2:00 pm at the Town Hall. A total of two bids were received and were as follows per gallon:
On motion of Carol Murray second by Gene Cronk the Town Board awarded the bids to Main Care Energy in the following amounts: Diesel Firm Price $1.9245/gallon and Winter Blend Firm Price $2.0195/gallon.
AYES-5 Murray, Cronk, Raeder, Hinkley, Hynes
NAYS-0
Sealed bids for Highway Material Hauling were advertised and opened on March 10, 2017 at 2:15 pm at the Town Hall. A total of seven bids were received and were as follows on a per ton basis:
On motion of Gene Cronk second by Allen Hinkley the Town Board awarded the bids to the two lowest bidders for each material as follows on a per ton basis:
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
Attorney Young discussed how Roxbury Sewer charges are figured by a formula. Based on the residential units, it has resulted in an overage that is to be collected from district taxes, which must be placed in a capital reserve fund for Roxbury Sewer.
RESOLUTION #34-ROXBURY SEWER OVERAGE TO CAPITAL RESERVE FUND
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Roxbury Sewer O&M Budget for the year 2017 was approved by NYCDEP in the amount of $196,990.00 and
WHEREAS, NYCDEP’s portion has been determined to be $159,585.46; and
WHEREAS, the household and commercial charges (“Town Charges”) per the formula have been determined to be $37,404.54; and
WHEREAS, based on the actual household and commercial properties, the “Town Charges” to be collected is $41,471.70 causing an overpayment of $4,067.16;
NOW, THEREFORE BE IT RESOLVED, per approval by NYCDEP, the Town Board approves the transfer of $4,067.16 from Roxbury Sewer savings to the Roxbury Sewer Capital Reserve Fund.”
AYES-5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS-0
No action was taken on filling the vacancy for an Alternate Planning Board Member.
RESOLUTION #35-LAMONT ENGINEERS AGREEMENT FOR ADDITIONAL SERVICES FOR DENVER WATER DISTRICT IMPROVEMENTS
On motion of Gene Cronk second by Allen Hinkley, the following resolution was offered and adopted:
“WHEREAS, Lamont Engineer’s, PC has submitted an Agreement for additional services pertaining to Denver Water District improvements; and
WHEREAS, said agreement will be for PRV Rehabilitation (Construction Phase Services); Phase 1 Controls (Design, Bidding, and Construction Phase Services; and Wellfield Electrical (Design, Bidding, and Construction Phase Services); and
WHEREAS; costs are expected to be not more than $25,000,
NOW, THEREFORE BE IT RESOLVED, the Town Board agrees to the terms of the Agreement with Lamont Engineer’s PC for additional Denver Water District Improvements and
authorizes the Town Supervisor to execute said Agreement in the amount of $25,000.”
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
RESOLUTION#36-YOUNG & SOMMER AGREEMENT FOR DENVER WATER DISTRICT IMPROVEMENTS
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, Young & Sommer, LLC have submitted an Agreement for legal services pertaining to proposed upgrades to the Denver Water District;
NOW, THEREFORE BE IT RESOLVED the Town Board agrees to the terms of the Agreement with Young & Sommer, LLC for legal services pertaining to proposed upgrades to the Denver Water District and authorizes the Town Supervisor to execute said Agreement.”
AYES-5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS-0
RESOLUTION#37-YOUNG & SOMMER AGREEMENT FOR ROXBURY/GRAND GORGE WATER DISTRICT IMPROVEMENTS
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, Young & Sommer, LLC have submitted an Agreement for legal services pertaining to proposed upgrades to the Roxbury/Grand Gorge Water Districts;
NOW, THEREFORE BE IT RESOLVED the Town Board agrees to the terms of the Agreement with Young & Sommer, LLC for legal services pertaining to proposed upgrades to the Roxbury/Grand Gorge Water Districts and authorizes the Town Supervisor to execute said Agreement.”
AYES-5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS-0
RESOLUTION #38-TRANSFER FUNDS TO HIGHWAY CAPITAL RESERVE
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Highway Fund savings account had a fund balance as of December 31, 2016,
NOW THEREFORE BE IT RESOLVED, the Town Board approves the transfer of $50,000 from Highway savings to the Highway Equipment Reserve Fund.”
AYES-5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS-0
The Annual Financial Report for the year 2016 has been filed with the State Comptroller. A copy is also on file at the Town Clerk’s Office.
Attorney Young discussed the Town being lead agency on the Roxbury/Grand Gorge Water District improvements project and further discussed the SEQR/ EAF process which requires a negative declaration.
RESOLUTION #39 – SEQR NEGATIVE DECLARATION RESOLUTION FOR THE ROXBURY/GRAND GORGE WATER PROJECT
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury is undertaking a project called the Roxbury and Grand Gorge Water Districts-Water System Improvements Project (hereinafter referred to as ‘the Project’) that will include a new 350 gpm well (PW-3) with a new well control building and appurtenances, and the rehabilitation of the PW-1 well house. Emergency generators will be provided for PW-1, PW-3, the Roxbury Reservoir, and the Roxbury Springs Station. Other proposed project improvements include a new 24” chlorine contact main for PW-1 and PW-3, filtration of the Roxbury Spring Source to improve water quality and associated booster pumping, and controls system replacement. Improvements related to the Roxbury water distribution system include approximately 4,000 LF of 8” water main replacement, selected replacement of valves and hydrants, a leak survey, and leak detection equipment. Improvements related to the Grand Gorge water distribution system include replacement of approximately 2,000 LF of 8” water main, selected replacement of valves and hydrants, storage tank painting, a storage tank mixing system, and a storage tank security fence. The project will also include generators for the PRV Vault and the Grand Gorge Tank, a leak survey, and leak detection equipment; and
WHEREAS, the Town Board of the Town of Roxbury has designated itself as Lead Agency pursuant to the State Environmental Quality Review Act in the environmental review of the Project; and
WHEREAS the Town Board of the Town of Roxbury has prepared an Environmental Assessment Form and has provided copies of this document to the involved and interested agencies for the Project; and
WHEREAS, the probable environmental impacts of the Roxbury and Grand Gorge Water Districts-Water System Improvements Project have been carefully considered by the Town Board;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Roxbury adopts the findings and conclusions relating to the probable environmental impacts contained in the attached Environmental Assessment Form and files the Negative Declaration in accordance with the applicable provisions of the law; and
BE IT FURTHER RESOLVED, that the Town Board authorizes the Supervisor to take such further steps as might be necessary to the discharge of the Town Board’s responsibility as Lead Agency for this action.”
AYES-5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS-0
RESOLUTION #40- In the Matter of the Increase and Improvement of the Facilities of the Roxbury Water District in the Town of Roxbury, Delaware County, New York at an Estimated Maximum Cost of $1,794,500.
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
ORDER CALLING PUBLIC HEARING
In the Matter
of
the Increase and Improvement of the Facilities of the Roxbury Water District in the
Town of Roxbury, Delaware County, New York at an Estimated Maximum Cost of $1,794,500
WHEREAS, the Town Board of the Town of Roxbury, Delaware County, New York, has duly caused Lamont Engineers, engineers duly licensed in the State of New York, to prepare a Preliminary Engineering Report, dated September 1, 2016, constituting a map, plan and an estimate of cost, pursuant to Section 202‑b of the Town Law (the “Report”), relating to the increase and improvement of the distribution facilities of the Town’s Roxbury Water District, including water main replacement, selected valve and hydrant replacement, and miscellaneous equipment procurement, and the improvement of the water supply facilities of the Roxbury Water District for the joint benefit of the Roxbury Water District and the Grand Gorge Water District, including a new well, a new well control building and appurtenances and the rehabilitation of the PW-1 well house, together with emergency generators for PW-1, PW-3, the Roxbury Reservoir and the Roxbury Springs Station, a new chlorine contact main for PW-1 and PW-3, filtration for the Roxbury Spring Source to improve water quality, associated booster pumping, and controls system replacement, all as more fully described in the Report, which Report is on file in the office of the Town Clerk where it is available for public inspection during normal business hours; and
WHEREAS, the Roxbury Water District is entirely contained within the Town; and
WHEREAS, the maximum amount proposed to be expended for said increase and improvement is $1,794,500, which amount shall be allocated and charged as the cost of various capital improvements to the facilities of the Roxbury Water District, and shall be borne by the Roxbury Water District; and
WHEREAS, the capital project heretofore described, based on information supplied to the Town Board, has been determined by the Town Board to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which will not result in any significant environmental effects; and
WHEREAS, it is now desired to call a public hearing on the question of such increase and improvement of the facilities of the Roxbury Water District in the manner described above, and to hear all persons interested in the subject thereof, in accordance with the provisions of Section 202‑b of the Town Law; NOW, THEREFORE, IT IS HEREBY
ORDERED, by the Town Board of the Town of Roxbury, Delaware County, New York, as follows:
Section 1. A public hearing will be held at the Civic Center, in Grand Gorge, New York, in said Town, on April 10, 2017, at 7:15 o’clock P.M., Prevailing Time, on the question of the increase and improvement of the distribution facilities of the Town’s Roxbury Water District,
including water main replacement, selected valve and hydrant replacement, and miscellaneous equipment procurement, and the increase and improvement of the water supply facilities of the Roxbury Water District for the joint benefit of the Roxbury Water District and the Grand Gorge Water District, including a new well, a new well control building and appurtenances and the rehabilitation of the PW-1 well house, together with emergency generators for PW-1, PW-3, the Roxbury Reservoir and the Roxbury Springs Station, a new chlorine contact main for PW-1 and PW-3, filtration for the Roxbury Spring Source to improve water quality, associated booster pumping, and controls system replacement, in the Town of Roxbury, Delaware County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law.
Section 2. The aforesaid hearing shall be noticed as follows:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Roxbury, Delaware County, New York, will meet at the Civic Center, in Grand Gorge, New York, in said Town, on April 10, 2017, at 7:15 o’clock P.M., Prevailing Time, for the purpose of conducting a public hearing in relation to the proposed increase and improvement of the distribution facilities of the Town’s Roxbury Water District, including water main replacement, selected valve and hydrant replacement, and miscellaneous equipment procurement, and the improvement of the water supply facilities of the Roxbury Water District for the joint benefit of the Roxbury Water District and the Grand Gorge Water District, including a new well, a new well control building and appurtenances and the rehabilitation of the PW-1 well house, together with emergency generators for PW-1, PW-3, the Roxbury Reservoir and the Roxbury Springs Station, a new chlorine contact main for PW-1 and PW-3, filtration for the Roxbury Spring Source to improve water quality, associated booster pumping, and controls system replacement, in the Town of Roxbury, Delaware County, New York, all as more fully described in the September 1, 2016 Preliminary Engineering Report of Lamont Engineers, Cobleskill, New York, and including incidental expenses in connection therewith, at an estimated maximum cost to the Roxbury Water District of $1,794,500.
The aforesaid project has been determined by the Town Board to be a “Type I” Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which, as proposed, the Town Board has determined will not result in any significant environmental effects.
At said public hearing said Town Board will hear all persons interested in the subject matter thereof.
Section 3. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in the Catskill Mountain News, the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town Clerk, such publication and posting to be made not less than ten days, nor more than twenty days, before the date designated for the hearing, and shall constitute the notice required to be given under Section 202-b of the Town Law.
Section 4. This order shall take effect immediately.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Gene Cronk VOTING Aye
Edward Raeder VOTING Aye
Allen Hinkley VOTING Aye
Carol Murray VOTING Aye
Thomas S. Hynes VOTING Aye
The resolution was thereupon declared duly adopted.
RESOLUTION #41- In the Matter of the Increase and Improvement of the Facilities of the Grand Gorge Water District in the Town of Roxbury, Delaware County, New York at an Estimated Maximum Cost of $1,705,500
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
ORDER CALLING PUBLIC HEARING
In the Matter
of
the Increase and Improvement of the Facilities of the Grand Gorge Water District in the
Town of Roxbury, Delaware County, New York at an Estimated Maximum Cost of $1,705,500
WHEREAS, the Town Board of the Town of Roxbury, Delaware County, New York, has duly caused Lamont Engineers, engineers duly licensed in the State of New York, to prepare a Preliminary Engineering Report, dated September 1, 2016, constituting a map, plan and an estimate of cost, pursuant to Section 202‑b of the Town Law (the “Report”), relating to the increase and improvement of the distribution facilities of the Town’s Grand Gorge Water District, including storage tank painting and site improvements, water main replacement, selected valve and hydrant replacement, emergency generators for the Pressure Reducing Valve Vault and the storage tank site, and miscellaneous equipment procurement, and the increase and improvement of the water supply facilities of the Roxbury Water District for the joint benefit of the Grand Gorge Water District and the Roxbury Water District, including a new well, a new well control building and appurtenances and the rehabilitation of the PW-1 well house, together with emergency generators for PW-1, PW-3, the Roxbury Reservoir and the Roxbury Springs Station, a new chlorine contact main for PW-1 and PW-3, filtration for the Roxbury Spring Source to improve water quality, associated booster pumping, and controls system replacement, all as more fully described in the Report, which Report is on file in the office of the Town Clerk where it is available for public inspection during normal business hours; and
WHEREAS, the Grand Gorge Water District is entirely contained within the Town; and
WHEREAS, the maximum amount proposed to be expended for said increase and improvement is $1,705,500, which amount shall be allocated and charged as the cost of various capital improvements to the facilities of the Grand Gorge Water District, and shall be borne by the Grand Gorge Water District; and
WHEREAS, the capital project heretofore described, based on information supplied to the Town Board, has been determined by the Town Board to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which will not result in any significant environmental effects; and
WHEREAS, it is now desired to call a public hearing on the question of such increase and improvement of the facilities of the Grand Gorge Water District in the manner described above, and to hear all persons interested in the subject thereof, in accordance with the provisions of Section 202‑b of the Town Law; NOW, THEREFORE, IT IS HEREBY
ORDERED, by the Town Board of the Town of Roxbury, Delaware County, New York, as follows:
Section 1. A public hearing will be held at the Civic Center, in Grand Gorge, New York, in said Town, on April 10, 2017, at 7:20 o’clock P.M., Prevailing Time, on the question of the increase and improvement of the distribution facilities of the Town’s Grand Gorge Water District , including storage tank painting and site improvements, water main replacement, selected valve and hydrant replacement, emergency generators for the Pressure Reducing Valve Vault and the storage tank site, and miscellaneous equipment procurement, and the increase and improvement of the water supply facilities of the Roxbury Water District for the joint benefit of the Grand Gorge Water District and the Roxbury Water District, including a new well, a new well control building and appurtenances and the rehabilitation of the PW-1 well house, together with emergency generators for PW-1, PW-3, the Roxbury Reservoir and the Roxbury Springs Station, a new chlorine contact main for PW-1 and PW-3, filtration for the Roxbury Spring Source to improve water quality, associated booster pumping, and controls system replacement, in the Town of Roxbury, Delaware County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law.
Section 2. The aforesaid hearing shall be noticed as follows:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Roxbury, Delaware County, New York, will meet at the Civic Center, in Grand Gorge, New York, in said Town, on April 10, 2017, at 7:20 o’clock P.M., Prevailing Time, for the purpose of conducting a public hearing in relation to the proposed increase and improvement of the distribution facilities of the Town’s Grand Gorge Water District, including storage tank painting and site improvements, water main replacement, selected valve and hydrant replacement, emergency generators for the Pressure Reducing Valve Vault and the storage tank site, and miscellaneous equipment procurement, and the increase and improvement of the water supply facilities of the Roxbury Water District for the joint benefit of the Grand Gorge Water District and the Roxbury Water District, including a new well, a new well control building and appurtenances and the rehabilitation of the PW-1 well house, together with emergency generators for PW-1, PW-3, the Roxbury Reservoir and the Roxbury Springs Station, a new chlorine contact main for PW-1 and PW-3, filtration for the Roxbury Spring Source to improve water quality, associated booster pumping, and controls system replacement, in the Town of Roxbury, Delaware County, New York, all as more fully described in the September 1, 2016 Preliminary Engineering Report of Lamont Engineers, Cobleskill, New York, and including incidental expenses in connection therewith, at an estimated maximum cost to the Grand Gorge Water District of $1,705,500.
The aforesaid project has been determined by the Town Board to be a “Type I” Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which, as proposed, the Town Board has determined will not result in any significant environmental effects.
At said public hearing said Town Board will hear all persons interested in the subject matter thereof.
Section 3. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in the Catskill Mountain News, the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town Clerk, such publication and posting to be made not less than ten days, nor more than twenty days, before the date designated for the hearing, and shall constitute the notice required to be given under Section 202-b of the Town Law.
Section 4. This order shall take effect immediately.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Gene Cronk VOTING Aye
Edward Raeder VOTING Aye
Allen Hinkley VOTING Aye
Carol Murray VOTING Aye
Thomas S. Hynes VOTING Aye
The resolution was thereupon declared duly adopted.
Supervisor Hynes stated the repairs at the old highway garage have been completed.
Attorney Young discussed NYCDEP law changes that would benefit Grand Gorge Tire sewer hookup to be paid 100% by DEP but the proposed new law has not been signed by DEP yet.
A list was distributed to the Town Board reflecting Highway Equipment as of December 31, 2016.
A report of Good Neighbor Funds was distributed to the Town Board reflecting a fund balance of $274,113.50 as of December 31, 2016.
The Delaware County Planning Dept. will be holding a Public Information Meeting on April 5, 2017 at 6:00 pm at the Town Hall regarding the ongoing study of the Roxbury Train Depot on Bridge St., Roxbury. A regular monthly meeting of the County Planning Dept. will be held immediately after the information meeting.
A reminder was given the April monthly meeting of the Town Board will be held April 10, 2017 at the Grand Gorge Civic Center.
Attorney Young stated NYCDEP’s land acquisition impact study report should be out soon. Most land acquired in the County has been in the Town of Roxbury. Discussion took place on how DEP is making their determinations.
On motion of Edward Raeder second by Carol Murray the bills were audited and ordered paid in the following amounts:
General #90-128 – $40,549.37
Roxbury Sewer #11-18 – $8,117.86
Highway #40-62 – $34,726.83
Denver Sewer #21-29 – $14,302.09
Roxbury Water #12-17 – $3,850.63
Special Light Districts #4-5 – $2,171.40
Grand Gorge Water #13-17 – $6,785.21
Capital Projects
Denver Water #20-24 – $6,710.50
GEIS Project #2 – $554.00
AYES-5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS-0
RESOLUTION #42–RESOLUTION TO GO INTO EXECUTIVE SESSION TO DISCUSS A PERSONNEL ISSUE
On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board agreed to enter into Executive Session at 9:32 pm to discuss a personnel issue and possible litigation. Present were: Supervisor Thomas S. Hynes, Councilmen Allen Hinkley, Edward Raeder, Gene Cronk and Carol Murray and Attorney Kevin Young.”
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
On motion of Gene Cronk second by Carol Murray the Town Board and Attorney exited Executive Session and returned to the regular meeting at 10:07 pm.
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
It was stated no action was taken in Executive Session.
On motion of Edward Raeder second by Gene Cronk the meeting adjourned at 10:09 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
Notice - Special Meeting April 3, 2017
The Town of Roxbury Town Board will hold a Special Meeting on April 3, 2017 at 7:00 pm at the Town Hall to discuss a personnel matter and any other business that may come before the Board.
NOTICE
The Town of Roxbury Town Board will hold a Special Meeting on April 3, 2017 at 7:00 pm at the Town Hall to discuss a personnel matter and any other business that may come before the Board.
Diane Pickett, Town Clerk
Town of Roxbury
Dated: March 29, 2017
Roxbury Town Board Meeting Agenda - March 13, 2017
ROXBURY TOWN BOARD
Regular Meeting
March 13, 2017
Town Hall
Call To Order 7:30 pm Regular Meeting
Minutes February Meeting
Requests to Speak:
Mike Harrington-Water Projects
County Undersheriff Dumond-drug interdiction program
Department Reports:
Water / Sewer
Planning
Building & Grounds
Highway
Assessor
Building Inspector
Community Resources
Old Business
New Business
Letters to the Board:
Roxbury Senior Citizen Club
Discussion from residents
Audits
ISSUES FOR DISCUSSION
· Resolution-Town Clerk monthly report for February 2017
· Resolution-Supervisor’s monthly report for January 2017
· Resolution-Assessor’s monthly report for February 2017
· Resolution-Building Inspector monthly report for February 2017
· Resolution-monthly water receipts report for February 2017
· Resolution-Justice Court monthly report for January 2017
· Resolution-Tax Collector monthly report for February 2017
· Resolution-award/reject bids for Highway Material Hauling
· Resolution-award/reject bids for Highway Diesel Fuel
· Resolution-transfer $4,067.16 from Roxbury Sewer to Roxbury Sewer Capital Reserve
· Resolution-fill Planning Board Alternate term thru 12/31/19
· Resolution-Lamont Eng Agreement for Denver Water Design Phase Tank Controls & Well Electric
· Resolution-Young & Sommer Agreement for Denver Water Improvements
· Resolution-transfer $50,000 from Highway Fund to Highway Equip. Reserve Fund
· MTC price increases effective 4/1/17
· 2016 Annual Financial Report has been filed with the State Comptroller
· Start bidding for sand outside of County Bid
· Denver Water Bonding
· GG/Roxbury Water Project
· Old Highway Garage roof repair
· NYCDEP Collection System Assessment
· GG Tire sewer hookup
· Town Equipment List as of 12/31/16 distributed to Town Board
· Good Neighbor Fund balance as of 12/31/16 distributed to Town Board
· Cty Planning Public Hearing 4/5/17 at Town Hall 6:00 pm re: Train Depot study
April 10th regular meeting @ GG Civic Center
OTHER REMINDERS
Highway Contract expires 12/31/17
Water & Sewer Operator Agreements (LVDV Operations) expire 12/31/17
(new ones need to be in place by 9/1/17 for 2018 budgeting purposes)
Roxbury Town Board Approved Meeting Minutes - February 13, 2017
The regular monthly meeting of the Roxbury Town Board was held February 13, 2017 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Parks Clerk/Bookkeeper Carolynn Faraci, Assessor Clerk Stephanie Seminara, Attorney Kevin Young and 6 residents. Absent: Highway Supt. Neil German and Building Inspector William Walcutt.
APPROVED MINUTES
February 13, 2017
The regular monthly meeting of the Roxbury Town Board was held February 13, 2017 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Parks Clerk/Bookkeeper Carolynn Faraci, Assessor Clerk Stephanie Seminara, Attorney Kevin Young and 6 residents. Absent: Highway Supt. Neil German and Building Inspector William Walcutt.
The Minutes of the January 2017 Organizational Meeting were approved on motion of Gene Cronk second by Allen Hinkley.
AYES-5 Cronk, Hinkley, Raeder. Murray, Hynes
NAYS-0
Jeffrey Laban of Lamont Engineers, PC was present to discuss the next steps for the Denver Water Project of which a packet of information was distributed to the Town Board. The bid on the PRV Building needs to be awarded as recommended, to the low bidder, Evergreen Mountain Construction, and tank telemetry and well field electric work was also found to be needed as soon as possible.
RESOLUTION #23- AWARDING BID FOR PRESSURE REDUCING VALVE REHABILITATION PROJECT AT THE DENVER WATER DISTRICT SYSTEM
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury has determined the necessity of a project named Denver Water District Water System Improvements Project to repair and replace critical water system infrastructure of the Denver Water District; and
WHEREAS, said Denver Water District Water System Improvements Project is subject to the requirements of the New York State Environmental Quality Review Act (6 NYCRR Part 617) and regulations enacted pursuant thereto; and
WHEREAS, the Town Board has carefully considered the likely environmental impacts of the Denver Water District Water System Improvements Project and determined that the Denver Water District Water System Improvements is a Type II Action pursuant to SEQR; and
WHEREAS, the Denver Water District solicited bids for the installation of a pressure reducing valve as a critical repair requiring immediate action;
WHEREAS, Evergreen Mountain Contracting, Inc. was the lowest qualified bidder;
Whereas, Lamont Engineers have reviewed the bid documents and confirmed that Evergreen Mountain Contracting, Inc. bid is qualified;
NOW, THEREFORE BE IT RESOLVED by the Town Board of the Town of Roxbury that the Pressure Reducing Valve Rehabilitation Project at the Denver Water District Water System be awarded to Evergreen Mountain Contracting, Inc. and that the Town Supervisor is authorized to execute the documents necessary for implementation of that project including the construction contract.”
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
RESOLUTION #24-PROCEED WITH DESIGN OF DENVER WATER TANK TELEMETRY AND WELL REPAIRS
On motion of Carol Murray, second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury has determined the necessity of a project named Denver Water District Water System Improvements Project to repair and replace critical water system infrastructure of the Denver Water District; and
WHEREAS, said Denver Water District Water System Improvements Project is subject to the
requirements of the New York State Environmental Quality Review Act (6 NYCRR Part 617) and regulations enacted pursuant thereto; and
WHEREAS, the Town Board has carefully considered the likely environmental impacts of the Denver Water District Water System Improvements Project and determined that the Denver Water District Water System Improvements is a Type II Action pursuant to SEQR; and
WHEREAS, based on the engineering study conducted to date and consulting with the Denver Run HOA, the Town Board has determined that it is in the best interest of the Denver Water District to implement certain well repairs (primarily electrical work) and to install water tank telemetry (provide control over water level in water tank);
NOW,THEREFORE BE IT RESOLVED, the Town Board of the Town of Roxbury authorizes Lamont Engineers to prepare the design for the well repairs and to install water tank telemetry.”
AYES-5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS-0
Richard Davis of the Grand Gorge Community Action Group discussed the chain needed for the swings at the playground to lower them. 28 feet of 3/16 inch chain will be needed and will be purchased at Stamford Family Co-Op at $1.59/foot.
The Town Board received a written report from the Assessor. Assessor Clerk Stephanie Seminara raised concerns with two new wedding venues in old barns that have been reported to the Building Inspector. Discussion also took place on State distributed checks for the tax freeze and new STAR owners. Eligibility for new owner STAR’s is determined by the State and not the local Assessor’s office, however, a proposed law will require the State to notify the local assessor of who they have approved for STAR.
Parks Clerk, Carolynn Faraci reported the vandalism on the park dollhouse has been beautifully repaired by David Condliffe at a cost of $1,500. It was also reported there are currently eleven events scheduled for the park in 2017 and four in 2018. The annual business Boot Camp is scheduled to be held in Andes on April 3-4 and Town Board members were encouraged to attend one.
Peg Ellsworth was absent due to illness, but needed to know if the Town Board would like to use the same architect for the Kirkside Park barn kitchen or put out a Request for Proposal (RFP). The Town Board’s decision was to get a quote from the previous architect used before they make a decision.
Ellsworth will also be applying again to the O’Conner Foundation for funding for the Grand Gorge Civic Center.
Highway Supt. Neil German was absent and there were no issues or problems known of.
Major repairs were made to Denver water and sewer lines at Cluster 44. Repairs were also needed on electric service lines that were hit during the repair of the water & sewer lines.
Discussion took place on a sink hole beside Van’s Variety Store in Grand Gorge possibly being due to the old bank building removal or a big leak. A rep from Rural Water has been called to look into the matter with the Water Operator.
Major leaks have occurred at two homes in the Roxbury Water District after completing the monthly water readings. Said leaks used a total of 330,000 gallons.
Further discussion took place on local barns being turned into wedding venues where there are no building permits for renovations or change of occupancy. Water and septic issues are also a concern.
Attorney Young discussed houses being rented out are now being considered commercial and not residential but it is up to the Building Inspector to enforce. Seminara stated there are 100-105 rentals known of in the Town of Roxbury that fall under the County bed tax.
The Town Board was given a copy of a letter to David Merwin from the Building Inspector stating all Fire Code violations have been lifted on his apartment building in Grand Gorge.
Attorney Young discussed news from the Coalition of Watershed Towns where NYCDEP will temporarily suspend land purchases in area Towns for 3-6 months while they conduct a study on the impact to the area. DEP is also expected to update their policy on covering costs for small businesses, with less than 20 employees, who need to undergo septic repairs.
Bookkeeper Carolynn Faraci made the Town Board aware she had to purchase a new Quick Books payroll program. Because the Town does not have a credit card she purchased it using her own credit card at a cost of $610 which the Town has reimbursed her for. However, when she got her statement, the charge to her account was only $562 and she has refunded the Town the difference. She also had to purchase another upgrade to the payroll program at a cost of $299 because her computer had to be updated.
Mrs. Faraci also requested the Town Board approve a resolution to have General Fund loan Denver Sewer money for Abstract #2-2017 bills as no tax money has been received from the Tax Collector.
On motion of Gene Cronk second by Carol Murray the Town Board approved the Town Clerk’s monthly report for January 2017 in the amount of $799.37 (Town Clerk $124.34 and Building Permits $675.00)
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
On motion of Allen Hinkley second by Edward Raeder the Town Board approved the Supervisor’s monthly report for December 2016.
AYES-5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS-0
On motion of Carol Murray second by Edward Raeder the Town Board approved the Assessor’s monthly report for January 2017.
AYES-5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS-0
On motion of Carol Murray second by Allen Hinkley the Town Board approved the monthly water receipts report for January 2017 in the following amounts: Denver $3,514.70; Grand Gorge $2,996.72 and Roxbury $5,589.90.
AYES-5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS-0
On motion of Gene Cronk second by Allen Hinkley the Town Board approved the Tax Collector’s monthly report for January 2017.
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
On motion of Gene Cronk second by Carol Murray the Town Board approved to pay Roxbury Library Association $15,000 as budgeted in the 2017 Town Budget.
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
RESOLUTION #25-AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, pursuant to the provisions of Section 284 of the Highway Law, the Town Board agrees that moneys levied and collected in the Town for repair and improvement of highways and moneys received from the State for State Aid for the repair and improvement of highways shall be expended as follows for the year 2017;
NOW, THEREFORE BE IT RESOLVED, the sum of $182,125 shall be set aside to be expended for primary work and general repairs upon 112 miles of Town highways, including sluices, culverts and bridges having a span of less than five feet and boardwalks of renewals thereof; and
BE IT FURTHER RESOLVED, the sum of $567,875 shall be set aside to be expended for the permanent improvement of Town highways that include Johnson Hollow Rd., Jump Brook Rd., Turk Hill Rd., S. Montgomery Hollow Rd. Grant Morse Rd., Howard Greene Rd., New Kingston Mtn. Rd., Thompson Hollow Rd., Roxbury Run roads and Rossman Rd.”
AYES-5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS-0
RESOLUTION #26-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 hauling materials from Schoharie, Middleburgh, Lexington, Davenport, Ashland and Oneonta, on a per ton basis to the Salt Shed storage area located on NYS Rt. 30 Roxbury, to be opened March 10, 2017 at 2:15 pm at the Town Hall.”
AYES-5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS-0
RESOLUTION #27-ADVERTISE BIDS FOR HIGHWAY DIESEL
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 the 30,000 gallons +/- Diesel Fuel to be delivered, unless otherwise stated, to the Town Highway Building located at 52508 State Hwy. 30, Roxbury as requested by the Highway Supt., to be opened March 10, 2017 at 2:00 pm at the Town Hall.”
AYES-5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS-0
RESOLUTION#28-RESOLUTION OF THE TOWN OF ROXBURY REGARDING RADIO STATION LEASE AGREEMENT
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury (“Town”) and WSKG Public Telecommunications Council (“WSKG”) entered into a Lease Agreement dated January 2014 (“Lease Agreement”), wherein the Town leased to WSKG the right to access and use of Real Property located at the Town Highway Garage, 52508 State Highway 30, Town of Roxbury, County of Delaware, State of New York, (“Premises”) to be used/operated as the transmission space for broadcasting of Station WIOX(FM), Channel 217; and
WHEREAS, pursuant to Section Three of the Lease Agreement, the original lease term was a period of three (3) years, ending on January 28, 2017; and
WHEREAS, WSKG wishes to extend the lease term for one (1) year, commencing on January 29, 2017, and ending on January 28, 2018; and
NOW THEREFORE, BE IT RESOLVED, the Town Board of the Town of Roxbury authorizes the Town to enter into an Amendment to Lease Agreement to extend the Lease Term for one (1) year; and
BE IT FURTHER RESOLVED, the Town Board authorizes the Town Supervisor to execute an Amendment to Lease Agreement to extend the Lease Term for one (1) year.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
No action was taken on filling the Planning Board Alternate/Secretary vacancy.
RESOLUTION #29-RENEW JUNKYARD LICENSE FOR MARTY BUILT, INC
On motion of Edward Raeder second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, an application and payment has been received from Marty Built, Inc. requesting renewal of their Junkyard License; and
WHEREAS, the Town Board has no objections to renewal of the junkyard license;
NOW, THEREFORE BE IT RESOLVED, the Town Board approves renewal of the junkyard license of Marty Built, Inc. for one year to expire April 1, 2018.”
AYES-5 Raeder, Cronk, Hinkley, Murray, Hynes
NAYS-0
RESOLUTION #30-EQUIPMENT DESTRUCTION
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board approves the destruction of the following equipment:
Building Inspector Canon PC920 Copier Serial #TVB17682 Reason: Extremely light copies, parts would be more than a new copier”
AYES-5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS-0
Supv. Hynes stated Delaware County Soil & Water Conservation has reviewed engineering firms for the Hardscrabble stream bank restoration project and requests a resolution from the Town approving them to hire an engineer on the project.
RESOLUTION #31- Resolution of Support for the selection of an Engineering consultant to The Delaware County Soil and Water Conservation District’s Stream Management Program for use within the Town of Roxbury
On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, the DCSWCD is a governmental entity established in NYS Municipal Law Book 52-B to provide technical support to Delaware County, including the Delaware Stream Corridor Management Program (DSCMPr) (“Program”); and
WHEREAS, pursuant to Section 4.6 of the 2007 Filtration Avoidance Determination, New York City Department of Environmental Protection committed to a locally-driven stream management plan implementation process; and
WHEREAS, pursuant to the 2009 agreement (20090018734) between the Delaware County Soil and Water Conservation District and the New York City Department of Environmental Protection (NYCDEP) which established a Stream Management Plan Implementation Program, including staff support and funding to pay for stream management plan implementation in the West of Hudson Watershed; and
WHEREAS, the Town of Roxbury has entered into a Memorandum of Understanding with the DCSWCD to provide administrative and technical assistance for the Implementation of the East Branch Delaware River Stream Management Plan
WHEREAS, the Town of Roxbury has reviewed the 3 engineering consultants that the DCSWCD has under direct contract with the Stream Management Program
NOW, THEREFORE, BE IT RESOLVED that the Town of Roxbury supports the DCSWCD by selecting the engineering services of Milone & MacBroom, Inc. for the implementation of the Stream Management Implementation grant awarded for the Hardscrabble Streambank Restoration project within the Town of Roxbury (as needed) through the direct contract between the DCSWCD and Milone & MacBroom, Inc.”
AYES-5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS-0
RESOLUTION #32-GENERAL FUND LOAN TO DENVER SEWER DISTRICT
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and
adopted:
“WHEREAS, the Denver Sewer District bills for Abstract #2-2017 total $32,321.64; and
WHEREAS, the Town has not yet received any 2017 tax money from the Tax Collector; and
WHEREAS, the Denver Sewer District does not have the funds to pay the bills on Abstract #2-2017;
NOW, THEREFORE BE IT RESOLVED, the Town Board approves the transfer of $32,321.64 from General Fund to Denver Sewer District, if needed, to pay Abstract #2-2017 bills if no tax money is received in time; and
BE IT FURTHER RESOLVED, said funds shall be reimbursed to the General Fund upon receipt of tax money.”
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
On motion of Allen Hinkley second by Gene Cronk the Town Board approved the Building Inspector monthly report for January 2017.
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
Attorney Young reported on status of the NYCDEP sewer collection system assessment. The appraisal, that has come in higher than their current assessment, has been sent to DEP for review to which a response is still awaited.
The Water Clerk discussed the request of Richard Scianablo for reimbursement to his water bill because the meter could not be read one month which put the reading for the next month over the 4,000 gallon usage for one month. The excessive reading was for 6,800 gallons at a charge of $11.90.
On motion of Carol Murray second by Edward Raeder the Town Board approved the water account of Richard Scianablo to be credited $4.90 due to an unread meter for one month causing the reading the next month to be over the minimum usage of 4,000 gallons.
AYES-5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS-0
Supervisor Hynes reported materials have been received for the old highway garage roof and repairs are expected to begin soon.
Councilman Hinkley has reviewed the current Police Policy and offers no changes.
Reminders were given the Highway Contract and Water/Sewer contracts expire 12/31/17 and must be in place by September 1st for 2018 budgeting purposes.
RESOLUTION #33 – RESOLUTION TO GO INTO EXECUTIVE SESSION TO DISCUSS A PERSONNEL ISSUE
On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board agreed to enter into Executive Session at 8:45 pm to discuss a personnel issue. Present were: Supervisor Thomas S. Hynes, Councilmen Allen Hinkley, Edward Raeder, Gene Cronk and Carol Murray and Attorney Kevin Young.”
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
On motion of Gene Cronk second by Allen Hinkley the Town Board exited Executive Session and returned to the regular meeting at 9:08 pm.
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
Supervisor Hynes stated no action was taken in Executive Session.
Discussion took place on the abstract bills relating to the Denver Water Project.
On motion of Edward Raeder second by Carol Murray the bills were audited, Denver Water bill #18 Young & Sommer in the amount of 148.50 was removed from the abstract, and all other bills were ordered paid in the following amounts:
General #24-89 – $117,566.96
Denver Water #5-19 – $11,673.50
Highway #7-39 – $99,149.81
Roxbury Sewer #5-10 – $10,064.62
Roxbury Water #4-11 – $1,760.92
Denver Sewer #4-20 – $32,321.64
Grand Gorge Water #5-12 – $2,351.36
Special Lights #1-3 – $5,504.57
AYES-5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS-0
On motion of Allen Hinkley second by Edward Raeder the Town Board approved the Justice Court monthly report for December 2016 in the amount of $4,800.
AYES-5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS-0
A note was received from the Grand Gorge Community Action Group thanking the Town Board for allowing use of the Civic Center for their annual community Christmas Party.
On motion of Gene Cronk second by Edward Raeder the meeting adjourned at 9:15 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
Roxbury Town Board Meeting Agenda - February 13, 2017
ROXBURY TOWN BOARD
Regular Meeting
February 13, 2017
Town Hall
Call To Order 7:30 pm Regular Meeting
Minutes January 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:
Discussion from residents
Audits
ISSUES FOR DISCUSSION
· Resolution-Town Clerk monthly report for December 2016
· Resolution-Supervisor’s monthly report for December 2016
· Resolution-Assessor’s monthly report for December 2016
· Resolution-Building Inspector monthly report for December 2016
· Resolution-monthly water receipts report for December 2016
· Resolution-Justice Court monthly report for December 2016
· Resolution-Tax Collector monthly report for January 2017
· Resolution-approve payment to Roxbury Library Association $15,000 as budgeted
· Resolution-agreement to spend highway moneys
· Resolution-advertise for bids for Highway Material Hauling
· Resolution-advertise for bids for Highway Diesel fuel
· Resolution-radio station lease agreement extension
· Resolution- bid for Denver Water PRV Building
· Resolution-fill Planning Board Alternate term thru 12/31/19
· Resolution-equipment destruction
· Rick Scianablo water bill
· Personnel Matters
· Old Highway Garage roof repair
· NYCDEP Collection System Assessment
· GG Tire sewer hookup
· Police Policy – any changes from review?
REMINDERS:
Highway Contract expires 12/31/17
Water & Sewer Operator Agreements expire 12/31/17
(new ones need to be in place by 9/15/17 for 2018 budgeting purposes)
Roxbury Town Board Unapproved Meeting Minutes - January 3, 2017
UNAPPROVED MINUTES
January 3, 2017
A Public Hearing and Organizational Meeting of the Town Board were held January 3, 2017 beginning at 7:15 pm at the Town Hall. Present: Supervisor Thomas S. Hynes, Councilmen Gene
Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Building Inspector William Walcutt, Attorney Kevin Young and four residents.
The Public Hearing was called to order at 7:15 pm. The notice was read calling for the hearing regarding the proposed increase and improvements to the Denver Water District. Michael
Harrington of Lamont Engineers, P.C. discussed proposed work entailed in the project and options to reduce the amount of work to be done. Wendy Nief, a resident of the Denver Water District spoke in favor of the proposed work. Attorney Young discussed the debt service limit the District could handle so as to not overwhelm the residents in taxes. Attorney Young also discussed the bonding process.
The Public Hearing closed at 7:30 pm.
The regular meeting was called to order at 7:30 pm.
The Minutes of the December meetings were approved on motion of Allen Hinkley second by Gene Cronk.
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
Further discussion took place on the proposed Denver Water project in terms of awarding the bid for the PRV building where the low bidder is amenable to not start the work until spring, grant funding applications, emergency need for tank controls and getting more well pumps working, General Fund possibly having to loan Denver Water money that would have to be repaid within one year and concerns with current costs incurred being eligible for reimbursement under the bond. Attorney Young recommends not awarding the PRV building bid until he looks into the eligibility of the costs to be covered under the bond and Mr. Harrington was directed to get costs on the tank controls and electric for getting more of the well pumps into use to bring back to the Town Board.
A letter has been received from NYS Environmental Facilities Corporation (NYSEFC) approving hardship funding for the Grand Gorge/Roxbury Water District proposed project. This is good news for grant funding. Discussion took place on work that is needed, how much work the Town Board would like to put in for grant funding and the process for the loan. Harrington requested being able to start the environmental work now. Attorney Young discussed Lead Agency status and the SEQR process where the project would be considered a Type I project because it would include the development of a new well field.
RESOLUTION #1 – ROXBURY & GRAND GORGE WATER PROJECT SEQR LEAD AGENCY
On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury is undertaking a project called the Roxbury and Grand Gorge Water Districts Water System Improvements Project (hereinafter referred to as ‘the Project’) that will include development of a new production well with control building and associated appurtenances, construction of a new filtration system and appurtenances for the existing springs source, replacement of existing controls systems, rehabilitation of existing distribution storage tanks, replacement of water mains and appurtenances, construction of emergency power systems, and miscellaneous site and building improvements; and
WHEREAS, the Town is applying to the New York State Environmental Facilities Corporation Drinking Water State Revolving Fund (DWSRF) for project funding, and may apply to other funding agencies.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF ROXBURY AS FOLLOWS:
1. The Town Board of the Town of Roxbury intends to proceed with the Water System Improvements Project to make improvements to the Roxbury and Grand Gorge Water Districts’ supply, treatment, and distribution infrastructure; and
2. The Town Board hereby determines that the project is a Type I action pursuant to the State Environmental Quality Review Act (SEQRA), Article 8 of the New York Environmental Conservation law and its implementing regulations, 6 NYCRR Part 617 and pursuant to potential funding program requirements; and
3. The Town Board hereby declares itself SEQRA Lead Agency; and
4. The Town Board hereby instructs the Supervisor, with the assistance of the consulting engineer, to prepare a full Environmental Assessment Form and notify involved agencies of the Town Board’s intent to serve as SEQRA Lead Agency and to further initiate the coordinated review of the Project under the SEQRA regulations and authorizes the Supervisor to sign all environmental review documents; and
5. The Town Board hereby authorizes the Supervisor to sign all funding applications for the Project on its behalf.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
Attorney Young discussed the Public Interest Order and Bond Resolution for the Denver Water proposed project.
The following resolution was offered by Councilman Allen Hinkley who moved its adoption, seconded by Councilman Gene Cronk, to-wit:
RESOLUTION #2
In the Matter
of
the Increase and Improvement of the Facilities
of the Denver Water District in the
Town of Roxbury, Delaware County, New York
PUBLIC INTEREST ORDER
WHEREAS, the Town Board of the Town of Roxbury, Delaware County, New York, has duly caused Lamont Engineers, engineers duly licensed in the State of New York, to prepare a Preliminary Engineering Report, dated August 31, 2016, constituting a map, plan and an estimate of cost, pursuant to Section 202‑b of the Town Law (the “Report”), relating to the increase and improvement of the facilities of the Town’s Denver Water District, consisting of various capital improvements to the facilities of the Denver Water District, including wellfield electrical improvements, pumping and treatment improvements, controls system improvements, pressure reducing valve vault replacement, water main and service replacements, hydrant and valve replacements, storage tank rehabilitation, emergency generators, and various building and site improvements, all as more fully described in the Report, which Report is on file in the office of the Town Clerk where it is available for public inspection during normal business hours; and
WHEREAS, the Denver Water District is entirely contained with the Town; and
WHEREAS, the maximum amount proposed to be expended for said increase and improvement is $1,000,000, which amount shall be allocated and charged as the cost of various capital improvements to the facilities of the Denver Water District, and shall be borne by the Denver Water District; and
WHEREAS, the capital project heretofore described, based on information supplied to the Town Board, has been determined by the Town Board to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which will not result in any significant environmental effects; and
WHEREAS, at a meeting of said Town Board on December 12, 2016, an order was duly adopted by it and entered in the minutes specifying that the said Board would meet to consider the increase and improvement of the facilities of the Town’s Denver Water District, in said Town at an estimated maximum cost of $1,000,000, and to hear all persons interested in the subject thereof concerning the same at the Town Hall, in Roxbury, New York, in said Town, on January 3, 2017, at 7:15 o’clock P.M., Prevailing Time; and
WHEREAS, a notice of adoption of said order duly certified by the Town Clerk was duly published and posted as required by law, to‑wit: a duly certified copy thereof was published in the official newspaper of this Town, on December 21, 2016 and a copy of such notice was posted on December 19, 2016, on the signboard maintained by the Town Clerk of the Town of Roxbury, pursuant to Section 30, subdivision 6 of the Town Law; and
WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT
ORDERED, by the Town Board of the Town of Roxbury, Delaware County, New York, as follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to increase and improve the facilities of the Town’s Denver Water District, consisting of various capital improvements to the facilities of the Denver Water District, including wellfield electrical improvements, pumping and treatment improvements, controls system improvements, pressure reducing valve vault replacement, water main and service replacements, hydrant and valve replacements, storage tank rehabilitation, emergency generators, and various building and site improvements, in the Town of Roxbury, Delaware County, New York, including incidental expenses in connection therewith, at an estimated maximum cost of $1,000,000.
Section 2. This order shall take effect immediately.
The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows:
Thomas S. Hynes VOTING AYE
Gene Cronk VOTING AYE
Edward Raeder VOTING AYE
Allen Hinkley VOTING AYE
Carol Murray VOTING AYE
The order was thereupon declared duly adopted.
The following resolution was offered by Councilman Edward Raeder who moved its adoption, seconded by Councilman Carol Murray, to-wit:
RESOLUTION #3 -BOND RESOLUTION DATED JANUARY 3, 2017. A RESOLUTION AUTHORIZING THE ISSUANCE OF $400,000 BONDS OF THE TOWN OF ROXBURY, DELAWARE COUNTY, NEW YORK, TO PAY PART OF THE $1,000,000 MAXIMUM ESTIMATED COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE TOWN’S DENVER WATER DISTRICT, IN AND FOR SAID TOWN.
RESOLVED, by the Town Board of the Town of Roxbury, Delaware County, New York, as follows:
Section 1. For the specific object or purpose of paying part of the cost of the increase and improvement of the facilities of the Town’s Denver Water District, consisting of various capital improvements to the facilities of the Denver Water District, including wellfield electrical improvements, pumping and treatment improvements, controls system improvements, pressure reducing valve vault replacement, water main and service replacements, hydrant and valve replacements, storage tank rehabilitation, emergency generators, and various building and site improvements, in the Town of Roxbury, Delaware County, New York, there are hereby authorized to be issued $400,000 bonds of said Town pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $1,000,000, and the plan for the financing thereof is by the issuance of the $400,000 bonds of the Town of Roxbury, Delaware County, New York, authorized to be issued pursuant to this resolution, together with a grant from the State of New York under the New York State Water Infrastructure Improvement Act in the amount of $600,000.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision one of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds authorized shall exceed five years, and that the foregoing is an assessable improvement.
Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law.
Section 5. The faith and credit of said Town of Roxbury, Delaware County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. To the extent not paid by the assessment of assessable properties in the Denver Water District, there shall annually be levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable.
Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Roxbury, Delaware County, New York, by the manual or facsimile signature of the Town Supervisor and a facsimile of its corporate seal shall be imprinted thereon and may be attested by the manual or facsimile signature of the Town Clerk.
Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Town Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town, provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Town Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money.
Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Town Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Town Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Town Supervisor shall determine.
Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 ‑ 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long‑term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.
Section 10. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 11. This resolution, which takes effect immediately, shall be published in summary in the Catskill Mountain News the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Thomas S. Hynes VOTING AYE
Gene Cronk VOTING AYE
Edward Raeder VOTING AYE
Allen Hinkley VOTING AYE
Carol Murray VOTING AYE
The order was thereupon declared duly adopted.
Supervisor Hynes stated a sewer grinder pump had to be replaced at the Doroski home in Grand Gorge.
Building Inspector William Walcutt requested the Town Board approve Patrick Davis as Deputy Building Inspector and reported, with assistance from the Assessor Clerk, he is in the process of mailing out notices to open permit holders in an effort to get permits closed out. When questioned what violation he had posted on the Merwin apartment house in Grand Gorge last fall, Mr. Walcutt stated it was an Unsafe Structure after having been contacted by the Fire Inspector who had written up the building with multi-violations and the owner not having done anything with repairing problems found by the Building Inspector during his inspection in the spring.
RESOLUTION #4 – APPOINTMENTS AND COMMITTEES
On motion of Carol Murray second by Allen Hinkley the following resolution was offered and
adopted:
RESOLVED the Town Board approves the following appointments and committees for the year 2017:
AYES-5 Murray, Hinkley, Cronk, Raeder, 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 1/1/17-12/31/17.
AYES – 5 Hinkley, Cronk, Raeder, 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 1/1/17-12/31/17.
AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0
On motion of Carol Murray second by Gene Cronk the Town Board approved the Highway Supt.’s appointment of William Sprague as Deputy Hwy. Supt. for the term 1/1/17-12/31/17.
AYES – 5 Murray, Cronk, Hinkley, Raeder, Hynes
NAYS – 0
On motion of Edward Raeder second by Allen Hinkley the Town Board approved the Town Clerk’s appointment of Carolynn J. Faraci as Deputy Town Clerk #1 for the term 1/1/17-12/31/17.
AYES – 5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0
RESOLUTION #5 OFFICIAL UNDERTAKING
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“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 the year 2017”
AYES – 5 Hinkley, Murray, Cronk, Raeder, Hynes
NAYS – 0
RESOLUTION #6– TOWN BOARD MEETING SCHEDULE
On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:
“RESOLVED the Town Board for the year 2017 will meet the second Monday of each month for their Regular Monthly Meeting, except for January when they shall meet January 3, 2017 and except for November when they shall meet on Thursday November 9, 2017. 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 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0
RESOLUTION #7– PLANNING BOARD MEETING SCHEDULE
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED the Planning Board for the year 2017 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 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0
RESOLUTION #8– HISTORIC COMMISSION MEETING SCHEDULE
On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED the Historic Preservation Commission for the year 2017 will hold meetings quarterly on the third Saturdays of January, April, July and October at 10:00 am at the Town Hall for their regular meetings.”
AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0
RESOLUTION #9– PROCUREMENT POLICY
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town Board has reviewed the current Procurement Policy and finds no changes are needed:
NOW, THEREFORE BE IT RESOLVED the Town Board approves use of the current Procurement Policy for the year 2017.”
AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0
RESOLUTION #10 – INVESTMENT POLICY
On motion of Edward Raeder second by Carol Murray the following resolution was offered and
adopted:
“WHEREAS, the Town Board has reviewed the current Investment Policy and finds no changes
are needed;
NOW, THEREFORE BE IT RESOLVED, the Town Board approves use of the current
Investment Policy for the year 2017.”
AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0
RESOLUTION #11- SEXUAL HARASSMENT POLICY
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town Board has reviewed the current Sexual Harassment Policy and finds no changes are needed;
NOW, THEREFORE BE IT RESOLVED the Town Board approves use of the current Sexual Harassment Policy for the year 2017.”
AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0
RESOLUTION #12- COMPUTER USE POLICY
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board has reviewed the current Computer Use Policy and finds no changes are needed;
NOW, THEREFORE BE IT RESOLVED the Town Board approves use of the current Computer Use Policy for the year 2017.”
AYES – 5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0
RESOLUTION #13-LOCAL PRIVACY NOTIFICATION POLICY
On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, the Town Board has reviewed the current Local Privacy Notification Policy pertaining to security breaches of personal information and finds no changes are needed;
NOW, THEREFORE BE IT RESOLVED the Town Board approves use of the current Local Privacy Notification Policy for the year 2017.”
AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0
RESOLUTION #14-CODE OF ETHICS
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town Board has reviewed the current Code of Ethics and finds no changes are needed;
NOW, THEREFORE BE IT RESOLVED the Town Board approves use of the current Code of Ethics for the year 2017.”
AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0
RESOLUTION #15-TRAVEL REIMBURSEMENT POLICY
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the Town Board has reviewed the current Travel Reimbursement Policy and finds no changes are needed;
NOW, THEREFORE BE IT RESOLVED the Town Board approves use of the current Travel Reimbursement Policy for the year 2017.”
AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0
RESOLUTION #16-SECTION 504 GRIEVANCE PROCEDURE
On motion of Carol Murray second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, the Town Board has reviewed the current Section 504 Grievance Procedure and finds no changes are needed;
NOW, THEREFORE BE IT RESOLVED the Town Board approves use of the current Section 504 Grievance Procedure for the year 2017.”
AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0
RESOLUTION #17-WORKPLACE VIOLENCE PREVENTION POLICY
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the Town Board has reviewed the current Workplace Violence Prevention Policy and finds no changes are needed;
NOW, THEREFORE, BE IT RESOLVED the Town Board approves use of the current Workplace Violence Prevention Policy for the year 2017; 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 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0
RESOLUTION #18-EMPLOYEE HANDBOOK
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town Board has reviewed the current Employee Handbook and finds no changes are needed;
NOW, THEREFORE BE IT RESOLVED the Town Board approves use of the current Employee Handbook for the year 2017.”
AYES – 5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS – 0
RESOLUTION #19-POLICE POLICY
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
NOW, THEREFORE BE IT RESOLVED the Town Board approves use of the current Police Policy for the year 2017 contingent upon further review by Councilman Hinkley and the Town Attorney.”
AYES – 5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS – 0
RESOLUTION #20-BUILDING INSPECTOR AGREEMENT
On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, the Town Board has reviewed the current Building Inspector Agreement and finds no changes are needed;
NOW, THEREFORE BE IT RESOLVED the Town Board approves use of the current Building Inspector Agreement for the year 2017.”
AYES – 5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS – 0
RESOLUTION #21- RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY REQUIRING THE TOWN’S CONSULTANT CODE ENFORCEMENT OFFICER TO EMPLOY A DEPUTY CODE ENFORCEMENT OFFICE
VIA SUBCONTRACT
On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, in January of 2014 the Town Board of the Town of Roxbury resolved to enter into a
Consulting Agreement with William Walcutt for performance of the duties of Code Enforcement Officer (“CEO”) for the Town; and
WHEREAS, said Consulting Agreement requires the Code Enforcement Officer to appoint a Deputy Code Enforcement Officer subject to Town Board approval; and
WHEREAS, pursuant to Local Law No. 1 of 2007, the Town Board may appoint a Deputy Code Enforcement Officer (“DCEO”) in the event that the CEO is unable to serve as such for any reason; and
WHEREAS, the CEO desires to appoint Patrick Davis as DCEO; and
WHEREAS, the Town Board of the Town of Roxbury approves the CEO’s appointment of Patrick Davis for the position of DCEO; and
WHEREAS, the Town Board has determined that it is necessary for the Town’s Consultant CEO to enter into a Subcontract with its appointed DCEO; and
WHEREAS, the Town’s CEO will be responsible for any compensation due to the DCEO who will function in an as needed capacity to be determined by the Town’s Consultant CEO as a subcontractor to the Town’s Consultant CEO; and
NOW THEREFORE BE IT RESOLVED THAT The Town Board of the Town of Roxbury hereby authorizes William Walcutt, Town of Roxbury Consultant CEO to personally enter into a Subcontract with Patrick Davis who will perform the as needed duties of the DCEO as determined by the Town’s Consultant CEO and as a subcontractor to the Town’s Consultant CEO.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS-0
On motion of Carol Murray second by Allen Hinkley the Town Board designates the Town Supervisor and Deputy Supervisor as official check signers for the year 2017.
AYES – 5 Cronk, Murray, Cronk, Raeder, Hynes
NAYS – 0
On motion of Edward Raeder second by Gene Cronk the Town Board approved Atlantic-Inland of Cortland as Fire Inspector for commercial buildings for the year 2017.
AYES – 5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS – 0
On motion of Allen Hinkley second by Gene Cronk the Town Board approved Catskill Mountain News official newspaper for Town business for the year 2017.
AYES – 5 Raeder, Cronk, Hinkley, Murray, Hynes
NAYS – 0
On motion of Carol Murray second by Edward Raeder the Town Board approved NBT Bank N.A. and Wayne Bank for Town business for the year 2017.
AYES -5 Hinkley, Murray, Cronk, Raeder, Hynes
NAYS – 0
On motion of Carol Murray second by Allen Hinkley the Town Board approved Mostert, Manzanero & Scott, LLP as Town CPA’s for the year 2017.
AYES – 5 Raeder, Murray, Hinkley, Cronk, Hynes
NAYS – 0
On motion of Allen Hinkley second by Edward Raeder the Town Board approved a mileage rate of $.535/ mile for employees using their own vehicle for Town business for the year 2017.
AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0
On motion of Edward Raeder 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 2017 as approved in the budget.
AYES – Murray, Cronk, 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 2017 as approved in the budget.
AYES – 4 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS – 0
On motion of Gene Cronk second by Allen Hinkley the Town Board approved the payment of $500 each to Roxbury & Grand Gorge Senior Clubs for the year 2017 as approved in the budget.
AYES – 5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS – 0
RESOLUTION #22 – DELAWARE COUNTY PLANNING DEPT. AGREEMENT
On motion of Edward Raeder second by Gene Cronk the following resolution was offered and adopted:
“RESOLVED, the Town Board approves the agreement with the Delaware County Planning Dept. in the amount of $3,500 for services in the year 2017.”
AYES-5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS –0
On motion of Allen Hinkley second by Carol Murray the Town Board approved the Town Clerk’s monthly report for December 2016 in the amount of $1,187.50 (Town Clerk $987.50 and Building Permits $200.00)
AYES-5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS-0
On motion of Edward Raeder second by Allen Hinkley the Town Board approved the Supervisor’s monthly report for December 2016.
AYES-5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS-0
There was no monthly report from the Assessor for December 2016.
On motion of Allen Hinkley second by Gene Cronk the Town Board approved the Building Inspector monthly report for December 2016.
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
On motion of Carol Murray second by Gene Cronk the Town Board approved the monthly report of Water District receipts for December 2016 in the following amounts: Denver $34.10; Grand Gorge $467.68 and Roxbury $266.01.
AYES-5 Murray, Cronk, Raeder, Hinkley, Hynes
NAYS-0
There was no Justice Court monthly report for December 2016 due to not having received an invoice from the State yet.
No action was taken on filling the vacancy on the Planning Board for an Alternate member or secretary.
The annual report of Planning Board member training hours through December 31, 2016 was distributed to the Town Board.
The annual list of open building permits through December 31, 2016 was distributed to the Town Board.
The annual report of building permits issued and income for the year 2016 was distributed to the Town Board.
The annual Town Clerk report for the year 2016 was distributed to the Town Board.
Discussion took place on the Grand Gorge Tire sewer hookup. Attorney Young stated NYCDEP is expected to change their policy in 2018 whereby a small business having less than 20 employees would be eligible for 100% of costs to be paid by DEP for failing septic or modifications if the owner can wait that long.
The work on the old highway garage roof is expected to begin next week.
No new information is available regarding the NYCDEP Collection System assessment.
A reminder was given that the Roxbury Highway Worker’s Association contract and the Water/Sewer agreements with LVDV Operations, Inc. expire 12/31/17. These would have to be approved by September 2017 for 2018 Town Budget purposes.
On motion of Carol Murray second by Edward Raeder the bills were audited and ordered paid in the following amounts:
General #1-23 – $22,654.04
Denver Water #1-4 – $2,689.32
Highway #1-6 – $16,268.16
Roxbury Sewer #1-4 – $23,897.35
Roxbury Water #1-3 – $1,953.62
Denver Sewer #1-3 – $10,987.88
Grand Gorge Water #1-4 – $2,400.05
Cap. Proj-GEIS Project #1 – $331.50
AYES-5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS-0
Councilman Edward Raeder reported a window in the Civic Center cafeteria was cracked and had a hole. The matter will be looked into for repairs.
On motion of Gene Cronk second by Carol Murray the meeting adjourned at 8:45 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
Notice - Town Board 2017 Meeting Schedule
Notice is hereby given that the Town Board, Town of Roxbury, Delaware County, New York, for the year 2017 will meet the second Monday of each month for their Regular Monthly Meeting, except for
NOTICE
Notice is hereby given that the Town Board, Town of Roxbury, Delaware County, New York, for the year 2017 will meet the second Monday of each month for their Regular Monthly Meeting, except for January when they shall meet on January 3, 2017 and except for November when they shall meet on November 9, 2017. 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. 3, 2017
Roxbury Town Board Meeting Agenda - January 3, 2016
Public HearingRegular Meeting
ROXBURY TOWN BOARD
Public Hearing
Regular Meeting
January 3, 2017
Town Hall
Call To Order 7:15 pm Public Hearing-Denver Water Bonding
7:30 pm Regular Meeting
Minutes December Meetings (12th and 28th)
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-Supv. appointment of Deputy Supv.
· Resolution-Supv. appointment of Bookkeeper
· Resolution-Hwy. Supt. appointment of Dpty. Hwy. Supt.
· Resolution-Town Clerk appointment of Dpty. Town Clerk #1
· Resolution-Official Undertaking manner and verbiage for Elected & Appointed officials
· Resolution-Town Board Meeting Schedule for 2017 (2nd Mondays @ 7:30 pm @ Town Hall, April & August @ GG Civic Center and November meeting is Thursday Nov. 9th)
· Resolution-Planning Board meeting schedule for 2017 (third Wednesday of month @ 7:30 pm @ Town Hall)
· Resolution-Historic Preservation meeting schedule for 2017 (Jan, Apr, Jun, Oct the 3rd Saturday @ 10:00 am @ Town Hall)
· Resolution-Procurement Policy reviewed and re-adopt or changes needed
· Resolution-Investment Policy reviewed and re-adopt or changes needed
· Resolution-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-Travel Reimbursement Policy reviewed and re-adopt or changes needed
· Resolution-Section 504 Grievance Procedure reviewed and re-adopt or changes needed
· Resolution-Workplace Violence Prevention policy reviewed and re-adopt or changes
· Resolution-Employee Handbook reviewed and re-adopt or changes needed
· Resolution-Police Policy reviewed and re-adopt or changes needed
· Resolution-Building Inspector agreement reviewed and re-adopt or changes
· Resolution-designate Supervisor & Deputy Supervisor 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, Manzanaro & Scott, LLP as Town CPA
· Resolution-mileage rate $.535/mile (down from $.54)
· 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 & GG Sr. Clubs $500 each as budgeted
· Resolution-Delaware County Planning Dept. contract for 2017in the amount of $3,500
· Resolution-Town Clerk monthly report for December 2016
· Resolution-Supervisor’s monthly report for December 2016
· Resolution-Assessor’s monthly report for December 2016
· Resolution-Building Inspector monthly report for December 2016
· Resolution-monthly water receipts report for December 2016
· Resolution-Justice Court monthly report for December 2016
· Resolution-Denver Water Public Interest Order
· Resolution-Denver Water Bond Resolution
· Resolution- bid for Denver Water PRV Building
· Resolution-fill Planning Board Alternate term thru 12/31/19
· Planning Board training hours report thru 12/31/16 distributed to Town Board
· Open Building Permit list thru 12/31/16 distributed to Town Board
· Annual Building Permit report thru 12/31/16 distributed to Town Board
· Town Clerk Annual report thru 12/31/16 distributed to Town Board
· Old Highway Garage roof repair
· NYCDEP Collection System Assessment
· GG Tire sewer hookup
REMINDERS:
Highway Contract expires 12/31/17
Water & Sewer Operator Agreements expire 12/31/17
(new ones need to be in place by 9/15/17 for 2018 budgeting purposes)
Roxbury Town Board Year End Meeting Agenda - December 28, 2016
December 28, 2016Town HallCall To Order 4:00 PM
ROXBURY TOWN BOARD
Year End Meeting
December 28, 2016
Town Hall
Call To Order 4:00 PM
Requests to Speak:
Old Business
New Business
Letters to the Board:
Discussion from residents
Audits
ISSUES FOR DISCUSSION
· Resolution-accept Jill Ribich Planning Board resignation effective 12/8/16
· Resolution-fill Planning Board Alternate term thru 12/31/19
· Resolution-reappoint Phillip Zorda and Robert Cole to Planning Board (1/1/17-12/31/21)
· Resolution-reappoint Margaret Ellsworth and Nicole Haroldson to Historic Commission (1/1/17-12/31/19)
· Resolution-approve year end budget transfers and amendments as needed
· Resolution-Supervisor’s monthly report for November 2016
· Resolution-approve Justice Court monthly report for November 2016
· Dennis Slater request for 30 MPH on Hubbell Corner’s Rd
REMINDERS:
· 1/3/17 Public Hearing on Denver Water bonding @ 7:15 pm
Organizational Meeting @ 7:30
This is the only meeting for January unless a Special Meeting is called for some purpose
· The Highway Worker’s Contract expires 12/31/17
Roxbury Town Board Approved Meeting Minutes - December 12, 2016
APPROVED MINUTES
December 12, 2016
A Public Hearing and regular meeting of the Town Board were held December 12, 2016 at 7:15 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder and Allen Hinkley, Highway Supt. Neil German, Building Inspector William Walcutt, Assessor Clerk Stephanie Seminara, Attorney Kevin Young and 6 residents. Absent: Councilwoman Carol Murray (arrived late).
The Public Hearing was called to order at 7:15 pm. The notice was read calling for the meeting to receive comments on proposed Local Law #2 of 2016 entitled “A Local Law Prohibiting the Posting of Signs on the Veterans Memorial Located at the Corner of State Route 30 and County Route 41”. No comments were heard in favor of or against the proposed law.
The Hearing closed at 7:19 pm.
Councilwoman Murray arrived at 7:25 pm.
The regular meeting was called to order at 7:30 pm.
The Minutes of the November 10th regular meeting and the November 21st Special Meeting were approved on motion of Gene Cronk second by Allen Hinkley.
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
Highway Supt. Neil German reported crews have been busy plowing, doing maintenance, truck repairs and cutting brush when weather permits, the old gas tank has been placed on the Auction’s International site, removed part of the old highway building to make roof repairs and the new highway employee is working out well.
Greg Henderson and Joseph Massa were present to express their concerns with a proposed sign to be erected near their Stratton Falls property in memory of a teenager who perished at the falls in the 1970’s and requested the Town Board not allow the sign to be erected. Liability and insurance coverage are factors. They stated having spoken with the family on several occasions to try to work out a compromise on size options and feel the sign the family would like to put up would reflect negatively on their property where they are in the process of refurbishing the house as a resort. The family has requested to erect the sign through Delaware County DPW but the Town would have to request it through the County on the family’s behalf. Councilman Hinkley was against allowing the sign to be erected because it is against the wishes of the property owner and feels the Town Board shouldn’t be infringing on that. Attorney Young discussed different options the Town Board could take.
Michael Harrington of Lamont Engineers, PC was present to discuss the proposed water project, funding and requirements for bonding up to $1M for 30 years. A public hearing would have to be held before a bond resolution could be approved by the Town Board and the bond resolution must be in place before any work can begin. Attorney Young discussed the bonding and SEQR process. Discussion also took place on bonds if grant funding is denied. It has been agreed the work on the Pressure Reducing Valve (PRV) is a priority and options were discussed to have General Fund loan money to Denver water and have it paid back in one year. The Town Board directed Mr. Harrington to wait on doing anymore on the tank telemetry until spring. No action was taken on awarding the bid for the PRV building.
Mr. Harrington thinks the Town should expect to get a hardship letter on the Grand Gorge/Roxbury Water project in February that would mean a water grant may not be needed.
A written report was distributed to the Town Board from the Assessor. Assessor Clerk Stephanie Seminara had nothing further to report.
Building Inspector William Walcutt reported having been to court on the Dugan Hill matter, Christopher Doyle had begun cleaning out some of the cars on his property but has halted now due to health issues, the old hardware building owned by David Merwin has been condemned due to fire code issues and he has inspected an apartment house owned by Rosa Siltanen per the request of the Roxbury Fire Chief. He also stated NYCDEP is okay with the $60,000 building permit fee for work to be done on the Grand Gorge Sewer Plant upgrades for electrical, HVAC and plumbing. The Town Board questioned the fee of $60,000 and inspection responsibility. Mr. Walcutt stated the fee was per the fee schedule and figured as 1% of the total cost of the work. Councilman Cronk disagreed that the Building Inspector could do the inspection of the boilers because he is not certified. Supervisor Hynes also requested the Building Inspector submit a name for Deputy Building Inspector for Town Board approval as specified in his contract to fill in when he’s on vacation.
A letter was received from Dennis & Jackie Slater requesting the Town place a 30 mph speed sign on Hubbell Corners Rd. due to the high rate of speeds. No action taken.
A letter was received from the Catskill Mountain Quilters Hall of Fame expressing sincere apologies for hanging their Quilt Show banner at the Veteran’s Memorial site in the square.
Rich Davis of the Grand Gorge Community Action Group (GGCAG) has measured the swing heights at the Civic Center playground and found they are 15 inches too high. He has checked into pricing at $3.50/foot. Councilman Raeder will check the prices at Stamford Farmers Co-Op to see if cheaper. Mr. Davis volunteered to hang new chains when received. The GGCAG community Christmas party will be held at the Civic Center on Dec. 17th 2-4:30 pm. Mr. Davis expressed concerns with the cafeteria lock at the Civic Center. Supervisor Hynes stated he will contact Stinson Lock to make repairs.
On motion of Gene Cronk second by Edward Raeder the Town Board approved the Town Clerk’s monthly report for November 2016 in the amount of $2,507.97 (Town Clerk $1,572.97 and Building Permits $935.00)
AYES-5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS-0
On motion of Carol Murray second by Allen Hinkley the Town Board approved the Supervisor’s monthly report for October 2016.
AYES-5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS-0
On motion of Gene Cronk second by Edward Raeder the Town Board approved the Assessor’s monthly report for November 2016.
AYES-5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS-0
On motion of Allen Hinkley second by Gene Cronk the Town Board approved the Building Inspector’s monthly report for November 2016.
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
On motion of Allen Hinkley second by Carol Murray the Town Board approved the water receipts monthly report for November 2016 in the following amounts: Denver $604.34; Grand Gorge $290.73 and Roxbury $512.82.
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
On motion of Edward Raeder second by Gene Cronk the Town Board approved the Justice Court monthly report for September 2016 in the amount of $5,782.50 and October 2016 in the amount of $3,034.00.
AYES-5 Raeder, Cronk, Hinkley, Murray, Hynes
NAYS-0
RESOLUTION #90-SCHEDULE SPECIAL YEAR END MEETING
On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board will hold a Special Meeting on December 28, 2016 at 4:00 pm at the Town Hall for the purpose of concluding all business for the year 2016”.
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
RESOLUTION #91-SCHEDULE 2017 ORGANIZATIONAL MEETING
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board will hold the annual Organizational Meeting on January 3, 2017 at 7:30 pm at the Town Hall”.
AYES-5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS-0
RESOLUTION #92-REVISE EMPLOYEE HANDBOOK SECTION 807 INSURANCE BUYOUT PAYMENTS
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury adopted an Employee Handbook on October 13, 2003; and
WHEREAS, the Town Board has revised certain sections of the Employee Handbook on October 25, 2004, January 6, 2014 and December 8, 2014; and
WHEREAS, Section 807 Medical/Dental Insurance Buy-Out states “Method and Form of Payment – Payment of the buy-out will be made in monthly increments, to be included in the first paycheck of each month.” and
WHEREAS, the Roxbury Highway Worker’s Contract allows for payment of the buy-out to be made in the first two paychecks of each month; and
WHEREAS, the Town Board would like uniformity of buy-out payments to all employees on the buy-out;
NOW, THEREFORE BE IT RESOLVED, the Town Board revises Employee Handbook Section 807 Medical /Dental Insurance Buy-Out to read as follows: “Method and Form of Payment – Payment of the buy-out will be made in monthly increments, to be included in the first two paychecks of each month.”
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
Discussion took place on the proposed Local Law #2 of 2016 that would prohibit posting of signs at the Veterans Memorial site located at the corner of State Route 30 and County Route 41.
RESOLUTION #93-RESOLUTION OF THE TOWN BOARD FOR THE TOWN OF ROXBURY
In the Matter of the Adoption of Local Law No. 2 of 2016 entitled “A Local Law Prohibiting the Posting of Signs on the Veterans Memorial Site Located at the Corner of State Route 30 and County Route 41”.
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury maintains a Veterans Memorial Site located at the corner of State Route 30 and County Route 41; and
WHEREAS, in order to preserve and enhance the aesthetics of property located in the
Town the Town Board determined the necessity of the adoption of a local law to prohibit the posting of signs at the Veterans Memorial Site in order to prohibit the desecration of a Public Monument due to posting of signs on said property; and
WHEREAS, the proposed Law was presented to the Town Board at least 11 days prior to the Special Town Board Meeting on November 21, 2016; and
WHEREAS, the Town Board adopted a resolution on November 21, 2016 scheduling a public hearing on the proposed Law for December 12, 2016; and
WHEREAS, the public hearing on the proposed Local Law was held on December 12, 2016 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
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF ROXBURY, DELAWARE COUNTY, NEW YORK:
The Town of Roxbury Local Law entitled “A Local Law Prohibiting the Posting of Signs at the Veterans Memorial Site Located at the Corner of State Route 30 and County Route 41”, being Local Law No. 2 of 2016 is hereby adopted; and
IT IS FURTHER RESOLVED, that the Town Clerk is hereby directed to take such actions as are necessary to implement this resolution and effect adoption of the Local Law.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
Discussion took place on bonding for the Denver Water District improvements.
RESOLUTION #94- In the Matter of the Increase and Improvement of the Facilities of the Denver Water District in the Town of Roxbury, Delaware County, New York at an Estimated Maximum Cost of $1,000,000
On motion of Carol Murray second by Gene Cronk the Town Board adopted the following Order:
ORDER CALLING PUBLIC HEARING
In the Matter of
the Increase and Improvement of the
Facilities of the Denver Water District in the
Town of Roxbury, Delaware County, New York
at an Estimated Maximum Cost of $1,000,000
WHEREAS, the Town Board of the Town of Roxbury, Delaware County, New York, has duly caused Lamont Engineers, engineers duly licensed in the State of New York, to prepare a Preliminary Engineering Report, dated August 31, 2016, constituting a map, plan and an estimate of cost, pursuant to Section 202‑b of the Town Law (the “Report”), relating to the increase and improvement of the facilities of the Town’s Denver Water District, consisting of various capital improvements to the facilities of the Denver Water District, including wellfield electrical improvements, pumping and treatment improvements, controls system improvements, pressure reducing valve vault replacement, water main and service replacements, hydrant and valve replacements, storage tank rehabilitation, emergency generators, and various building and site improvements all as more fully described in the Report, which Report is on file in the office of the Town Clerk where it is available for public inspection during normal business hours; and
WHEREAS, the Denver Water District is entirely contained within the Town; and
WHEREAS, the maximum amount proposed to be expended for said increase and improvement is $1,000,000, which amount shall be allocated and charged as the cost of various capital improvements to the facilities of the Denver Water District, and shall be borne by the Denver Water District; and
WHEREAS, the capital project heretofore described, based on information supplied to the Town Board, has been determined by the Town Board to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which will not result in any significant environmental effects; and
WHEREAS, it is now desired to call a public hearing on the question of such increase and improvement of the facilities of the Denver Water District in the manner described above, and to hear all persons interested in the subject thereof, in accordance with the provisions of Section 202‑b of the Town Law; NOW, THEREFORE, IT IS HEREBY
ORDERED, by the Town Board of the Town of Roxbury, Delaware County, New York, as follows:
Section 1. A public hearing will be held at the Roxbury Town Hall, in Roxbury, New York, in said Town, on January 3, 2017, at 7:15 o’clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of the Town’s Denver Water District, consisting of various capital improvements to the facilities of the Denver Water District, including wellfield electrical improvements, pumping and treatment improvements, controls system improvements, pressure reducing valve vault replacement, water main and service replacements, hydrant and valve replacements, storage tank rehabilitation, emergency generators and various building and site improvements, in the Town of Roxbury, Delaware County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law.
Section 2. The aforesaid hearing shall be noticed as follows:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Roxbury, Delaware County, New York, will meet at the Roxbury Town Hall, in Roxbury, New York, in said Town, on January 3, 2017 at 7:15 o’clock P.M., Prevailing Time, for the purpose of conducting a public hearing in relation to the proposed increase and improvement of the facilities of the Town’s Denver Water District, consisting of various capital improvements to the facilities of the Denver Water District, including wellfield electrical improvements, pumping and treatment improvements, controls system improvements, pressure reducing valve vault replacement, water main and service replacements, hydrant and valve replacements, storage tank rehabilitation, emergency generators, and various building and site improvements, in the Town of Roxbury, Delaware County, New York, all as more fully described in the August 31, 2016 Preliminary Engineering Report of Lamont Engineers, Cobleskill, New York, and including incidental expenses in connection therewith, at an estimated maximum cost of $1,000,000.
The aforesaid project has been determined by the Town Board to be a “Type II” Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which, as proposed, the Town Board has determined will not result in any significant environmental effects.
At said public hearing said Town Board will hear all persons interested in the subject matter thereof.
Section 3. The Town Clerk is hereby authorized and directed to cause a copy of this Notice of Public Hearing to be published once in the Catskill Mountain News, the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town Clerk, such publication and posting to be made not less than ten days, nor more than twenty days, before the date designated for the hearing, and shall constitute the notice required to be given under Section 202-b of the Town Law.
Section 4. This order shall take effect immediately.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Carol Murray, Councilwoman VOTING AYE
Gene Cronk, Councilman VOTING AYE
Edward Raeder, Councilman VOTING AYE
Allen Hinkley, Councilman VOTING AYE
Thomas S. Hynes, Supervisor VOTING AYE
RESOLUTION #95-DENVER WATER PROJECT SEQR TYPE II ACTION
On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury has determined the necessity of a project named Denver Water District Water System Improvements Project to repair and replace critical water system infrastructure of the Denver Water District; and
WHEREAS, said Denver Water District Water System Improvements Project is subject to the requirements of the New York State Environmental Quality Review Act (6 NYCRR Part 617) and regulations enacted pursuant thereto; and
WHEREAS, the Town Board has carefully considered the likely environmental impacts of the Denver Water District Water System Improvements Project;
THEREFORE BE IT RESOLVED by the Town Board of the Town of Roxbury that the Denver Water District Water System Improvements is a Type II Action pursuant to SEQR and no further environmental review is required”.
AYES-5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS-0
RESOLUTION #96-COMMUNITY KITCHEN GRANT #C1000672
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury Town Board acknowledges receipt of grant #C1000672 from the NYS Department of State; and
WHEREAS, these funds will be issued for the purposes of developing a Community Kitchen in Kirkside Park; and
WHEREAS, the Town of Roxbury Town Board also appoints the MARK Project, Inc. to administer the grant and conduct project oversight;
NOW, THEREFORE BE IT RESOLVED the Town of Roxbury Town Board authorizes the Town Supervisor, Thomas S. Hynes to serve as the signatory on any and all grant related documents.”
AYES-5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS-0
RESOLUTION #97-ADOPT LIMITED ENGLISH PROFICIENCY PLAN (LEP)
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, organizations receiving Federal financial assistance for projects are required to adopt a Limited English Proficiency (LEP Plan; and
WHEREAS, the LEP Plan will direct Town employees who need to assist residents with limited English skills requiring Town of Roxbury services; and
WHEREAS, the Town of Roxbury receives Federal financial assistance for projects as needed (ie: loans from USDA-Rural Development, etc.);
NOW, THEREFORE BE IT RESOLVED, the Town Board, Town of Roxbury adopts a Limited English Proficiency (LEP) Plan that will assist residents with limited English skills, on a case to case basis, in obtaining services from the municipality.”
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
It was reported Judge Gockel will be the only Judge for the period of January – April.
The Town Board received word that Jill Ribich has resigned as Planning Board alternate/Secretary effective 12/8/16. The Town Board will await a recommendation from the Planning Board for appointment.
The Town Board discussed the roof repairs needed on the old Highway garage. The Highway Dept. has removed much of the damaged area. A quote was received from Douglas Cronk to make the necessary repairs in the amount of $2,300 for labor and materials.
RESOLUTION #98-ACCEPT QUOTE FOR GARAGE REPAIRS
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board accepts the quote of Douglas Cronk, in the amount of $2,300 for repairs needed at the old highway garage.”
AYES-4 Hinkley, Raeder, Murray, Hynes
NAYS-0
ABSTAIN-1 Cronk (relative to contractor)
Attorney Kevin Young distributed and discussed the report on NYC DEP land purchases showing where more land has been purchased in Delaware County than elsewhere due to lower land prices and also discussed a moratorium on DEP land purchases. DEP is expected to do another study on the impact of the sales on each community and will not solicit purchasing land in some communities.
RESOLUTION #99-RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY REQUESTING THAT THE NYCDEP EXTEND ITS LAND ACQUISITION MORATORIUM TO INCLUDE THE TOWN OF ROXBURY
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the New York City Department of Environmental Protection (“NYCDEP”) has implemented a Land Acquisition Program (“LAP”) in the watershed of the New York City water supply as part of a comprehensive watershed protection program intended to protect the City’s water supply by reserving open space and prohibiting residential and/or commercial development by future generations; and
WHEREAS, of the thirty-one (31) towns participating in the LAP, fifteen (15) of those towns are located in the County of Delaware; and
WHEREAS, during the time period from January 1, 2010 to date, 2,698 acres in the Town of Roxbury have been acquired by the NYCDEP; and
WHEREAS, during the period from January 1, 2010 to date, the NYCDEP has acquired 1,667 acres in the Town of Windham located in Greene County and 1,886 acres in the Town of Bovina located in Delaware County; and
WHEREAS, the NYCDEP has instituted a voluntary moratorium on active solicitation of land acquisition in the Towns of Windham and Bovina in order to take time to evaluate the impacts on these communities from the continued land acquisition; and
WHEREAS, Delaware County has requested that NYCDEP consider placing a temporary moratorium on solicitation, as well, in the Towns of Roxbury, Walton and Kortright, all of which are located in Delaware County in order to take time to complete their impact evaluation; and
WHEREAS, it is the desire of the Town Board of the Town of Roxbury that the NYCDEP place a temporary moratorium on the solicitation of land within the Town of Roxbury; and
WHEREAS, a moratorium on solicitation, however, will not preclude the NYCDEP from responding to inquiries from property owners desiring to have their land purchased by the NYCDEP;
NOW, THEREFORE, BE IT RESOLVED THAT the Town Board officially requests that the NYCDEP institute a voluntary moratorium upon its solicitation of land under its Land Acquisition Program within the borders of the Town of Roxbury, County of Delaware, State of New York pending completion of their impact evaluation.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
RESOLUTION #100- RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY THAT IT WILL NOT SEEK AUTHORIZATION FROM THE COUNTY TO PLACE A PLAQUE ON COUNTY PROPERTY NEAR STRATTON FALLS
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury received a letter from Wayne D. Reynolds, P.E., Commissioner of the Delaware County Department of Public Works requesting authorization from the Town to allow Sue Brase to place a plaque on County property; and
WHEREAS, the County is not in favor of placing anymore signs within the County Highway right-of-way other than those required by Federal Manual of Traffic Control Devices for the safety and motoring public; and
WHEREAS, the Town generally is not in favor of placing anymore signs on Town and/or County Roads other than those signs necessary for public safety; and
NOW THEREFORE BE IT RESOLVED THAT The Town Board of the Town of Roxbury will not seek authorization from the County to place a plaque on County property near Stratton Falls.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS-0
Nothing has been received from NYCDEP regarding the Grand Gorge Tire Sewer hookup.
Councilman Cronk expressed concerns with the quarterly costs being charged for the Town C&D box at the Transfer Station and feels owners and/or contractors doing large construction projects should be getting their own box to have on site. No decisions were made on how to rectify the situation.
On motion of Gene Cronk second by Allen Hinkley the bills were audited and ordered paid in the following amounts:
General #578-622 – $113,836.37
Denver Water #78-87 – $14,910.65
Highway #252-272 – $115,978.15
Roxbury Sewer #86-93 – $6,748.34
Roxbury Water #94-100 – $3,829.64
Denver Sewer #106-120 – $15,955.20
Grand Gorge Water #96-101 – $4,175.90
Special Lights #18 – $2,087.84
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
Councilman Hinkley discussed the phone plan of the Constable and requested the plan be upgraded for additional minutes/calls. The matter will be looked into.
On motion of Allen Hinkley second by Carol Murray the meeting adjourned at 9:08 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