UNAPPROVED MINUTES May 14, 2018
Please note-the April 9th minutes were approved at the May meeting.
UNAPPROVED MINUTES
May 14, 2018
The regular monthly meeting of the Town Board was held May 14, 2018 at 7:30 pm at the Town Hall. Present: Supervisor Thomas S. Hynes, Councilmen Edward Raeder, Allen Hinkley, Carol Murray and Kenneth Davie, Dpty. Highway Supt. William Sprague, Assessor Clerk Stephenie Seminara, Parks Clerk Carolynn Faraci, Attorney Allyson Phillips and 27 residents. Absent: Highway Supt. Neil German (medical leave)
On motion of Carol Murray second by Edward Raeder the Town Board approved the April 9, 2018 Minutes.
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0
Jillian Lyke did a presentation on the Car Show for a Cause event held each July, whose proceeds benefit area residents that are going through medical issues and requested the Town Board consider making the third Saturday of July a Town holiday in honor of the event. The Town Attorney will look into the matter.
Deputy Highway Supt. William Sprague reported they will be getting the new grader Wednesday, crews are getting roads ready for stone & oil that is expected to begin mid June, he has not heard any news from NYSDEC regarding the recent oil spill from the cold patch pile and all violations from the Dept. of Labor inspection on the highway garage have been remedied and they await a follow up visit.
Highway Supt. Neil German, who is out on medical leave, has requested the hiring of Scott Haskin due to the retirement of David Thorington. He does not have his CDL yet but should shortly.
RESOLUTION #39-HIRE SCOTT HASKIN TO HIGHWAY DEPT.
On motion of Kenneth Davie second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board hires Scott Haskin to the Highway Dept. effective May 29, 2018 at a reduced HEO pay of $18.97 per hour plus benefits per the Highway Worker’s Association Contract.”
AYES-5 Davie, Hinkley, Raeder, Murray, Hynes
NAYS-0
Councilman Davie recognized Deputy Hwy. Supt. William Sprague for the good job he has done filling in for the Hwy. Supt. in his absence and for the quick action taken on the oil spill in dealing with DEC.
The Town Board concurred.
Assessor Clerk Stephanie Seminara had nothing to report other than what was already distributed to the Town Board in the written Assessor’s report.
Margaret Ellsworth of the M-ARK Project Inc. reported the following:
-The bid opening for the Park Kitchen project has been changed from May 17 to May 24 at 2:00 pm due to discrepancies found in the specs identified at the bidder walk through
-Consolidated Funding round for grants is open for the Grand Gorge Civic Center work of which an income survey is required with the application and she will need a revised Engineer’s scope of work by July 27th
-She would like to try to get the school kids involved to try to prevent further vandalism at the park dollhouse and will work on a plan to do so
– She requested the Town Board approve her to submit a grant application for Town acquisition and a plan for Kirkside Summer Cottage to house the Roxbury Museum
-Tourism funding will be used towards the costs associated with the Summer Festival, Labor Day events, fishing derby and Soup & Sip
-Requested info of clean up schedule for the collapsed old pharmacy building. Supv. Hynes stated it is being handled by the Building Inspector and is expected to be cleared by Memorial Day. Under the NYS Building Code the Town must take certain steps for situations like this.
-The new sign for the parking lot has been completed and will be erected.
-Listed several projects awarded grant funds
Parks Clerk Carolynn Faraci reported the following:
-Park Restroom are now open. The toilets are winterized and closed every year and the building locked up but the toilets had been used sometime during the winter. The broken toilet has also been repaired.
-The large market cart had also had the pin removed sometime during the winter after she had locked up the buildings which could have caused a problem if any food had been set on it.
-A fishing derby will be held May 19th in the park for kids up to 15 years of age. A free trout dinner will be served afterwards. The stream will be stocked the night before with brown and tiger trout at least 9” in length that will be purchased from SUNY Cobleskill.
-She has set up the cameras in the park and highway garage with alarms
-The CPA’s will be conducting the annual Town audit on May 16 & 17
-She has requested two kids for summer work. There are two programs through the County for the Park and the Roxbury Arts Group.
-The registered mail she sent to a parent for payment of damage to the park dollhouse had been denied pickup. Attorney Phillips says it should be delivered by either personal service or sent registered mail.
Supv. Hynes stated Roxbury kid’s soccer will be using the Civic Center field as the Kirkside Park field is too wet and soft.
The sewer break in the Denver Sewer District has been repaired.
All the lights at the Civic Center are scheduled to be changed to LED the end of the week. It will be under an energy efficiency program.
The gate at the Transfer Station is still being worked on.
The Civic Center door has been repaired due to damage to the panic bar.
Mike Harrington of Lamont Engineers gave the Town Board a written report on status of the water projects and discussed same.
Denver Water
He requested trying a test day with the locator. Councilman Hinkley questioned if the piping location work could be done in sections. It could but it is something that Roxbury Run Village Association really wants done under the project. Discussion took place on the valve replacement that was done and it was agreed to be charged to the Project and not the District.
Roxbury/GG
It was noted the spring pipe is broken at the wall. The Town Board requested that it be repaired as soon as possible.
Sarah Irwin as well as several other residents expressed concerns with the collapsed old pharmacy building including mold, insulation, rodents, possible asbestos, liability issues if someone gets hurt and being next to a eatery and demanded clean up of same. Supv. Hynes again stated it is being addressed by the Building Inspector in accordance with NY Building Code guidelines and expects it to be cleaned up by Memorial Day. It was also discussed if the Town removes the debris it would be put on the owner’s tax bill for that property and reimbursed to the Town by the next year’s tax collection. Councilman Hinkley explained the issues with the Town’s responsibilities and taxes being paid up to date by the owners. Councilman Davie explained insurance issues and costs of self cleanup by the owners. Attorney Allyson Phillips discussed the process and procedures the Town must follow with the local law regarding the building code and the liability issues involved if not followed. The Attorney will also speak to the Building Inspector about status. The residents also expressed concerns with the former Reed’s Hotel property being in disrepair.
Information had been received from NYS Dept. of State regarding changes to the Uniform Building Code and State Energy Code that may affect the Town’s building code enforcement. Attorney Phillips has reviewed the Town’s local law regarding the Building Code and has determined it does not require revisions per the notice as the Town does not have more restrictive laws in place than the Uniform Building Code.
Phillips, did, however, discuss Section 15 regarding time periods on an Order to Remedy which requires a 30 day period. A public hearing would be needed to adopt the policy.
Copies of the Dept. of Labor inspection reports were distributed to the Town Board. The Highway Dept. will rectify the violations at the Highway Garage. Per the violations found regarding the Workplace Violence Prevention Policy, all Town employees and Elected Officials will be attending a training session tomorrow at the Town Hall to be given by the Dept. of Labor.
A letter was received from Linda & Gary Michelson expressing concerns with property conditions in Grand Gorge which are unsightly, containing junk vehicles and debris and requested the Board address the matter. The letter will be given to the Building Inspector to look into.
Supv. Hynes had sent a letter to NYSDOT regarding the poor condition of State Hwy 30 between Roxbury and Margaretville. NYSDOT has responded they are aware of the matter, however, due to budget restraints, they can only do patch paving until a full resurfacing project can be funded.
A note has been received from South Kortright School thanking the Town Board for use of the Civic Center gym.
On motion of Allen Hinkley second by Carol Murray the Town Board approved the Town Clerk’s monthly report for April 2018 in the amount of $2,818.77 (Town Clerk $888.77 and Building Permits $1,930.00)
AYES-5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS-0
On motion of Edward Raeder second by Carol Murray the Town Board approved the Supervisor’s monthly reports for March and April 2018.
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0
On motion of Kenneth Davie second by Allen Hinkley the Town Board approved the Assessor’s monthly report for April 2018.
AYES-5 Davie, Hinkley, Raeder, Murray, Hynes
NAYS-0
On motion of Edward Raeder second by Allen Hinkley the Town Board approved the Building Inspector’s monthly report for April 2018.
AYES-5 Raeder, Hinkley, Murray, Davie, Hynes
NAYS-0
On motion of Carol Murray second by Kenneth Davie the Town Board approved the monthly Water Reports for April 2018 which show the following receipts: Denver $3,660.60; Grand Gorge $2,841.40 and Roxbury $5,145.00)
AYES-5 Murray, Davie, Raeder, Hinkley, Hynes
NAYS-0
On motion of Allen Hinkley second by Edward Raeder the Town Board approved the monthly Justice Court reports for February and March 2018 in the amounts of $3,289.00 and 5,522.00 respectively.
AYES-5 Hinkley, Raeder, Murray, Davie, Hynes
NAYS-0
On motion of Kenneth Davie second by Carol Murray the Town Board approved the Tax Collector monthly report for April 2018.
AYES-5 Davie, Murray, Raeder, Hinkley, Hynes
NAYS-0
The Tax Collector has also reconciled with the County Treasurer for the 2018 Warrant. The Town has been paid all tax money due under the Warrant and a total of $421,873.25 in unpaid taxes were returned to the County for collection by them.
No action taken on filling the vacancy on the Historic Preservation Commission.
No action taken on the quote for additional cameras at Kirkside Park as the Supervisor and Park Clerk are still waiting to hear back from the camera company as they have questions.
RESOLUTION #40-TOWN SPONSOR ANNUAL ROXBURY SUMMER FESTIVAL
On motion of Kenneth Davie second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board agrees to sponsor the annual Roxbury Summer Festival and authorizes applications to the submitted to NYSEG and NYSDOT for permits of use under the Town of Roxbury liability insurances.”
AYES-5 Davie, Murray, Raeder, Hinkley, Hynes
NAYS-0
No action taken on renewing the Roxbury Sewer operator agreement.
Discussion took place on adopting a policy for the closure of a Town Highway for purposes other than highway maintenance. It was decided a policy was not needed for the few times and duration of closure that would be requested for an event.
RESOLUTION #41- RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY
AMENDING THE TOWN OF ROXBURY EMPLOYEE HANDBOOK TO ADD NEW SECTION ENTITLED “LEAVE FOR CANCER SCREENING”
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 adopted an Employee Handbook to communicate the Towns personnel policies and practices to its employees and elected officials; and
WHEREAS, On December 18, 2017, the New York Civil Service Law was amended to provide that public officers and public employees shall receive paid, excused leave to undertake cancer screenings; and
WHERAS, the law became effective in March 2018; and
WHERAS, the Town Board now desires to amend its Employee Handbook to incorporate this new legal requirement into its adopted personnel policies and practices.
WHEREAS, the Town Board now desires to approve and execute the attached Contract; and
NOW, THEREFORE BE IT RESOLVED THAT:
The Employee Handbook is hereby amended to include a new Section 608 which provides as follows:
Leave for Cancer Screening
Employees are entitled to up to four (4) hours of paid leave for the purpose of obtaining cancer screening with no charge to leave accruals. Cancer screening includes physical exams, blood work or other laboratory tests for the detection of cancer. Satisfactory medical documentation that the employee’s absence was for the purpose of obtaining cancer screening may be required by the Department Head or Town Supervisor.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Hinkley, Raeder, Murray, Davie, Hynes
NAYS-0
RESOLUTION #42-AMEND FEBRUARY 2018 ABSTRACT
On motion of Allen Hinkley second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, the Town Board approves the February 2018 abstract to be amended as follows due to bills having been incorrectly charged in the Capital Projects Fund:
Original Abstract:
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0
Building Inspector Tomi Tompkins has completed the Energy Code Enforcement Training under NYSERDA’s Clean Energy Communities Program which now makes the Town of Roxbury eligible for grant funds for projects.
The Town Board was made aware, due to Roxbury Water spring filtering, NYSEG electric bills have increased.
The open building permit list was distributed to the Town Board.
The Town has received the 2017 Tax Collector records.
A report of Dog Enumeration funds was distributed to the Town Board in case they ever want to do a dog enumeration project. These funds have been collected with paid dog licenses since the new law was adopted in 2011.
A two year report was received from the County regarding the bed tax that was implemented in 2016.
A drawing of the future home of the new Catskill Watershed Corp. building was shown to the Town Board.
On motion of Edward Raeder second by Carol Murray the bills were audited ordered and paid in the following amounts:
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0
Councilman Hinkley requested the Town Clerk send the Town Board copies of all information that is normally in their packets at the meeting so they have it before the meeting to review it and to also have the packet of information available at the meeting.
On motion of Carol Murray second by Kenneth Davie the meeting adjourned at 9:30 pm.
THIS IS A TRUE COPY
____________________________________
Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman
Kenneth Davie, Councilman
UNAPPROVED MINUTES April 9, 2018
Please note the March minutes were approved at the April meeting.
UNAPPROVED MINUTES
April 9, 2018
The regular meeting of the Town Board was held April 9, 2018 at 7:30 pm at the Grand Gorge Civic Center. Present were: Supervisor Thomas S. Hynes, Councilmen Edward Raeder, Allen Hinkley, Carol Murray and Kenneth Davie, Assessor Clerk Stephanie Seminara, Parks Clerk Carolynn Faraci, Attorney Allyson Phillips of Young & Sommer and eight residents. Absent: Highway Supt. Neil German and Attorney Kevin Young.
The Minutes of the March 12, 2018 meeting were approved on motion of Carol Murray second by Edward Raeder.
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0
Sue McIntyre, Director of the Delaware County Solid Waste Management Center was present to discuss the regulation changes by NYSDEC which includes requiring the Town to re-register the Transfer Station, requiring additional signage at the site and stewardship of certain products.
Margaret Ellsworth reported the kitchen specs are done, a pre-bid meeting will be held May 7th and a date is to be determined for the bid opening. Prevailing wage is required and the kitchen equipment will be under a separate bid.
Another grant application is expected to be submitted for the Grand Gorge Civic Center. The Grand Gorge Business Alliance and Community Action Group have offered to help with getting a good response of income surveys where a 55% return is required and only 13% were returned the last time. The surveys are expected to be mailed out by the Town this time.
The application for the next round of CGBG housing rehab grants will be in the next month or two.
Carolynn Faraci reported a children’s fishing derby will be held in the park on May 19th. A $500 grant was received and the fish will be purchased from Cobleskill College.
Pavilion rentals are booked through November 2018 and some for 2019 already.
Payments for the dollhouse broken windows from the first time have been received but is still awaiting payments from the second round of broken windows.
The Annual Town Audit has been completed and filed with the State.
Discussed changes to the new monthly Supervisor’s report with changes required by the State.
The Town CPA’s will be here in May to conduct the annual Town audit for the year 2017.
Faraci stated an application from Margaret Ellsworth for a shed has been received by the Historic Preservation Commission (HPC) but since they don’t have a quorum to meet this month she has brought it to the attention of the Town Board. Per HPC law, if no action is taken within 30 days of receiving the application the application is deemed approved, however, Ellsworth wants to get the work started as soon as possible and cannot obtain a building permit until the HPC responds or the 30 days elapses.
On motion of Kenneth Davie, second by Edward Raeder the Town Board tabled any action on the application of Margaret Ellsworth to the Historic Preservation Commission for a shed until the Town Attorney reviews the HPC law regarding the Town Board duties and advises the Town Board of the procedures.
AYES-5 Davie, Raeder, Hinkley, Murray, Hynes
NAYS-0
Faraci discussed Governor Cuomo’s bill that just passed where employers must allow employees, who are eligible for paid time off, 4 hours per year for cancer screening which will not be used against any vacation, sick or personal time. Proof of screening will be required from the doctor. The matter will also be added to the Employee Handbook and employees notified.
Assessor Clerk Stephanie Seminara stated the Assessor is ready to file the 2018 Tentative Tax Roll with the County, change notices will be sent out and Grievance Day will be held in May.
Highway Supt. Neil German was absent but requested the Town Board accept the high bids for the equipment placed for sale on Auction’s International.
RESOLUTION #34-HIGHWAY EQUIPMENT SOLD ON AUCTION’S INTERNATIONAL
On motion of Kenneth Davie second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board approves sale of the following Highway Equipment to the highest bidders on Auction’s International as follows:
2006 Chevy Kodiak C4500 Truck $12,100 (VIN#1GBE4C3216F415752)
Snap-On Mig Welder $230
2005 Smith Stainless Steel Dump Box $990
2004 Smith Stainless Steel Dump Box $310
AYES-5 Davie, Raeder, Hinkley, Murray, Hynes
NAYS-0
Discussion took place on purchasing a new Western Star Dump Truck with plow & sander at a cost of $247,786. The vehicle can be ordered now and would not be available until after 2019 so it can be budgeted for in that year.
RESOLUTION #35- WESTERN STAR TRUCK
On motion of Kenneth Davie second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board approves placing an order for a 2019 Western Star Dump Truck with plow and sander at a cost of $247,786 as part of an Onondaga County bid to be budgeted for and purchased in 2019.”
AYES-5 Davie, Hinkley, Raeder, Murray, Hynes
NAYS-0
Attorney Allyson Phillips discussed the matter regarding Mountainside Creamery encroachment on County and Town Lands. The Town and County is looking to release NYS Dept. of Transportation of their service, as that is where the old NYS Route 30 road was, so the Town and County can sell their parcels to the creamery.
RESOLUTION #36-A Resolution Requesting the New York State Department of Transportation to Release Its Maintenance Jurisdiction over a Portion of Highway Right of Way Along Route 30 in the Town of Roxbury and Allowing Consideration of a Conveyance of The Town of Roxbury’s Interest in Said Portion of Right of Way To Mountainside Farms Inc.
On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, Mountainside Farms Inc. has expressed a desire to acquire property being a portion of State Route 30 Right of Way in the Town of Roxbury, being currently for highway purpose due to buildings that have encroached upon the property, said property being between the lands of Mountainside Farms Inc. and the alignment of State Route 30; and
WHEREAS, the Town of Roxbury at one point in the past maintained a Town Road over the subject property prior to it becoming a State Road; and
WHEREAS, the New York State Department of Transportation has indicated a willingness to release its maintenance jurisdiction over that portion of property requested by Mountainside Farms Inc.; and
WHEREAS, with the abandonment by the New York State Department of Transportation, the Town can proceed to convey its interest in that portion of land to Mountainside Farms Inc.; and
WHEREAS, a description of said parcels of land is shown on a New York State Department of Transportation Conveyance Map entitled; Roxbury – Grand Gorge, S.H. 5459, Map No. 4-C, Parcels No. 92 and 93 as prepared by Joanne Darcy Crum, L.S. and dated April 4, of 2017.
NOW THEREFORE BE IT RESOLVED, that the Town of Roxbury hereby requests the New York State Department of Transportation to release its maintenance jurisdiction over that portion of highway right of way along State Route 30 in the Town of Roxbury as determined by NYSDOT to be surplus property; and
BE IT FURTHER RESOLVED that the Town Supervisor is herewith authorized to engage in negotiations with Mountainside Farms, Inc. for the conveyance of the Town’s interest in said parcels (combined total of approximately 0.315 acres) at a cost consideration to be approved by the Town Board by separate resolution after negotiations have been completed.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS-0
A letter was received from Theresa Speck, potential buyer of the Hillcrest Drive property currently owned by Fred Morse & Carol Wilson, requesting water & sewer for a proposed yoga studio and apartments. A portion of the property is in the water and sewer district, however, where the building would be built is not in water/sewer. The water connection would only require a signed connection agreement.
On motion of Allen Hinkley second by Kenneth Davie the Town Board authorizes the Town Supervisor to send a letter to NYCDEP requesting them to consider the entire property in the service area and allow connection to the sewer.
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0
A note of thanks was received from the Grand Gorge Sr. Social Club for the $500 budgeted in 2018.
A note of thanks was received from Gilboa Basketball for allowing them the use of the Civic Center gym.
Constable Williamson has been recognized and awarded the Annual Service Award from Otsego Northern Catskills BOCES.
A letter has been received regarding snowmobiles on private property. The Town Board discussed the matter and agreed there is not much to do without catching them. Attorney Phillips stated there are no laws for the Town Board to adopt.
Supervisor Hynes has been in contact with the NYSEG Energy Efficiency Dept. and discussed switching all light bulbs at the Civic Center to LED to save money. Under the NYSEG program, the cost would be $4,674.
RESOLUTION #37-NYSEG ENERGY EFFICIENCY PROGRAM
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board authorized an application to NYSEG to replace the lighting systems at the Grand Gorge Civic Center to LED bulbs at a cost of $4,674 through their Energy Efficiency Program.”
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0
On motion of Allen Hinkley second by Carol Murray the Town Board approved the Town Clerk’s Monthly report for March 2018 in the amount of $1,373.50 (Town Clerk $173.50 and Building Permits $1,200.00)
AYES-5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS-0
On motion of Edward Raeder second by Allen Hinkley the Town Board approved the Supervisor’s monthly reports for January and February 2018.
AYES-5 Raeder, Hinkley, Murray, Davie, Hynes
NAYS-0
On motion of Kenneth Davie second by Allen Hinkley the Town Board approved the Assessor’s monthly report for March 2018.
AYES-5 Davie, Hinkley, Raeder, Murray, Hynes
NAYS-0
On motion of Allen Hinkley second by Carol Murray the Town Board approved the Building Inspector’s monthly report for March 2018.
AYES-5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS-0
On motion of Carol Murray second by Kenneth Davie the Town Board approved the Monthly Water Reports for March 2018 with the following amounts received: Denver $308.00; Grand Gorge $105.23 and Roxbury $308.22.
AYES-5 Murray, Davie, Raeder, Hinkley, Hynes
NAYS-0
No action taken on the Justice Court monthly reports for February & March 2018 as no invoice has been received from the State yet.
On motion of Allen Hinkley second by Edward Raeder the Town Board approved the Tax Collector’s monthly report for March 2018.
AYES-5 Hinkley, Raeder, Murray, Davie, Hynes
NAYS-0
No action taken on the vacancy on the Historic Preservation Commission.
No action taken on the ZS Security quote for additional camera at Kirkside Park.
RESOLUTION #38-HIGHWAY EQUIPMENT RESERVE FUND
On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board authorizes the transfer of $75,000 from Highway Fund savings to the Highway Equipment Reserve Fund.”
AYES-5 Raeder, Hinkley, Murray, Davie, Hynes
NAYS-0
RESOLUTION #39-EQUIPMENT DESTRUCTION
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the following equipment is approved for destruction:
AYES-5 Hinkley, Raeder, Murray, Davie, Hynes
NAYS-0
No action taken on the Roxbury Sewer Agreement with LVDV Operations, Inc. for 2018.
An inspection by NYS Dept. of Labor has found violations pertaining to the Town’s Violence Prevention Law and procedures. The Town Attorney will look into the matter and advise the Town Board.
The open building permit list was distributed to the Town Board.
No action taken on possible building code law changes as Attorney Young is still reviewing.
A letter has been received from the Grand Gorge Fire Department requesting Becker Ave. in Grand Gorge be closed on May 6, 2018 at 1:00 pm for approximately 2 hours for a wet-down ceremony.
On motion of Kenneth Davie second by Edward Raeder the Town Board approved closing Becker Ave. at 1:00 pm for approximately 2 hours for the Grand Gorge Fire Dept. wet-down ceremony pending review by the Town Attorney of any laws pertaining to the matter.
AYES-5 Davie, Raeder, Hinkley, Murray, Hynes
NAYS-0
On motion of Edward Raeder second by Carol Murray the bills were audited and ordered paid in the following amounts:
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0
On motion of Kenneth Davie second by Allen Hinkley the meeting adjourned at 9:05 pm.
THIS IS A TRUE COPY
__________________________________
Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman
Kenneth Davie, Councilman
ROXBURY TOWN BOARD Regular Meeting April 9, 2018
ROXBURY TOWN BOARD
Regular Meeting
April 9, 2018
Grand Gorge Civic Center
Call To Order 7:30 Regular Meeting
Minutes March Meeting
Requests to Speak: Mike Harrington-water projects funding & work status
Sue McIntyre-new Transfer Station laws
Department Reports: Water / Sewer
Board
Planning
Building & Grounds
Highway
Assessor
Building Inspector
Community Resources
Old Business
New Business
Letters to the Board: GG Senior Social Club-thank you
Complaint of snowmobiles
Discussion from Residents
Audits
ISSUES FOR ADOPTION / DISCUSSION
Resolution-Town Clerk monthly report for March 2018
Resolution-Supervisor’s monthly report for January & February 2018
Resolution-Assessor’s monthly report for March 2018
Resolution-Building Inspector monthly report for March 2018
Resolution-monthly water report for March 2018
Resolution-Justice Court monthly report for February 2018
Resolution-Tax Collector report for March 2018
Resolution-vacancy on RHPC with term thru 12/31/19
Resolution-Mountainside Creamery and Town/County lands
Resolution- ZS Security quote for additional cameras Kirkside Park
Resolution-transfer $75,000 from Highway Savings to Highway Equipment Reserve
Resolution-Equipment destruction
Civic Center Grant-income survey
Constable BOCES recognition
Open Building Permit list (to date) distributed to Town Board
Building Code changes
Unapproved March 12th, 2018 Meeting Minutes
UNAPPROVED MINUTES
March 12, 2018
The regular meeting of the Town Board was held March 12, 2018 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Edward Raeder, Allen Hinkley, Carol Murray and Kenneth Davie, Highway Supt. Neil German, Assessor Clerk Stephanie Seminara and five residents. Absent: Parks Clerk Carolynn Faraci and Town Attorney Kevin Young.
The Minutes of the February 12, 2018 meeting were approved on motion of Carol Murray second by Edward Raeder.
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0
Highway Supt. Neil German reported he has received a quote on a new 2019 Western Star truck with dump body, wing & side wing in the amount of $245,000 that is under a National NJPA bid so it would not have to be a formal bid by the Town. He also stated he has three trucks down with transmission problems. The Town Board discussed the new truck and directed the Hwy. Supt. to check with the vendor to see whether they would allow us to order the truck now and invoice us after 2019 so it can be placed in the 2019 Town Budget.
Michael Harrington of Lamont Engineers distributed a list of items to the Town Board regarding status of the Water Projects.
Denver Water Project
*Per the meeting with Roxbury Run Village Assoc. the quote from Subsurface Utility Imaging (SUI) for completing a utility location map was too high. Instead, an aerial mapping quote has been received from Land Mapping in the amount of $10,000 where a $2,000 payment would be needed for the flight. Assessor Clerk Stephanie Seminara suggested using RPS pictometry that the Assessor Office uses but there are certain criteria that has to be met to be acceptable.
* Replacement transformers for Well#1 and #6 are expected to be completed in the spring
RESOLUTION#25- DENVER WATER PROJECT AERIAL MAPPING
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Denver Water Project requires aerial mapping of utility locations; and
WHEREAS, Lamont Engineering, PC has received a quotation from Land & Mapping in the amount of $10,000 to complete the aerial utility mapping; and
WHEREAS, Land & Mapping would require $2,000 for the flight to begin the work;
NOW, THEREFORE BE IT RESOLVED, the Town Board authorizes Land and Mapping to conduct the aerial utility mapping required for the Denver Water Project at a cost of $10,000; and
BE IT FURTHER RESOLVED, the Town Board approves immediate payment of $2,000 for the flight.”
AYES-5 Hinkley, Raeder, Murray, Davie, Hynes
NAYS-0
Roxbury/Grand Gorge Water Project
*Installation of monitoring well MW-5 for the new PW-3 on the Hinkley property has been completed. Slug testing was performed and is being analyzed.
*A report has been submitted to NYS Dept. of Health (NYSDOH) for the Springs Filtration
*A proposal was received from Titan in the amount of $4,800 to assemble the springs filter system. Discussion took place on Titan also supplying the filters and an additional cost of approximately $3,000. Harrington also discussed the risks of approving this work.
*Micro Particulate Analysis testing of the springs is also required by NYSDOH at a cost of $2,500 for two samples. The Town Board directed Lamont Engineering to proceed on this step.
*Discussion on Ag District designation required by NYS EFC.
RESOLUTION #26-RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY
APPROVING EXECUTION OF A CONTRACT WITH TITAN DRILLING CORP.
FOR WORK TO BE PERFORMED AT THE ROXBURY SPRINGS FILTRATION PROJECT
On motion of Kenneth Davie second by Allen Hinkley 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 a contract with Titan Drilling Corp. to provide labor and materials to construct the demonstration filter system in accordance with Lamont Engineering drawings dated March 2, 2018,; and
WHEREAS, at a meeting of said Town Board on March 12, 2018, the Town reviewed the Titan Drilling Corp. proposal attached hereto; and
WHEREAS, the Town Board now desires to approve and execute the attached Contract; and
NOW, THEREFORE BE IT RESOLVED THAT:
1.The form and content of the Contract attached hereto is hereby approved.
2.The Town Supervisor is hereby authorized to execute the attached Contract for the services described therein.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0
The Town Board received a written monthly report from Assessor Robert Breglio. Assessor Clerk Stephanie Seminara added that exemptions have been received and entered and the County mainframe issue has been resolved and all lost data has been re-entered for the 2018 Tentative Roll.
Stacy Capaldo of Cronk Lane was present to discuss her concerns with neighbor Willard Palmer who addressed the Town Board in February regarding the loud music issue. Mrs. Capaldo reported being harassed by the Palmer’s, expressed concerns with the closeness of the Palmer’s new mobile home to her house because the new trailer was not put in the same location as the old trailer and the closeness of the new fence to the property line thereby requesting what the set back requirements are, reported having visits from law enforcement due to noise complaints received, claimed Mr. Palmer had started a petition to have them move and expressed concerns with the previous Building Inspector’s practices on condemning the Merwin building where she had been previously living which caused him to be fired by the Town. The Town Board discussed the matters whereby they still feel it is a civil matter between neighbors. Supervisor Hynes added the previous Building Inspector was not let go due to his practices solely on the Merwin building.
Supervisor Hynes stated Parks Clerk Carolynn Faraci was absent due to illness and Attorney Kevin Young was absent due to having to attend a meeting in Conesville.
Joseph Resch of the Grand Gorge Business Association (GGBA) reported they have met and would like to help the Town and M-ARK Project Inc. with income surveys that are required for a grant submission for more funds to make needed repairs/upgrades to the Grand Gorge Civic Center and the possibility of the letter/survey coming from the GGBA in hopes of getting a better response. The Town Board was invited to attend their next meeting on April 3rd at 6:30 pm at the Civic Center to discuss strategies for the income surveys. Supervisor Hynes will speak with Margaret Ellsworth of the M-Ark Project regarding the criteria of the grant.
A letter was received from MTC Cable reporting on increases for Cable/Phone/Internet rates effective April 1, 2018.
A card was received from the Roxbury Senior Club thanking the Town Board for the $500 they received as budgeted in the 2018 Town Budget.
On motion of Carol Murray second by Edward Raeder the Town Board approved the Town Clerk’s monthly report for February 2018 in the amount of $645.01 (Town Clerk $145.01 and Building Permits $500.00)
AYES-5 Murray, Reader, Hinkley, Davie, Hynes
NAYS-0
The Supervisor’s monthly report for January 2018 was not available.
On motion of Allen Hinkley second by Kenneth Davie the Town Board approved the Assessor’s written monthly report for February 2018.
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0
On motion of Edward Raeder second by Allen Hinkley the Town Board approved the Building Inspector’s written monthly report for February 2018.
AYES-5 Raeder, Hinkley, Murray, Davie, Hynes
NAYS-0
On motion of Carol Murray second by Allen Hinkley the Town Board approved the Water District monthly reports for February 2018 in the following amounts of receipt: Denver $559.68; Grand Gorge $597.59 and Roxbury $1,214.40.
AYES-5 Murray, Hinkley, Raeder, Davie, Hynes
NAYS-0
On motion of Kenneth Davie second by Edward Raeder the Town Board approved the Justice Court monthly report for January 2018 in the amount of $4,350.
AYES-5 Davie, Raeder, Hinkley, Murray, Hynes
NAYS-0
On motion of Allen Hinkley second by Carol Murray the Town Board approved the Tax Collector’s report for February 2018.
AYES-5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS-0
No action was taken on filling the vacancy on the Historic Preservation Commission.
Sealed Bids for Highway Fuels were advertised and opened on March 9, 2018 at 2:00 pm at the Town Hall. A total of two bids were received and were as follows per gallon:
RESOLUTION #27-AWARD HIGHWAY FUEL BID
On motion of Kenneth Davie second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board awards the Highway Fuel bid as follows: Diesel and Winter Blend to Mirabito Energy at fixed prices of $2.1817/gallon and $2.2897/gallon respectively.”
AYES-5 Davie, Murray, Raeder, Hinkley, Hynes
NAYS-0
Sealed bids for Highway Material Hauling were advertised and opened on March 9, 2018 at 2:15 pm at the Town Hall. A total of six bids were received and were as follows on a per ton basis:
RESOLUTION #28-AWARD HIGHWAY MATERIAL HAULING BID
On motion of Kenneth Davie second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board awards the Highway Material Hauling bid to the two lowest bidders for each material as follows:
AYES-5 Davie, Raeder, Hinkley, Murray, Hynes
NAYS-0
RESOLUTION #29-RENEW JUNKYARD LICENSE
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the Town Clerk has received a Junkyard License renewal application and fee from Martin Hagerott, dba Marty Built, Inc. located at 565 Charcoal Rd.;
BE IT RESOLVED, the Town Board approves the renewal of a Junkyard License for Martin Hagerott, dba Marty Built Inc. which shall expire March 31, 2019.”
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0
RESOLUTION #30-DESTRUCTION APPROVAL TAX COLLECTOR RECORDS
On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board authorizes the destruction of the following Tax Collector records pursuant to MU-1 Records Retention & Destruction Schedules:
AYES-5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS-0
Per prior meeting discussion regarding open building permits, a draft letter was received from the Town Attorney to send to open building permit owners that did not respond to notices mailed in 2017. The draft letter includes harsher verbiage requiring a response within 30 days of the date of the letter or formal enforcement action will be taken.
On motion of Allen Hinkley second by Carol Murray the Town Board approved the Building Inspector to mail agreed upon letters to open building permit owners who did not respond to notice sent in 2017.
AYES-5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS-0
Discussion took place on fees to be charged to Denver, Grand Gorge and Roxbury Water District customers who require the water meter to be replaced due to neglect by the owner thus causing damage to the meter.
RESOLUTION #30-WATER METER REPLACEMENT CHARGES
On motion of Allen Hinkley second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, per water district Water Use Laws, the Town Board approves the following charges to water customers in the Denver, Grand Gorge and Roxbury Water Districts who allow damage to occur to their water meters due to neglect, requiring the meter to be replaced, the fees shall be as follows for cost of the meter and labor for LVDV Operations (Water Operators): Denver $187.00 and Grand Gorge/Roxbury $257.00.”
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0
The Mountainside property issue was tabled until the Town Attorney is present to discuss the matter with the Town Board.
No action was taken on the quote from ZS Security for additional cameras in Kirkside Park. Per notes from Parks Clerk Carolynn Faraci, she had emailed the company to contact Supervisor Hynes to discuss the matter and he has yet to hear from the company.
A letter has been received from Cheryl Hinkley that she has resigned from cleaning the Town Hall effective Feb. 14, 2018. She will continue to clean the Civic Center and a new cleaning person will be sought for the Town Hall.
RESOLUTION #31-HINKLEY RESIGNS TOWN HALL CLEANING
On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board regretfully accepts the resignation of Cheryl Hinkley as cleaning person for the Town Hall effective Feb. 14, 2018.”
AYES-5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS-0
The Town’s Annual Financial Report for the year 2017 has been filed with the State Comptroller and a copy is available for inspection at the Town Clerk’s Office.
The 2017 Roxbury Sewer Reconciliation has been approved by NYCDEP.
A copy of the open building permit list through 2/28/18 was distributed to the Town Board.
The Town Clerk/Records Management Officer submitted a memo to the Town Board notifying them that she had requested, but has not received any 2017 tax collection records from the Tax Collector of that year and also gave them a copy of the bank statement of 2/28/18 showing a balance on hand. No discussion or action taken by the Town Board.
No action was taken on possible building code changes until the Town Attorney reviews the information.
Per the request of Transfer Station Manager, David Dumond, an application has been received from Anthony Geller to be an extra fill-in at the Transfer Station. No decision was made by the Town Board who will look into the matter further with the Transfer Station personnel.
An email was received from Martin Menne requesting adjustment of fees on his water account due to having to let his water run to prevent freezing of his water line under State Hwy 30.
RESOLUTION#32-MENNE WATER CREDIT
On motion of Allen Hinkley second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, the Water Clerk was directed to credit water account #155 Martin Menne $7.64 for the February 2018 water charge of $21.35 for 12,200 gallons of usage to $13.71 by averaging the usages for Jan, Feb and Mar 2018.”
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0
A written request was received from Fred Morse requesting the possibility of water and sewer connection to a parcel he owns on Hillcrest Drive.
RESOLUTION #33- RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ROXBURY AUTHORIZING THE SEWER AND WATER CONNECTION APPLICATIONS OF FRED MORSE AND CAROL WILSON FOR PROPERTY LOCATED ON HILLCREST DRIVE
TAX MAP #179.-1-7.211
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board has received a written request for availability of connection to the Roxbury Sewer system for a vacant parcel of land identified as Tax Map No. 179.-1-7.211; and
WHEREAS, the Town of Roxbury adopted its existing “Sewer use Law” (“SUL”) as amended on November 9, 2009; and
WHEREAS, Article 13 of the Town of Roxbury’s SUL addresses the Town’s requirements with regard to new sewer connections; and
WHEREAS, the Town Board requires the requisite $100.00 application fee for a sewer connection from the owners of property (“the applicants”); and
WHEREAS, applicants will be required to remit charges to the Town for the sewer connection that include a Special Benefit Assessment of $2,000.00 for the proposed two bedroom apartment pursuant to Section 1302(1)(b)(ii) of the SUL and an additional $526.00 for the proposed yoga studio pursuant to Section 1302(1)(c)(ii) of the SUL; and
WHEREAS, the Town of Roxbury will arrange for the installation of the necessary street lateral, if necessary; and
WHEREAS, the applicants will be responsible for all costs in connection with the Town’s installation of such street lateral; and
WHEREAS, the Town Board has received a written request for availability of connection to the Roxbury Water system for a vacant parcel of land identified as Tax Map No. 179.-1-7.211; and
WHEREAS, the Town of Roxbury adopted its existing Water Supply Law (“WSL”) on May 13, 2013; and
WHEREAS, pursuant to Section 26 of the WSL, applicants/owners are required to have and maintain a water meter approved by the Roxbury Water District; and
WHEREAS, pursuant to Section 26, Table 1, the property owner will be responsible for the timely payment of calculated water rents; and
WHEREAS, the Roxbury Water District will supply the curb box; and
WHEREAS, the property owners will be responsible for all costs to install the curb box and attached water lateral from the water main to and in the building;
THEREFORE, NOW BE IT RESOLVED THAT:
1. The Town Board of the Town of Roxbury has evaluated the request for sewer connection and has considered the “Criteria Non-Household Connection” set forth in Section 1301C of the SUL and hereby approves connection availability for Tax Map No. 179.-1-7.211 provided the building is partially within the sewer district; the Town Board has the sole authority to grant a connection, and provided all proper applications and fees are submitted by the owners; and
2. The Town Board requires that the Town of Roxbury arrange for and oversee the installation of the sewer street lateral and that all costs associated with this installation shall be the responsibility of the Applicants; and
3. The Town Board of the Town of Roxbury has evaluated the request for water supply connection and hereby approves the availability of Roxbury Water connection for Tax Map No. 179.-1-7.211, provided a Water Connection Agreement is received from the owner; and
4. The Roxbury Water District requires the installation and maintenance of a water
meter and curb box by the owners, whereby the Water District will supply the water meter and curb box but the installation costs are to be at the expense of the owner; and
5. All other costs for the installation of the water lateral from the water main to and
into the building shall be at the expense of the owner.
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Hinkley, Raeder, Murray, Davie, Hynes
NAYS-0
On motion of Carol Murray second by Edward Raeder the bills were audited and ordered paid in the following amounts:
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0
A reminder was given that the next monthly meeting will be April 9, 2018 at 7:30 pm at the Grand Gorge Civic Center.
On motion of Edward Raeder second by Kenneth Davie the meeting adjourned at 9:20 pm.
THIS IS A TRUE COPY
_____________________________
Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman
Kenneth Davie, Councilman
Unapproved Feb. 12, 2018 Meeting Minutes
Please note the January minutes were approved at the Feb. meeting.
February 12, 2018
The regular meeting of the Town Board was held February 12, 2018 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Edward Raeder, Allen Hinkley, Carol Murray and Kenneth Davie, Highway Supt. Neil German, Assessor Robert Breglio and five residents. Absent: Parks Clerk Carolynn Faraci and Attorney Kevin Young.
The Minutes of the January 2018 Organizational meeting were approved on motion of Carol Murray second by Edward Raeder.
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0
Margaret Ellsworth of the M-ARK Project, distributed final draft plans of the Kirkside Barn Kitchen project for review and discussed the M/WBE process. It is expected grant funds from different agencies will cover project costs, however, it will not be known for sure until bids come in. Discussion took place on use of the kitchen and scheduling.
No word has been received on the CDBG housing rehab grant submitted last year. If the 2017 round is denied another submission will be done in 2018.
Joseph Resch of the Grand Gorge Business Association and Community Action Group requested another grant be submitted for additional work on the Civic Center that was not able to be done last year by a grant due to not having received the required percentage of income surveys back for the Grand Gorge area. Mr. Resch said the work really is needed and the Business Association would spearhead dialogue and correspondence with the Grand Gorge residents to get more income survey responses completed. Any new surveys would be mailed from the Town and not the M-ARK Project which is thought to have caused some of the confusion with residents. Ellsworth will meet with Rich Davis and/or Joe Resch to put a letter together for the residents.
Highway Supt. Neil German reported the 2006 Chevy 4500 truck needs to be replaced, as well as two sanders and the Snap On mig welder and requests putting them on Auction’s International, he reported the transmission went out on one of the Dodge trucks and is in Albany for repairs, he requested the Town Board approve additional cameras at the highway garage per a quote in the amount of $3,169.98 and requested getting a new or used big truck and a new sander. He will look into prices for the big truck and sander.
RESOLUTION #13-HIGHWAY EQUIPMENT ON AUCTION’S INTERNATIONAL
On motion of Kenneth Davie second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board authorizes the Highway Supt. to submit the following highway equipment to Auction’s International to be sold on their bidding site: 2006 Chevrolet 4500 truck, two sanders and a Snap-On mig welder.”
AYES-5 Davie, Hinkley, Raeder, Murray, Hynes
NAYS-0
RESOLUTION #14-HIGHWAY GARAGE CAMERAS
On motion of Allen Hinkley second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, the Town Board accepts the quote of ZS Security to install additional cameras at the highway garage in the amount of $3,169.98.”
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0
Supervisor Hynes reported that roof work has begun on the old highway garage.
Assessor Robert Breglio submitted a written report for the Town Board and hi-lited he is working on the 2018 Tentative Roll, has started preparing for the 2019 revaluation update, discussed concerns with the State using vacant lands from other Counties for trending the values of Town of Roxbury vacant lands and finds it unfair, his office continues to work on all exemptions that are due by March 1st and the Clerk has sent reminder notices to those who have not replied and stated the early Level of Assessment (LOA) from the State is at 100%. Discussion also took place on the County mainframe issue that was compromised last year due to an Assessor of two Towns giving corrupted files to the County for processing that caused lost data resulting in all other Towns having to check their data and re-enter most. The County Board of Supervisor’s passed a resolution whereby all Towns in Delaware County are now required to enter their changes on the mainframe. Supervisor Hynes stated the County will not be manually entering that Assessor’s information.
Michael Harrington of Lamont Eng. submitted a written report of water project status.
Denver Water
Meeting with Roxbury Run Village Assoc. next steps phase 2 controls, updated water/sewer mapping, leakage survey, 2” cluster feed piping replacement, valve additions/replacements & pump house improvements. He awaits a proposal from Subsurface Utility Imaging for the water/sewer line mapping and a final pay estimate has been received from Blizzard Electric on Contract #2.
GG/Roxbury Water
Installation of the monitoring well on the Hinkley property is underway where soil samples will be used to assess the aquifer soils so a test/production well can be designed, springs re-development is underway with plans for a 30 gpm pilot unit to be submitted to NYS Dept. of Health next week and he will be working on assembling and submitting the “Needed Items” as requested by EFC.
Supervisor Hynes questioned if we still need to maintain the Frevert Well in Grand Gorge as it is costing Grand Gorge Water District electric costs. Mr. Harrington stated , per NYS Dept. of Health it does still need to be maintained as an emergency water source for Grand Gorge. The pump will be looked into as it had been having problems.
Willard and Anita Palmer of Cronk Lane wanted to bring a matter to the attention of the Town Board whereby they expressed concerns of noise issues (loud music and fireworks) they are having with neighbors who rent the home next to him that is owned by Lee Prince. They stated their son has resorted to having to wear earplugs to bed, having tried to speak with the renters about the matter whereby they felt threatened, they have a log of incidents, have incident reports from the Delaware County Sheriff’s Office and State Troopers, and feels the loud music issue seems to have become worse since the Palmer’s erected a fence.
The Town Board had discussed both the Palmer’s situation as well as complaints of loud music coming from the house at the end of Cronk Lane at a previous meeting and possibly enacting a noise ordinance. At that time, the Town Board felt it was a civil matter between neighbors, but Supervisor Hynes will contact the Town Attorney to discuss the matters further.
A letter was received from William Quackenbush who is in the process of purchasing the Van’s Variety properties in Grand Gorge where he will be moving his pizza shop to. He is requesting to move the existing hydrant closer to the building, with all costs at his own expense. The Town Board discussed the matter and was agreeable contingent upon the purchase going through.
RESOLUTION #15 -RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY
APPROVING REQUEST TO RELOCATE EXISTING FIRE HYDRANT LOCATED AT 37249 STATE HIGHWAY 23, GRAND GORGE
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 (“Town Board”) received a letter request dated January 31, 2018, from William Quackenbush, a Town of Roxbury resident, to relocate an existing fire hydrant located at 37249 State Highway 23, Grand Gorge, Tax Map No. 92.1-2-2 with all costs at his own expense; and
WHEREAS, William Quackenbush is currently under contract to purchase the property located at 37249 State Highway 23, Grand Gorge, Tax Map No. 92.1-2-2; and
WHEREAS, the Town Board carefully reviewed Mr. Quackenbush’s letter request dated January 31, 2018, as well as a letter from the Grand Gorge Fire Department dated February 1, 2018, noting that the relocation of the existing fire hydrant would not hinder any firefighting operations (see letters attached); and
WHEREAS, based upon that review, the Town Board has determined that the relocation of the existing fire hydrant located at 37249 State Highway 23, Grand Gorge, Tax Map No. 92.1-2-2 is hereby approved, contingent upon the sale and successful closing of 37249 State Highway 23, Grand Gorge, Tax Map No. 92.1-2-2.
NOW THEREFORE BE IT RESOLVED THAT:
1. The Town Board of the Town of Roxbury hereby approves the relocation of the existing fire hydrant located at 37249 State Highway 23, Grand Gorge, Tax Map No. 92.1-2-2, contingent upon the sale and successful closing of 37249 State Highway 23, Grand Gorge, Tax Map No. 92.1-2-2, from Clarence VanValkenburgh III and Roberta VanValkenburgh to William Quackenbush.
2. All costs to relocate the hydrant shall be at the owner’s expense and construction shall be overseen by Grand Gorge Water District operators.
3. The Town Board of the Town of Roxbury authorizes the Town Clerk to execute the necessary to paperwork, if any, to effectuate the relocation of the fire hydrant located at 37249 State Highway 23, Grand Gorge, Tax Map No. 92.1-2-2.
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0
A letter was received from WIOX Radio Station stating WSKG, current owner of the station, has applied to the FCC to transfer the WIOX license to WIOX, Inc., an independent New York State educational non-profit organization established by the station’s volunteers.
A second letter was received from WIOX radio station requesting an extension of the lease for the transmitter being housed at the highway garage through August 31, 2018. The current extension expired January 31, 2018 and the new extension is being requested because of not being able to move the transmitter to the new tower in Grand Gorge due to weather issues.
RESOLUTION #16-WIOX RADIO LEASE EXTENSION
On motion of Allen Hinkley second by Kenneth Davie the following resolution was offered and adopted:
“WHEREAS, the radio transmitter is currently housed at the highway garage on a lease that expired January 31, 2018; and
WHEREAS, WIOX Radio plans to move the radio transmitter to the new tower in Grand Gorge; and
WHEREAS, a request has been received from WIOX radio station to extend said lease though August 31, 2018;
NOW, THEREFORE BE IT RESLOVED, the Town Board agrees to grant WIOX Radio station an extended lease for housing the radio transmitter at the Highway Garage through August 31, 2018.”
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0
Joe Resch and Rich Davis reported there are lights out at the Civic Center and having heard from Justice Heather Gockel and Justice Clerk Sandra Rockwell that the Court had been approved for grant funds for items such as emergency lighting, etc. Supervisor Hynes will check with the Court for more information.
On motion of Allen Hinkley second by Carol Murray the Town Board approved the Town Clerk’s monthly report for January 2018 in the amount of $1,640.25 (Town Clerk $280.25 and Building Permits $1,360.00)
AYES-5 Hnkley, Murray, Raeder, Davie, Hynes
NAYS-0
On motion of Edward Raeder second by Carol Murray the Town Board approved the Supervisor’s monthly report for December 2017.
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0
On motion of Edward Raeder second by Allen Hinkley the Town Board approved the Assessor’s monthly report for January 2018.
AYES-Raeder, Hinkley, Murray, Davie, Hynes
NAYS-0
On motion of Allen Hinkley second by Kenneth Davie the Town Board approved the Building Inspector’s monthly report for January 2018.
AYES-Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0
On motion of Kenneth Davie second by Carol Murray the Town Board approved the monthly water reports and receipts for January 2018 in the following amounts: Denver $3,181.48; Grand Gorge 3,684.20 and Roxbury $4,587.82).
AYES-5 Davie, Murray, Raeder, Hinkley, Hynes
NAYS-0
On motion of Carol Murray second by Edward Raeder the Town Board approved the Justice Court monthly report for December 2017 in the amount of $3,806.50.
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0
On motion of Allen Hinkley second by Kenneth Davie the Town Board approved the Tax Collector’s monthly report for January in the amount of $3,618,529.90.
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0
The Tax Collector has paid the Town warrant in full as of this date.
No action was taken on filling the vacancy on the Historic Preservation Commission.
A letter was received from Phillip Zorda, Chairman of the Roxbury Planning Board requesting appointment of Diane Munro to fill the vacancy on the Planning Board.
RESOLUTION #17-APPOINT MUNRO TO PLANNING BOARD
On motion of Kenneth Davie second by Allen Hinkley the following resolution was offered and adopted:
“ RESOLVED, the Town Board appoints Diane Munro to fill the vacancy on the Planning Board for the unexpired term 2/12/18-12/31/18.”
AYES-Davie, Hinkley, Raeder, Murray, Hynes
NAYS-0
RESOLUTION #18-AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS
On motion of Edward Raeder second by Carol Murray 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 2018;
NOW, THEREFORE BE IT RESOLVED, the sum of $270,499.04 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 $379,500.96 shall be set aside to be expended for the permanent improvement of Town highways that include Sally’s Alley, Redkill Rd, Autumn Breeze Rd., Deerfield Rd., Hanford Shultis Rd., N. Montgomery Hollow Rd.,Bruce Porn Rd., Frevert Rd., Bailey Rd., hamlet of Roxbury roads and hamlet of Grand Gorge roads.”
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0
RESOLUTION #19-ADVERTISE BIDS FOR HIGHWAY FUELS
On motion of Allen Hinkley second by Edward Raeder the following resolution offered and adopted:
“RESOLVED, the Highway Supt. is authorized to advertise for bids for Highway Diesel to be opened March 9, 2018 at 2:00 pm at the Town Hall.”
AYES-5 Hinkley, Raeder, Murray, Davie, Hynes
NAYS-0
RESOLUTION #20-ADVERTISE BIDS FOR HIGHWAY MATERIAL HAULING
On motion of Carol Murray second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, the Highway Supt. is authorized to advertise for bids for Highway Material Hauling to be opened March 9, 2018 at 2:15 pm at the Town Hall.”
AYES-5 Murray, Davie, Raeder, Hinkley, Hynes
NAYS-0
RESOLUTION #21-APPROVE RENEWAL OF TOWN POLICIES
On motion of Kenneth Davie second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board has reviewed the current Drug Free Awareness Program Policy and Limited English Proficiency (LEP) Policy and renews same for the year 2018.”
AYES-Davie, Hinkley, Raeder, Murray, Hynes
NAYS-0
RESOLUTION #22-RECORDS DESTRUCTION LIST
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, in accordance with current retention schedules, the records listed below are approved for destruction:
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0
A letter of retirement was received from David Thorington who plans to retire from the highway dept. in May 2018.
RESOLUTION #23- THORINGTON RETIREMENT
On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board regretfully accepts the retirement of David Thorington from the Highway Dept. with a last day to be worked May 7, 2018.”
AYES-5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS-0
RESOLUTION #24-ADD SLATER TRAILER TO GRAND GORGE WATER DISTRICT ON TAX ROLL
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, on May 2, 2017, Dennis & Jacqueline Slater executed an agreement with Grand Gorge Water District to connect a trailer located in Hubbell Corners, Tax Map #157.2-1-20.12 to said system; and
WHEREAS, a water service line has been run to the property; and
WHEREAS, the agreement requires the property to be charged the Grand Gorge Water District tax;
BE IT RESOLVED, the Town Board approves the property owned by Dennis & Jacqueline Slater, Tax Map # 157.2-1-20.12 shall be added to the 2018 Tax Roll to include Grand Gorge Water District Tax.”
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0
A quote was received from ZS Security for adding cameras at Kirkside Park in the amount of $3,512.48. The matter was tabled until the Town Board gathers more information.
The open building permit list to date was distributed to the Town Board.
The 4th quarter 2017 Transfer Station C&D overage invoice in the amount of $5,927 was distributed to the Town Board.
Discussion took place on correspondence from Lamont Engineers who may be doing a project to develop Tax Map #179.-1-7.211 on Hillcrest Dr. that is currently owned by Fred Morse and Carol Wilson and the possibility of connecting to municipal water & sewer. The Town Board discussed the matter. The Town Clerk was directed to contact the owners and let them know the Town Board must have a written request from them before any further discussion on the matter.
Discussion took place on several water meters having to be replaced over the past few years due to neglect by the owners causing them to freeze and bust. The water by- laws state the property owners can be charged. Councilman Davie made a motion to charge per the water by-laws. No second was made on the motion. Instead, the Town Board directed the Town Clerk to notify the water operators that only one meter per property can be replaced free of charge and charges will be invoked for those after.
On motion of Edward Raeder second by Carol Murray the bills were audited and ordered paid in the following amounts:
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0
On motion of Kenneth Davie second by Allen Hinkley the meeting adjourned at 9:30 pm.
THIS IS A TRUE COPY
____________________________________
Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman
Kenneth Davie, Councilman
UNAPPROVED MINUTES
January 2, 2018
The Organizational Meeting of the Roxbury Town Board was held January 2, 2018 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Edward Raeder, Allen Hinkley, Carol Murray and Kenneth Davie, Highway Supt. Neil German, Assessor Clerk Stephanie Seminara, Parks Clerk Carolynn Faraci, Attorney Kevin Young and three residents.
Oaths of Office were taken by re-elected Supervisor Thomas S. Hynes and Councilman Allen Hinkley and newly elected Councilman Kenneth Davie.
The Minutes of the December 11 and 27, 2017 meetings were approved on motion of Carol Murray second by Allen Hinkley.
AYES-5 Murray, Hinkley, Raeder, Davie, Hynes
NAYS-0
Hwy. Supt. Neil German reported crews have been busy plowing & sanding, one of the Oshkosh trucks is undergoing repairs for a broken transfer case and he is still waiting to hear from the camera man about additional cameras for the garage. Councilman Hinkley will contact the camera man.
Michael Harrington of Lamont Engineers distributed a written report on the Civic Center roof project and Water Projects status.
Civic Center Roof
All work has been completed on the roof replacement and all paperwork received from the contractor so final payment will be made.
Denver Water Project
*Contract #1 PRV building work has been completed and contractor paid in full
*Contract #2 Controls has been substantially completed
*Contract #3 Wellfield Electric has been delayed due to an incorrect transformer and the wells need to be tested before they can be put into use.
*The Supervisor and the Engineer will next meet with Roxbury Run Village Association to see what further work they want to undergo with the funds allotted.
Roxbury/Grand Gorge Water Project
*A 75% WQIP Grant has been awarded to go towards property acquisition that is planned with the project
*Discussed getting the springs back into use by installing a cartridge filter system on only the clean lines
*NYS EFC is requiring a needed items list
* Discussed land acquisition issues and options
Assessor Clerk Stephanie Seminara stated the tax bills went out on time as there was concern when the County system was compromised in 2017.
Parks Clerk Carolynn Faraci expressed concerns with not hearing back from the camera man regarding additional cameras at the park. Councilman Hinkley will contact the camera man.
Supervisor Hynes reported Steve Cammer has repaired the problems at the Transfer Station, however, more repairs are needed.
Discussion took place on complaints of noise on Cronk Lane. Another issue has also arisen between two neighbors involving noise and other issues. The Town Board feels it is a civil matter between the neighbors. The Town Attorney will look into the criminal code for any laws for noise being a nuisance.
RESOLUTION #1-APPOINTMENTS AND COMMITTEES
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board approves the following appointments and committees:
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0
Elected Officials Information:
On motion of Carol Murray second by Allen Hinkley the Town Board approved the Town Supervisor’s appointment of Edward Raeder as Deputy Supervisor for the term 1/1/18-12/31/18.
AYES – 5 Murray, Hinkley, Raeder, Davie, Hynes
NAYS – 0
On motion of Allen Hinkley second by Carol Murray the Town Board approved the Town Supervisor’s appointment of Carolynn J. Faraci as the Supervisor’s Bookkeeper for the term 1/1/18-12/31/18.
AYES – 5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS – 0
On motion of Edward Raeder second by Carol Murray the Town Board approved the Highway Supt.’s appointment of William Sprague as Deputy Hwy. Supt. for the term 1/1/18-12/31/18.
AYES – 5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS – 0
On motion of Allen Hinkley second by Edward Raeder the Town Board approved the Town Clerk’s appointment of Carolynn J. Faraci as Deputy Town Clerk #1 for the term 1/1/18-12/31/18.
AYES-5 Hinkley, Raeder, Murray, Davie, Hynes
NAYS-0
RESOLUTION #2-RE-APPOINT COWAN AND FARLEIGH TO PLANNING BOARD
On motion of Allen Hinkley second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, the Town Board re-appoints David Cowan and Wheldon Farleigh for a five year term each on the Planning Board with said terms being 1/1/18-12/31/22.”
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0
RESOLUTION #3-RE-APPOINT WENDELL AND MATHIS TO HISTORIC COMMISSION
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board re-appoints Lewis Wendell and Michael Mathis for a three year term each on the Historic Preservation Commission with said terms being 1/1/18-12/31/20.”
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0
RESOLUTION #4 OFFICIAL UNDERTAKING
On motion of Carol Murray second by Kenneth Davie 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 2018.”
AYES – 5 Murray, Davie, Raeder, Hinkley, Hynes
NAYS – 0
RESOLUTION #5– TOWN BOARD MEETING SCHEDULE
On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED the Town Board for the year 2018 will meet the second Monday of each month for their Regular Monthly Meeting, except for January when they shall meet January 2, 2018 and except for November when they shall meet on Thursday November 8, 2018. 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 Raeder, Hinkley, Murray, Davie, Hynes
NAYS – 0
RESOLUTION #6– PLANNING BOARD MEETING SCHEDULE
On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED the Planning Board for the year 2018 will meet the third Wednesdays of each month for their Regular Monthly Meeting. All meetings shall begin at 7:30 pm and will be held at the Town Hall, 53690 State Hwy. 30, Roxbury, NY.”
AYES – 5 Raeder, Hinkley, Murray, Davie, Hynes
NAYS – 0
RESOLUTION #7– HISTORIC COMMISSION MEETING SCHEDULE
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED the Historic Preservation Commission for the year 2018 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, Hinkley, Davie, Hynes
NAYS – 0
RESOLUTION #8-TOWN POLICIES
On motion of Carol Murray second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board has reviewed and re-adopts the following Town Policies for the year 2018: Procurement Policy, Investment Policy, Sexual Harassment Policy, Computer Use Policy, Local Privacy Notification Policy, Code of Ethics, Travel Re-imbursement Policy, Section 504 Grievance Procedure, Workplace Violence Prevention Policy and Employee Handbook.”
AYES-5 Murray, Hinkley, Raeder, Davie, Hynes
NAYS-0
RESOLUTION #9-BUILDING INSPECTOR AGREEMENT
On motion of Allen Hinkley second by Carol Murray 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 2018.”
AYES – 5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS – 0
On motion of Kenneth Davie second by Carol Murray the Town Board designates the Town Supervisor and Deputy Supervisor as official check signers for the year 2018.
AYES – 5 Davie, Murray, Raeder, Hinkley, Hynes
NAYS – 0
On motion of Kenneth Davie second by Carol Murray the Town Board approves the following designations for the year 2018:
Atlantic Inland of Cortland as Fire Inspector
Catskill Mountain News as legal newspaper
NBT Bank N.A. and Wayne Bank for Town banking
Mostert, Manzanaro & Scott, LLP as Town CPA
Mileage rate at IRS rate of $.545/mile
AYES-5 Davie, Murray, Raeder, Hinkley, Hynes
NAYS-0
On motion of Edward Raeder second by Allen Hinkley the Town Board approves payment to the Roxbury Library Association in the amount of $15,000 as approved in the 2018 Town Budget.
AYES-5 Raeder, Hinkley, Murray, Davie, Hynes
NAYS-0
On motion of Carol Murray second by Kenneth Davie the Town Board approved payment to the Roxbury and Grand Gorge Legion Posts in the amount of $150 each as approved in the 2018 Town Budget.
AYES-5 Murray, Davie, Raeder, Hinkley, Hynes
NAYS-0
On motion of Allen Hinkley second by Kenneth Davie the Town Board approved payment to the Roxbury and Grand Gorge Senior Clubs in the amount of $500 each as approved in the 2018 Town Budget.
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0
RESOLUTION #10-DELAWARE COUNTY PLANNING DEPARTMENT CONTRACT
On motion of Edward Raeder second by Carol Murray 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 2018; and
BE IT FURTHER RESOLVED the Town Supervisor is authorized to execute the agreement with the Delaware County Planning Department for services in the year 2018.”
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS –0
On motion of Carol Murray second by Kenneth Davie the Town Board approved the Town Clerk’s monthly report for December 2017 in the amount of $1,830.30 (Town Clerk $275.30 and Building Permits $1,555.00)
AYES-5 Murray, Davie, Raeder, Hinkley, Hynes
NAYS-0
There was no Supervisor’s monthly report for December 2017 because bank statements have not yet been received.
On motion of Edward Raeder second by Carol Murray the Town Board approved the Assessor’s monthly report for December 2017.
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0
On motion of Allen Hinkley second by Edward Raeder the Town Board approved the Building Inspector’s monthly report for December 2017.
AYES-5 Hinkley, Raeder, Murray, Davie, Hynes
NAYS-0
On motion of Carol Murray second by Edward Raeder the Town Board approved the Water Receipts monthly report for December 2017 in the following amounts: Denver $136.40; Grand Gorge $351.06 and Roxbury $222.08.
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0
There was no Justice Court Report for December 2017 due to not having received an invoice from the State yet.
No action was taken to fill the vacancy on the Planning Board.
Attorney Young discussed Roxbury Sewer charges for 2018.
RESOLUTION #11-ROXBURY SEWER OVERAGE TO CAPITAL RESERVE FUND
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Roxbury Sewer O&M Budget for the year 2018 was approved by NYCDEP in the amount of $203,162.00 and
WHEREAS, NYCDEP’s portion has been determined to be $164,687.45; and
WHEREAS, the household and commercial charges (“Town Charges”) per the formula have been determined to be $38,474.55; and
WHEREAS, based on the actual household and commercial properties, the “Town Charges” to be collected is $41,682.24 causing an overpayment of $3,207.69;
NOW, THEREFORE BE IT RESOLVED, per approval by NYCDEP, the Town Board approves the transfer of $3,207.69 from Roxbury Sewer savings to the Roxbury Sewer Capital Reserve Fund.”
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0
RESOLUTION #12-SHARED SERVICES AGREEMENT WITH NYSDOT
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury has a Shared Services Agreement with other municipalities; and WHEREAS, the Town’s Shared Services Agreement includes NYS Dept. of Transportation (NYSDOT); and
WHEREAS, the Town’s Shared Services Agreement with all named municipalities expires on 12/13/20; and
WHEREAS, the NYSDOT Agreement naming the Town of Roxbury expired on 12/9/16;
NOW, THEREFORE BE IT RESOLVED, the Town Board authorizes the Town Highway Supt. to execute the NYS DOT Shared Services Agreement naming the Town of Roxbury; and
BE IT FURTHER RESOLVED, said NYSDOT agreement shall expire 12/13/20.”
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0
On motion of Kenneth Davie second by Allen Hinkley the Town Board allows the Town Clerk a petty cash fund in the amount of $100.
AYES-5 Davie, Hinkley, Raeder, Murray, Hynes
NAYS-0
On motion of Carol Murray second by Allen Hinkley the Town Board authorizes the Justice Court Clerk a petty cash fund of $100.
AYES-5 Murray, Hinkley, Raeder, Davie, Hynes
NAYS-0
On motion of Edward Raeder second by Allen Hinkley the Town Board authorizes the Tax Collector a petty cash fund of $25.
AYES-5 Raeder, Hinkley, Murray, Davie, Hynes
NAYS-0
The following reports/lists as of 12/31/17 were distributed to the Town Board:
Highway Equipment List
Good Neighbor Fund Report & Balance ($225,007.42)
Planning Board Training Hours Report
Open Building Permit List
Annual Building Permit report
Town Clerk Annual Report of receipts/disbursements
It was noted the agreement with LVDV Operations, Inc. for operation of the Roxbury Sewer District has not yet been signed by the Town. Attorney Young discussed the issues.
On motion of Allen Hinkley second by Carol Murray the bills were audited and ordered paid in the following amounts:
AYES-5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS-0
Discussion took place on status of the Kirkside Park Community Kitchen project. The contract with Dadras Architect has been executed. A meeting scheduled with the architect and Margaret Ellsworth of the M-ARK Project Inc. was cancelled so the Town only has the floor plan of the kitchen.
On motion of Carol Murray second by Allen Hinkley the meeting closed at 8:30 pm.
THIS IS A TRUE COPY
__________________________________________
Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman
Kenneth Davie, Councilman
Unapproved October Town Board Minutes
October 9, 2017
The regular meeting of the Town Board was held October 9, 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, Highway Supt. Neil German, Parks Clerk Carolynn Faraci, Assessor Clerk Stephanie Seminara, Town Attorney Kevin Young and 5 residents.
The Minutes of the September 11, 2017 meeting were approved on motion of Gene Cronk seconded by Carol Murray.
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
Highway Supt. Neil German reported crews continue to haul sand, mow and clean ditches. He requested replacing the Volvo grader under a federal bid with a payment plan where the Volvo trade-in would be $45,000. He also stated the roof on the old highway garage is worse and is in need of repair or replacing.
Sealed bids for the Grand Gorge Civic Center roof replacement were opened on October 6, 2017 at 2:15 pm at the Town Hall. A total of five bids were received and were as follows:
Michael Harrington of Lamont Eng. Discussed the roof bids and the possibility of a change order to reduce the wind speed specs from 115 mph to 90 mph that would also save on costs.
RESOLUTION #105 -AWARD CIVIC CENTER ROOF BID
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and approved:
“RESOLVED, the Town Board awards Contract #1 Base bid to Titan Roofing at a cost of $94,800; and
BE IT FURTHER RESOLVED said award is contingent upon an approved Change Order on a deduction for a change in wind speed specs if allowable; and
BE IT FURTHER RESOLVED the Supervisor is authorized to execute a Notice of Award in the amount of $94,800.”
AYES-5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS-0
Discussion took place on using Good Neighbor Funds to pay for the costs of the Civic Center roof replacement.
RESOLUTION #106 -USE GOOD NEIGHBOR FUNDS FOR ROOF REPLACEMENT
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“RESOLVED, the Town Board authorizes the Town Clerk to request from NYCDEP the use of Good Neighbor Funds in the amount of $94,800 to pay for the costs of the Civic Center roof replacement; and
BE IT FURTHER RESOLVED, said use shall be contingent upon the approval of NYCDEP for the use of said funds for said purpose; and
BE IT FURTHER RESOLVED, any grant funds received towards the project shall be reimbursed to Good Neighbor Funds.”
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
Mr. Harrington also stated that no award has been received yet for the grant application submitted for the Denver Water project that would cover 60% of costs. A status report was distributed to the Town Board. Bids for the well field access road are scheduled to be opened on October 19, 2017 at 2:00 pm and discussed having a special meeting to award the bids so further work can continue for other contracts. Councilman Cronk questioned why the highway dept. couldn’t repair the road and reasons were discussed.
RESOLUTION #107 -SPECIAL MEETING SCHEDULED
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 October 19, 2017 at 2:00 pm to award the Well field Access Repair Bid and to discuss any other business that may come before the Town Board.”
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
Status reports on the Roxbury/Grand Gorge water projects were distributed to the Town Board and were discussed.
Mr. Harrington also discussed their proposal to do a complete study on the Denver Sewer Plant facility and its deficiencies. Several repairs and upgrades are needed due to being an old, outdated system.
Councilman Cronk questioned status of re-opening the Roxbury Springs as a water source. Mr. Harrington stated that is part of the Roxbury/Grand Gorge Water Project.
Assessor Clerk Stephanie Seminara reported on the issues and problems that she has encountered since the County Real Property Services computer main frame has been corrupted due to a stand alone Town who does not use the system live, but rather turns over their changes by disc, etc. that has been corrupted thus corrupting the County’s computer system. As a result, all the other Towns who are working live will have to re-enter all their work from when the system was compromised. The hope is that the County Board of Supervisors will require all Towns to be live on the system to prevent future problems such as this.
Parks Clerk Carolynn Faraci reported the last event in the park will be this month and then the restrooms will be winterized. She continues to book into 2018 and 2019. The Girl Scout Daisies will also be planting daffodils in the park this week.
Mrs. Faraci also discussed the tax cap rate for 2018 being at 1.84% but it is unknown at this time whether the budget will be over the tax cap or not as several items required for the budget have not yet been settled.
Supervisor Hynes stated operators are looking for a leak in the Grand Gorge Water District. It was previously thought to be by the PRV building but no leak was found there. Another company is expected to try a different procedure to try to identify where the leak is.
Supervisor Hynes stated he will again contact Action Doors to make repairs on the overhead door at the Transfer Station. The sliding gate is also being worked on.
Attorney Young discussed the renewal agreements with LVDV Operations, Inc. for operation of the water and sewer facilities.
RESOLUTION#108 -LVDV OPERATIONS, INC. RENEWAL AGREEMENTS
On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, agreements with LVDV Operation, Inc. for the operation of the Denver Water, Grand Gorge Water and Roxbury Water systems and the Denver Sewer and Roxbury Sewer systems expires December, 31, 2017;
NOW, THEREFORE BE IT RESOLVED, the Town Board authorizes the Town Supervisor to offer and
execute documents at the following proposed rates for renewal of agreements with LVDV Operations,
Inc.:
BE IT FURTHER RESOLVED, renewal of the agreements is contingent upon LVDV Operations, Inc.
acceptance and execution of the agreements.”
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
Attorney Young discussed updating the road takeover specs that have been the same for several years. The changes would be based on a formula comparing the highway road budget to taxes generated. A copy of the draft local law was distributed to the Town Board for review.
RESOLUTION #109 -PUBLIC HEARING ROAD TAKEOVER LOCAL LAW
On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:
RESOLVED, a Public Hearing will be held before the Town Board, Town of Roxbury,at the Roxbury Town Hall on November 9, 2017 at 6:30 pm to hear all comments regarding a proposed Local Law entitled “Road Takeover Law of the Town of Roxbury” that would change the current requirements for the Town to takeover any proposed new approved roads that are built to accepted Town specifications and that have the required amount of Assessed Value to support them.
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
RESOLUTION #110 -PUBLIC HEARING TAX CAP
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, a public hearing will be held before the Town Board for the Town of Roxbury at the Roxbury Town Hall on the 9th day of November 2017, at 6:45 p.m., to hear all persons interested in the matter of the adoption of a proposed Local Law to Override the Tax Levy Limit for Fiscal Year 2018 established in General Municipal Law §3-c; and
BE IT FURTHER RESOLVED, this law is being proposed to comply with subdivision 5 of the General Municipal Law §3-c which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town Board.”
AYES-5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS-0
Attorney Young discussed a letter from NYS Dept. of Transportation (NYSDOT) regarding crosswalks on State roads. DOT would pay for the initial signs and painting but then the Town would have to maintain them in the future. There are four crosswalks in Grand Gorge and one in Roxbury. Supervisor expressed concerns with indemnity of DOT, however Attorney Young doesn’t think it would be an issue. Supervisor Hynes will contact DOT for more information on the project.
Joseph Resch of the Grand Gorge Business Alliance reported the Business Expo held September 30th at the Civic Center went well, although there was low public turnout, but they are already starting to advertise for next year.
Mr. Resch also stated he is now President of the Grand Gorge Community Action Group, due to the resignation of Richard Davis and thanked the Town Board for their service to the community.
A letter will be sent to NYS DOT requesting a survey be conducted on signage, etc. by Mountainside Creamery after having received concerns from the public regarding trucks ingress and egress from the facility.
Discussion took place on collecting batteries at the Transfer Station. The County requires the ends of the terminals to be taped because there is a possibility of them catching on fire. Because the Town Board felt this sort of thing would not be checked, and the liability involved, the Town Board’s decision was to not allow battery collection.
On motion of Allen Hinkley second by Carol Murray the Town Board approved the Town Clerk’s monthly report for September 2017 in the amount of $4,448.56 (Town Clerk $2,798.56 and Building Permits $1,650.00.
AYES-5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS-0
On motion of Allen Hinkley second by Edward Raeder the Town Board approved the Supervisor’s monthly report for August 2017.
AYES-5 Hinkley, Raeder, Hinkley, Murray, Hynes
NAYS-0
On motion of Edward Raeder second by Gene Cronk the Town Board approved the Assessor’s monthly report for September 2017.
AYES-5 Raeder, Cronk, Hinkley. Murray, Hynes
NAYS-0
On motion of Allen Hinkley second by Gene Cronk the Town Board approved the Building Inspector monthly report for September 2017.
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
On motion of Carol Murray second by Edward Raeder the Town Board approved the monthly Water Receipts Report for September 2017 in the following amounts: Denver $136.50; Grand Gorge $98.82 and Roxbury $40.25.
AYES-5 Murray, Raeder, Hinkley, Cronk, Hynes
NAYS-0
On motion of Allen Hinkley second by Gene Cronk the Town Board approved the Justice Court monthly report for August 2017 in the amount of $5,636.00.
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
Sealed bids for Fuel Oil were opened on October 6, 2017 at 2:00 pm at the Town Hall. A total of three bids were received and were as follows:
Discussion took place on the bids. Attorney Young stated that Bottini not having the certificate of non-collusion was not substantive to awarding the bid.
RESOLUTION #111 -AWARD FUEL OIL BID
On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board awards the Fuel Oil bid to Bottini Fuel at a fixed price of $1.879/gallon; and
BE IT FURTHER RESOLVED, deliveries shall begin November 1, 2017.”
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
The 2018 Tentative Budget was distributed to the Town Board on October 1, 2017.
RESOLUTION #112 -SCHEDULE PUBLIC HEARING 2018 PRELIMINARY BUDGET
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“RESOLVED, the Town Board will hold a Public Hearing on November 9, 2017 at 7:00 pm to hear all persons interested regarding the 2018 Preliminary Budget and any line item thereof.”
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
No action was taken on filling the vacancy on the Historic Preservation Commission.
Tire Day at the Roxbury Highway garage will be held October 14, 2017 8:00 am – 4:00 pm. Certain restrictions apply for drop off.
A reminder was given the Budget Workshop will be held October 16, 2017 at 7:00 pm at the Town Hall.
The Clean Sweep Program for hazardous materials drop off at the County landfill will be held this year October 20th for businesses and farms and October 21st for residences. Registration is required by October 15th.
RESOLUTION #113-EXECUTIVE SESSION
“Allen Hinkley moved and Carol Murray seconded that the Town Board and Town Attorney to go into Executive Session at 8:58 pm to discuss a personnel matter involving renewal of the Roxbury Highway Workers Association agreement that expires December 31, 2017.”
Present in Executive Session were: Supervisor Hynes, Councilmen Hinkley, Murray, Raeder and Cronk and Attorney Young.
AYES-5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS-0
RESOLUTION #114-RETURN TO REGULAR MEETING
“Gene Cronk moved and Carol Murray seconded the Town Board exited Executive Session and returned to the regular meeting at 9:16 pm.”
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
It was stated there were no decisions made as a result of Executive Session.
On motion of Allen Hinkley second by Gene Cronk the bills were audited and ordered paid in the following amounts:
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
On motion of Carol Murray second by Edward Raeder the meeting adjourned at 9:19 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
******************************************
October 16, 2017
A Special Meeting of the Town Board was held October 16, 2017 at 7:00 pm at the Town Hall to conduct a workshop on the 2018 Tentative Budget and to discuss any other business that may come before the Town Board. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Highway Supt. Neil German and Budget Officer Carolynn Faraci.
The Tentative Budget was gone over and discussed. Concerns were raised regarding Denver Sewer District funds being over budget. Various line item changes were made to General Fund, Highway Fund, Denver Sewer and Roxbury Sewer to be incorporated into the Preliminary Budget.
Discussion took place on the tax cap which is at 1.84% for 2018 and the current budget is approximately $339,000 under the allowable limit per the tax cap.
Supervisor Hynes stated the County budget is expected to increase 3% for 2018 but County officials are still working on it.
Discussion took place on the retirement reporting days that are needed for the new Building Inspector and revised days for the Highway Supt and Town Clerk per a retirement spot audit.
RESOLUTION #115-STANDARD WORK DAY AND REPORTING RESOLUTION FOR ELECTED AND APPOINTED OFFICIALS
On motion of Edward Raeder second by Gene Cronk the following resolution was offered and adopted:
“BE IT RESOLVED, that the Town of Roxbury 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 Raeder, Cronk, Hinkley, Murray, Hynes
NAYS-0
RESOLUTION #116-REVISED STANDARD WORK DAY AND REPORTING RESOLUTION FOR ELECTED AND APPOINTED OFFICIALS
On motion of Edward Raeder second by Gene Cronk the following resolution was offered and adopted:
“BE IT RESOLVED, that the Town of Roxbury 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 Raeder, Cronk, Hinkley, Murray, Hynes
NAYS-0
Councilman Hinkley reported the Personnel Committee has not heard anything back from Corbin Bouton regarding the Highway Contract.
Supv. Hynes invited the Town Board to attend the Stratton Falls house tomorrow at 3:00 as the Attorney General will be present to announce a grant award for the project.
On motion of Carol Murray second by Allen Hinkley the meeting adjourned at 7:45 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
***********************************
October 19, 2017
A Special Meeting of the Town Board was to be held October 19, 2017 at 2:00 pm at the Town Hall to award the Denver Water Access Road Repair bid and to discuss any other business that may come before the Town Board. Present were: Supervisor Thomas S. Hynes, Councilman Gene Cronk and Deputy Town Clerk Carolynn Faraci. Absent: Councilmen Edward Raeder, Allen Hinkley and Carol Murray and Town Clerk Diane Pickett.
Due to not having a quorum of Town Board members present the meeting could not be held and no decisions were made.
The sealed bids for Denver Water Access Road Repairs were opened as scheduled at 2:00 pm. A total of seven bids were received. Award of the bid will be held for the November 9th regular meeting of the Town Board.
THIS IS A TRUE COPY
_________________________________
Carolynn J. Faraci, Dpty. Town Clerk
ROXBURY TOWN BOARD Regular Meeting October 9, 2017 Town Hall
ROXBURY TOWN BOARD
Regular Meeting
October 9, 2017
Town Hall
Call To Order 7:30 pm Regular Meeting
Minutes September 11th Meeting
Requests to Speak:
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 September 2017
Resolution-Supervisor’s monthly report for August 2017
Resolution-Assessor’s monthly report for September 2017
Resolution-Building Inspector monthly report for September 2017
Resolution-monthly water receipts report for September 2017
Resolution-Justice Court monthly report for August 2017
Resolution- Fuel Oil Bid
Resolution- Civic Center Roof bid
Resolution-Schedule Public Hearing Local Law revised road takeover specs
Resolution-Schedule Public Hearing 2018 Preliminary Budget Nov 9th @ 7:00 pm
Resolution-fill vacancy on RHPC with term thru 12/31/19
Reminder-2018 Tentative Budget Workshop October 16th @ 7:00 pm
Tire Day @ Highway Garage October 14th 8 am – 4 pm
Clean Sweep program must register October 1-15th
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 - September 11, 2017
UNAPPROVED MINUTES
September 11, 2017
A Public Hearing and regular meeting of the Town Board were held September 11, 2017 beginning at 6:45 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Highway Supt. Neil German, Parks Clerk Carolynn Faraci, Assessor Clerk Stephanie Seminara and 4 residents. Absent: Attorney Kevin Young.
The Public Hearing was called to order at 6:45 pm with the notice being read. The Hearing was called to hear all comments on submitting a Community Development Block Grant (CDBG) to NYS Homes and Community Renewal for $400,000 in financial assistance for housing rehab for low-moderate income residents. Margaret Ellsworth of the M-ARK Project, Inc. was present to discuss the program adding the M-ARK Project would also be administering the project for the Town if CDBG funding is approved. All Board members were in favor of the application. With no other comments being heard for or against the application, the hearing closed at 6:50 pm.
The regular meeting was called to order at 7:00 pm as approved by the Town Board by resolution at the August 14, 2017 meeting.
One more resident arrived.
The Minutes of the August 14, 2017 meeting were approved on motion of Gene Cronk second by Allen Hinkley.
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
Everett Farrell of the Delaware County Planning Board and Ben Gales of Delaware County Soil & Water Conservation showed a power point presentation for a no cost flood mitigation program. The program was discussed as well as the process and funding. The Board was in favor of the program that would identify and address stream issues that have caused problems with flooding, one specifically being Vega Mountain Stream. A Commission would be established, most likely the Town Board, to determine what projects could be looked into under the program.
One more resident arrived.
Maureen Sauveur expressed safety concerns at Mountainside Creamery with trucks entering and exiting the facility, requested better signage and requested speed reduction signs in that area. Supv. Hynes will contact NYS DOT on the matter.
Highway Supt. Neil German reported crews will be finishing stone & oil roads this week, the new employee starts work tomorrow, crews continue mowing, installing culverts and getting ready for winter, the new roller has arrived and stated they have stoned and oiled approximately 15 miles of road this year.
FEMA reimbursement paperwork has been completed for the March 2017 snowstorm. The Town is submitting for $50,000.
Councilman Hinkley reported steel near the C&D box at the Transfer Station is sticking out again. The Highway Supt. said he will have it re-welded. Supv. Hynes added the overhead door to be repaired will be done as soon as the company gets a lift to work on it.
Carolynn Faraci of the Parks Dept. had no news to report.
Assessor Clerk, Stephanie Seminara reported concerns with assessor program (RVS & Citrix) having been compromised and has been alerted by County Real Property Tax Services not to make any information changes in the system until their IT Dept. looks into the matter.
Supv. Hynes stated a possible leak has been detected by the Pressure Reducing Valve (PRV) building in Grand Gorge. Samples will be taken to be tested for chlorine and further sound testing will be completed this week with assistance from Rural Water.
Supv. Hynes reported the roof is still leaking at the Civic Center even though the drains have been cleaned out.
Joseph Resch of the Grand Gorge Business Association stated they will be holding a Business Expo at the Grand Gorge Civic Center on Sept. 30th 10am – 5 pm. Several local businesses are expected to attend and the Town Board was also asked to have a table and/or attend as well.
Richard Davis of the Grand Gorge Community Action group stated preparations for the annual Halloween Party at the Civic Center is expected to be discussed this week.
Discussion took place on the water bill of Agnes Thomas. She had a negative reading 7/1/17 which was the result of the meter being installed backwards by the operators. The Board authorized the Water Clerk to credit her account $23.10, the difference between usages if the meter had been recording correctly.
Supv. Hynes stated he and Lamont Eng. met with Roxbury Run Village Association regarding the Denver Water Project and they are okay with all the work being done.
Discussion took place on the request to abandon Cronk Rd. Attorney Allyssa Moody of Attorney Young’s office has researched the matter and advises the Town Board not to grant the request because it does not come under Abandonment by Dis-Use or Qualified Abandonment criteria.
Discussion took place on the program offered earlier in the meeting by Soil & Water Conservation for flood mitigation.
RESOLUTION #94-TOWN BOARD TO ACT AS COMMISSION FOR FLOOD MITIGATION PROGRAM
On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury desires to participate in the Flood Mitigation Program offered by Delaware County Soil & Water Conservation DCS&WC; and
WHEREAS, the program will help assist in getting funding to alleviate flooding in area identified by the Town; and
WHEREAS, said program will be at no cost to the Town of Roxbury; and
WHEREAS, the program requires a Commission be set up to identify the projects to be considered for the program;
NOW, THEREFORE BE IT RESOLVED, the Town Board agrees to participate in the Flood Mitigation Program through Delaware County Soil & Water Conservation; and
BE IT FURTHER RESOLVED the Town Board will act as the Commission to work with DCS&WC to identify projects for the program.”
AYES-5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS-0
No action was taken on the water leak near the Stock residence.
On motion of Carol Murray second by Gene Cronk the Town Board approved the Town Clerk’s monthly report for August 2017 in the amount of $2,200.12 (Town Clerk $855.12 and Building Permits $1,345.00)
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 July 2017.
AYES-5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS-0
On motion of Allen Hinkley second by Carol Murray the Town Board approved the Assessor’s monthly report for August 2017.
AYES-5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS-0
On motion of Gene Cronk second by Edward Raeder the Town Board approved the Building Inspector’s monthly report for August 2017.
AYES-5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS-0
On motion of Carol Murray second by Edward Raeder the Town Board approved the Monthly Water Receipts report for August 2017 in the following amounts: Denver $1,062.16; Grand Gorge $602.31 and Roxbury $1,320.58.
AYES-5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS-0
On motion of Edward Raeder second by Allen Hinkley the Town Board approved the Justice Court monthly report for July 2017 in the amount of $8,707.00.
AYES-5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS-0
RESOLUTION #95-RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ROXBURY
AUTHORIZING THE TOWN SUPERVISOR TO EXECUTE FINANCING DOCUMENTS FOR THE FINANCING OF DENVER WATER UPGRADES
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”) 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 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 has obtained short-term financing through the New York State Drinking Water State Revolving Fund (“DWSRF”); and
WHEREAS, the Environmental Facilities Corporation has prepared the financing documents and provided them to the Town Board; and
NOW, THEREFORE BE IT RESOLVED THAT:
1. The Town Board hereby approves for execution the following financing documents:
· One (1) execution form of the $1,000,000.00 E.F.C. Drinking Water Facility Note -2017 A (Registered No. RST-1) (the “Note);
· Two (2) execution copies of the Project Finance Agreement, dated as of September 21, 2017 (the “PFA”);
· Two (2) execution copies of the Certificate of Determination, consistent with the form “Form of Certificate of Determination” which is Exhibit J to the PFA;
· Two (2) execution copies of the Supplemental Certificate of Determination, consistent with the “Form of Supplemental Certificate of Determination” which is Exhibit L to the PFA;
· One (1) execution copy of a Certification For Contracts, Grants, Loans and Cooperative Agreements, 40 CFR 34, to be executed by the Recipient; and
· One (1) execution copy of a Certification For Contracts, Grants, Loans and Cooperative Agreements, 40 CFR 34, to be executed by each contractor and subcontractor with a contract in excess of $100,000 related to the project, which is Exhibit M to the PFA.
2. The Town Supervisor is hereby authorized to execute the above listed documents to facilitate the financing of 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
RESOLUTION #96-ADVERTISE BIDS FOR FUEL OIL
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“RESOLVED, the Town Board, Town of Roxbury, will receive sealed bids for No. 2 Fuel Oil that
must be received at the Town Clerk’s Office no later than 2:00 pm on October 6, 2017 at which time they shall be opened and any bid will be awarded at the Regular Monthly Meeting of the Town Board to be held October 9, 2017 at 7:30 pm at the Town Hall.”
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
RESOLUTION #97-CDBG (HUD) GRANT APPLICATION
On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town of Roxbury Town Board authorizes an application to NYS Homes and Community Renewal for a Community Development Block Grant for owner occupied home repair not to exceed $400,000 and authorizes the MARK Project as a sub-recipient to administer the program.”
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
Discussion took place on the renewal rates for health insurance with Excellus BlueCross BlueSheild. The new rates for the renewed policy would increase 7.88%.
RESOLUTION #98-RENEW BCBS HEALTH INSURANCE PLAN
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“RESOLVED, the Town Board approves health insurance renewal with Excellus BlueCross Blue Sheild at the following rates/month: Single $820.02, 2 person $1,640.04 and Family $2,337.06 to be effective December 1, 2017.”
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
Discussion took place on changes requested for the Kirkside Park Pavillion Rental Agreement. Some changes include adding a clean-up fee, noise must not go past 11:00 pm and other legal verbiage.
On motion of Allen Hinkley second by Gene Cronk the Town Board approved changes to Kirkside Park Pavillion Rental agreement effective immediately.
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
An email was received from Nicole Haroldson stating she is resigning from the Roxbury Historic Preservation Commission effective immediately.
On motion of Gene Cronk second by Carol Murray the Town Board accepted the resignation of Nicole Haroldson effective immediately.
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
No action was taken to fill the vacancy on the Historic Preservation Commission.
No action was taken regarding the Munsell’s water bills.
Building Inspector Tomi Tompkins is on vacation this week so Delaware County Code Enforcement Officer Dale Downin is on call for emergencies.
RESOLUTION #99 – JUSTICE COURT AUDIT
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board, Town of Roxbury acknowledges that pursuant Section 2019-a of the Uniform Justice Court Act the records of the Town Justice Court for the year 2016 have been examined by the firm of Mostert, Manzanero & Scott, LLP; and
BE IT FURTHER RESOLVED, that said examination report shall be filed with the State of New York Unified Court System.”
AYES-5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS-0
RESOLUTION #100-CRONK ROAD ABANDONMENT REQUEST
On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, upon research and recommendation of the Town Attorney, the Town Board will not be taking further action to abandon Cronk Road because it does not come under the criteria required for either Abandonment by Dis-Use or Qualified Abandonment.”
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
RESOLUTION #101-ADVERTISE BIDS FOR GRAND GORGE CIVIC CENTER ROOF
On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board will advertise and seek sealed bids for the Grand Gorge Civic Center membrane roof replacement to be opened October 6, 2017 at 2:15 pm at the Town Hall with any award to be made at the regular meeting of the Town Board on October 9, 2017 at 7:30 pm.”
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
Discussion took place on NYS Retirement’s recent check on retirement reporting days being used for salaried elected/appointed officials. Their calculations require a revised report for the two justices and Councilman Hinkley’s times resulting in an increase or decrease of .02-.04 days/month to times that were previously reported.
RESOLUTION #102-REVISED STANDARD WORK DAY & REPORTING RESOLUTION FOR ELECTED AND APPOINTED OFFICIALS
On motion of Edward Raeder second by Gene Cronk the following resolution was offered and adopted:
“BE IT RESOLVED, that the Town of Roxbury 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-4 Raeder, Cronk, Murray, Hynes
NAYS-0
ABSTAIN-1 Hinkley
RESOLUTION #103-APPROVE LAMONT ENGINEER CONTRACT FOR CIVIC CENTER ROOF
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and approved:
“RESOLVED, the Town Board approves the terms of the Agreement with Lamont Engineers, PC for engineering services related to membrane roof replacement on the Grand Gorge Civic Center; and
BE IT FURTHER RESOLVED, the Town Board authorizes the Town Supervisor to execute the Agreement.”
AYES-5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS-0
The 2018 Tentative Budget will be sent to the Town Board after October 1, 2017 for their review.
RESOLUTION #104-SCHEDULE BUDGET WORKSHOP
On motion of Gene Cronk second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board schedules a workshop to be held October 16, 2017 at 7:00 pm at the Town Hall to discuss the 2017 Tentative Budget in preparation for the Preliminary Budget.”
AYES-5 Cronk, Murray, Raeder, Hinkley, Hynes
NAYS-0
Draft revised road takeover specs were distributed to the Town Board and will be discussed at the regular October Town Board meeting when Attorney Young is in attendance.
Denver Water Project Drawdown #1 has been submitted to NYSEFC.
Supervisor Hynes reported the Hinkley purchase for the Grand Gorge/Roxbury Water Project is still being worked on.
A letter was received from Phil Hulbert suggesting the Town Board consider having a bucket available at the Transfer Station for depositing used household batteries to be taken to the County Solid Waste Management Facility. The Town Board thought it to be a good idea.
On motion of Gene Cronk second by Allen Hinkley the bills were audited and ordered paid in the following amounts:
AYES-5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS-0
Councilman Hinkley stated there has been no agreement on a new highway contract yet. It is still under negotiations as the Personnel Committee is waiting to hear back from the Highway Dept.
On motion of Allen Hinkley 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
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