ROXBURY TOWN BOARD Year End Meeting December 27, 2018 Town Hall
ROXBURY TOWN BOARD
Year End Meeting
December 27, 2018
Town Hall
Call To Order 4:00 PM
Requests to Speak:
Old Business
New Business
Letters to the Board:
Discussion from residents
Audits
ISSUES FOR DISCUSSION
Resolution-accept Joseph Farleigh resignation from Planning Board (September 2018)
Resolution-fill Planning Board vacancy thru 12/31/19
Resolution-approve year end budget transfers and amendments as needed
Resolution-Supervisor’s monthly report for November 2018
Resolution-approve Justice Court monthly report for November 2018
Resolution-Shepard Hills Events, LLC liquor license application for Chappie’s @ 53535 State Hwy 30, Roxbury (30 day hold waiver?)
Vacancy on Catskill Rail Committee
Kipiniak water update (RRV #9-3)
Community Kitchen contractor progress report – Completed Items
IMPORTANT REMINDERS:
1/2/19 Organizational Meeting @ 7:30
(This is the only meeting for January unless another Special Meeting is called for some other purpose)
UNAPPROVED MINUTES December 10, 2018
Please Click Here for the UNAPPROVED MINUTES December 10, 2018
Please note, the November minutes were approved at the December meeting.
ROXBURY TOWN BOARD Regular Meeting December 10, 2018 Town Hall
ROXBURY TOWN BOARD
Regular Meeting
December 10, 2018
Town Hall
Call To Order 7:30 pm Regular Meeting
Minutes November Meeting
Requests to Speak: Mike Harrington-Water Project Update
Delaware County-Hazard Mitigation Projects
Department Reports: Water / Sewer
Planning Board
Building & Grounds
Highway
Assessor
Building Inspector
Community Resources
Old Business
New Business
Letters to the Board: Monica Kipiniak-Denver Water bill
Discussion from Residents
Audits
ISSUES FOR ADOPTION / DISCUSSION
Resolution-Town Clerk monthly report for November2018
Resolution-Supervisor’s monthly report for October 2018
Resolution-Assessor’s monthly report for November 2018
Resolution-Building Inspector monthly report for November 2018
Resolution-monthly water report for November 2018
Resolution-Justice Court monthly report for October 2018
Resolution- All Hazard Mitigation Plan
Resolution-schedule Year End Meeting Thursday Dec. 27th @ 4:00 pm
Resolution-schedule 2019 Organizational Meeting Wednesday Jan. 2nd
Resolution-camera proposal Kirkside Park
Revised FEMA Costs August 2018 flooding
Status of Brook Rd. & Howard Greene Rd. wedding venues after Building Inspector & Attorney review
Additional cameras at Kirkside Park
Old open Building Permits for 2019
APPROVED MINUTES ROXBURY HISTORIC PRESERVATION COMMISSION
APPROVED MINUTES
ROXBURY HISTORIC PRESERVATION COMMISSION
A special meeting of the Roxbury Historic Preservation Commission was held August 30, 2018 at 10:01 a.m. at the Roxbury Town Hall. Present Michael Mathis – Chairman Commission Members, Lewis Wendell, and Doug McLaurine. Also present was George Boyle.
On motion of Michael Mathis second by Lewis Wendell the Roxbury Historic Preservation Commission approved the minutes of the June 9, 2018 special meeting.
AYES-3 Mathis, Wendell, McLaurine
NAYS-0
On motion of Michael Mathis second by Lewis Wendell the applications submitted by George Boyle was approved after discussion.
AYES-3 Mathis, Wendell, McLaurine
NAYES-0
On motion of Michael Mathis second by Lewis Wendell the application submitted by Sidney Wallace was approved after discussion.
AYES-3 Mathis, Wendell, McLaurine
NAYES-0
On motion of Michael Mathis second by Lewis Wendell the application submitted by Matthew Walker was approved as submitted. Building permits now contains drawing of garage.
AYES-3 Mathis, Wendell, McLaurine
NAYS-0
Commission Members move to invite Christine O’Shaunessey to join the Roxbury Historic Preservation Commission
On motion of Michael Mathis second by Lewis Wendell meeting adjourned at 10:25
UNAPPROVED MINUTES November 8, 2018
Please note the October minutes were approved at that meeting.
Please Click Here for the UNAPPROVED MINUTES November 8, 2018
Unapproved October 8 Regular Meeting and October 17 Special Meeting minutes
Please note the September minutes were approved at the October meeting.
Please Click Here for the Unapproved October 8 Regular Meeting and October 17 Special Meeting minutes
UNAPPROVED MINUTES September 10, 2018
NOTE-the August minutes were approved at that meeting.
UNAPPROVED MINUTES
September 10, 2018
The regular monthly meeting of the Town Board was held September 10, 2018 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Edward Raeder, Allen Hinkley and Kenneth Davie, Highway Supt. Neil German, Parks Clerk Carolynn Faraci, Attorney Kevin Young and 6 residents. Absent: Councilwoman Carol Murray (on vacation).
On motion of Edward Raeder second by Allen Hinkley the Minutes of the August 2018 meeting were approved.
AYES-4 Raeder, Hinkley, Davie, Hynes
NAYS-0
ABSENT-1 Murray
Glenn Schweizer of Brook Rd. submitted a letter to the Town Board and spoke about his concerns of much more traffic on their narrow, one lane private road due to a wedding venue above them. Noise, septic concerns, trespassing on their property and vandalism were added concerns and he requested the Town Board ban wedding venues based on these conditions. Attorney Young recommends the Town not get involved in private road matters, recommended the owners have their attorneys look into their deeds regarding any easements and offered to research the building codes with the building inspector to make sure the venue is in compliance with the codes. Amending the gathering law was also discussed, however, it would have to apply to all gatherings in the Town.
Highway Supt. Neil German reported the following items:
*Paving is done, crews are getting ready for winter, cleaning ditches and cutting brush.
*The Becker Ave. one way street issue was discussed. The County has been involved and it appears speed bumps may be installed to control speed on the road.
*There are highway personnel issues he would like addressed that would require changes to the Employee Handbook. Attorney Young will meet with the Personnel Committee to discuss the matter.
Margaret Ellsworth reported the following items:
*She discussed an invoice from Dadras Architect for additional work they did regarding the kitchen contract that went over the contract amount, and recommended payment of same because the additional costs were due to additional drawings needed. The total cost is still considerably under the other bids received. The Town Board decided to withhold payment of the bill until the M-ARK Project receives paperwork from the architect that is needed to request grant reimbursement for their last invoice in December.
*The ERPF Center has free slate sidewalk pieces. The Town will look into it for possible use in the park.
*Labor Day events in the park were a great success and well attended.
Supervisor Hynes will contact Western Catskills revitalization regarding the unused CDBG funds it is holding for the Town.
Parks Clerk/Bookkeeper Carolynn Faraci reported the following items:
*The Historic Preservation Commission requests the appointment of Christine O’Shaughnessy to fill the vacancy on the Historic Commission
*The summer youth work program is done for this year. 3 kids worked under the Youth Program and 3 kids worked under the CDO Workforce program at both the Park and Roxbury Arts Group.
*Reservation of fireworks for next year’s Labor Day event in the park will be made for Sunday
*2019 rentals of the pavilion are at 16 days to date
*Mrs. Faraci’s personal truck used for taking care of the flower boxes has been taken off the road so other provisions will have to be made for next year.
*The Comptroller has sent out a Special District survey. They had the Roxbury Sewer and Hubbell Corner Sewer Districts as separate Districts but a correction will be made to show they are both Roxbury Sewer District.
Karen Hinkley of Grand Gorge questioned why the flood study maps done on Grand Gorge were not accepted by the Board to change the FEMA Flood maps which now show her property in the flood zone. It was stated the study identified more properties that had never had water issues. Attorney Young discussed the FEMA map adoption process and stated the study was done to have a report/data on file for residents to use if they wanted to submit an application to FEMA for a map amendment on their own property and recommended they should have an engineer work with them on the application. Attorney Young added that CWC will also be doing a Hazard Mitigation Study in all hamlets if requested.
Michael Harrington of Lamont Engineers, PC submitted a written report and discussed the following on the Water Projects:
DENVER WATER
*Received a verbal amended proposal from ACS on the utility mapping and requested approving it. Roxbury Run Village is okay with having the work done. Since the engineer has not received anything in writing, the Town Board will wait on approval until they can review the proposal.
*Well #1 isolation valve has been repaired but the bacteriological sample failed so another sample must be taken. Well #6 work will begin when there are better ground conditions.
*Design work on Phase 2 controls should be ready for Dept. of Health submission in October.
*Paperwork continues to be received from EFC on Project Financing.
*An amended Engineer’s contract was distributed to the Town Board and requested it be approved to cover the current services being conducted by them. Once approved, the engineer will submit that and the MWBE plan to EFC for future reimbursement payments.
ROXBURY/GRAND GORGE
*The Engineer has reviewed the 2 bids received for the test production well construction and recommends award to Layne as low bidder.
*GeoLogic needs to authorize the monitoring wells and they report limited responses to the residential well surveys
*Wetland delineation work is complete and have been identified only right along the river so site plans should not be impacted
*They are waiting to receive the Wellfield Property Survey that will be needed for the subdivision plan.
*Limited success has been achieved in cleaning the spring cartridge filters rendering them disposable and will also require continuous turbidity monitoring.
*It is felt the filter system is operating adequately to collect samples for the Dept. of Health in hopes of
putting the springs back into use.
*The engineering and hydrogeologist contracts need amendment to cover services being conducted and reimbursement for same.
*The engineer and attorney will review the WQIP grant contract for signature.
Sealed bids for the Roxbury/Grand Gorge Water Project production well construction were opened on September 6, 2018 at 3:00 pm at the Town Hall. A total of two bids were received and were as follows:
RESOLUTION #75 -RESOLUTION AUTHORIZING THE TOWN BOARD OF THE TOWN OF ROXBURY AWARDING BID CONTRACT NO. 1 – PRODUCTION WELL CONSTRUCTION TO LAYNE CHRISTENSEN COMPANY
On motion of Allen Hinkley second by Kenneth Davie the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (the “Town Board”) determined the necessity of Roxbury and Grand Gorge Waster District Contract No. 1 –Production Well Construction; and
WHEREAS, on behalf of Roxbury and Grand Gorge Waster Districts the Town of Roxbury solicited competitive bids for the installation of the production well;
WHEREAS, two bids were received and Layne Christensen Company was the lowest bidder; and
WHEREAS, Lamont Engineers conducted due diligence to determine whether Layne Christensen Company’s bid was complete and whether Layne Christensen Company was responsible and qualified; and
WHEREAS, Lamont Engineers reported that Layne Christensen Company’s bid was complete and that Layne Christensen Company was responsible and qualified.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF ROXBURY, DELAWARE COUNTY, NEW YORK:
1. The Town Board awards Contract No. 1 – Production Well Construction to Layne Christensen Company; and
2. The Town Supervisor is hereby authorized to execute the documents necessary to facilitate the award of the contract.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Hinkley, Davie, Raeder, Hynes
NAYS-0
ABSENT-1 Murray
Harrington discussed the Delaware River Basin Commission (DRBC) application for review that is a necessary part of the Roxbury/GG Water Project.
Discussion took place on amending the GeoLogic agreement for work.
RESOLUTION #76- RESOLUTION OF THE TOWN BOARD FOR THE TOWN OF ROXBURY APPROVING GEOLOGIC NY, P.C. AMENDMENT NO. 2 TO THE GRAND GORGE-ROXBURY – WATER SYSTEM UPGRADE CONTRACT
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (“Town Board”) determined the need for hydrogeologic consulting services associated with the development of a new potable water supply well (PW – 3) for the Roxbury Water District and the Grand Gorge Water District; and
WHEREAS, the Town Board of the Town of Roxbury (“Town”) retained Geologic NY, P.C. to review, evaluate and summarize data to determine if the proposed site is suitable for further evaluation as a potential location for well PW-3; and
WHEREAS, the Town Board, the Lamont Engineers and the Town Attorney reviewed the Proposal entitled “New Potable Water Supply Well (Roxbury Water District and Grand Gorge Water District)” prepared by GeoLogic, NY, PC. dated June 8, 2017 (“Proposal”); and
WHEREAS, by Resolution dated June 12, 2017, the Town entered into an Agreement based upon the Proposal with Geologic NY PC. dated June 19, 2017 (“Agreement”);
WHEREAS, by Resolution dated November 9, 2017, the Town and Geologic NY PC executed an Amendment to the Agreement; and
WHEREAS, by letter dated September 10, 2018, GeoLogic NY, P.C. proposed an amendment to the contract to include the following additional services: installation of additional monitoring wells ($23,927); management and administration of installation of PW – 3 ($43,770) and to include tasks that were not part of the original contract that had been completed as of September, 2018 ($15,979.32). In addition, GeoLogic NY, P.C. sought to modify the schedule of rates to include its 2018 Schedule of Rates;
WHEREAS, the Town Board has reviewed GeoLogic NY, P.C.’s Amendment 2, evaluated and confirmed the necessity for the additional hydrogeologic services, compared the two rate schedules; evaluated alternatives including soliciting new hydrogeologic proposals; and confirmed that based upon GeoLogic NY, P.C.’s history and experience with this well field and existing water supply wells and the past success of a very similar project at this well field that it was in the overall best interest of the two water districts to approve of Amendment 2; and
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF ROXBURY, DELAWARE COUNTY, NEW YORK:
The Town Board hereby authorizes Amendment No. 2 as stated in GeoLogic NY, P.C.’s letter dated September 10, 2018 for the New Potable Water Supply Well; and
The Town Board authorizes the Town Supervisor to execute Amendment No. 2 to Agreement.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Hinkley, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Murray
Discussion took place on amending the Engineering agreements for Denver, Grand Gorge and Roxbury Water Projects.
RESOLUTION #77- RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ROXBURY AUTHORIZING A CONTRACT AMENDMENT FOR THE DENVER WATER DISTRICT PROJECT AND AUTHORIZING THE TOWN SUPERVISOR TO EXECUTE CONTRACT AMENDMENT
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (the “Town Board”) determined the necessity of a project named Denver Water District Water System Improvements Project relating to improvement to the distribution/supply facilities of the Denver Water District (the “Denver Water District Project”); and
WHEREAS, by resolution dated April 10, 2017, the Town of Roxbury’s Denver Water District (“DWD”) and Lamont Engineers (“Lamont”) entered into a Final Design and Construction Phase Service Contract (the “Contract”) for the Denver Water District Project; and
WHEREAS, by resolution dated July 20, 2017, the DWD and Lamont executed Amendment No. 1 to the Contract; and
WHEREAS, Lamont Engineers by letter dated September 10, 2018 has requested an amendment (“Amendment No. 2”) to authorized funding in the additional amount of $75,000 for the next phase of engineering services which will include: final design and bidding phase services related to well field access road; final design and bidding phase services related to Phase 2 controls, and piping and valve replacement, and pump house building improvements; developing RFPs and Soliciting Proposals for Phase 2 Electrical Engineering, and Utility Location Services; and development of a MWBE utilization plan, construction administration and observation, and coordination of funding drawdowns. In addition, Lamont sought to modify Attachment A entitled schedule of rates to substitute the 2018 Schedule of Rates in lieu of the 2016 Schedule of Rates.
WHEREAS, the Town Board has reviewed Lamont Engineering’s Amendment 2, evaluated and confirmed the necessity for the additional engineering services, compared the two rate schedules, confirmed that Lamont would hold the 2018 Schedule of Rates for the remainder of the project; evaluated alternatives including soliciting new engineering proposals; and confirmed that based upon Lamont’s history and experience with the town’s water and sewer systems and the past success of similar projects that it was in the overall best interest of DWD to approve of Amendment 2.
NOW, THEREFORE BE IT RESOLVED THAT:
1. The Town Board hereby approves the Amendment 2 to the Contract to include the $75,000 increment and the 2018 Schedule of Rates.
2. The Town Supervisor is hereby authorized to execute Amendment 2.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Hinkley, Raeder, Davie, Hynes
NAYS-0
ABSENT -1 Murray
RESOLUTION #78-RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ROXBURY AUTHORIZING LAMONT ENGINEERS AMENDMENT 1 RELATED TO THE ROXBURY AND GRAND GORGE WATER SYSTEMS
On motion of Edward Raeder second by Kenneth Davie the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury Water District and the Grand Gorge Water District (the “Districts”) have entered into contracts for improvements to their water systems (the “Project”); and
WHEREAS, the Districts and Lamont Engineers (“Lamont”) entered into an initial contract a Betsy that meeting is that the 230 okay you got directions or whatever okay for engineering services related to the Project (the “Contract”);
WHEREAS, by a letter dated September 10, 2018, Lamont proposed an amendment to the contract for the continued design phase services to include: development of the bid documents for test production well, continued coordination with hydrologist throughout well field evaluation and the DRBC permitting process, continued coordination of springs filtration pilot testing, site planning and building design for a well field site and springs plumbing and treatment site, development of schematic control system design, development of an MWBE work plan, coordination of funding drawdowns, and coordination and administration of funding. In addition, Lamont sought to modify Attachment A entitled schedule of rates to substitute the 2018 Schedule of Rates in lieu of the 2017 Schedule of Rates; and
WHEREAS, the Town Board has reviewed Lamont Engineering’s Amendment 1, evaluated and confirmed the necessity for the additional engineering services, compared the two rate schedules, confirmed that Lamont would hold the 2018 Schedule of Rates for the remainder of the project; evaluated alternatives including soliciting new engineering proposals; and confirmed that based upon Lamont’s history and experience with the town’s water and sewer systems and the past success of similar projects that it was in the overall best interest of the two water districts to approve of Amendment 1.
NOW THEREFORE BE IT RESOLVED THAT
The Town Board of the Town of Roxbury authorizes the Town Supervisor to execute Amendment No. 1 to the Contract to further the Project development.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Raeder, Davie, Hinkley, Hynes
NAYS-0
ABSENT-1
A letter was received from Residents of Howard Greene Road expressing concerns with a wedding venue on that road. Concerns include noise (music & fireworks) late into the night, guests parking in neighbor’s driveways, long line up of vehicles parked alongside the road, further concerns with possible lawsuits if someone is injured wandering on a neighbor’s property in the dark. Attorney Young will research the building codes with the building inspector to make sure there are no violations.
On motion of Kenneth Davie second by Allen Hinkley the Town Board approved the Town Clerk’s monthly report for August 2018 in the amount of $2,704.25 (Town Clerk $849.25 and Building Permits $1,855.00)
AYES-4 Davie, Hinkley, Raeder, Hynes
NAYS-0
ABSENT-1 Murray
On motion of Allen Hinkley second by Edward Raeder the Town Board approved the Supervisor’s monthly report for July 2018.
AYES-4 Hinkley, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Murray
On motion of Kenneth Davie second by Edward Raeder the Town Board approved the Assessor’s monthly report for August 2018.
AYES-4 Davie, Raeder, Hinkley, Hynes
NAYS-0
ABSENT-1 Murray
On motion of Edward Raeder second by Allen Hinkley the Town Board approved the Building Inspector’s monthly report for August 2018.
AYES-4 Raeder, Hinkley, Davie, Hynes
NAYS-0
ABSENT-1 Murray
On motion of Kenneth Davie second by Allen Hinkley the Town Board approved the Water District monthly reports for August 2018 reflecting the following receipts: Denver $515.82, Grand Gorge $453.64 and Roxbury $1,337.01)
AYES-4 Davie, Hinkley, Raeder, Hynes
NAYS-0
ABSENT-1 Murray
On motion of Allen Hinkley second by Edward Raeder the Town Board approved the Justice Court monthly report for July 2018 in the amount of $5,563.00.
AYES-4 Hinkley, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Murray
RESOLUTION #79-ADVERTISE BIDS FOR HEATING FUEL
On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board authorizes the Town Clerk to advertise for sealed bids for Heating Fuel for the 2018/2019 heating season; and
BE IT FURTHER RESOLVED, the bids shall be opened October 5, 2018 at 2:00 pm at the Town Hall.”
AYES-4 Raeder, Hinkley, Davie, Hynes
NAYS-0
ABSENT-1 Murray
RESOLUTION #80-APPOINT O’SHAUGHNESSY TO HISTORIC COMMISSION
On motion of Kenneth Davie second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board appoints Christine O’Shaughnessy to fill the vacancy on the Historic Preservation Commission effective immediately and with said term to expire 12/31/19.”
AYES-4 Davie, Hinkley, Raeder, Hynes
NAYS-0
ABSENT-1 Murray
RESOLUTION #81-HIRE CRONK AS SCHOOL CROSSING GUARD
On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board appoints Sarah Cronk as School Crossing Guard effective immediately and through 12/31/18.”
AYES-4 Raeder, Hinkley, Davie, Hynes
NAYS-0
ABSENT-1 Murray
RESOLUTION #82-AMEND ABSTRACT AMOUNTS
On motion of Edward Raeder second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, the Town Board approves amendments to abstract amounts approved in prior month’s Minutes as follows:
AYES-4 Raeder, Davie, Hinkley, Hynes
NAYS-0
ABSENT-1 Murray
RESOLUTION #83-EXECUTE PARK KITCHEN CONTRACT WITH BEAVERDAM BUILDERS
On motion of Kenneth Davie second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, on June 11, 2018 the Town Board awarded the Park kitchen bid to Beaverdam Builders in the amount of $148,574; and
WHEREAS, on August 13, 2018 the Town Board revised the bid award to Beaverdam Builders to the amount of $150,059;
NOW, THEREFORE BE IT RESOLVED, the Town Board authorizes the Town Supervisor to execute the contract with Beaverdam Builders for construction of the Park kitchen in the amount of $150,059.”
AYES-4 Davie, Hinkley, Raeder, Hynes
NAYS-0
ABSENT-1 Murray
The Clean Sweep Program for hazardous materials will require homeowners and businesses/farms to register starting September 1st and drop off days will be October 20th for households and October 19th for businesses/farms.
A Tire Day will be scheduled for October 13th at the lot beside the Roxbury Highway Garage with the following restrictions for use: Town of Middletown or Roxbury residents only, Transfer Station Permit required, will take tires fitting up to 17 inch wheels, rims must be removed, limit 10 tires per household.
School tax bills have gone out late this year due to corrupted files given to County Real Property Tax Services from another Assessor thus causing the holdup. They were expected to be mailed around September 7th and will allow for a later payment date that will be reflected on the bill.
The 2018 County Salary & Benefit Survey was distributed to the Town Board.
No action was taken on additional cameras at Kirkside Park.
The current open building permit list was distributed to the Town Board.
Supervisor Hynes reported that an automatic door opener will be installed on the overhead door at the Transfer Station due to issues recently with opening the door fully.
RESOLUTION #84-SCHEDULE BUDGET WORKSHOP
On motion of Allen Hinkley second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, the Town of Roxbury Town Board will hold a Budget Workshop in preparation for the 2019 Tentative Budget on October 17, 2018 at 7:00 pm at the Town Hall; and
FURTHER RESOLVED, copies of the Tentative Budget will be available for the public after said workshop.”
AYES-4 Hinkley, Davie, Raeder, Hynes
NAYS-0
ABSENT-1 Murray
On motion of Allen Hinkley second by Kenneth Davie the bills were audited and ordered paid in the following amounts:
AYES-4 Hinkley, Davie, Raeder, Hynes
NAYS-0
ABSENT-1 Murray
On motion of Edward Raeder second by Kenneth Davie the meeting adjourned at 10:10 pm.
THIS IS A TRUE COPY
________________________________________
Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman (ABSENT)
Kenneth Davie, Councilman
August Unapproved Minutes
NOTE: The July minutes were approved at the August meeting
UNAPPROVED MINUTES
August 13, 2018
The regular meeting of the Roxbury Town Board and Public Hearing were held August 13, 2018 at 7:30 pm at the Grand Gorge Civic Center. Present were: Supervisor Thomas S. Hynes, Councilmen Edward Raeder, Carol Murray and Kenneth Davie, Parks Clerk Carolynn Faraci, Attorney Allyson Phillips and four residents. Absent: Councilman Allen Hinkley (illness) and Highway Supt. Neil German.
The Public hearing on proposed Local Law #1 of the year 2018 to amend the current building law was called to order at 7:15 pm. The notice calling for the hearing was read. Attorney Allyson Phillips explained the change whereby the Code Officer would give owners 30 days to rectify items stated in a Notice of Violation but would also work with owners if time extensions are needed. No comments were heard from residents in favor of or against the proposed law.
The Hearing closed at 7:21 pm.
The regular meeting was called to order at 7:30 pm. Assessor Clerk Stephanie Seminara and one more resident arrived.
The Minutes of the July 9, 2018 meeting were approved on motion of Edward Raeder second by Carol Murray.
AYES-4 Raeder, Murray, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley
Diane Munro introduced herself and submitted a letter to the Town Board requesting their nomination of her for the vacancy on the Olympic Regional Development Authority.
RESOLUTION #66-RESOLUTION NOMINATING DIANE MUNRO TO FILL THE OPEN SEAT DESIGNATED FOR DELAWARE COUNTY REPRESENTATION ON THE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY BOARD OF DIRECTORS
On motion of Kenneth Davie second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the position on the Board of Directors of the Olympic Regional Development Authority (ORDA) designated to be filled by a resident of Delaware County, NY as the representative of the entire County of Delaware and all its towns and residents is vacant; and
WHEREAS, Diane Munro was born and raised in Delaware County and is now a full-time resident of the Town of Roxbury; and
WHEREAS, Diane Munro has achieved advanced degrees in Education and Administration and has over 40 years of career and community service that includes leading, serving on, and answering to diverse Boards of Directors, including serving as the Vice-Chair of the Coalition for Belleayre and as a member of the Community Advisory Panel; and
WHEREAS, Diane Munro thoroughly meets all criteria to adequately and ably represent the economic and recreation interests of all residents in the Town of Roxbury and Delaware County;
BE IT RESOLVED the Town of Roxbury Town Board nominates Diane Munro for consideration by the Delaware County Board of Supervisors as the Delaware County representative to the Olympic Regional Development Authority Board of Directors; and
BE IT FURTHER RESOLVED that upon approval by the Board of Supervisors that the Chair of the County Board of Supervisors forward Diane Munro’s name to the Office of the Governor of New York in support of said appointment.”
AYES-4 Davie, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
Joseph Resch reported advertising for the Business Expo is out and he has been busy getting sponsors.
Parks Clerk/Bookkeeper Carolynn Faraci reported the following:
Per the CPA’s the Good Neighbor Fund monies can be turned over to the General fund but must be kept in a separate cash account still named Good Neighbor Fund
In 2019 the NYS 45 and NYS 45ATT will have to be completed with all info quarterly instead of yearly
A trip is planned to Lyndhurst mansion on September 13th as they had been here last year touring the park & historical sites
The north barn area for the new kitchen has been cleaned out by the summer youth workers and is ready for construction
A willow tree branch fell across the stream in the park and has been cleaned up by highway crews
Park bookings into 2019 continue
The Tax cap for the 2019 budget is at 2%
The Summer Festival has been scheduled for July 6, 2019
The CDO Summer Youth workers were taken on a trip to Hanford Mills and were able to speak with other Delaware County youth workers about projects
One of our youth workers was injured today and appropriate paperwork will be completed.
Margaret Ellsworth was absent due to illness but submitted a written report for the Town Board:
*She would like to have the kitchen bid award amounts revised after having spoken with the architect and Beaverdam Builders and submitted a sheet showing those amounts requested including historic doors
*Consolidated Funding grant applications have been submitted for the River Cottage and Kirkside Planning money
*An application will be submitted to the O’Connor Foundation in September for the Civic Center windows
Assessor Clerk Stephanie Seminara submitted a written report to the Town Board and reported the Assessor’s office has been looking into sales between 2015 and 2018 and they are up and they are still negotiating on an Article 78 property to be settled where Attorney Allyson Phillips will speak with the other attorney at her office working on the case for the Town. She also thanked and acknowledged Supervisor Hynes for being the only Supervisor at the County Board of Supervisor’s meeting to stand behind the resolution passed by them earlier this year requiring all Assessor’s to enter their information on the live system instead of by an outside source that could be corrupted whereby corrupting all other Town’s information. Currently, the County Board of Supervisor’s is not enforcing the resolution.
Michael Harrington of Lamont Engineers submitted a written report on water project status:
DENVER WATER
*Utility Location Trial Day was done on Aug. 1 to Cluster 1 and was reasonably successful
*A quote to locate utilities at the remaining Clusters seemed excessive so will be revised
*Blizzard Electric has completed final electrical connections to Wells #1 & #6
Titan attempted to work on Well #1but ran into problems with the isolation valve that will have to be replaced. Well #6 pump is seized up and will need to be replaced. It’s too wet to do it now.
*A site visit with the electrical consultant will take place tomorrow
*EFC will modify the Project Finance Agreement to include the $600,000 water grant
*Lamont contracts will have to be amended so they can continue services
ROXBURY/GG WATER
PW-3
*Received verbal approval from DOH on the test production well bid documents and requested advertising for bids
*GeoLogic will be submitting and Aquifer Testing Plan to DRBC soon and reports limited responses to the residential well surveys mailed to owners
*Field work on the Wellfield Property Survey and Wetland Delineation have been completed
SPRINGS
*The recent heavy rains have clogged the filter system so will run to waste during future events
*New pilot filters are back on line and flows have increased. Samples will be collected and tested per DOH so hopefully they can be approved for use
*Potential discharge of filter backwash has been discussed with DEC and may involve DEP
OTHER
*Monthly water use has decreased significantly recently in both Roxbury & Grand Gorge
*Pay Request #1 funds have been received
*Contract amendments are needed for both GeoLogic and Lamont Engineers for continued work
*Continue to work with DEC to get a contract for the WQIP funds
RESOLUTION #67-ROXBURY/GRAND GORGE WATER PROJECT TEST PRODUCTION WELL ADVERTISEMENT FOR BID
On motion of Kenneth Davie second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Roxbury and Grand Gorge Water Districts have been approved for funding to undergo water system improvements; and
WHEREAS, part of those improvements require the construction of a test production well;
NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Roxbury authorizes Lamont Engineers, PC to prepare bid documents and advertise for the construction of a test production well for the Roxbury/Grand Gorge Systems Improvement Project.”
AYES-4 Davie, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
No report was received from the Highway Supt.
Attorney Allyson Phillips discussed the proposed local law amending the building law. She also stated it would be a Type II Action under SEQRA and therefore exempt from review.
RESOLUTION #68- RESOLUTION TO AMEND LOCAL LAW NO. 1 OF 2007 PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NYS UNIFORM FIRE PREVENTION AND BUILDING CODE
On motion of Edward Raeder second by Kenneth Davie the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury, New York (the “Town”), has introduced a local law to amend Local Law No. 1 of 2007 providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Town;
WHEREAS, the proposed Local Law would amend provisions related to Compliance Orders to require a fixed thirty (30) day time-period to remedy violations described in the Compliance Order. Additional miscellaneous revisions are also proposed;
WHEREAS, the Town Board adopted a resolution on July 9, 2018 scheduling a public hearing on the Local Law for August 13, 2018;
WHEREAS, the public hearing was properly noticed in the Town’s official newspaper on July 18, 2018;
WHEREAS, the public hearing on the proposed Local Law was held on August 13, 2018 at the Grand Gorge Civic Center;
WHEREAS, the Town Board reviewed and considered all public comments received on the Local Law;
WHEREAS, the proposed Local Law was on file for inspection at the Town Clerk’s office prior to the hearing and during the public review process; and
WHEREAS, the adoption of the Local Law constitutes a Type II action that is exempt from review under the State Environmental Quality Review Act (ECL Article 8 and 6 NYCRR Part 617);
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF ROXBURY, DELAWARE COUNTY, NEW YORK: THAT THE Town Board of the Town of Roxbury hereby determines that Proposed Local Law No. 1 of 2018, attached hereto and made a part hereof, is hereby adopted as an amendment to Local Law No. 1 of 2007 Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code; and
IT IS FURTHER RESOLVED, that the Town Clerk and the Attorney for the Town are hereby directed to take such actions as are necessary to implement this resolution and effect adoption of the Local Law.”
AYES-4 Raeder, Davie, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
A letter was received from James Addy regarding high water usage charged the second quarter of 2018. The water operators took another reading after receiving Mr. Addy’s call and the meter appears to be working correctly. Thoughts are an undetected sticking toilet led to the water use. Supervisor Hynes stated he would be calling the homeowner. No other action was taken by the Town Board.
A letter was received from MarieVanValkenburgh opposing the proposed new County Highway building. No action was taken by the Town Board.
The Town Board offered thanks to Richard Davis for repairing the dugouts at the Civic Center ball field.
On motion of Carol Murray second by Edward Raeder the Town Board approved the Town Clerk’s monthly report for July 2018 in the amount of $2,120.56 (Town Clerk $565.56 and Building Permits $1,555.00)
AYES-4 Murray, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Edward Raeder second by Carol Murray the Town Board approved the Supervisor’s monthly report for June 2018.
AYES-4 Raeder, Murray, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Kenneth Davie second by Edward Raeder the Town Board approved the Assessor’s monthly report for July 2018.
AYES-4 Davie, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Carol Murray second by Kenneth Davie the Town Board approved the Building Inspector’s monthly report for July 2018.
AYES-4 Murray, Davie, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Kenneth Davie second by Carol Murray the Town Board approved the Water District Monthly reports for July 2018 with the following amounts receipted: Denver $3,068.10; Grand Gorge $3,735.15 and Roxbury $3,735.15)
AYES-4 Davie, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Carol Murray second by Edward Raeder the Town Board approved the Justice Court monthly report for June 2018 in the amount of $4,243.00.
AYES-4 Murray, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley
No action was taken on the vacancy on the Historic Preservation Commission.
RESOLUTION #69-RESOLUTION BY THE TOWN BOARD IN RELATION TO CONTROL OF SNOW ON COUNTY HIGHWAYS SECTION 135-A OF THE HIGHWAY LAW
On motion of Kenneth Davie second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, that in pursuance of Section 135-a of the Highway Law, the Town Board of the Town of Roxbury hereby approves a certain agreement executed by the Town Superintendent of Highways of the Town of Roxbury with the County Superintendent of Highways of Delaware County for the performance by the Town of Roxbury for the work of control of snow on the County Roads within the boundaries of the County, upon the terms, rules and regulations as are contained in copy of such agreement that is annexed hereto and made a part hereof.”
AYES-4 Davie, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
RESOLUTION #70-RESOLUTION BY THE TOWN BOARD IN RELATION TO CONTROL OF SNOW ON NEW YORK CITY ROADS
On motion of Edward Raeder second by Kenneth Davie the following resolution was offered and adopted:
RESOLVED, as authorized by agreement between New York City and the County of Delaware, and by Resolution No. 46 of 1991 of the Delaware County Board of Supervisors, the Town Board of the Town of Roxbury hereby approves a certain agreement executed by the Town Superintendent of Highways of Delaware County for the performance by the Town of Roxbury of the work of control of snow on the New York City Roads within the boundaries of the County, upon the terms, rules and regulations as are contained in copy of such agreement that is annexed hereto and made a part thereof.”
AYES-4 Raeder, Davie, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
No applications have been received for the position of School Crossing Guard. The Town Clerk was directed to re-advertise for the position.
RESOLUTION #71-GOOD NEIGHBOR FUNDS
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, per a letter from NYCDEP dated June 26, 2018, they have determined they will no longer administer any remaining Good Neighbor Funds held by the Town of Roxbury;
NOW, THEREFORE BE IT RESOLVED, per recommendation from the Town’s CPA, the Town Board authorizes the Bookkeeper to transfer Good Neighbor fund balances from Capital Projects-Good Neighbor Fund account to General Fund-Good Neighbor Fund account with use being the same criteria as required by NYCDEP.”
AYES-4 Murray, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley
No action was taken on the recaptured CDBG funds. The Town Board is waiting to hear from the M-ARK Project on any eligible projects.
Supervisor Hynes stated having met with Kevin Morse of Kaatirondack Benefit Planning regarding health insurance plans and rates for 2018/2019. Mr. Morse recommends staying with Excellus BlueCross BlueShield. A rate sheet showing different options was distributed to the Town Board for review.
RESOLUTION #72-RENEW HEALTH INSURANCE PLAN
On motion of Kenneth Davie second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board approves renewal of the Excellus BlueCross BlueShield Simply Blue Plus Platinum 2 health plan effective 12/1/18 at the following monthly rates: Single $895.02; Sub & Spouse $1,790.04 and Family $2,550.81.”
AYES-4 Davie, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
RESOLUTION #73-JUSTICE COURT AUDIT
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board, Town of Roxbury acknowledges that pursuant Section 2019-a of the Uniform Justice Court Act the records of the Town Justice Court for the year 2017 have been examined by the firm of Mostert, Manzanero & Scott, LLP; and
BE IT FURTHER RESOLVED, that said examination report shall be filed with the State of New York Unified Court System.”
AYES-4 Raeder, Murray, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley
RESOLUTION #74-REVISED AWARD FOR KIRKSIDE PARK KITCHEN BID
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, on June 11, 2018 the Town Board awarded the bid for the Kirkside Park Kitchen to Beaverdam Builders in the amount of $148,574; and
WHEREAS, said award was contingent upon further discussion between the architect and M-ARK Project, Inc.;
NO BE IT RESOLVED, the Town Board revises the bid amount awarded to Beaverdam Builders in the amount of $150,059 as follows:
AYES-4 Raeder, Murray, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley
Supervisor Hynes stated still working with Delaware County on the request for Becker Ave. to be a One Way Street.
No action was taken on additional cameras at Kirkside Park.
The open building permit list was distributed to the Town Board.
A reminder was given that 2019 salaries and department budget sheets are to be to the Budget Officer by September 7th.
On motion of Carol Murray second by Edward Raeder the bills were audited and ordered paid in the following amounts:
AYES-4 Murray, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley
The Town Clerk reported there was another dog attack on a dog this weekend where the attack dog did not have any rabies vaccination or dog license.
Joseph Resch was informed by the Court Clerk that the Court is requesting emergency lighting and a new toilet in the restroom.
On motion of Kenneth Davie second by Carol Murray the meeting adjourned at 8:48 pm.
____________________________________
Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Edward Raeder, Councilman
Allen Hinkley, Councilman (Absent)
Carol Murray, Councilwoman
Kenneth Davie, Councilman
UNAPPROVED MINUTES July 9, 2018
Please note the June Minutes were approved at the July meeting.
UNAPPROVED MINUTES
July 9, 2018
The regular meeting of the Town Board was held July 9, 2018 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Edward Raeder, Carol Murray and Kenneth Davie, Parks Clerk Carolynn Faraci, Building Inspector Tomi Tompkins, Attorney Allyson Phillips and five residents. Absent: Councilman Allen Hinkley (on vacation) and Highway Supt. Neil German.
On motion of Carol Murray second by Edward Raeder the Town Board approved the Minutes of the June 11, 2018 meeting.
AYES-4 Murray, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley
Attorney Allyson Phillips discussed the technical bulletin for changes to the building codes proposed to be more specific with a 30 day time period when an Order to Remedy is served on a homeowner. Building Inspector Tomi Tompkins stated all the other Towns he has also gives the 30 day period, and, as long as he sees progress being made on the situation, he works with the courts to grant extensions of time. Councilman Davie still feels 30 days is too short of a period for homeowners.
Councilman Davie also expressed concerns with the long process of getting applications approved through the Historic Preservation Commission (RHPC) having heard from a resident. Carolynn Faraci, who works with the RHPC, says that she is not in receipt of any open applications.
Margaret Ellsworth gave the following report:
Growers Kitchen- the awarded bid is expected to be amended at the next meeting after having spoken with the architect regarding some of the alternatives
River Cottage Grant-she requested being able to submit one planning grant for the River Cottage and Kirkside Adult Home since they are both on the same property.
RESOLUTION #55-RESOLUTION BY THE TOWN BOARD OF ROXBURY APPROVING AND ENDORSING MARK PROJECT, INC. IN ITS APPLICATION FOR THE TOWN OF ROXBURY TO NYS DEPARTMENT OF STATE FOR FUNDING UNDER THE LOCAL WATERFRONT REVITALIZATION PROGRAM
On motion of Kenneth Davie second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury desires to apply for up to $70,000 in financial assistance through the 2018 Consolidated Funding Application (CFA) under the NYS Department of State Local Waterfront Revitalization Program; and
WHEREAS, the application proposes funding to assist the Town in the planning for acquisition and revitalization of Riverside Cottage located adjacent to Kirkside Park situated on the East Branch of the Delaware River and a feasibility study for the former Kirkside Retirement Home to be transformed into a hospitality and entrepreneurial training site. Kirkside is also located adjacent to Kirkside Park on the East branch of the Delaware River; and
WHEREAS, the proposed funding will contribute to ongoing community and waterfront revitalization efforts;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Roxbury approves and endorses the 2018 NYS Department of State application for assistance prepared and to be submitted on behalf of the Town of Roxbury by the MARK Project Inc.”
Passed by the following vote of all Town Board Members voting in favor thereof:
Affirmative Town Board Members:
AYES-4 Davie, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
Parks Clerk Carolynn Faraci reported the pavilion floors have been repainted, the two summer youth programs have begun with a total of 5 kids and another fishing derby has been scheduled for May 18, 2019.
The Town Board congratulated Rita Karpoich and Lucci Kelly for all their work on the 2018 Roxbury Summer Celebration that was a huge success.
Attorney Phillips stated having researched making Car Show 4 A Cause a holiday. Unfortunately, holidays can only be recognized under certain conditions, which do not apply for this, but discussed doing a proclamation instead.
RESOLUTION #56- RESOLUTION PROCLAIMING JULY 21, 2018 “CAR SHOW 4 A CAUSE DAY” IN THE TOWN OF ROXBURY
On motion of Carol Murray second by Kenneth Davie the following resolution was offered and adopted:
“WHEREAS, Car Show 4 A Cause is a non-profit group of volunteers that hosts an annual car show in the Town of Roxbury (“Town”); and
WHEREAS, the annual car show provides an opportunity for the Town’s residents and visitors to display the hard work and dedication they have devoted to their collectable automobiles and other motorized vehicles while raising money for residents who have been struggling with a medical condition; and
WHERAS, the 2018 Car Show 4 A Cause even is scheduled to take place in Historic Kirkside Park on July 21, 2018; and
WHEREAS, the Town Board wishes to demonstrate its support for the 2018 Car Show 4 A Cause event, recognize the hard work and dedication of the event organizers, sponsors, and participants, and encourage the public’s attendance by designating July 21st as “Car Show 4 A Cause Day” in the Town of Roxbury.
NOW THEREFORE, BE IT RESOLVED, by order of the Town Board of the Town of Roxbury, that Saturday, July 21, 2018 is hereby proclaimed “Car Show 4 A Cause Day” in the Town of Roxbury.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Murray, Davie, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
No Highway Report was received.
A large water leak was found behind the Army/Navy Store in Grand Gorge and has been repaired.
A written report from Michael Harrington of Lamont Engineers regarding status of the Denver and Grand Gorge/Roxbury Water Projects was distributed to the Town Board.
Attorney Phillips discussed the Hinkley property acquisition agreement pertaining to the Grand Gorge/Roxbury Water Project. A down payment will have to be made and surveys of the property will be required for the necessary subdivision. The owner has already signed.
RESOLUTION #57- RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY
AUTHORIZING EXECUTION OF PROPETY PURCHASE AGREEMENT FOR THE ROXBURY/GRAND GORGE WATER DISTRICT PROJECT
On motion of Edward Raeder second by Kenneth Davie the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury (the “Town Board”) has determined the necessity of a project named Roxbury/Grand Gorge Water District Water System Improvements Project relating to the increase and improvement of the distribution facilities of the Town’s Roxbury Water District and Grand Gorge Water District (the “Project”); and
WHEREAS, the Town Board, through its engineer, has conducted extensive investigation, planning and some design for the Project including the development of a water supply well and related appurtenances; and
WHEREAS, in order to proceed with the planning and permitting for this Project, the Town must select and acquire a location for the proposed water supply well; and
WHEREAS, the selected location for a water supply well and related appurtenances must meet certain specified criteria regarding size, location, yield, environmental, and availability; and
WHEREAS, the engineer retained by the Town Board has identified two areas of 13.7 acres and 0.96 acres, being a portion of the parcel identified as Tax Parcel No. 157.-1-25.4, (hereinafter, the “Property”) that meets the above specified criteria and could serve as the location for the proposed water supply well; and
WHEREAS, an agreement for the purchase of the Property for its fair market value has been negotiated and approved by the Town Attorney; and
WHEREAS, it is in the interest of the Town to proceed with this Project.
NOW, THEREFORE BE IT RESOLVED THAT: The Town Supervisor is authorized to execute, on behalf of the Town, the Purchase Agreement appended hereto, which has been reviewed and approved by the Town Attorney.
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Raeder, Davie, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
Attorney Phillips stated she has received verbal clarification that all violations found by NYS Dept. of Labor (NYSDOL) regarding the Workplace Violence Prevention Plan have been successfully abated and nothing more is required from the Town. A letter from NYSDOL should be forthcoming.
A letter of resignation has been received from Austin Roe, School Crossing Guard effective 6/15/18.
RESOLUTION #58-ROE RESIGNS AS SCHOOL CROSSING GUARD
On motion of Kenneth Davie second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board regretfully accepts the resignation of Austin Roe as School Crossing Guard effective 6/15/18”
AYES-4 Davie, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
A letter was received from Donald Ferguson of Becker Ave. in Grand Gorge expressing concerns with speeding cars and requested the road be made a one way street. The matter was discussed by the Town Board whereby Supervisor Hynes has already contacted Delaware County DPW and State DOT regarding the issue. The matter was tabled until hearing back from those agencies.
On motion of Carol Murray second by Edward Raeder the Town Board approved the Town Clerk’s monthly report for June, 2018 in the amount of $2,304.25 (Town Clerk $594.25 and Building Permits $1,710.00)
AYES-4 Murray, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Edward Raeder second by Carol Murray the Town Board approved the Supervisor’s monthly report for May 2018.
AYES-4 Raeder, Murray, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Kenneth Davie second by Carol Murray the Town Board approved the Assessor’s monthly report for June 2018.
AYES-4 Davie, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Edward Raeder second by Carol Murray the Town Board approved the Building Inspector’s Report for June 2018.
AYES-4 Raeder, Murray, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Carol Murray second by Kenneth Davie the Town Board approved the Water District Monthly Reports for June 2018 with the following amounts being receipted: Denver $68.20; Grand Gorge $33.25 and Roxbury $315.52.
AYES-4 Murray, Davie, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
On motion of Edward Raeder second by Carol Murray the Town Board approved the Justice Court monthly report for May 2018 in the amount of $2,747.00.
AYES-4 Raeder, Murray, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley
No action was taken on filling the vacancy on the Historic Preservation Commission.
RESOLUTION #59- RESOLUTION FOR PUBLIC HEARING ON THE ADOPTION OF A LOCAL LAW AMENDING LOCAL LAW NO. 1 OF 2007 PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NYS UNIFORM FIRE PREVENTION AND BUILDING CODE
On motion of Kenneth Davie second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town Board of the Town of Roxbury, New York (the “Town”), has adopted Local Law No. 1 of 2017 providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Town; and
WHEREAS, the Town Attorney has reviewed Local Law No. 1 of 2017 and has determined that certain amendments should be made to make the law consistent with current NYS regulations; and
WHEREAS, specifically, the local law would amend provisions related to Compliance Orders to require a fixed thirty (30) day time-period to remedy violations described in the Compliance Order. Additional miscellaneous revisions are also proposed.
NOW, THEREFORE, BE IT RESOLVED, that said Town Board shall meet at the Grand Gorge Civic Center, 60933 State Highway 30, Grand Gorge, New York, on August 13, 2018, at 7:15 P.M., to hear all persons interested in the matter of the adoption of the local law, and
BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to publish notice of said hearing in the Catskill Mountain News, the official newspaper of the Town, and to post copies of such notice in the manner provided by law.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-4 Davie, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
RESOLUTION #60-ADVERTISE FOR SCHOOL CROSSING GUARD
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Clerk is authorized to advertise for the position of School Crossing Guard whereby applicants must be at least 16 years of age.”
AYES-4 Murray, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley
RESOLUTION #61-REPORT OF GOOD NEIGHBOR FUNDS
On motion of Kenneth Davie 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 for the period 7/1/17-6/30/18 that reflects a balance of $208,197.00.”
AYES-4 Davie, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
A letter was also received from NYCDEP regarding Good Neighbor Funds. They feel the Town has already spent the original amount of $443,000 and only still shows a balance due to reimbursing the fund with grant monies when received for the projects. Therefore, the balance of funds are Town funds that we no longer have to request use of by NYCDEP and they will not require any further annual report be sent in the future. Discussion took place on how to use the funds, to place it in a specific reserve fund or other. The matter was tabled until the bookkeeper can check with the CPA’s on proper uses.
RESOLUTION #62-2017 FINAL BUDGET TRANSFERS
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board approves the following final budget transfers for the year 2017:
AYES-4 Murray, Raeder, Davie, Hynes
NAYS-0
ABSENT-1 Hinkley
Discussion took place on a balance of CDBG funds still being held by then project administrator Western Catskills Community Revitalization Corp. (WCCRC) in the amount of $3,823 recaptured due to the owner selling the house while under the lien period. The funds can be used for another eligible CDBG project for another eligible homeowner. The matter was tabled until hearing back from the MARK Project, Inc. on an eligible homeowner and project.
On motion of Edward Raeder second by Kenneth Davie the Town Board authorizes a letter of support for BOCES applications to NYSEG and NYS Dept. of Transportation (NYSDOT) for hanging a banner over State Hwy. 23 in Grand Gorge celebrating their 50th Anniversary.
AYES-4 Raeder, Davie, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
RESOLUTION #63-RE-HIRE THORINGTON TO HIGHWAY
On motion of Kenneth Davie second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board re-hires David Thorington as HEO on the Highway Dept. on a part-time basis as needed throughout the year retroactive to June 18, 2018 at a rate of $20.97/hr.”
AYES-4 Davie, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
RESOLUTION #64-AMEND S. HASKIN HIRE DATE
On motion of Kenneth Davie second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, per the Town Highway Supt., the Town Board amends the hire date of Scott Haskin to be July 3, 2018.”
AYES-4 Davie, Raeder, Murray, Hynes
NAYS-0
ABSENT-1 Hinkley
Discussion took place on proposed rental rates for the park pavilion and soon to be kitchen for the year 2019 that were distributed to the Town Board. Concerns were expressed the kitchen rates were too low but a final rate will be determined after the kitchen has been completed and operation costs figured.
RESOLUTION #65-PARK & KITCHEN RENTAL RATES 2019
On motion of Carol Murray second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, the Town Board approves the following rental rates for the Park Pavilion and kitchen to be effective 1/1/19; and
BE IT FURTHER RESOLVED, the Town Board reserves the right to change the kitchen rates as needed once the kitchen is built and l events already booked for 2019 with a signed contract will remain at current year pricing.”
AYES-4 Murray, Davie, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
The Annual Audit has been completed by the CPA’s for the year 2017, has been distributed to the Town Board, has been filed with the State and a copy is available for inspection at the Town Clerk’s Office.
The 2018 Final Roll has been completed and a copy is on file at the Town Clerk’s office.
No action was taken on the ZS Security quote for additional cameras at Kirkside Park
The open building permit list was distributed to the Town Board.
The August 13th Town Board meeting will be held at the Grand Gorge Civic Center.
On motion of Kenneth Davie second by Carol Murray the bills were audited and ordered paid in the following amounts:
AYES-4 Davie, Murray, Raeder, Hynes
NAYS-0
ABSENT-1 Hinkley
The Parks Clerk stated having received no response or payment from only one family for the broken windows at the Kirkside Park dollhouse. Attorney Phillips will re-send the letter.
On motion of Carol Murray second by Kenneth Davie the meeting adjourned at 8:45 pm.
THIS IS A TRUE COPY
_________________________________
Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Edward Raeder, Councilman
Carol Murray, Councilwoman
Kenneth Davie, Councilman
Unapproved Minutes for June, 2018
Please note the May minutes were approved at the June meeting.
UNAPPROVED MINUTES
June 11, 2018
The regular meeting of the Town Board was held June 11, 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, Dpty. Hwy. Supt. William Sprague, Assessor Robert Breglio, Assessor Clerk Stephanie Seminara, Parks Clerk Carolynn Faraci, Attorney Allyson Phillips and seven residents. Absent: Neil German (medical leave).
The Minutes of the May 14, 2018 meeting were approved on motion of Allen Hinkley second by Carol Murray.
AYES-5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS-0
Rita Karpoich, one of the organizers of the Roxbury Summer Fest, updated the Town Board on status of the event to be held July 7th. Several vendors have registered, there will be a myriad of events for everyone and she requested the American flags used for holidays be displayed along State Hwy 30 that day. Supervisor Hynes will speak with Martin Finch of the local American Legion regarding the flags. Mrs. Karpoich was thanked for all her work on the event.
Margaret Ellsworth reported the following:
* Bids for Grower’s Kitchen at Kirkside Park – lengthy discussion took place on use of the kitchen specifically questioning if for a grower to process their products or for caterer’s/resident’s using the pavilion for events. All are options the Town Board must consider for the guidelines for use that will have to be developed.
*Grand Gorge Civic Center windows/doors grant application originally planned for a CDBG Funding application will now be through a different funding source because CDBG funds cannot be used for municipal occupied/used buildings and the justice court is housed there.
*Requested a resolution for support of Woodchuck Lodge’s grant application to NYS Office of Parks, Recreation & Historic Preservation
*Requested a resolution for grant application to NYS Dept. of State in planning for acquisition and revitalization of Kirkside Cottage.
*Attended the Roxbury Historic Preservation Commission meeting where Martin Lerner was approved to install solar panels on the roof of the Café. Ellsworth will look into solar panel installation funds for others.
Sealed bids for the Kirkside Park Grower’s Kitchen were opened on May 24, 2018 at 2:00 pm at the Town Hall. Only one bid was received and was as follows:
RESOLUTION #43-AWARD GROWER’S KITCHEN BID
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board accepts the bid of Beaverdam Builders for the Grower’s Kitchen at Kirkside Park in the amount of $148,574; and
BE IT FURTHER RESOLVED, the bid award is contingent upon further discussion between the architect and M-ARK Project, Inc. regarding some of the other options priced.”
AYES-5 Hinkley, Raeder, Murray, Davie, Hynes
NAYS-0
RESOLUTION#44-RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY APPROVING AND ENDORSING WOODCHUCK LODGE INC. IN ITS APPLICATION TO THE NYS OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION FOR A STRUCTURAL ANALYSIS TO BE PERFORMED ON THE BUILDING TO GUIDE US INTO THE FUTURE
On motion of Kenneth Davie second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury recognizes that Woodchuck Lodge is listed on the State and National Registers
of Historic Places and it the writing cabin of America’s best loved essayist and naturalist John Burroughs.
WHEREAS, The Town also recognizes that proposed funding will contribute to the long term sustainability of this historic treasure and further enhance community revitalization efforts; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Roxbury fully endorses the application to the 2018 NYS Office of Parks Recreation and Historic Preservation Program for assistance prepared and to be submitted by The Woodchuck Lodge Inc.”
Passed by the following vote of all Town Board Members voting in favor thereof:
AYES-5 Davie, Murray, Raeder, Hinkley, Hynes
NAYS-0
RESOLUTION #45-RESOLUTION BY THE TOWN BOARD OF THE TOWN OF ROXBURY APPROVING AND ENDORSING M-ARK PROJECT, INC. IN ITS APPLICATION FOR THE TOWN OF ROXBURY TO NYS DEPARTMENT OF STATE FOR FUNDING UNDER THE LOCAL WATERFRONT REVITALIZATION PROGRAM
On motion of Carol Murray second by Kenneth Davie the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury desires to apply for up to $50,000 in financial assistance through the 2018 Consolidated Funding Application (CFA) under the NYS Department of State Local Waterfront Revitalization Program
WHEREAS, the application proposes funding to assist the Town in the planning for acquisition and revitalization of Riverside Cottage located adjacent to Kirkside Park situated on the East Branch of the Delaware River
WHEREAS, the proposed funding will contribute to ongoing community and waterfront revitalization efforts; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Roxbury approves and endorses the 2018 NYS Department of State application for assistance prepared and to be submitted by The MARK Project Inc.”
Passed by the following vote of all Town Board Members voting in favor thereof:
AYES-5 Murray, Davie, Raeder, Hinkley, Hynes
NAYS-0
Parks Clerk, Carolynn Faraci reported the following:
*Fishing Derby went well with 6 children participating and 10 fish caught, thanks to all who helped, and participants requested doing it again next year
*Youth Program this year allows for three kids who will work in the park and two will be shared with Roxbury Arts Group. Workers are to be paid by the County.
*Flower barrel watering is now much easier due to having rigged up a pumping system.
*Workplace Violence Prevention Training can be given in-house by the Town of Roxbury
Mrs. Faraci has also been approached by a few people who were upset because they were told David Dumond, Transfer Station Manager was forced to work for no pay on Memorial Day. She clarified, per the Employee Handbook and Mr. Dumond’s contract, both Memorial Day and Christmas Day are paid time-off holidays that he is paid for, however, he chose to work Memorial Day.
Attorney Allyson Phillips reported she has completed the workplace risk assessments for Town buildings required by the Workplace Violence Prevention law. A draft has been given to the Supervisor and Employee Representative to review before sending to NYS Dept. of Labor.
Dpty. Highway Supt. William Sprague reported the new grader is here, crews will be doing stone/oil next week and the Hwy. Supt. may be back part-time next week. Councilman Hinkley requested the Town parking lot by Cassie’s Café be stoned/oiled.
A written monthly Assessor Report was given to the Town Board. Assessor Clerk Stephanie Seminara reported on some changes to exemptions for next year: 1) Enhanced STAR applicants will now be required to enroll in the Income Verification Program (IVP) and the State will notify eligible owners instead of the local Assessor’s office; 2) Senior Exemption owners will now have to enroll in the IVP Program and 3) currently, if someone was not approved for the STAR Exemption they could appeal to local Board of Assessment Review on Grievance Day but now they will have to appeal through the State.
Assessor Robert Breglio reported he is reviewing home sales over the last four years and is working with Office of Real Property Services (ORPS) to update the model values in anticipation of the next re-val. Mark Los will help with the commercial properties again.
Mike Harrington of Lamont Engineers distributed status sheet on the Water Projects:
DENVER WATER
*Site mapping should be done by June 22nd and a trial day will be scheduled once completed.
*Waiting for Blizzard Electric to make final connections to Well #1 & #6. Once completed Titan can do their work on the wells
*He has received 4 quotes for Electrical Engineering and will be reviewing them.
GG/ROXBURY
*PW3- the data logger has been installed in MW5 and will be removed June 14. It will measure how much the new well is affected by use of PW1. Test drilling bid docs have been sent to GeoLogic for input on technical requirements. The docs will be sent to the Town attorney and on to Dept. of Health (DOH) for approval. Still awaiting feedback from Mike Hinkley regarding the draft purchase agreement.
*Springs – The Micro Particulate Analysis (MPA) shows moderate risk therefore staying classified as under direct influence of groundwater. He will check with DOH to see is dry weather testing is still warranted. Attempts to repair the leaking pipe at the spring’s basin has failed and it is thought the cracked pipe extends to the outside of the basin. Discussion took place regarding the pilot filter system clogging frequently and what options there are to remedy the matter. Supervisor Hynes expressed concerns with the timeline needed for the filtering.
*Distribution System-per pumping logs, there appears to be leaks in both water districts. He has been directed by the Town Board to get prices on leak detection work. He will speak with Bob Townsend regarding the service lines to Midrox and Conte.
*Other-proposals have been received for the Property Survey, Wetlands Survey and Electrical Engineering. The short-term loan closing is scheduled for 6/21/18.
Joseph Resch stated the Grand Gorge Business Alliance will again be holding a Business Expo this year at the Civic Center and requested the Town Board sponsor them in an application for a permit to NYSEG and NYS Dept. of Transportation to allow them to hang a banner over the State roads in Grand Gorge advertising the event.
RESOLUTION #46-SPONSOR BANNER FOR GRAND GORGE BUSINESS EXPO
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board agrees to sponsor an application to NYSEG and NYS Dept. of Transportation (NYSDOT) to hang a banner over the State roads in Grand Gorge advertising the Business Expo whereby said permit will be under the Town’s insurances.”
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0
A draft local law revising the building law was distributed to the Town Board. Attorney Allyson Phillips discussed the change from “a reasonable amount of time’ to a “30 day time period” to come into compliance once a violation is issued. If more time is required to come into compliance, the Building Inspector will work with the owner through the courts. Lengthy discussion took place on the change, and therefore the Board has requested the Building Inspector to attend the July meeting to discuss and scheduling the Public Hearing for the Local Law was postponed until the July meeting.
On motion of Kenneth Davie second by Carol Murray the Town Board approved the Town Clerk’s monthly report for May 2018 in the amount of $2,418.25 (Town Clerk $593.25 and Building Permits $1,825.00)
AYES-5 Davie, Murray, Hinkley, Raeder, Hynes
NAYS-0
No Supervisor’s report for May 2018 due to just having received the bank statements.
On motion of Allen Hinkley second by Carol Murray the Town Board approved the Assessor’s monthly report for May 2018.
AYES-5 Hinkley, Murray, Raeder, Davie, Hynes
NAYS-0
On motion of Kenneth Davie second by Carol Murray the Town Board approved the Building Inspector’s monthly report for May 2018.
AYES-5 Davie, Murray, Raeder, Hinkley, Hynes
NAYS-0
On motion of Carol Murray second by Edward Raeder the Town Board approved the monthly Water Reports for May 2018 with receipts of the following: Denver $550.22; Grand Gorge $897.00 and Roxbury $547.10.
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0
On motion of Edward Raeder second by Carol Murray the Town Board approved the Justice Court monthly report for April 2018 in the amount of $2,580.00.
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0
No action taken on filling the vacancy on the Historic Preservation Commission.
RESOLUTION #47-FINAL BUDGET TRANSFERS 2017
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board approves the final Budget Transfers for the year 2017 per completion of the 2017 Annual Financial Report and the 2017 Annual Audit.”
AYES-5 Hinkley, Raeder, Murray, Davie, Hynes
NAYS-0
RESOLUTION #48-APPROVE LVDV OPERATIONS AGREEMENT FOR ROXBURY SEWER SERVICES
On motion of Kenneth Davie second by Allen Hinkley the following resolution was offered and adopted:
“RESOLVED, the Town Board Town of Roxbury approves the Operation & Maintenance Contract with LVDV Operations, Inc. for Roxbury Sewer Services for the following years and amounts:
BE IT FURTHER RESOLVED, the Town Supervisor is authorized to execute said contract.”
AYES-5 Davie, Hinkley, Raeder, Murray, Hynes
NAYS-0
RESOLUTION #49-RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ROXBURY AUTHORIZING THE TOWN SUPERVISOR TO EXECUTE A CONTRACT WITH THE CATSKILL WATERSHED CORPORATION (“CWC”) TO RECEIVE STORMWATER RETROFIT FUNDS FOR THE OPERATION AND MAINTENANCE OF STORMWATER RETROFIT MEASURES
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 previously entered in a contract with the CWC to implement a Stormwater Retrofit Project to address the flooding of basements and backyards of residents on the east side of Lake Street and to install piping from Lake Street outlets to the East Branch of the Delaware River to prevent overland stormwater from picking up pollutants and debris and reaching the river (the, “Lake Street Stormwater Retrofit Project”); and
WHEREAS, the Town purchased property located on Lake Street as part of the Lake Street Stormwater Retrofit Project with funding provided through a contract with CWC; and
WHEREAS, the CWC Board of Directors has recently approved Operation and Maintenance (“O&M”) funding for the Lake Street Stormwater Retrofit Project in an amount not to exceed $238,122.00; and
WHEREAS, CWC has prepared an agreement between the Town and CWC to provide the aforesaid O&M Funding for the Lake Street Stormwater Retrofit Project which has been reviewed and approved by the Town Attorney; and
WHEREAS, the Town Board desires to authorize the Supervisor to enter into the agreement with the CWC.
THEREFORE, NOW BE IT RESOLVED THAT:
The Town Board of the Town of Roxbury authorizes the Town Supervisor to execute the agreement with CWC for O&M funding for the Lake Street Stormwater Retrofit Project.”
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0
RESOLUTION #50-REVISED HIRE DATE FOR HASKIN
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, at the May 14, 2018 Town Board meeting, the Town Board hired Scott Haskin to the Highway Dept. effective May 29, 2018; and
WHEREAS, the Highway Supt. would like to revise the start date to be effective July 2, 2018;
THEREFORE BE IT RESOLVED, the Town Board amends the effective hire date of Scott Haskin as July 2, 2018 per the Highway Supt.”
AYES-5 Raeder, Murray, Hinkley, Davie, Hynes
NAYS-0
Discussion took place on payment of the new grader where it appears if we wait until next year to pay it off we will have to pay $9,200 in interest.
RESOLUTION #51-TRANSFER FUNDS FROM HIGHWAY EQUIPMENT RESRERVE TO HIGHWAY FUND FOR GRADER
On motion of Allen Hinkley second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, the Town Board approves that funds be transferred from Highway Equipment Reserve to Highway Fund in the amount of $217,175 to pay off the new Caterpillar Grader in 2018.”
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0
Discussion took place on the proposed Assembly/Senate bill regarding Electronic Death Registration System (EDRS). The NYS Town Clerk’s Association also opposes the bills.
RESOLUTION #52-OPPOSE PROPOSED ASSEMBLY/SENATE BILLS REGARDING ELECTRONIC DEATH REGISTRATION SYSTEM (EDRS)
On motion of Allen Hinkley second by Kenneth Davie the following resolution was offered and adopted:
“WHEREAS, a proposed bill has been introduced to the Assembly #A.9837-A and Senate #S.7630-A requiring NYS Dept. of Health (NYSDOH) to fully implement the Electronic Death Registration System (EDRS) for all Town Clerk/Registrars prior to January 1, 2019; and
WHEREAS, the bills would also impose a penalty on those municipalities who do not register for the EDRS through NYSDOH unless a waiver is applied for and approved by NYSDOH; and
WHEREAS, the Town of Roxbury agrees the EDRS should be implemented; and
WHEREAS, the Town of Roxbury has no control over the implementation of NYSDOH programs such as the EDRS; and
WHEREAS, NYSDOH has already authorized EDRS registration for only municipalities having a hospital or other eligible medical facility; and
WHEREAS, the Town of Roxbury has no hospital or eligible medical facility; and
WHEREAS, the Town of Roxbury has not been authorized by NYSDOH to register for EDRS;
BE IT RESOLVED, the Town Board, Town of Roxbury opposes proposed Assembly bill #A.9837-A and proposed Senate bill #S.7630-A regarding the implementation of NYSDOH EDRS due to the proposed bills allowing for penalties to be imposed on the Town for not registering with NYSDOH for the EDRS and the Town not having any control over NYSDOH implementation of the program and subsequent authorization from NYSDOH to register.”
AYES-5 Hinkley, Davie, Raeder, Murray, Hynes
NAYS-0
No action taken on additional cameras at Kirkside Park.
The Annual Water Quality Reports for Denver, Grand Gorge and Roxbury Water Districts have been mailed to all customers and required agencies. Copies of the reports are at the Town Clerk’s Office.
The list of open building permits was distributed to the Town Board.
The Building Inspector has issued Order to Remedy Violations to three residents in Grand Gorge.
A list of employees/elected officials attending the Workplace Violence Prevention Training was distributed to the Town Board. Eight employees/elected officials did not attend.
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
RESOLUTION #53-RESOLUTION TO ENTER INTO EXECUTIVE SESSION
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, motion made and seconded for the Town Board and Attorney to enter into Executive Session at 9:35 pm to discuss a personnel matter. Present were: Supervisor Hynes, Councilmen Raeder, Hinkley, Murray and Davie and Attorney Phillips.”
AYES-5 Murray, Raeder, Hinkley, Davie, Hynes
NAYS-0
RESOLUTION #54-RESOLUTION TO EXIT EXECUTIVE SESSION AND RETURN TO REGULAR MEETING
On motion of Carol Murray second by Kenneth Davie the following resolution was offered and adopted:
“RESOLVED, motion made and seconded for the Town Board and Attorney to exit Executive Session and return to the regular meeting at 9:47 pm.”
AYES-5 Murray, Davie, Raeder, Hinkley, Hynes
NAYS-0
Supervisor Hynes stated no action was taken in Executive Session.
On motion of Edward Raeder second by Carol Murray the meeting adjourned at 9:48 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 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.
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_________________________________
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
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Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman