Town Board Agenda - February 10, 2014
ROXBURY TOWN BOARD
Organizational Meeting
February 10, 2014
Town Hall
Call To Order
7:30 pm
Minutes
January 6th Organizational Meeting
Requests to Speak
Department Reports
Water / Sewer
Planning
Building & Grounds
Highway
Assessor
Building Inspector
Community Resources
Old Business
New Business
Letters to the Board
Elisabeth Weidmann – water issues
Discussion from residents
Audits
ISSUES FOR DISCUSSION
• Resolution – Town Clerk monthly Report for January 2014
• Resolution – Supervisor’s monthly Report for December 2013
• Resolution – Supervisor’s monthly report for January 2013
• Resolution – Assessor’s monthly report for January 2014
• Resolution – Justice Court monthly report for December 2013
• Resolution – Building Inspector monthly report (Nov 2013 – Jan 2014)
• Resolution – monthly water receipts report for January 2014 (Denver-GG-Roxbury)
• Resolution – advertise for bids for Highway Fuels open March 3rd @ 2:00 pm
• Resolution – advertise for bids for Highway Material Hauling open March 3rd @ 2:15 pm
• Resolution – appoint 1 more person for CDBG housing program review committee
• Resolution – appoint 1 person to Historic Commission 2/10/14-12/31/16
• Resolution – WIOX Radio 4th Qtr -2013 Report
• Resolution – Marty Built junkyard license renewal
• Resolution – re-appoint Jean Stone to Planning Board
• Resolution – turn over Radio Station Public File to WIOX Station
• Updated Highway Equipment List distributed to Town Board
• Planning Board training hours as of 12/31/13 distributed to Town Board
REMINDER – March meeting is March 3rd
REMINDER – Highway Contract expires 12/31/14
ONGOING ISSUES
• Truck lawsuit status
Town Board Approved Minutes - January 6, 2014
APPROVED MINUTES
January 6, 2014
The Town of Roxbury Organizational Meeting was held January 6, 2014 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Highway Supt. Stephen Schuman, Building Inspector William Walcutt Town Attorney Kevin Young and one residents. Absent: Town Clerk Diane Pickett
On motion of Edward Raeder second by Allen Hinkley the Minutes of the December 9, 2013 and December 27, 2013 year end meeting were approved.
AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0
Executed the Oath of Office and Undertaking by Supervisor-Thomas Hynes, Councilmen – Gene Cronk & Allen Hinkley, Attorney – Kevin Young
Hwy. Supt. Stephen Schuman reported that the salt is cheaper this year than last. The new equipment is here and working fine. They are having a problem with the roads because of the warming temperatures making the roads soft and then freezing.
Community Resources Margaret Ellsworth Reported that a letter to the state CGBG letter for request for drawn down of fund. There are three more slots open for community members to participate in the program. Roxbury Main Street project will have a draw down in June. This program is helping the Old Pharmacy Building and Roxbury Wine & Spirits. There will be reimbursement for the bridge repair in Kirkside Park. They have eight hundred bulbs left to plant
Doug Kadow will not seek another term on the Historic Preservation Committee. Phil Lenihan would like to continue with his position on the Historic Preservation Committee.
Building Inspector William Walcutt stated there were 65 permits issued in 2013. No monthly written report received.
Lake Street Project will be closing down for the winter. They will be fixing the driveway at 53654 State Highway 30.
Radio Station water meter broke and was replaced on January 4, 2014
Thomas Hynes will be talking with Jim Eisel about the Town of Roxbury inputting their own information in thru the Assessor’s office.
RESOLUTION #1– TOWN BOARD MEETING SCHEDULE
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED the Town Board for the year 2014 will meet the second Monday of each month for their Regular Monthly Meeting, except for January when they shall meet January 6, 2014 and except for March when they shall meet March 3, 2014 except for November when they shall meet on November 6, 2014. All meetings will begin at 7:30 pm and will be held at the Town Hall, 53690 State Hwy 30, Roxbury, NY except for April and August when they will meet at the Grand Gorge Civic Center, 60933 State Hwy. 30, Grand Gorge, NY.”
AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0
RESOLUTION #2– PLANNING BOARD MEETING SCHEDULE
On motion of Edward Raeder second by Gene Cronk the following resolution was offered and adopted:
“RESOLVED the Planning Board for the year 2014 will meet the third Wednesdays of each month for their Regular Monthly Meeting. All meetings shall begin at 7:30 pm and will be held at the Town Hall, 53690 State Hwy. 30, Roxbury, NY.”
AYES – 5 Raeder, Cronk, Hinkley, Murray, Hynes
NAYS – 0
RESOLUTION #3– HISTORIC COMMISSION MEETING SCHEDULE
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED the Historic Preservation Commission for the year 2014 will hold meetings the third Mondays of the month at 7:00 pm at the Town Hall for their Regular Monthly Meeting.”
AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0
RESOLUTION #4 – APPOINTMENTS AND COMMITTEES
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and approved:
RESOLVED the Town Board approves the following appointments and committees for the year 2014:
POSITION NAME TERM
Budget Officer: Carolynn J. Faraci 1/1/14-12/31/14
Assessor Clerk: Stephanie Seminara 1/1/14-12/31/14
Justice Clerk: Sandra Rockwell 1/1/14-12/31/14
Town Historian: Anthony Liberatore 1/1/14-12/31/14
Constable: Stephen Williamson 1/1/14-12/31/14
Dog Control Officer: Verna Dietrich 1/1/14-12/31/14
Attorney for the Town: Kevin Young 1/1/14-12/31/14
Water Clerk – 3 water districts Diane Pickett 1/1/14-12/31/14
Health Officer: Daniel Sullivan 1/1/14-12/31/14
School Crossing Guard: Sara Cronk 1/1/14-12/31/14
CRC Representative: Joseph Farleigh 1/1/14-12/31/14
COMMITTEES 1/1/14-12/31/14
Highway: Edward Raeder & Gene Cronk 1/1/14-12/31/14
Water: Carol Murray & Gene Cronk 1/1/14-12/31/14
Personnel: Carol Murray & Allen Hinkley 1/1/14-12/31/14
Building & Grounds: Gene Cronk & Allen Hinkley 1/1/14-12/31/14
Civic Center: Edward Raeder & Thomas Hynes 1/1/14-12/31/14
Kirkside Park: Allen Hinkley & Edward Raeder 1/1/14-12/31/14
AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0
RESOLUTION #5– PROCUREMENT POLICY
On motion of Allen Hinkley second by Edward Raeder the following resolution was reviewed and adopted for 2014
AYE- 5 Hinkley, Raeder, Cronk Murray, Hynes
NAYS – 0
RESOLUTION #6– INVESTMENT POLICY
On motion of Allen Hinkley second by Edward Raeder the Town Board adopted an Investment Policy for Town funds for the year 2014.
AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0
RESOLUTION #7 OFFICIAL UNDERTAKING
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and approved:
“RESOLVED the Town Board approves the Official Undertaking of elected and appointed positions as to its form and manner of execution and the sufficiency of the insurance, as surety as prepared for the Town of Roxbury for 2014”
AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0
On motion of Gene Cronk second by Edward Raeder the Town Board approved the Town Supervisor’s appointment of Carolynn J. Faraci as Supervisor Bookkeeper for the term 1/1/14-12/31/14.
AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0
On motion of Allen Hinkley second by Gene Cronk the Town Board approved the Town Supervisor’s appointment of Edward Raeder as Deputy Supervisor for the term 1/1/14-12/31/14.
AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0
On motion of Gene Cronk second by Edward Raeder the Town Board approved the Town Clerk’s appointment of Carolynn J. Faraci as Deputy Town Clerk #1 for the term 1/1/14-12/31/14.
AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0
On motion of Gene Cronk second by Edward Raeder the Town Board approved the Highway Supt.’s appointment of William Sprague as Deputy Hwy. Supt. for the term
1/1/14-12/31/14.
AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0
On motion of Gene Cronk second by Allen Hinkley the Town Board designates the Town Supervisor and Deputy Supervisor as official check signers for the year 2014.
AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0
RESOLUTION #8 SEXUAL HARASSMENT POLICY
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
WHEREAS, the Town Board has reviewed the Sexual Harassment Policy;
NOW, THEREFORE BE IT RESOLVED the Town Board approves the continued use of the Sexual Harassment Policy on file until such time as the Town Board amends said policy.”
AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0
RESOLUTION #9– PRIVACY NOTIFICATION POLICY
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, on December 9, 2013 the Town Clerk distributed to the Town Board a copy of the current Privacy Notification Policy on file at the Town Clerk’s Office, adopted March 13, 2006,; and
WHEREAS, the Town Board has reviewed the Privacy Notification Policy;
NOW, THEREFORE BE IT RESOLVED, the Town Board approves the use of the current Privacy Notification Policy on file for the year 2014.”
AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0
RESOLUTION #10– WORKPLACE VIOLENCE PREVENTION POLICY
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, on December 9, 2013 the Town Clerk distributed to the Town Board a copy of the current Workplace Violence Prevention Policy on file at the Town Clerk’s Office, adopted October 12, 2009; and
WHEREAS, the Town Board has reviewed the Workplace Violence Prevention Policy;
NOW, THEREFORE, BE IT RESOLVED the Town Board approves the use of the Workplace Violence Prevention Policy for the year 2014; and
BE IT FURTHER RESOLVED, The Town Board directs the Town Clerk to distribute the Policy to all employees and approves signed confirmation from all employees that they have received and reviewed said policy to be in lieu of conducting formal annual training on said Policy.”
AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0
RESOLUTION #11– CODE OF ETHICS
On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, on December 9, 2013 the Town Clerk distributed to the Town Board a copy of the current Code of Ethics on file at the Town Clerk’s Office, adopted on October 13, 2003; and
WHEREAS, the Town Board has reviewed the Code of Ethics;
NOW, THEREFORE, BE IT RESOLVED the Town Board approves the use of the current Code of Ethics for the year 2014.”
AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0
RESOLUTION #12 THE ADOPTION OF THE REVISED TOWN OF ROXBURY EMPLOYEE HANDBOOK
On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, on December 9, 2013 the Town Clerk Distributed to the Town Board a copy of the Draft revised Employee Handbook and
“WHEREAS, the Town Board additionally amends Section 806 Health Insurance in the draft to read the same as Article XIII Health insurance in the Roxbury Highway Worker’s Association Contract,
“WHEREAS, the Town of Roxbury adopted the revised with amendments “Town of Roxbury Employee Handbook” on January 6, 2014; and
“WHEREAS, the Town Board determined that it is in the best interest of the Town to request that the Town’s Attorney review the Employee Handbook that was previously adopted in 2004 and to advise of any revisions necessary to assure that the Town of Roxbury’s employee policies are up to date and in compliance with all relevant laws; and
“WHEREAS, the Town’s Attorney has prepared a revised Employee Handbook that the Town Board has reviewed and believes represents a relevant updated version
“WHEREAS, the Town Board finds that adoption of the revised Employee Handbook is in the best interests of the Town.
THEREFORE, NOW BE IT RESOLVED THAT:
That the Town Board hereby adopts the revised with amendments Town of Roxbury Employee Handbook for the year of 2014 and
That each of the Town’s employees will be provided with a copy of the revised Employee Handbook and will be required to execute the Acknowledgment Form that will be filed with the Town Clerk.
AYES – 5 Hinkley, Murray, Cronk, Raeder, Hynes
NAYS -0
The Town Board requested that the Town Attorney Kevin Young to review the Police Policy
On motion of Edward Raeder second by Carol Murray the Town Board approved Atlantic-Inland of Cortland as Fire Inspector for Town business for the year 2014.
AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0
On motion of Gene Cronk second by Allen Hinkley the Town Board approved Catskill Mountain News official newspaper for Town business for the year 2014.
AYES – 5 Cronk, Hinkley, Murray, Raeder, Hynes
NAYS – 0
On motion of Carol Murray second by Edward Raeder the Town Board approved NBT Bank N.A. and National Bank of Delaware County for Town business for the year 2014.
AYES -5 Murray, Raeder, Cronk Hinkley, Hynes
NAYS – 0
On motion of Allen Hinkley second by Edward Raeder the Town Board approved Mostert, Manzanero & Scott, LLP as Town CPA’s for Tow Business for the year 2014.
AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0
On motion of Edward Raeder second by Allen Hinkley the Town Board approved a mileage rate of $.56 mile for employees using their own vehicle for Town business for the year 2014.
AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0
On motion of Gene Cronk second by Carol Murray the Town Board approved the payment of $150 each to the Ralph S. Ives and Earl B. Dudley American Legion Posts for parades for the year 2014 as approved in the budget.
AYES – Cronk, Murray, Hinkley, Raeder, Hynes
NAYS – 0
On motion of Edward Raeder second by Carol Murray the Town Board approved payment of $300 rent to the Roxbury Fire District as a polling site for the year 2014 as approved in the budget.
AYES – 4 Raeder, Murray, Cronk, Hynes
NAYS – 0
ABSTAIN – 1 Hinkley
On motion of Carol Murray second by Edward Raeder the Town Board approved the payment of $11,000 to the Roxbury Library for the year 2014 as approved in the budget.
AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0
On motion of Gene Cronk second by Edward Raeder the Town Board approved the payment of $150.00 each to Roxbury & Grand Gorge Senior Clubs for the year 2014 as approved in the budget.
AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0
On motion of Carol Murray second by Edward Raeder the Town Board approved the Town Clerk’s monthly report for December 2013 in the amount of $1,104.15 (Town Clerk $454.15 and Building Permits $650.00)
AYES – 5 Murray, Raeder, Hinkley, Cronk, Hynes
NAYS – 0
On motion of Allen Hinkley second by Gene Cronk the Town Board approved the Supervisor’s monthly report for November 2013.
AYES – 5 Hinkley, Cronk, Murray, Raeder, Hynes
NAYS – 0
On motion of Edward Raeder second by Gene Cronk the Town Board approved the Assessor’s monthly report for December 2013.
AYES – 5 Raeder, Cronk, Hinkley, Murray, Hynes
NAYS – 0
On motion of Carol Murray second by Edward Raeder the Town Board approved the Justice monthly report for November 2013 in the amount of $5,091.00
AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0
On motion of Edward Raeder second by Allen Hinkley the Town Board approved the monthly water receipts for December 2013 (Denver $152.30, Grand Gorge $449.33, Roxbury $96.69)
AYES -5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0
On motion of Edward Raeder second by Allen Hinkley the Town Board approved the contract and payment of $3,500 to Delaware County Planning Dept. for services in the year 2014.
AYES – 5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0
On motion of Allen Hinkley second by Gene Cronk the Town Board approved the re-appointment of Phil Lenihan to the Historic Commission 1/1/14 – 12/31/16.
AYES – 5 Hinkley, Cronk, Murray, Raeder, Hynes
NAYS – 0
RESOLUTION #13 APPOINTMENT OF COMMUNITY RESOURCE CLERK
“WHEREAS, Carolynn J Faraci currently holds the part-time positions with the Town as Bookkeeper, Deputy Town Clerk #1, Budget Officer and Deputy Registrar; and
WHEREAS, The Town Board appoints Carolynn J Faraci as Community Resource Clerk @ $12.00 per hour;
Now, therefore be it Resolved with the additional appointment as Community Resource Clerk the Town Board deems her to be a full time employee with benefits
On motion of Gene Cronk second by Allen Hinkley the Town Board approved the appointment of Carolynn J Faraci to Community Resources Clerk 1/1/14 – 12/31/14.
AYES – 5 Cronk, Hinkley, Murray, Raeder, Hynes
NAYS – 0
The Town Clerk distributed the 2013 open building permit list to the Town Board and a copy of the 2013 building permit summary and revenues.
The Town Clerk distributed the 2013 list of highway equipment to the Town Board.
The Town Clerk distributed the 2013 Annual Report of Town Clerk’s receipts/disbursement to the Town Board.
Supervisor Hynes requested and Executive Session on motion of Gene Cronk second by Edward Raeder the Town Board went into Executive session to discuss the Building Inspector Employment Agreement at 8:25 pm.
Present in Executive session; Thomas Hynes-Supervisor, Carol Murray-Councilwoman, Edward Raeder-Councilman, Gene Cronk-Councilman, Allen Hinkley-Councilman, & Kevin Young-Town Attorney. The Deputy Town Clerk was not invited into Executive session.
RESOLUTION #14 IN CONNECTION WITH THE EXECUTION OF THE CONSULTANT CONTRACT FOR CODE ENFORCEMENT OFFICE SERVICES TO BE PERFORMED BY WILLIAM WALCUTT
On motion by Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, in January of 2012, the Town of Roxbury entered into an Employment Contract with William Walcutt for the position of Code Enforcement Officer (“CEO”) for the Town; and
“WHEREAS, as the date of this Town Board meeting, the Town Board has determined that it is in the best interest of the Town to continue to maintain William Walcutt in the position of CEO as a Town Employee until January 31, 2014 and, thereafter, to offer William Walcutt the position of CEO as a Consultant, rather than an Employee, effective February 1, 2014; and
“WHEREAS, since the office of the Building Inspector is a highly visible aspect of local government in which conduct and consistency are extremely important, William Walcutt, as Consultant CEO will continue to be required to comply with the Town’s Employee Handbook on Code of Ethics; and
“WHEREAS, the Town Board has directed the Town Attorney to prepare a Consulting Agreement subject to the approval of the Town Board and William Walcutt; and
“WHEREAS, this Resolution was discussed and passed in Executive Session because it is a personnel issue; and
THEREFORE, NOW BE IT RESOLVED THAT:
That the Town Board hereby directs the Town Attorney to prepare a Consulting Agreement for the Town Board and William Walcutt to review and execute upon mutual approval of the agreement.
That the town board hereby appoints William Walcott as code enforcement officer subject to the conditions set forth in this resolution
AYES – 4 Cronk, Hinkley, Murray, Raeder
NAYS -1 Hynes
On motion by Edward Raeder second by Carol Murray meeting call back to order at 9:15 pm from Executive session.
AYES-5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS -0
On motion of Edward Raeder second by Carol Murray the bills were audited and ordered paid in the following amounts:
General #1-18 $13,904.81 Roxbury Sewer #1-2 $17,601.26
Highway #1-9 $118,241.75 Denver Sewer #1-2 $651.57
Roxbury Water #1-2 $1,951.30 Capital Projects: $23,120.00
Grand Gorge Water #1-2 $2,158.67 Special Light Districts#1 $27.07
Denver Water #1 $281.05
AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0
On motion of Edward Raeder second by Carol Murray the meeting adjourned at 9:26 pm.
AYES- 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0
THIS IS A TRUE COPY
_______________________________________________
Carolynn J Faraci, Deputy Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman
Notice - 2014 Town Board Meeting Schedule
NOTICE
Notice is hereby given that the Town Board, Town of Roxbury, Delaware County, New York, for the year 2014 will meet the second Monday of each month for their Regular Monthly Meeting, except for January when they shall meet on January 6, 2014 and except for March when they shall meet on March 3, 2014 and except for November when they shall meet on November 6, 2014. All meetings will begin at 7:30 pm and will be held at the Town Hall, 53690 State Hwy 30, Roxbury, NY except for April and August when they will meet at the Grand Gorge Civic Center, 60933 State Hwy. 30, Grand Gorge, NY.
By Order of the Town Board
Diane Pickett, Town Clerk
Dated: Jan. 6, 2014
Notice - 2014 Planning Board Meeting Schedule
NOTICE
Notice is hereby given that the Planning Board, Town of Roxbury, Delaware County, New York, for the year 2014 will meet the third Wednesdays of each month for their Regular Monthly Meeting. All meetings shall begin at 7:30 pm and will be held at the Town Hall, 53690 State Hwy. 30, Roxbury, NY.
By Order of the Town Board
Diane Pickett, Town Clerk
Dated: Jan. 6, 2014
Notice - Historic Preservation Commission
NOTICE
Notice is hereby given that the Historic Preservation Commission, Town of Roxbury, Delaware County, New York, for the year 2014 will hold meetings the third Mondays of the month at 7:00 pm at the Town Hall for their Regular Monthly Meeting.
By Order of the Town Board
Diane Pickett, Town Clerk
Dated: Jan. 6, 2014
1/2/14 Town Board Organizational Meeting Agenda
ROXBURY TOWN BOARD
Organizational Meeting
January 2, 2014
Town Hall
Call To Order 7:30 pm
1st Order of Business Take Oath of Office (Supv & Councilmen)
Minutes December 9th Regular meeting
December 27th Special Meeting
Requests to Speak:
Department Reports: Water / Sewer
Planning
Building & Grounds
Highway
Assessor
Building Inspector
Community Resources
Old Business
New Business
Letters to the Board:
Discussion from residents
Audits
ISSUES FOR DISCUSSION
• Resolution – Appointments & Committees
• Resolution –Supervisor’s appointment of Deputy Supervisor
• Resolution –Supervisor’s appointment of Bookkeeper
• Resolution –Hwy. Supt. appointment of Deputy Hwy. Supt.
• Resolution –Town Clerk appointment of Deputy Town Clerk #1
• Resolution – Official undertaking manner and verbiage for elected / appointed officials
• Resolution – Town Board Meeting schedule for 2014 @ 7:30 pm (2nd Monday’s, March change to _________, April & August @ Civic Center, November meeting is Nov 6th Thursday after Election Day)
• Resolution – Planning Board Meeting Schedule for 2014 (3rd Wednesdays) @ 7:30 pm
• Resolution – Historic Commission Meeting schedule for 2014 (3rd Mondays) @ 7:00 pm
• Resolution –Procurement Policy reviewed and re-adopt or changes needed
• Resolution – Investment Policy reviewed and re-adopt or changes needed
• Resolution –t Sexual Harassment Policy reviewed and re-adopt or changes needed
• Resolution – Computer Use Policy reviewed and re-adopt or changes needed
• Resolution –Local Privacy Notification Policy reviewed and re-adopt or changes needed
• Resolution –Code of Ethics reviewed and re-adopt or changes needed
• Resolution –Workplace Violence Prevention Policy reviewed and re-adopt or changes needed
• Resolution – revised Employee Handbook reviewed and adopt or further changes needed
• Resolution –Police Policy reviewed and re-adopt or changes needed
• Resolution – designate Town Supervisor and Deputy Supv. as check signers
• Resolution –Atlantic-Inland of Cortland as Fire Inspector
• Resolution –Catskill Mountain News official newspaper
• Resolution –NBT Bank N.A. and National Bank of Delaware County for banking
• Resolution –Mostert, Manzanero & Scott, LLP as Town CPA’s
• Resolution – Mileage Rate $______
• Resolution – payment to Legion Posts $150 each as budgeted
• Resolution – payment to Roxbury Fire District for polling site $300 as budgeted
• Resolution – payment to Roxbury Library $11,000 as budgeted
• Resolution – payment to Roxbury & GG Sr. Clubs $150 each as budgeted
• Resolution – Building Inspector agreement
• Resolution – Town Clerk monthly Report for December 2013
• Resolution – Supervisor’s monthly Report for November 2013
• Resolution – Assessor’s monthly report for December 2013
• Resolution – Building Inspector monthly report
• Resolution – monthly water receipts report for December 2013 (Denver-GG-Roxb)
• Resolution – appoint 1 more person for CDBG housing program review committee
• Resolution –Delaware County Planning Dept. contract for 2014 in the amount of $3,500
• Resolution – appoint 2 to Historic Commission 1/1/14-12/31/16
• Planning Board training hours as of 12/31/13 distributed to Town Board
• Town Clerk Annual Report of receipts for 2013 distributed to Town Board
• Highway Equipment List distributed to Town Board
• Open Building Permit list thru 12/31/13 distributed to Town Board
REMINDER – Highway Contract expires 12/31/14
ONGOING ISSUES
• Truck lawsuit status
12/27/13 Town Board Special Meeting - Approved Minutes
December 27, 2013
A Special Meeting of the Town Board was advertised and held December 27, 2013 at 4:00 pm at the Town Hall for the purpose of concluding all business for the year 2013. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Highway Supt. Stephen Schuman and 2 residents. Absent: Attorney Kevin Young.
Hwy. Supt. Stephen Schuman stated they are dealing with roads that have heaved and are soft from the fluctuation in temperatures.
A letter was received from Patricia Davis, dated Dec. 13, 2013, regarding the Zoll house located at 36780 State Hwy 23 in Grand Gorge. Mrs. Davis expressed concerns with both it’s structural condition and animal inhabitation and requested a report of the Building Inspector’s evaluation of the house per the Town Health Officer’s inspection in August. The house is still showing as owned by the Zoll’s, and as far as is known by the Town, has not undergone foreclosure proceedings. Supv. Hynes will check with the Town Attorney on what options are available to the Town.
At the November 7, 2013 Town Board meeting, the Town Board approved the unpaid water amounts for Denver, Grand Gorge and Roxbury Water Districts that were to go on the taxes, however, the resolution was mistakenly omitted from the Minutes of said meeting.
RESOLUTION #86 – UNPAID WATER TO TAXES
On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board approves the following unpaid water amounts to be placed on the 2014 tax bills: Denver Water $1,674.84; Grand Gorge Water $6,377.30; Roxbury Water $3,960.50.
AYES – 5 Hinkley, Murray, Cronk, Raeder, Hynes
NAYS – 0
RESOLUTION #87 – RE-APPOINT STONE TO PLANNING BOARD
On motion of Gene Cronk second by Edward Raeder the following resolution was offered and adopted:
“RESOLVED, the Town Board re-appointed Jean Stone to a five year term on the Town Planning Board, said term to be 1/1/14-12/31/18.”
AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0
On motion of Carol Murray second by Allen Hinkley the Town Board approved the monthly report of the Justice Court for November 2013 in the amount of $5,091.00.
AYES – 5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS – 0
Supv. Hynes reported that only Justice Gockel will available at court for January & February.
RESOLUTION #88 – FINAL BUDGET TRANSFERS AND AMENDMENTS
On motion of Gene Cronk second by Edward Reader the following resolution was offered and adopted:
“RESOLVED, the Town Board approves final budget transfers and amendments for the year 2013.”
AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0
Michael Sheehan questioned why the Town Board is possibly thinking of not renewing the Building Inspector’s agreement. Supv. Hynes stated that there are several factors involved and since it is a personnel issue it will be discussed in executive session and any decisions will be stated after executive session.
On motion of Allen Hinkley second by Gene Cronk the Town Board went into Executive Session at 4:15 pm to discuss a personnel matter involving the Building Inspector agreement. Present were: Supv. Hynes and Councilmen Cronk, Raeder, Hinkley and Murray.
The Town Board returned to the special meeting at 4:32 pm on motion of Gene Cronk second by Allen Hinkley.
It was stated that the decision of the Town Board is to wait until the Organizational Meeting when the Town Attorney is present to make any further decisions on the Building Inspector agreement.
Carolynn Faraci, Bookkeeper, informed the Town Board she has had to book the Building Inspector’s unpaid health insurance premium as a receivable every month and will have to bring it into the new year as a receivable if not paid to the Town by 12/31/13 and the accountants do not like to see that happen.
Mrs. Faraci was also asked if she would be interested in assuming the Community Resource Clerk position to which she stated she would.
On motion of Allen Hinkley second by Gene Cronk the bills were audited and ordered paid in the following amounts:
General #546-568 – $12,798.88
Highway #284-298 – $41,922.96
Roxbury Water #100-102 – $159.97
Grand Gorge Water#110-114 – $2,382.71
Denver Water #88-93 – $573.38
Roxbury Sewer #103-106 – $1,632.92
Denver Sewer #128-133 – $1,702.09
Special Lights #18 – $2,217.19
Other-Lake St Project – $923.74
AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0
A reminder was given that the Organizational Meeting will be held January 2, 2014 at 7:30 pm at the Town Hall.
On motion of Edward Raeder second by Allen Hinkley the meeting adjourned at 4:37 pm.
THIS IS A TRUE COPY
___________________________________________
Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman
COLLECTOR’S NOTICE OF RECEIPT OF TAX ROLL & WARRANT
I, the undersigned Collector of Taxes for the Town of Roxbury, County of Delaware, State of New York, have duly received the Tax Roll & Warrant for the year 2014. I will be in attendance at the Town Hall, 53690 State Hwy. 30, Roxbury, NY on January 8th, 15th,22rd and 29th (Wednesdays) from 10:00 am – 4:00 pm for the purpose of receiving the taxes listed on such roll, or please mail.
Take further notice that taxes may be paid on or before January 31, 2014 without interest or charge. All taxes received after such date, there shall be added interest of one percent (1%) per month. February (1%), March (2%), April (3%). After April 15th, all checks must be certified. All unpaid taxes after April 30, 2014 will be returned to the County Treasurer pursuant to law.
Joan Moore, Tax Collector
Town of Roxbury
December 18 Planning Board Meeting Cancelled
NOTICE
The Town of Roxbury Planning Board regular monthly meeting scheduled for December 18, 2013 has been canceled having no business to discuss. The next regular meeting will be held January 15, 2014 at 7:30 pm at the Town Hall.
Jospeh Farleigh, Chairman
Roxbury Planning Board
Dated: Dec. 16, 2013
Town Board Approved Minutes - December 9, 2013
UNAPPROVED MINUTES
Two Public Hearings and the regular meeting of the Town Board were held December 9, 2013 at 7:00 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Highway Supt. Stephen Schuman, Attorney Kevin Young and 4 residents.
The Public Hearing on Margaretville Telephone Company’s (MTC) request for easement was called to order at 7:00 pm. The notice calling for the hearing was read. Glenn Faulkner of MTC corrected the notice that with this easement MTC would allow the Town government buildings free cable and internet service not free telephone. There were no comments from the public.
The hearing closed at 7:10 pm.
The Public Hearing on Margaretville Telephone Company’s (MTC) franchise renewal was called to order at 7:15 pm. The notice calling for the hearing was read. Attorney Young discussed two points of concern in the renewal both of which Glen Faulkner of MTC stated being amenable with to change. There were no comments from the public.
The hearing closed at 7:22 pm.
The regular meeting was called to order at 7:30 pm.
On motion of Gene Cronk second by Allen Hinkley the Minutes of the November 7th, 2013 meeting were approved.
AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0
Glenn Faulkner discussed the MTC Franchise renewal stating after approval by Town Board it is sent to the Public Service Commission for approval which will take approximately 60 to 90 days.
RESOLUTION #83 – RESOLUTION AUTHORIZING THE RENEWAL OF THE TOWN OF ROXBURY’S CABLE TELEVISION FRANCHISE AGREEMENT WITH “HEART OF THE CATSKILLS COMMUNICATIONS, INC.” (DBA MTC CABLE) AFTER PUBLIC HEARING
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, on November 7, 2013, the Town Board of the Town of Roxbury, New York (the “Town”), duly adopted a resolution to consider Margaretville Telephone Company’s (“MTC”) request for renewal of its Cable Television Franchise Agreement with the Town of Roxbury and specifying that said Town Board shall meet at the Town Hall, Town of Roxbury, New York on the 9th day of December, 2013, for the purpose of conducting a public hearing on the MTC’s proposal and to hear all persons interested in the subject thereof concerning the same. The proposed Franchise Agreement and supporting documentation to be placed in the Town Clerk’s office and made available for public inspection;
WHEREAS, notice of the Public Hearing were duly published and posted according to law, and said Town Board did at, the time and place specified in said notice, duly meet and consider such proposal and heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and
WHEREAS, the evidence offered at such time and place requires that the Town Board make the determinations hereinafter made.
NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows:
(1)The notice of hearing was published and posted as required by law; and
(2)The hearing was held pursuant to the requirements of the New York State Public Service Commission; and
(3) It is in the public interest to accept the Margaretville Telephone Company’s Request for renewal of the Cable Television Franchise Agreement with the Town of Roxbury.”
Whereupon, the Resolution was put to a vote, recorded as follows:
AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0
RESOLUTION #84 – RESOLUTION FOR SALE OF EASEMENT TO MARGARETVILLE TELEPHONE COMPANY AFTER PUBLIC HEARING
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, on November 7, 2013, the Town Board of the Town of Roxbury, New York (the “Town”), duly adopted a resolution to consider the “Request for Easement” submitted by the Margaretville Telephone Company and specifying that said Town Board shall meet at the Town Hall, Town of Roxbury, New York on the 9th day of December, 2013, for the purpose of conducting a public hearing on the Margaretville Telephone Company’s proposal and to hear all persons interested in the subject thereof concerning the same. The “Request for Easement” and supporting documentation to be placed in the Town Clerk’s office and made available for public inspection;
WHEREAS, notice of the Public Hearing were duly published and posted according to law, and said Town Board did at, the time and place specified in said notice, duly meet and consider such proposal and heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and
WHEREAS, the evidence offered at such time and place requires that the Town Board make the determinations hereinafter made;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows:
(1) The notice of hearing was published and posted as required by law and is otherwise sufficient; and
(2) It is in the public interest to accept the Margaretville Telephone Company’s Request for Easement as part of a project to expand broadband service within the Town of Roxbury; and
(3) It is in the public interest to accept the Margaretville Telephone Company’s Request for Easement that includes the provision of free internet and cable services to the Town of Roxbury Government Facilities, and be it
FURTHER RESOLVED, that this resolution is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law 209-e(3).”
Whereupon, the Resolution was put to a vote, recorded as follows:
AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0
Stephen Schuman, Hwy Supt. gave status of work, truck repairs and discussed Highway Law Article 8 Section 207 regarding abandoning a Town road back to the owner. Attorney Young will look into the matter. Councilman Raeder requested repair of a pothole at the Civic Center.
Discussion took place on filling the vacancy on the Planning Board. Councilmen Raeder and Murray requested the appointment of Melony Lee.
On motion of Edward Raeder second by Carol Murray the Town Board approved the appointment of Melony Lee to the Planning Board to fill the vacancy with said term expiring 12/31/15.
AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0
Supv. Hynes stated the hydrant by Hinkley Electric will be removed and used elsewhere in the water district, all hydrants in the Grand Gorge and Roxbury water districts will be checked for operation and a leak will be repaired near the Grand Gorge Country Store.
No report was received from the Parks Dept. Peg Ellsworth will attend the year end meeting.
Discussion took place on the letter received from the Town Health Inspector, Dan Sullivan regarding living conditions and dog issues in Grand Gorge.
Evelyn Irwin questioned the status of the radio station sale. It was stated the Town has signed all the paperwork now it is up to the FCC to approve the transfer of the license which could take several months.
The Personnel Committee (Councilmen Hinkley and Murray) have requested the changes for the Employee Handbnok be tabled until the January Organizational meeting.
On motion of Edward Raeder second by Allen Hinkley the Town Board approved the monthly report of the Town Clerk for November 2013 in the amount of $2,629.50 (Town Clerk $1,839.50 and Building Inspector $790.00)
AYES – 5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0
On motion of Carol Murray second by Allen Hinkley the Town Board approved the monthly report of the Supervisor for October 2013.
AYES – 5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS – 0
On motion of Gene Cronk second by Edward Raeder the Town Board approved the monthly report of the Assessor for November 2013.
AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0
No monthly report was received from the Building Inspector.
On motion of Carol Murray second by Allen Hinkley the Town Board approved the monthly report of receipts for the Water Districts as follows: Denver Water $457.38; Grand Gorge Water $590.79 and Roxbury Water $763.41.
AYES – 5 Murray, Hinkley, Cronk, Raeder, Hynes
NAYS – 0
On motion of Edward Raeder second by Allen Hinkley the Town Board approved the monthly report of the Justice Court for October 2013 in the amount of $4,579.50.
AYES – 5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0
RESOLUTION #85 – SCHEDULE YEAR END MEETING AND ORGANIZATIONAL MEETING
On motion of Edward Raeder second by Carol Murray the following resolution was offered and adopted:
“RESOLVED, the Town Board will hold a Year End Meeting on December 27, 2013 at 4:00 pm at the Town Hall to conclude all business for the year 2013 and will hold the annual Organizational Meeting on January 2, 2014 at 7:30 pm at the Town Hall.”
AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0
Three additional residents arrived to the meeting at 7:55 pm.
On motion of Allen Hinkley second by Gene Cronk the bills were audited and ordered paid in the following amounts:
General #506-545 $110,171.87
Roxbury Sewer #94-102 $11,553.74
Highway #246-283 $160,199.03
Denver Sewer #119-127 $12,264.53
Roxbury Water #91-99 $4,408.93
Special Lights #17 $20.46
Grand Gorge Water #102-109 $3,447.37
Other:
Denver Water #80-87 $3,039.36
Lake Street Project $69,515.47
AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0
Attorney Kevin Young requested an Executive Session to discuss a Personnel Issue.
On motion of Allen Hinkley second by Gene Cronk the Town Board and attorney went into Executive Session at 8:00 pm to discuss a personnel matter involving the Building Inspector agreement. Present were: Supv. Thomas Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray and Attorney Kevin Young.
On motion of Gene Cronk second by Allen Hinkley the Town Board and Attorney returned to the regular meeting at 8:32 pm where it was stated no action was taken in Executive Session.
On motion of Gene Cronk second by Edward Raeder the meeting adjourned at 8:34 pm
THIS IS A TRUE COPY
____________________________________
Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Gene Cronk, Councilman
Edward Raeder, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman
Notice of Adoption of Resolution #84
NOTICE OF ADOPTION OF
RESOLUTION TO SELL
EASEMENT OF TOWN PROPERTY TO THE
MARGARETVILLE TELEPHONE COMPANY
NOTICE IS HEREBY GIVEN that at a regular meeting held on the 9th day of December, 2013, the Town Board of the Town of Roxbury, New York (the “Town”) duly adopted a resolution following a public hearing, an abstract of which follows, which resolution is subject to a permissive referendum pursuant to Town Law Article 7. If a permissive referendum is sought for this sale of easement of Town Property, the petition requesting a permissive referendum must be filed with the Town Clerk within 30 days from the date of this notice.
The purpose of Resolution #84 is to allow the Town of Roxbury Town Board to sell an easement for Town property to the Margaretville Telephone Company (“MTC”) in connection with MTC’s project expanding broadband service within the Town of Roxbury. In addition to the small easement fee to be paid by the MTC, the MTC will provide free internet and cable services to the Government Facilities of the Town of Roxbury.
The MTC’s “Request for Easement” and supporting documents are on file with the Town Clerk.
The Town will not incur any expense in connection with the sale of the proposed easement and completion of the proposed project will serve the best interest of the Town.
By Order of the Town Board of the Town of Roxbury
Diane Pickett, Town Clerk
Dated: Dec. 9, 2013
Town Board Special Meeting - December 27, 2013
NOTICE
The Town Board, Town of Roxbury, will hold a Special Meeting on December 27, 2013 at 4:00 pm at the Town Hall for the purpose of concluding all business for the year 2013. The Organizational Meeting will be held on January 2, 2014 at 7:30 pm at the Town Hall.
By Order of the Town Board
Diane Pickett, Town Clerk
Dated: Dec. 9, 2013
Historic Preservation Commission - October 21, 2013, Minutes
Meeting October 21, 2013
RHPC-ROXBURY HISTORIC PRESERVATION COMMISSION
Minutes
Historic Preservation Commission
Meeting October 21, 2013
Members Present are:
Doug Kadow
Phil Lenihan
Martin Lerner
Lewis Wendell
Meeting was called to order at 7:07pm
Agenda:
Application for Bodyworks sign and Historic Marker Brochure
Lewis motions to approve minutes of previous meeting after addition of application description. Doug seconds.
Application:
Lewis suggests that the proposed sign in the new application is too large. He suggests the sign be no larger than 24×24 inches. All unanimously agree to approve the application with these size restrictions.
Historic Markers:
Doug suggests that the date on the historic markers should be the biggest and most visible writing. Phil proposes there be different levels of participation. Lewis recommends having 3 uniform sizes with the amount of lines for description varying from 3-4 lines to 10 lines. He also suggests there be uniform identifying factors so people will know what information they can expect to find on these markers. The members also discussed the idea of offering a report with historical information that goes with the plaque as something that could be given to the homeowner’s in the ceremony with the plaque.
The members agreed that Lewis will make a few changes to the brochure and send to Peg Ellsworth to review. Phil will look into pricing from a manufacturer in Bloomsville.
Doug motions to adjourn and Phil seconds. All are in favor.
Meeting is adjourned at 8:05
The next RHPC meeting will be November 18, 2013 at 7:00pm.
Town Board Agenda - December 9, 2013
ROXBURY TOWN BOARD
Public Hearings
Regular Meeting
December 9, 2013
Town Hall
Call To Order
7:00 pm Public Hearing – MTC Easement
7:15 pm Public Hearing – MTC Franchise Renewal
7:30 pm Regular Meeting
Minutes
November 7th Regular meeting
Requests to Speak:
MTC Cable Franchise Renewal – Karen Munro & Glenn Faulkner
Department Reports:
Water / Sewer
Planning
Building & Grounds
Highway
Assessor
Building Inspector
Community Resources
Old Business
New Business
Letters to the Board:
Dan Sullivan, Health Officer – re: living conditions
Discussion from residents
Audits
ISSUES FOR DISCUSSION
• Resolution – Town Board has reviewed current Employee Handbook (approve or change needed)
• Resolution – Town Clerk monthly Report for November 2013
• Resolution – Supervisor’s monthly Report for October 2013
• Resolution – Assessor’s monthly report for November 2013
• Resolution – Building Inspector monthly report
• Resolution – monthly water receipts report for November 2013 (Denver-GG-Roxb)
• Resolution – Justice Court monthly report for October 2013
• Resolution – appoint 1 more person for CDBG housing program review committee
• Resolution – Building Inspector agreement
• Resolution – MTC Easement
• Resolution – MTC Franchise Renewal
• Resolution – fill vacancy on Planning Board to expire 12/31/15
• Resolution – schedule year end meeting (December 27th @ ________pm)
• Resolution – schedule Organizational Meeting (January 2nd @ _________pm)
ONGOING ISSUES
• Truck lawsuit status
ANNUAL ELECTION OF MIDDLETOWN-HARDENBURGH FIRE DISTRICT
ANNUAL ELECTION OF MIDDLETOWN-HARDENBURGH FIRE DISTRICT
PLEASE TAKE NOTICE that the Annual Election of the Middletown-Hardenburgh Fire District will take place on Tuesday, December 10, 2013 between the hours of 6:00 PM and 9:00 PM at the Margaretville Fire Station located on 1st floor, Church Street, Margaretville, NY for the purpose of electing one Commissioner for a five year term, commencing on January 1, 2014 and ending December 31, 2018.
Candidates for the District Office shall file their names with the Secretary of the Fire District, Barbara Funck, PO Box 201, Margaretville, NY 12455 no later than November 20, 2013.
Barbara Funck
Fire District Secretary
LEGAL NOTICE ANNUAL ELECTION OF THE GRAND GORGE FIRE DISTRICT
LEGAL NOTICE FOR ANNUAL ELECTION
OF THE GRAND GORGE FIRE DISTRICT
ON DECEMBER 10, 2013
NOTICE IS HEREBY GIVEN that the Annual Election of the Grand Gorge Fire District will take place on December 10, 2013 between the hours of 6:00 P.M. and 9:00 P.M. at the Grand Gorge Fire House located at 60753 State Hwy 30 South, Grand Gorge New York 12434 for the purpose of electing one Commissioner for a five (5) year term, commencing January 1, 2014 and ending December 31, 2018. Only residents registered to vote with the Delaware County Board of Elections on or before November 17, 2013 or residing in the Grand Gorge Fire District on or before November 10, 2013 shall be eligible to vote. Candidates for District Office shall file their names with the Secretary of the Grand Gorge Fire District at PO Box 5, Grand Gorge, New York, 12434, no later than November 20, 2013.
November 4, 2013
Gail Miner, Secretary
Board of Fire Commissioners
Grand Gorge Fire District
PO Box 5
Grand Gorge NY 12434
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING
Town of Roxbury, New York
NOTICE IS HEREBY GIVEN that 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 December 2013, at 7:15 p.m., regarding the Margaretville Telephone Company’s (“MTC”) Request for renewal of MTC’s Cable Franchise originally entered into on May 18, 2001. The MTC has submitted a proposed Franchise Agreement between the Town of Roxbury and MTC Cable for the next ten year period At such time and place all persons interested in the subject matter thereof will be heard concerning the same before approval as per the requirements of the Public Service Commission.
Copies of the proposed Franchise Agreement shall be available at the time of the hearing and shall be available at times prior to and after the hearing at the Town Clerk’s Office during normal business hours for the purpose of inspection or procurement by interested persons.
Dated: November 7, 2013
Roxbury, N.Y.
By Order of Town Board
Town of Roxbury
Town Board Minutes - Nov. 7, 2013
UNAPPROVED MINUTES
November 7, 2013
Two Public Hearings and the regular monthly meeting of the Town Board were held November 7, 2013 at 6:45 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Carol Murray, Highway Supt. Stephen Schuman, Attorney Kevin Young and 3 residents.
The Public Hearing on overriding the tax cap was called to order at 6:45 pm and the notice calling for the hearing was read. Attorney Young explained the purpose of the law. The floor was opened for comments.
Evelyn Irwin questioned why the Town Board would be going over the tax cap. Attorney Young explained that the Preliminary budget is close to the 1.66% tax cap this year so it is in the best interest to adopt the override in case there are errors in the tax cap formula that must be used.
With no other comments being heard the hearing closed at 6:56 pm.
The Public Hearing on the 2014 Preliminary Budget was called to order at 7:00 pm and the notice calling for the hearing was read.
Carolynn Faraci, Budget Officer, discussed additional proposed changes to the budget that include the following:
General Fund Appropriations A1110.2 Justice Equipment $1,811 decrease to $1,561; A7110.4 Parks (M-ARK Project) $7,500 increase to $15,000; A7110.4 Other Contractual $29,000 decrease to $21,500; A 9010.8 Retirement $58,332 increase to $66,640; Revenues 1081 PILOT $2,454 increase to $2,471. If approved, changes would increase the Tax Rate from $7.4285 to $7.4929. Highway Fund Appropriations DA9010.8 Retirement $91,238 increase to $103,646; Revenues 1080 PILOT $4,175 increase to $4,208. If approved, changes would increase the Tax Rate from $12.6362 to $12.7358. Denver Water District Appropriations SW8340.4 Transmission & Distribution $25,000 decrease to $18,000. If approved, the change would decrease the tax rate from $7.9332 to $6.2228.
The floor was opened to comments.
Evelyn Irwin expressed concerns with the M-ARK Project amount, cemetery costs, needing a new loader and the water/sewer operator’s salaries. It was explained the M-ARK line was a typo error, cemetery costs are staying within budget, the Hwy. Supt. already took out other equipment from the tentative budget and the water/sewer operator is on contract not payroll and much of the sewer costs are subsidized by NYCDEP.
With no other comments being heard the hearing closed at 7:22 pm.
The regular meeting was called to order at 7:30 pm. There were a total of 4 residents present.
On motion of Allen Hinkley second by Gene Cronk the minutes of the October 14th regular meeting and October 29th special meeting were approved.
AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0
Karen Munro and Glenn Faulkner of MTC Cable were present to discuss the MTC Franchise Renewal process and requirements. A public hearing will be required. The Town could require a franchise tax from MTC but chooses not to as it would be added to customer’s bills. Attorney Young will review the renewal agreement and will prepare the appropriate paperwork for the Town Board.
Robert Breglio, Assessor, stated 54% of properties have been verified for the re-val, he attended the Delaware County Assessor’s meeting and was told they are still testing RPS in house and has no set date when they will be turning it over to the Town to begin inputting data on our own, discussed the flood survey responses received where 70% of responders stated having no water in the last 10 years. FEMA will actually visit properties this time around for the updated maps. Delaware County Planning Dept. will also be sending invitations to owners in the proposed flood map areas to attend a meeting with DEC to discuss the maps. Being shown in the flood zone affects assessment. Results of the survey are on file at the Town Clerk’s Office and will also be forwarded to Delaware County Planning Dept. Mr. Breglio was commended for his work in obtaining and documenting the flood information.
Peg Ellsworth updated the Town Board on the status of HUD program applications, stated the barns have been shut down for the winter, discussed awarded grants, stated money still available for flooded homes on the New York State website, she will be speaking about the Roxbury Main St. Project for the Southern Tier Regional presentation to the Governor, and jointly with Attorney Young discussed hazard mitigation funds to organizations. Peg was commended for her work promoting Roxbury through the Southern Tier Regional Commission.
Stephen Schuman, Hwy. Supt. stated crews are getting ready for winter and reported Soil & Water Conservation will be starting stream work on Briggs Rd. shortly that was delayed due to hurricane Irene.
Supv. Hynes reported that Delaware County DPW is expecting to finish paving the Hardscrabble bridge within the next week.
Attorney Young discussed the abandonment of Saccaro and Starley Rds. due to non-maintenance and non-use for 6+ years. The Certificate of Abandonment was read.
RESOLUTION #75 – CERTIFICATE OF ABANDONMENT FOR TWO FORMER HIGHWAYS IN THE TOWN OF ROXBURY
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, the Town of Roxbury Highway Superintendent has brought before the Town Board a Certificate of Abandonment for two former Highways in the Town of Roxbury;
WHEREAS, the Town of Roxbury Highway Superintendent has certified that such Highways have not been used for six (6) years or more;
WHEREAS, the Town of Roxbury Highway Superintendent has executed the Certificate of Abandonment all in accordance with New York State Highway Law Section 205.
NOW THEREFORE BE IT RESOLVED, the Town Board hereby consents to the filing of such Certificate of Abandonment with the Roxbury Town Clerk’s Office in accordance with New York State Highway Law Section 205 and each member of the Town Board will provide his/her written consent on the Certificate of Abandonment to such filing.”
AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0
Supervisor Hynes stated that a vacancy exists on the Planning Board due to the passing of Jean D’Antoni. A person will be sought from the Grand Gorge area. Condolences are sent to the D’Antoni family.
It was reported the Powell Company will make repairs to the Grand Gorge Civic Center roof.
Evelyn Irwin questioned when the radio license is expected to be transferred. Attorney Young stated the Town has signed the agreement with WSKG but it still needs FCC approval of the transfer.
Discussion took place on repairs needed to the Transfer Station box and a hole in front of the box. Supervisor Hynes will discuss the matter with the Transfer Station Manager.
A draft revised copy of the Employee Handbook was distributed to the Town Board. The matter was tabled until they have had a chance to review the proposed changes.
On motion of Edward Raeder second by Carol Murray the Town Board approved the monthly report of the Town Clerk for October 2013 in the amount of $3,858.72 (Town Clerk $1,628.72 and Building Inspector $2,230.00)
AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0
On motion of Edward Raeder second by Carol Murray the Town Board approved the monthly report of the Supervisor for September 2013.
AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0
On motion of Edward Raeder second by Carol Murray the Town Board approved the monthly report of the Assessor for October 2013.
AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0
No monthly report was received from the Building Inspector.
On motion of Edward Raeder second by Carol Murray the Town Board approved the monthly report of the Justice Court for September 2013 in the amount of $3,687.00.
AYES – 5 Raeder, Murray, Cronk, Hinkley, Hynes
NAYS – 0
RESOLUTION #76 – RETIREMENT REPORTING DAYS
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
BE IT RESOLVED, that the Town of Roxbury hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employee’s Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body,
AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0
ABSTAIN – 0
No action was taken on appointing a fifth person to the HUD review committee.
No action was taken on the Building Inspector agreement.
RESOLUTION #77 – ROXBURY TOWN BOARD TO CONSIDER THE “REQUEST FOR EASEMENT” BY THE MARGARETVILLE TELEPHONE COMPANY AND SCHEDULING A PUBLIC HEARING FOR SAME
On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, the Margaretville Telephone Company would like to install a utility building on Town property as part of a project to expand broadband service within the Town of Roxbury;
WHEREAS, the Margaretville Telephone Company provided materials to the Town Board entitled “Request for Easement” and made a presentation before the Roxbury Town Board on October 14, 2013 in which it proposed the purchase of an easement on Town Property;
WHEREAS, as part of the proposal, the Margaretville Telephone Company would be charged a small fee for the easement by the Town of Roxbury and in turn would provide the Town Government with free internet and telephone service;
WHEREAS, the proposed project is a Type 2 project under SEQRA specifically at §617.5(c) (11) and is, therefore, not subject to SEQRA review; and
WHEREAS, the Town Board Members and the Town’s Attorney have reviewed the proposal submitted by the Margaretville Telephone Company.
NOW, THEREFORE, BE IT RESOLVED that the Town Board accepts the proposal documentation submitted by the Margaretville Telephone Company; and
BE IT FURTHER RESOLVED, that a copy of the “Request for Easement” shall be placed in the Town Clerk’s office and made available for public inspection; and
BE IT FURTHER RESOLVED, that the Town Board will hold a public hearing for consideration of the granting of the proposed easement on December 9, 2013 at 7:00 pm at the Town Hall; and
BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to publish notice of said hearing in the Catskill Mountain News, and to post copies of such notice in the manner provided by law.”
AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0
RESOLUTION #78 – ROXBURY TOWN BOARD SCHEDULING A PUBLIC HEARING FOR THE CONSIDERATION TO RENEW THE TOWN’S MAY 18, 2001 CABLE TELEVISION FRANCHISE AGREEMENT
On motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, on May 18, 2001 the New York State Public Service Commission approved the Cable Television Franchise Agreement (the “Agreement”) between Heart of the Catskills Communications, Inc. (dba MTC Cable) and the Town of Roxbury;
WHEREAS, by letter dated November 7, 2013, The Margaretville Telephone Company notified the Town of its desire for renewal of the previous 2001 Agreement;
WHEREAS, the Town’s Attorney and the Town Board have reviewed the proposed franchise agreement and the Town Board believes that it would be in the best interest of the Town to enter into the proposed renewal of the Cable Television Franchise Agreement;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board shall hold a public hearing for consideration of the proposed renewal of the Agreement to be held on December 9, 2013 at 7:15 pm at the Town Hall; and
BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to publish notice of said hearing in the Catskill Mountain News, and to post copies of such notice in the manner provided by law.
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES – 5 Cronk, Hinkley, Raeder, Murray, Hynes
NAYS – 0
On motion of Allen Hinkley second by Edward Raeder the Town Board approved reimbursement of costs for mileage to the Town Clerk for DEC training and Assessor Clerk for a Conservation Easement seminar.
AYES – 5 Hinkley, Raeder, Cronk, Murray, Hynes
NAYS – 0
Discussion took place on overriding the 2014 budget tax cap.
RESOLUTION #79 – DETERMINING THAT THERE ARE NO ADVERSE IMPACTS ON THE ENVIRONMENT FROM ADOPTION OF A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-c
On motion of Allen Hinkley second by Carol Murray the following resolution was offered and adopted:
“WHEREAS, the Town Board is adopting a Local Law to Override the Tax Levy Limit established in General Municipal Law §3-c; and
WHEREAS, the possible environmental impacts of the adoption of this Law have been considered by the Town Board;
NOW THEREFORE BE IT RESOLVED, that the Town Board has determined that the adoption of a Local Law to Override the Tax Levy Limit Established in General Municipal Law §3-c will not have significant adverse impacts on the environment; and
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES – 5 Hinkley, Murray, Raeder, Cronk, Hynes
NAYS – 0
RESOLUTION #80 – IN THE MATTER OF THE ADOPTION OF LOCAL LAW NO. 1 OF 2013 ENTITLED “LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-c
On motion of Carol Murray second by Edward Raeder the following resolution was offered and adopted:
“WHEREAS, in accordance with subdivision 5 of General Municipal Law §3-c of the State of New York which provides municipalities with the express authorization to override the tax levy limit established in General Municipal Law §3-c by passing a Local Law approved by a vote of at least sixty percent (60%) of the Town Board; and
WHEREAS, the proposed Law was presented to the Town Board at least 11 days prior to the Town Board meeting on October 14, 2013 and
WHEREAS, the Town Board adopted a resolution on October 14, 2013 scheduling a public hearing on the proposed Law for November 7, 2013; and
WHEREAS, the public hearing on the proposed Local Law was held on November 7, 2013 at the Town Hall; and
WHEREAS, the Town Board reviewed and considered all public comments received on the proposed Law; and
WHEREAS, the proposed Law was on file for inspection at the Clerk’s office prior the hearing and during the public review process; and
WHEREAS, the Town Board has issued a negative declaration under SEQRA for the proposed Local Law No. 1 of 2013 thereby complying with the mandates of the State Environmental Quality Review Act; and
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE
TOWN BOARD OF ROXBURY, DELAWARE COUNTY, NEW YORK:
The Town of Roxbury Local Law to Override the Tax Levy Limit Established in Municipal Law §3-c, being Local Law No. 1 of 2013, is hereby adopted and the Town Clerk is hereby directed to file said Local Law with the Office of the Secretary of State in accordance with State Law.
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES – 5 Murray, Raeder, Cronk, Hinkley, Hynes
NAYS – 0
On motion of Allen Hinkley second by Carol Murray the Town Board approved the following unpaid water amounts to go on the 2014 Town/County tax bills: Denver Water District $1,674.84, Grand Gorge Water District $6,377.30 and Roxbury Water District $3,960.50.
AYES – 5 Hinkley, Murray, Cronk, Raeder, Hynes
NAYS – 0
On motion of Gene Cronk second by Edward Raeder the Town Board approved the re-appointment of Wheldon Farleigh and David Cowan to the Planning Board for a 5 year term to expire 12/31/17.
AYES – 5 Cronk, Raeder, Hinkley, Murray, Hynes
NAYS – 0
Attorney Kevin Young discussed the Stipulation of Settlement for assessing NYCDEP underwater lands. Attorney Robert Beebe negotiated the agreement on behalf of several Towns in the watershed and developed a template for figuring future years. The agreement will keep the current assessment for 3 years and DEP must abide by the template for approximately 20 years without further litigation.
RESOLUTION #81 – APPROVING SETTLEMENT WITH THE CITY OF NEW YORK AND AUTHORIZING THE LAW OFFICES OF ROBERT l. BEEBE, LLC TO SIGN SETTLEMENT ON BEHALF OF THE TOWN BOARD OF THE TOWN OF ROXBURY
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
“WHEREAS, the City of New York owns and maintains real property known as the Schoharie Reservoir and identified as Tax Map Parcels 114.-1-1; 114.-1-3; and 136.-1-12 in the Town of Roxbury; and
WHEREAS, the City of New York has commenced judicial proceedings seeking reductions of the tax assessments of the reservoir parcels for the years 1999 through 2012; and
WHEREAS, the Town is represented by The Law Office of Robert L. Beebe, LLC; and
WHEREAS, counsel has recommended that these proceedings now be resolved by settlement; and
WHEREAS, the proposed settlement would provide that the City of New York would withdraw all pending proceedings relating to the reservoir, with no assessment reductions and no refunds required of the Town, and the Town would maintain the current assessments for the years 2013, 2014 and 2015; and
WHEREAS, the Town Board and the Town Assessor have reviewed the proposed settlement and find the settlement to be in the best interests of the Town;
THEREFORE, NOW BE IT RESOLVED THAT:
1. That the Town Board hereby approves the settlement; now, be it
2. That counsel is hereby authorized to sign the settlement on behalf of the Town Board.
WHEREUPON, the Resolution was put to a vote and recorded as follows:
AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0
Attorney Young also stated that a template will soon be developed for assessing the NYC DEP sewer mains in the Grand Gorge Sewer District.
All funds have now been received from FEMA for the hurricane Irene disaster.
On motion of Carol Murray second by Gene Cronk the Town Board approved the monthly report of water receipts for October 2013 in the amount of $12,370.36 (Denver Water $3,094.30; Grand Gorge Water $4,015.63; Roxbury Water $5,260.43)
AYES – 5 Murray, Cronk, Raeder, Hinkley, Hynes
NAYS – 0
John Wilson requested approval to attend the renewable energy conference at Manhattan Country School to represent the Town. No action was taken.
Discussion took place on the 2014 Preliminary budget. The Town Board agreed to all fund changes discussed in the Public Hearing. Councilman Hinkley stated speaking with KJBL Electronics, Inc. regarding the Constable car computer. It was felt that not enough accident reports or tickets are done in a year to substantiate the cost of the computer. Councilman Cronk expressed issues with having no cell service it would not work in this area.. The Board agreed to the change of line item General Fund –Appropriations A3120.2 from $7,000 to $5,000 to allow for other equipment that may be needed.
RESOLUTION #82 – APPROVE 2014 TOWN BUDGET
On motion of Edward Raeder second by Allen Hinkley the following resolution was offered and adopted:
“WHEREAS, the Town Board has discussed the changes to the 2014 Preliminary Budget as follows:
General Fund Appropriations A1110.2 Justice Equipment $1,811 decrease to $1,561; A3120.2 Constable Equipment $7,000 decrease to $5,000; A 7110.4 Parks (M-ARK Project) $7,500 increase to $15,000; A7110.4 Other Contractual $29,000 decrease to $21,500; A 9010.8 Retirement $58,332 increase to $66,640; Revenues 1081 PILOT $2,454 increase to $2,471.
Highway Fund Appropriations DA9010.8 Retirement $91,238 increase to $103,646; Revenues 1080 PILOT $4,175 increase to $4,208.
Denver Water District Appropriations SW8340.4 Transmission & Distribution $25,000 decrease to $18,000.
NOW, THEREFORE BE IT RESOLVED, the Town Board, Town of Roxbury approves amendment of the 2014 Preliminary Town Budget to reflect the above mentioned changes to the budget; and
BE IT FURTHER RESOLVED, the Town Board adopts the 2014 Budget as amended.”
AYES – 5 Raeder, Hinkley, Cronk, Murray, Hynes
NAYS – 0
On motion of Carol Murray second by Gene Cronk the bills were audited and ordered paid in the following amounts:
General #450-505 $53,970.00 Denver Sewer #107-118 $13,231.32
Highway #225-245 $41,307.40 Special Lights #115-16 $2,236.92
Roxbury Water #84-85 $3,609.03 Capital Projects:
Grand Gorge Water #92-101
$5,181.83
HUD Program
$31,805.50
Denver Water #72-79 $2,169.10 Other:
Roxbury Sewer #87-93 $7,149.74 Lake St Project $11,315.44
AYES – 5 Murray, Cronk, Raeder, Hinkley, Hynes
NAYS – 0
On motion of Edward Raeder second by Carol Murray the meeting adjourned at 8:50 pm.
______________________________
Diane Pickett, Town Clerk
Thomas S. Hynes, Supervisor
Edward Raeder, Councilman
Gene Cronk, Councilman
Allen Hinkley, Councilman
Carol Murray, Councilwoman
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING
Town of Roxbury, New York
NOTICE IS HEREBY GIVEN that 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 December, 2013, at 7:00 p.m., regarding the Margaretville Telephone Company’s (“MTC”) “Request for Easement”. The MTC has proposed the installation of a utility building on Town property as part of a project to expand broadband services within the Town of Roxbury. The proposal includes the payment of a small fee by MTC to the Town of Roxbury for the proposed easement and the provision by MTC of free internet and telephone service to the Town of Roxbury Government Facilities. At such time and place all persons interested in the subject matter thereof will be heard concerning the same.
Copies of the “Request for Easement” shall be available at the time of the hearing and shall be available at times prior to and after the hearing at the Town Clerk’s Office during normal business hours for the purpose of inspection or procurement by interested persons.
Dated: November 7, 2013
Roxbury, N.Y.
By Order of Town Board
Town of Roxbury
RESOLUTION – STANDARD WORKDAY AND REPORTING RESOLUTION
RESOLUTION – STANDARD WORKDAY AND REPORTING RESOLUTION
On motion of Allen Hinkley second by Gene Cronk the following resolution was offered and adopted:
BE IT RESOLVED, that the Town of Roxbury hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employee’s Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body,
AYES – 5 Hinkley, Cronk, Raeder, Murray, Hynes
NAYS – 0
ABSTAIN – 0
Enacted November 7, 2013