Town Board – Meeting Minutes July 12, 2010 July 12, 2010

The regular meeting of the Town Board was held July 12, 2010 at 7:30 pm at the Town Hall. Present: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Stephen Walker, Hwy. Supt. Stephen Schuman, Assessor Kimberly Cammer, Attorney Kevin Young and 13 residents.

On motion of Edward Raeder second by Allen Hinkley the Minutes of the June 2010 meeting were approved.

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

Mike Jonker of Lamont Engineers discussed Denver Sewer issues that include the replacement of micro filtration unit membranes at a cost of $18,900 and requested approval of a micro filtration unit preventive maintenance contract with Siemans Water Technologies at an annual cost of $8,500. NYCDEP requested the maintenance contract and both costs shall be the responsibility of NYCDEP.

Jonker also discussed what would be needed to start using the Roxbury springs on Vega Mountain. NYS Dept. of Health (DOH) made the district disconnect the springs last fall because of the influence of groundwater. A required plan and testing of the springs may take 18+ months to complete and then there is no guarantee that DOH will allow the use of them. The Board will allow the engineer to put together a plan and costs and Cowan will be contacted to look at the springs with the engineer.

RESOLUTION #76 – CONTRACT WITH SIEMANS FOR DENVER SEWER

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

“WHEREAS, the Town Board of Roxbury (“Board”);

WHEREAS, the Denver Run Sewer District owns and maintains a Wastewater Treatment Plant;

WHEREAS, the Denver Run Sewer District’s Wastewater Treatment Plant has a micro filtration unit is manufactured and supplied by Siemans Water Technology, Inc.;

WHEREAS, the micro filtration is required under the New York City Department of Environmental Protection Watershed Rules and Regulations;

WHEREAS, the New York City Department of Environmental Protection is responsible for the cost of operating and maintaining the micro filtration unit;

WHEREAS, the New York City Department of Environmental Protection has requested that the Town retain Siemans Water Technology for annual maintenance of the micro filtration unit.

THEREFORE, NOW BE IT RESOLVED: The Town Board of the Town of Roxbury authorizes the Town Supervisor to execute the Preventive Maintenance Contract for the Denver Sewer District with Siemans Water Technology in the amount of $8,500.” AYES – 5 Cronk, Raeder, Hinkley, Walker, Hynes NAYS – 0

Doug VanDusen of Lamont Engineers discussed the status of the Hubbell Corners Sewer project where it is almost ready for functional completion and has just minor punch list items left to complete. The Board discussed using leftover project funds as reimbursement to owners for lateral costs, however, a specific amount will not be known until all project costs are expended.

Assessor Kimberly Cammer stated that she received only 5 residential complaints on Grievance Day, the tentative EQ Rate is 28% and doesn’t expect the Final to change, the final tax roll is out, the State Office of Real Property and the State Taxation & Finance departments have merged to save money, discussed re-imbursements should the Town conduct an assessment re-evaluation, tax rolls on websites as of 1/1/11 and distributed the State’s new uniform assessment standards to the Board that she will discuss further with them at a later meeting.

Peg Ellsworth stated that Locust Grove was now doing the Town’s website as Ed Kirstein declined, discussed grant applications, grant work, requested a SEQRA negative declaration on the stream bank restoration in the Park, and discussed the application for Soil & Water Conservation on Vega Man. stream.

RESOLUTION #77 – NEG DEC PARK STREAMBANK

On motion of Allen Hinkley second by Stephen Walker the following resolution was offered and adopted:

“WHEREAS, the Town has applied for and obtained grant funding to perform stream bank restoration work at Kirk side Park;

WHEREAS, stream bank restoration has been an ongoing effort of the Town at Kirk side Park;

WHEREAS, stream bank restoration will be performed in accordance with best management practices;

WHEREAS, stream bank restoration will reduce the potential for turbidity within the stream;

WHEREAS, stream bank restoration will improve the character of the park and be consistent with its existing and historical use;

WHEREAS, the possible environmental impacts of the Kirk side Park stream bank restoration have been considered by the Town Board; and

NOW< THEREFORE BE IT RESOLVED, that the Town Board has determined that the Kirkside Park stream bank restoration will not have significant adverse impacts on the environment, and

BE IT FURTHER RESOLVED, that the Town Board authorizes the Supervisor to take such further steps as might be necessary to discharge the Board’s responsibility as lead agency for this action including, but not limited to, the issuance of a negative declaration consistent with this resolution.”

AYES – 5 Hinkley, Walker, Raeder, Cronk, Hynes NAYS – 0 Hwy. Supt. Stephen Schuman discussed work completed to date, stated the new trucks should arrive soon, and stated that the tree cutters may return in the fall. The highway crew was commended for the good work that they have been doing.

Discussion took place on concerns with the draft site plan law raised by comments from Councilmen Hinkley and Walker and Attorney Young. They would like to see the law apply more to commercial projects rather than residential. The County/Town Planning departments are to make changes to include those concerns and present the Town Board with an amended version before a Public Hearing will be held.

Supv. Hynes stated that the State Hwy. 23 sewer extension in Grand Gorge should be hooked up to the existing line within a couple of weeks. Most of the laterals are in also.

An open house was held for Lake St./Ridge Rd. Spur residents affected by the proposed drainage project for that area. A second appraisal on proposed land acquisition for the project has been forwarded to CWC for review.

Sealed bids for the Montgomery Hollow Streambank work were opened on June 23, 2010 at 11:30 am at the Town Hall. A total of three bids were received and were as follows:

Contractor Bid Price Hubbell Inc. $84,292.00 Walcutt/Hinkley Excavating $88,998.00 Cowan Excavating LLC $97,802.50

RESOLUTION #78 – AWARD MONTGOMERY HOLLOW STREAM BID

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

“WHEREAS, the Town of Roxbury (“Town”) previously solicited bids to retain the services of a contractor for the construction of the Montgomery Hollow Streambank Stabilization project located in Hubbell Corners; and

WHEREAS, the Town Board has reviewed and accepted the bid submitted by Hubbell Inc. as the lowest responsive bidder, contingent upon the procurement of the required insurance coverage; and

WHEREAS, the Town Board wishes to move forward with the Montgomery Hollow Streambank Stabilization project.

THEREFORE< NOW BE IT RESOLVED THAT the Town Board of the Town of Roxbury authorizes the Supervisor to enter into a contract with Hubbell Inc. for the construction of the Montgomery Hollow Streambank Stabilization upon receipt of the required insurance coverage documentation from Hubbell Inc.”

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

Maureen Sauveur questioned if the work being done to repave State Hwy. 23 East will include erecting signs for speed and pedestrian crossing in front of the Hitching Post. Supervisor Hynes will contact State DOT regarding the matter. Sean and Christine O’Shaughnessy of Bridge St. expressed concerns with the noise being made by neighbors next to them who are using chainsaws and wood splitters several hours a day and sometimes late into the night. They requested the Board’s assistance to see what could be done. Atty. Young will look into the matter.

A letter was received from Barbara Davis requesting a change from 2 family to single family residence status for the Roxbury Sewer due to modifications inside her home.

RESOLUTION #79 – CHANGE DAVIS FROM 2 FAMILY TO SINGLE FAMILY RESIDENCE

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

“WHEREAS, the Town Board of the Town of Roxbury adopted Local Law No. 2 of the Year 2009 entitled “Sewer Use Law”; and

WHEREAS, the Sewer Use Law provides for the assessment of sewer use charges to all residents and commercial establishments within the Roxbury Sewer District; and

WHEREAS, the initial sewer use charge assessed resident Barbara Davis was based upon the connection of two (2) units to the Roxbury Sewer District; and

WHEREAS, Barbara Davis has advised the Town Board that, as of 2011, there will only be one (1) unit connected to and operating within the Roxbury Sewer District and has therefore requested a decrease in her sewer use charges beginning in 2011.

THEREFORE, NOW BE IR RESOLVED THAT the Town Board of the Town of Roxbury authorizes the Town Clerk to modify the sewer use charge of Barbara Davis to reflect the decrease of usage from two (2) units to one (1) unit as of January 1, 2011.”

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

Rehabilitation on the Golden Seal building is expected to start soon.

Atty. Young discussed the watershed land acquisition lawsuit that the Town of Roxbury is party to and stated that it is close to resolution where the Town will then drop out.

An Executive Report has been received on Delaware County Solid Waste facility.

A letter was received from the Delaware County Fair thanking the Town for the $500 donation to help rebuild the horse barn.

RESOLUTION # 80 – TOWN CLERK MONTHLY REPORT

On motion of Allen Hinkley second by Stephen Walker the following resolution was offered and adopted:

“RESOLVED the Town Board approves the June 2010 Town Clerk monthly report in the amount of $1,732.99 (Town Clerk $637.99 and Building Permits $1,095.00).” AYES – 5 Hinkley, Walker, Raeder, Cronk, Hynes NAYS – 0

RESOLUTION #81 – ROXBURY MOTEL LIQUOR LICENSE

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

“RESOLVED the Town Board has no objection to a liquor license being issued to The Roxbury Motel, 2289 Bridge St., Roxbury, NY; and

BE IT FURTHER RESOLVED the Town Board approves waiving the 30 day hold on the issuance of said license.”

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

RESOLUTION #82 – ADD V/DELHI TO SHARED SERVICES AGREEMENT

On motion of Edward Raeder second by Stephen Walker the following resolution was offered and adopted:

“WHEREAS, the Town Board, adopted a resolution on December 28, 2005 authorizing the Town of Roxbury Chief Executive Officer to execute a contract for shared highway services to permit the Roxbury highway department head to share services with the highway department head in other municipalities; and

WHEREAS, said contract includes shared services with the Town of Stamford, Town of Middletown, Town of Gilboa, Town of Harpersfield and the County of Delaware; and

WHEREAS, said contract expires on December 28, 2010;

NOW THEREFORE BE IT RESOLVED, effective immediately, the Town Board, Town of Roxbury, amends the contract to also include shared services with the Village of Delhi.”

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

RESOLUTION #83 – HUMANE SOCIETY AGREEMENT

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

“RESOLVED the Town Board approves the terms of a contract with Heart of the Catskills Humane Society at $40 per dog and $5/cat; and

BE IT FURTHER RESOLVED the Town Board authorizes the Supervisor to execute said contract on behalf of the Town.”

AYES – 5 Hinkley, Raeder, Cronk, Walker, Hynes NAYS – 0 A reminder was given that the next regular meeting of the Town Board will be held at the Grand Gorge Civic Center at 7:30 pm.

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

General #259-297 $19,665.71 Special Lights #9 $2,073.71 Highway #174-195 $104,425.34 Capital Projects: Roxbury Water #43-49 $3,291.93 Hubbell Corners Sewer #49-50 $98,694.65 Grand Gorge Water #52-61 $33,743.66 GIGP Water Proj. #51-54 $22,365.82 Denver Water #40-45 $1,489.00 Kirkside Park Construction #55 $1,600.00 Roxbury Sewer #52-62 $13,630.52 Kirkside Park Programs #56-57 $225.00 Denver Sewer #62-71 $45,874.53

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

On motion of Gene Cronk second by Edward Raeder the meeting adjourned at 9:20 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 Stephen Walker, Councilman