AYES 5 Walker, Hinkley, Raeder, Cronk, Hynes

December 13, 2010

The Regular Meeting of the Town Board was held December 13, 2010 at 7:30 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Stephen Walker, Hwy. Supt. Stephen Schuman, Assessor Kimberly Cammer, Building Inspector William Walcutt, Attorney Kevin Young and 3 residents.

On motion of Stephen Walker second by Allen Hinkley the Minutes of the November meeting were approved. AYES – 5 Walker, Hinkley, Raeder, Cronk, Hynes NAYS – 0

Assessor Kimberly Cammer discussed the tentative roll being on the website, stated that the Basic Star does not have to be renewed annually and now has an income cap of $500,000 that will be determined by the State, stated that data collection must be done every 3 years, she is working on a 911 address database and has historic district properties in a file.

Edward Dalski questions what the Town Board is going to do with the completed data collection. It was stated that the Town Board is not ready to do a complete re-evaluation now but the Assessor will keep data up to date for when the Board decides to use it. Costs to do a re-evaluation will be sought to be done in-house or contracted out.

Building Inspector William Walcutt stated that he is working on a list for the County for all new homes for the last 10 years.

Councilman Stephen Walker provided a description of duties for the position of Building Inspector and it was distributed to the Town Board and Building Inspector.

Supv. Hynes requested a list from the Building Inspector on Grand Gorge Sewer Extension sewer laterals installed to date.

On motion of Stephen Walker second by Edward Raeder the Town Board re-appointed Jean D’Antoni and David Zambri to another five year term each on the Planning Board, said term to expire 12/31/15. AYES – 5 Walker, Raeder, Cronk, Hinkley, Hynes NAYS – 0

RESOLUTION #106 – SITE PLAN REVIEW LAW FEES On motion of Allen Hinkley second by Stephen Walker the following resolution was offered and adopted: “WHEREAS the Town Board adopted Local Law #2 of the year 2010 entitled Site Plan Review Law; and “WHEREAS the Town Planning Board shall review all applications received for review under the law; and “WHEREAS the law allows for an application fee; NOW THEREFORE BE IT RESOLVED the application fees shall be as follows: $50 for expansion to an existing structure and $150 for a new structure; and BE IT FURTHER RESOLVED that said fees shall take effect immediately. AYES – 4 Hinkley, Walker, Raeder, Hynes NAYS – 1 Cronk

Supv. Hynes stated that the Hubbell Corners Sewer Project has been completed and property owners have been notified that they can begin installing lateral lines.

RESOLUTION #107 – RELEASE RETAINAGE TO OSTERHOUDT On motion of Edward Raeder second by Stephen Walker the following resolution was offered and adopted: “WHEREAS, H. Osterhoudt was previously retained by the Town Board to provide services in connection with the Hubbell Corners sanitary sewer extensions project; and WHEREAS, the Town’s consultant, Lamont Engineers, has notified the NYCDEP that the Town of Roxbury has met all of its obligations under the Identified Community Agreement; and WHEREAS, the NYSDEC has accepted the certification of functional completion dated September 7, 2010; and WHEREAS, by letter dated December 9, 2010, NYCDEP has certified that the 5% retainage withheld under the Identified Community Agreement can be released to H. Osterhoudt Excavating. THEREFORE, NOW BE IT RESOLVED THAT: The Town Board approves of payment of the 5% retainage to H. Osterhoudt Excavating in the amount of $54,469.22.” AYES – 5 Raeder, Walker, Cronk, Hinkley, Hynes NAYS – 0 The Board received a written report from Peg Ellsworth on grants and Kirkside Park. Attorney Kevin Young discussed the NYCDEP land acquisition settlement terms.

RESOLUTION #108 – NYC DEP LAND ACQUISITION SETTLEMENT On motion of Stephen Walker second by Thomas Hynes the following resolution was offered and adopted: “ WHEREAS, in July, 2007, the United States Environmental Protection Agency (“EPA”) issued a filtration avoidance determination (“2007 FAD”) which required New York City Department of Environmental Protection (“DEP”) to invest $240 million of additional funds to acquire land within the New York City Watershed ( the “Phase II Land Acquisition Program”); and WHEREAS, the Coalition of Watershed Towns (“CWT”) together with the Towns of Hamden and Roxbury commenced an Article 78 proceeding in the Supreme Court of Delaware County against New York City DEP to annul a Negative Declaration under the New York State Environmental Quality Review Act (“SEQRA”) that was issued by DEP for the Land Acquisition Program Phase II; and WHEREAS, the 2007 FAD required DEP to submit a completed updated new Land Acquisition Program Plan by September 2009 and an updated permit application for a new Water Supply Permit by January 2010. The 2007 FAD also indicated that the new Water Supply Permit would be subject to the State Environmental Quality Review Act; and WHEREAS, in lieu of litigation, the parties to the litigation (including Delaware County and the Town of Roxbury) entered into negotiations with NYCDEP, Riverkeeper, Open Space, Catskill Center, NRDC, DEC, EPA and DOH to negotiate the terms and conditions of the Phase II Land Acquisition Program; and WHEREAS, these parties (including NYCDEP) agreed to work in good faith to reach a compromise on the terms and conditions of the Phase II Land Acquisition Program. In order to ensure a resolution acceptable to all parties, all other stakeholders were invited to participate in the discussions; and WHEREAS, after approximately three years of discussions, the parties have now reached agreement on the terms and conditions of a Water Supply Permit and a Side Agreement; and WHEREAS, the Side Agreement and the draft Water Supply Permit contain the conditions requested by the Coalition of Watershed Towns, Delaware County, the Town of Roxbury and CWC; and WHEREAS, the Town Attorney has participated and has been very active in the negotiations and recommends settlement in lieu of litigation; and WHEREAS, the Board has been provided detailed summaries of the terms and conditions of settlement, copies of the settlement documents and has had an opportunity to discuss it with the Town Attorney; and WHEREAS, Section 22 of the Side Agreement provides as follows: Coalition of Watershed Towns, et al . v. City of New York, et al . Based on the terms and commitments set forth in this Agreement, and so long as the terms of the Draft Permit reflect the agreements negotiated by the Parties, CWT and the Towns of Roxbury and Hamden will withdraw their pending Article 78 Petition and Complaint with prejudice on or before [TBD]. CWT, Roxbury, and Hamden will continue to consent to adjournments of that litigation until the litigation is withdrawn. In the event that the litigation is not withdrawn, the CWT, Roxbury, and Hamden will agree to a return date such that the City’s and DOH’s opposition papers are due no earlier than [TBD]. NOW THEREFORE BE IT RESOLVED, the Town Board by this resolution, authorizes the Supervisor to execute the Side Agreement conditioned on the Water Supply Permit being issued by DEC consistent with the Side Agreement and the draft Water Supply Permit attached thereto and upon notification from the Town Attorney that the Side Agreement is in a final acceptable form for execution.” AYES – 5 Walker, Hynes, Cronk, Raeder, Hinkley NAYS - 0

A letter was received from Donald Bouton, Executor of the Richard Bouton estate, requesting that the Town Board to keep the farm property out of the hamlet designation for the hamlet of Roxbury.

A letter was received from the Wilson Family Trust requesting the Town Board keep the property at Tax Map #179.-1-1.8 out of the hamlet designation for the hamlet of Roxbury.

Sealed bids for the purchase of a 2011 Backhoe were advertised and opened on December 13, 2010 at 2:00 pm at the Town Hall. A total of two bids were received and were as follows: Vendor Name Bid Price Model Southworth-Milton Inc. $150,952 Caterpillar 450E Nortrax $138,996 John Deere 710J On motion of Gene Cronk second by Edward Raeder the Town Board awarded the bid for a 2011 Backhoe to Nortrax at a cost of $138,996. Said equipment shall be purchased per the 2011 Town Budget and shall be delivered between 1/1/11 and 3/1/11. AYES – 5 Cronk, Raeder, Hinkley, Walker, Hynes NAYS – 0

Sealed bids for the sale of a 1995 Ford F350 Flatbed Pickup were advertised and opened December 13, 2010 at 2:05 pm at the Town Hall. A total of two bids were received and were as follows: Bidder Bid Price Ralph Sprague $350.00 Harold Peters $450.50 On motion of Stephen Walker second by Allen Hinkley the Town Board awarded the bid to Harold Peters at a price of $450.50. AYES – 5 Walker, Hinkley, Cronk, Raeder, Hynes NAYS – 0

Highway Supt. Stephen Schuman discussed two trucks with engine problems and options to repair. Supt. will get the vehicle warranty paperwork to the attorney to review.

On motion of Allen Hinkley second by Gene Cronk the Town Board approved the November 2010 Town Clerk’s Report in the amount of $3,804.06 (Town Clerk $2,629.06 and Building Permits $1,175.00) AYES – 5 Hinkley, Cronk, Raeder, Walker, Hynes NAYS – 0

On motion of Edward Raeder second by Stephen Walker the Town Board approved the transfer of an amount up to $8,000 from General Fund to Capital Projects if needed to cover costs for Grand Gorge Water District portion of GIGP Water Project bills for December. Said funds shall be reimbursed to General fund upon receipt of funds from NYSEFC. AYES – 5 Raeder, Walker, Cronk, Hinkley, Hynes NAYS – 0

On motion of Gene Cronk second by Allen Hinkley the Town Board approved the transfer of $3,000 from Capital Projects Construction funds to General Fund as reimbursement for the Parks Clerk as paid by grant funds. AYES – 5 Cronk, Hinkley, Raeder, Walker, Hynes NAYS – 0

RESOLUTION #109 – GIGP WATER PROJECT CHANGE ORDER 3.1 On motion of Allen Hinkley second by Stephen Walker the following resolution was offered and adopted: “WHEREAS, Ramsco Inc. was previously retained by the Town Board to provide services in connection with the Green Innovation Grant Program Project; and WHEREAS, the Roxbury Town Supervisor received Change Order No. 3.1 dated December 2, 2010 requesting an extension of six (6) months time to the original contract to complete the installation of water meters in the Roxbury and Grand Gorge water districts; and WHEREAS, the Town Board has considered and agreed to the request for a six (6) month extension due to the reasons cited Change Order No. 3.1. NOW THEREFORE BE IT RESOLVED THAT: The Town Board of the Town of Roxbury approves the request for a six (6) month extension to the Ramsco Inc. contract.” AYES - 5 Hinkley, Walker, Raeder, Cronk, Hynes NAYS – 0

RESOLUTION #110 – GIGP WATER PROJECT CHANGE ORDER 3.2 O n motion of Gene Cronk second by Allen Hinkley the following resolution was offered and adopted: “WHEREAS, Cowan Excavation, LLC was previously retained by the Town Board to provide services in connection with the Green Innovation Grant Program Project; and WHEREAS, the Roxbury Town Supervisor received Change Order No. 3.2 dated December 2, 2010 requesting an increase in the amount of $16,250 that would result in a total contract amount of $139,958 to complete the installation of water meters in the Roxbury and Grand Gorge water districts; and WHEREAS, the Town Board has considered and agreed to the request for an increase in total contract due to the reasons cited in Change Order No. 3.2. NOW THEREFORE BE IT RESOLVED THAT: The Town Board of the Town of Roxbury approves the request for a contract increase in the amount of $16,250 for a total contract amount of $139,958.” AYES – 5 Cronk, Hinkley, Raeder, Walker, Hynes NAYS – 0

RESOLUTION #111 - GIGP WATER PROJECT CHANGE ORDER 4.1 On motion of Edward Raeder second by Stephen Walker the following resolution was offered and adopted: “WHEREAS, Ramsco, Inc. was previously retained by the Town Board to provide services in connection with the Green Innovation Grant Program Project; and WHEREAS, the Roxbury Town Supervisor received Change Order No. 4.1 dated December 10, 2010 requesting a decrease in the amount of $2,092.74 that would result in a total contract amount of $115,792.63 to complete the installation of water meters in the Roxbury and Grand Gorge water districts; and WHEREAS, the Town Board has considered and agreed to the request for a decrease in total contract due to the reasons cited in Change Order No. 4.1. NOW THEREFORE BE IT RESOLVED THAT: The Town Board of the Town of Roxbury approves the request for a contract decrease in the amount of $2,092.74 for a total contract amount of $115,792.63.” AYES – 5 Raeder, Walker, Cronk, Hinkley, Hynes NAYS – 0

RESOLUTION #112 - GIGP WATER PROJECT CHANGE ORDER 4.2 On motion of Allen Hinkley second by Edward Raeder the following resolution was offered and adopted: “WHEREAS, Cowan Excavation, LLC was previously retained by the Town Board to provide services in connection with the Green Innovation Grant Program Project; and WHEREAS, the Roxbury Town Supervisor received Change Order No. 4.2 dated December 10 2010 requesting an increase in the amount of $481.00 that would result in a total contract amount of $140,439.00 to complete the installation of water meters in the Roxbury and Grand Gorge water districts; and WHEREAS, the Town Board has considered and agreed to the request for an increase in total contract due to the reasons cited in Change Order No. 4.2. NOW THEREFORE BE IT RESOLVED THAT: The Town Board of the Town of Roxbury approves the request for a contract increase in the amount of $481.00 for a total contract amount of $140,439.00.” AYES – 5 Hinkley, Raeder, Cronk, Walker, Hynes NAYS – 0

RESOLUTION #113 – JUSTICE FUND 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 the records of the Town Justice Court for the year 2009 have been audited by the firm of Sickler, Torchia, Allen & Churchill, CPA, PC pursuant to Section 2019-a of the Uniform Justice Court Act; and BE IT FURTHER RESOLVED that said audit report shall be filed with the State of New York Unified Court System.” AYES – 5 Hinkley, Raeder, Cronk, Walker, Hynes NAYS - 0

RESOLUTION #114 – RENEW HWY. SHARED SERVICES AGREEMENT On motion of Edward Raeder second by Stephen Walker the following resolution was offered and adopted: “ WHEREAS, all municipalities, including the Town of Roxbury have the power and authority to contract for the purpose of renting, leasing, exchanging, borrowing or maintaining of machinery and equipment, with or without operators, with other municipalities, and; WHEREAS, all municipalities, including the Town of Roxbury have the power and authority to borrow or lend materials and supplies to other municipalities, and; WHEREAS, it is hereby determined that the Town of Roxbury and other municipalities have machinery and equipment which is not used during certain periods, and WHEREAS, it is determined that the Town of Roxbury and other municipalities have materials and supplies on hand which are not immediately needed, and; WHEREAS, it is hereby determined that by renting, borrowing, exchanging, leasing or maintaining highway machinery and equipment and the borrowing or lending of materials and supplies, the Town of Roxbury and other municipalities may avoid the necessity of purchasing certain needed highway machinery and equipment and the purchasing of or storing a large inventory of certain materials and supplies, thereby saving the taxpayers money, and; WHEREAS, it is recognized and determined, from a practical working arrangement, that no program of borrowing, exchanging, leasing, renting or maintaining of highway machinery and equipment or borrowing or lending of materials can be successful if each individual arrangement or agreement has to receive prior approval by the Town of Roxbury governing board and the governing board of each of the other municipalities which may be parties to such agreements, since such agreements must often be made on short notice and at times when the governing boards are not in session, and; WHEREAS, it is incumbent upon each municipality to design a simple method whereby materials and supplies, equipment and machinery, including the operators thereof, may be obtained or maintained with the minimum of paperwork and inconvenience and with a swift approval process, and; WHEREAS, it is the intent of this Town of Roxbury to give the head of the highway department the authority to enter into renting, exchanging, borrowing, lending or maintaining arrangements with the persons serving in similar capacities in other municipalities without the necessity of obtaining approval of the Town of Roxbury governing board prior to the making of each individual arrangement, and; WHEREAS, a standard contract has been prepared which is expected to be adopted and placed into effect in other municipalities, and will grant the person holding the position comparable to that of the head of the highway department, authority to make similar arrangements, and; WHEREAS, it is hereby determined that it will be in the best interests of the Town of Roxbury to be a party to such shared services arrangements; NOW THEREFORE BE IT RESOLVED that the Town Supervisor of Roxbury is hereby authorized to sign on behalf of the Town, a contract for shared highway services to include the Town of Middletown, Town of Stamford, Town of Harpersfield, Town of Gilboa, Village of Delhi and County of Delaware. BE IT FURTHER RESOLVED this resolution shall take effect immediately, and BE IT FURTHER RESOLVED the Town Clerk is authorized and directed to file a copy of the contract set forth in this resolution with the chief executive officer of the aforementioned municipalities.” AYES – 5 Raeder, Walker, Cronk, Hinkley, Hynes NAYS – 0

On motion of Gene Cronk second by Allen Hinkley the Town Board will hold a Special Meeting on December 28, 2010 at 4:00 pm at the Town Hall for the purpose of concluding all business for the year 2010 and will hold an Organizational Meeting on January 3, 2011 at 7:30 pm at the Town Hall. AYES – 5 Cronk, Hinkley, Raeder, Walker, Hynes NAYS – 0

The Annual Association of Towns meeting will be held February 20-23, 2011 in New York City.

William Walcutt offered his help with snowplowing this winter if needed.

On motion of Allen Hinkley second by Gene Cronk the Town Board approved a transfer of $23,420.91 from General Fund to Capital Projects for radio station costs. Said funds shall be reimbursed to General Fund upon receipt of grant funds. AYES – Hinkley, Cronk, Raeder, Walker, Hynes NAYS – 0

On motion of Edward Raeder second by Allen Hinkley the bills were audited and ordered paid in the following amounts: General #495-540 $67,570.40 Special Lights #15-17 $4,641.82 Highway #280-310 $97,916.10 Capital Projects: Roxbury Water #88-100 $5,167.72 Radio Station #109-110 $35,428.56 Grand Gorge Water #104-113 $2,003.94 Hubb. Corn. Sewer #111-112 $2,289.77 Denver Water #77-87 $2,016.13 GIGP Water Proj #113-117 $17,070.29 Roxbury Sewer #101-112 $7,553.46 Kirkside Park Prog. $781.61 Denver Sewer #123-138 $18,387.36 AYES – 5 Raeder, Hinkley, Cronk, Walker, Hynes NAYS – 0

On motion of Edward Raeder second by Gene Cronk the meeting adjourned at 8:40 pm.

THIS IS A TRUE COPY

______Diane Pickett, Town Clerk Thomas S. Hynes, Supervisor Gene Cronk, Councilman Edward Raeder, Councilman Allen Hinkley, Councilman Stephen Walker, Councilman

****************************************** December 28, 2010 The Year End meeting of the Town Board was advertised and held December 28, 2010 at 4:00 pm at the Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward Raeder, Allen Hinkley and Stephen Walker, Highway Supt. Stephen Schuman and 1 resident.

Highway Supt. Stephen Schuman reported on the two trucks down with engine repairs and using William Walcutt for snowplowing as needed.

On motion of Allen Hinkley second by Edward Raeder, effective immediately, the Town Board hires William Walcutt as needed for plowing at a highway laborer rate of $16.85/hr for 2010 and $17.35/hr for 2011. AYES – 5 Hinkley, Raeder, Cronk, Walker, Hynes NAYS – 0

Peg Ellsworth updated the Board on the Golden Seal building renovations, thanked the Highway Dept. during the process, stated that a ribbon cutting will be 1/20/11, discussed new Main St. program due to new businesses coming to Main St.

On motion of Gene Cronk second by Stephen Walker the Town Board approves the transfer of $500 from General Fund to Capital Project for Radio Station costs on Abstract #12A. Said funds shall be reimbursed to General Fund upon receipt of grant funds. AYES – 5 Cronk, Walker, Raeder, Walker, Hynes NAYS – 0

On motion of Allen Hinkley second by Gene Cronk the Board approved final budget transfers and amendments for 2010. AYES – 5 Hinkley, Cronk, Raeder, Walker, Hynes NAYS – 0

The annual Organizational Meeting will be held January 3, 2011 at 7:30 pm at the Town Hall.

Supv. Hynes stated that the Lake St. project land acquisition has been completed. The Board also discussed other Lake St. project work.

Montgomery Hollow project work will commence in the Spring of 2011.

On motion of Edward Raeder second by Gene Cronk the bills were audited and ordered paid in the following amounts: General #541-556 $16,329.54 Roxbury Sewer #113-118 $1,266.16 Highway #311-324 $20,815.47 Denver Sewer #139-142 $433.54 Roxbury Water #101-105 $430.54 Capital Projects: Grand Gorge Water #114-118 $488.71 Radio Station #121 $500.00 Denver Water #88-93 $340.47 AYES – 5 Raeder, Cronk, Hinkley, Walker, Hynes NAYS – 0

On motion of Allen Hinkley second by Gene Cronk the meeting adjourned at 4:35 pm.

THIS IS A TRUE COPY

------Diane Pickett, Town Clerk Thomas S. Hynes, Supervisor Gene Cronk, Councilman Edward Reader, Councilman Allen Hinkley, Councilman Stephen Walker, Councilman