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					Town Board Meeting Minutes –
January 21, 2010

A Public Hearing and Special Meeting of the Town Board was held on January 21, 2010 at the
Town Hall. Present were: Supervisor Thomas S. Hynes, Councilmen Gene Cronk, Edward
Raeder, Allen Hinkley and Stephen Walker, Attorney for the Town Kevin Young and 6 residents.

The Public Hearing was called to order at 7:00 pm where the notice calling for the public hearing
was read regarding adoption of a Local Water Supply Law for the Roxbury and Grand Gorge
Water Districts.

Attorney Kevin Young discussed how the proposed law came about and the need for the law
stating water conservation measures which would include the installation of meters. However, it
is not expected that fees will be charged per the meters for at least two years after installation.

Lee Buchar questioned some of the wording in the proposed law which Atty. Young responded to.

David Cowan questioned future breaks occurring under the road where the Board responded that
adjustments may have to be made to charges under certain circumstances.
 With no other
comments the hearing closed at 7:35 pm.

The Special Meeting was called to order at 7:36 pm.

Peg Ellsworth discussed grant status, scheduled work, discussed the NYSERDA Application
stating that depending on the cost of work involved the Town may have a better chance at funding
through local agencies, requested a resolution for the L-TAP application to CWC and discussed
updating the Comp Plan. Supervisor Hynes will get NYSERDA costs together for a possible
application.

RESOLUTION #27 - APPLICATION TO CWC LTAP PROGRAM
 On motion of Allen Hinkley,
second by Stephen Walker the following resolution was adopted:


“RESOLVED that the Town Board, Town of Roxbury authorizes an application to the CWC LTAP
Program not to exceed $25,000 to be used for the update to the Town’s Comprehensive Plan;
and


BE IT FURTHER RESOLVED the Town Board authorizes the Town Supervisor to enter into
contract for receipt of funds and to administer the project.”


AYES – Hinkley, Walker, Cronk, Raeder, Hynes

NAYS – 0

RESOLUTION #28 – ADOPT LOCAL LAW #1 OF 2010 ENTITLED WATER SUPPLY LAW
 On
motion of Edward Raeder second by Allen Hinkley the following resolution was adopted:


“WHEREAS, the Town Board for the Town of Roxbury adopted a Local Ordinance on November
7, 2002 governing the operation of the Roxbury and Grand Gorge Water Districts; and


WHEREAS, the Town Board has determined that certain changes in the Local Ordinance were
necessary or convenient to its implementation; and

WHEREAS, the proposed Local Water Supply Law was presented to the Town Board at least 11
days prior to the Town Board meeting on November 19, 2009; and


WHEREAS, the Town Board adopted a resolution on December 28, 2009 scheduling a public
hearing on the proposed Local Water Supply Law for January 21, 2010; and


WHEREAS, the public hearing on the proposed Local Water Supply Law was held on January 21,
2010 at the Town Hall; and


WHEREAS, the Town Board reviewed and considered all public comments received on the
proposed Local Water Supply Law; and


WHEREAS, the Town Board has caused to be prepared a Short Environmental Assessment Form
(EAF) pursuant to the mandates for the State Environmental Quality Review Act (ECL Article8 and
6 NYCRR Part 617) for the proposed Local Water Supply Law; and


WHEREAS, the Town Board has duly considered the contents of the EAF for the proposed Local
Water Supply Law and completed Parts 2 and 3 thereof; and


WHEREAS, the Town Board has identified the relevant areas of environmental inquiry and taken
a hard look at them for the proposed Local Water Supply Law; and


WHEREAS, the Town Board has issued a negative declaration under SEQRA for the proposed
Local Water Supply Law 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:


1. That Roxbury Local Ordinance adopted on November 7, 2002 is hereby, repealed and


2. That the new Town of Roxbury Local Water Supply Law, being Local Law No. 1 of 2010, 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.”


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

NAYS – 0

RESOLUTION # 29 - OPPOSITION TO THE NEW YORK STATE ATTORNEY GENERAL’S
ACTIONS ON HEALTH CARE FACILITIES WITHIN THE NEW YORK CITY
WATERSHED
 “WHEREAS, on January 12, 2010, the New York State Attorney General Andrew
Cuomo held a press conference in New York City and invited the environmental community to join
with him in announcing an alleged victory for water quality protection at the expense and to the
detriment of four health care facilities located in the New York City Watershed West-of-Hudson;
and


WHEREAS, the Attorney General claimed these facilities were illegally disposing of excess
pharmaceuticals into the New York City Water Supply when they followed the guidance from the
Bureau of Narcotics which required excess pills to be disposed of on-site; and


WHEREAS, these facilities were managing and disposing of their pharmaceuticals in a manner
consistent with all other health care facilities in New York State; and

WHEREAS, in order to further his political ambitions, he portrayed these facilities to the national
media as willing and uncaring polluters; and


WHEREAS, no national or state water quality standards exist for pharmaceuticals; and


WHEREAS, the Food and Drug Administration states that the “majority of medicines found in the
water system are a result of the body’s natural routes of drug elimination (in urine and feces).
Scientists, to date, have found no evidence of harmful effects to human health from medicines in
the environment” (January 2010); and


WHEREAS, these health care facilities met and cooperated with the Attorney General’s
Watershed Inspector General under the false impression that the Attorney General was
conducting a survey to assist in developing a method of managing excess pharmaceuticals in a
safe, affordable and environmentally sound manner; and


WHEREAS, based upon the information his office collected under false pretenses, the Attorney
General’s office served these facilities enforcement papers threatening them with litigation and
fines of $37,500 per day unless they complied with the Attorney General’s demands; and


WHEREAS, the Attorney General ignored the obligations under the 1997 Memorandum of
Agreement for all watershed parties to resolve watershed issues in good faith and in cooperation
with each other; and


WHEREAS, the Attorney General ignored the New York State Department of Health and
Environmental Conservation statewide working group that is currently developing new guidelines
to assist facilities in disposing of pharmaceuticals in a more effective and environmentally
sensitive way without violating the narcotic laws; and


WHEREAS, health care facilities in the New York City Watershed were targeted and discriminated
against by the Attorney General when his office created and applied a standard that does not
exist state-wide for blatant politically motivated reasons increasing costs to these facilities and
ultimately their patients; and


WHEREAS, the Roxbury Town Board objects to Attorney General Andrew Cuomo using the
power of his office to single out health care facilities in the New York City Watershed and requiring
them to implement management and disposal restrictions that do not exist in State or federal law
and, in some instances, may violate such laws; and


WHEREAS, all of the 40 towns and villages including the 5 counties within the New York City
Watershed West-of-Hudson entered into and agreed to the Partnership created by the 1997
Memorandum of Agreement because the Partnership was based upon the fundamental principal
that the upstate communities and their residents would be protected from the additional cost
arising from the regulatory measures necessary for New York City to avoid installing a filtration
plant that is otherwise required under the Federal Safe Drinking Water Act for all surface drinking
water supplies; and


WHEREAS, the parties to the Partnership agreed to cooperate with each other and to work
together in good faith to protect the NYC Water Supply while, at the same time, protecting the
economic sustainability of the local communities; and


WHEREAS, by creating new unfunded requirements for watershed residents without any
scientific or technical basis and using the threat of litigation, penalties and the full force of his
office to enforce compliance with his unfunded/non-scientific mandate, Attorney General Andrew
Cuomo has violated the Memorandum of Agreement and threatened the success of the
Partnership; and


WHEREAS, the Roxbury Town Board is fully aware of the emerging trend of concern over
pharmaceuticals in the water. The record for the past 13 years demonstrates that the upstate
communities, with the assistance of CWC, would have collaborated with the Attorney General’s
office to address the problem had the Attorney General been truly concerned about the issue;
and


NOW, THEREFORE BE IT RESOLVED, that the Roxbury Town Board demands nothing less than
full reimbursement of all fines and all compliance costs associated with the Attorney General’s
actions; and


BE IT FURTHER RESOLVED, that a copy of this resolution be sent to Governor Patterson,
Richard F. Daines, M.D., Commissioner of the New York State Department of Health, Peter
Grannis Commissioner of the New York State Department of Environmental Conservation, US
Senators Schumer and Gillibrand, US Congressmen Murphy and Hinchey, NYS Senator Bonacic,
NYS Assemblymen Cliff Crouch and Peter Lopez and NYS Attorney General Andrew E. Cuomo,
USEPA Region 2 Administrator Ms. Judith Enck, New York City Mayor Bloomberg, William
Harding, Executive Director of the Watershed Protection and Partnership Council and all Coalition
of Watershed Towns and counties.”


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

NAYS – 0

Discussion took place on the letter from H. Osterhoudt Inc. requesting a 30 day extension to their
contract on the Hubbell Corners Sewer Project.

RESOLUTION #30 – EXTEND OSTERHOUDT CONTRACT 30 DAYS
 On motion of Gene
Cronk, second by Edward Raeder the following resolution was adopted:

“WHEREAS, H. Osterhoudt Excavating was previously retained by the Town Board to
 provide
services in connection with the Hubbell’s Corners sanitary sewer extensions project; and


WHEREAS, the Town Board received a letter dated January 6, 2010 from H.
 Osterhoudt
Excavating requesting a 30 day extension of time on the project in order to coordinate
 pump
station start ups with its suppliers; and


WHEREAS, the Town Board has considered and agreed to the request for the 30
day
 extension.


NOW THEREFORE BE IT RESOLVED THAT:
 The Town Board of the Town of Roxbury grants
the request by H. Osterhoudt Excavating
 for a 30 day extension to its contract with the Town with
the understanding that the Town of
 Roxbury will be reimbursed by H. Osterhoudt Excavating for
any incremental engineering
 and/or inspection costs that arise due to the 30 day extension.”


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

NAYS – 0

A letter of resignation from the Historic Preservation Commission was received from Douglas
Cutsogeorge effective 12/31/09. The Town Board extended a thank you to Mr. Cutsogeorge for
his service on the Commission.
RESOLUTION #31 – CUTSOGEORGE RESIGNS HISTORIC COMMISSION
 On motion of
Stephen Walker second by Allen Hinkley the following resolution was adopted:


“RESOLVED the Town Board accepts the resignation of Douglas Cutsogeorge from the Roxbury
Historic Preservation Commission effective 12/31/09.”


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

NAYS – 0

A letter was received from Robert and Audrey Townsend requesting the Town Board consider
making the Highway Supt. and Town Clerk positions a four year term. Atty. Kevin Young will look
into the process.

Councilman Hinkley discussed the plowing of the health center parking lot that is owned by the
Town but, up until now the hospital has paid John Bubach to plow. Hinkley has spoken to Hwy.
Supt. Schuman regarding the matter who expressed that it may be a problem for highway crews
to do. Councilman Cronk feels that the highway crews should do it. The Highway Committee will
speak to the Highway Supt. again.

It was stated that the 2010 International Dump truck involved in an accident in December is at
Ben Funk’s for engine repairs.

Discussion took place on retirement reporting based on submitted timesheets. Atty. Young will
look into the matter.

Discussion took place on the possibility of having a collection day for residents that need to
dispose of TV’s and computers. Atty. Young will look into the matter.

On motion of Edward Raeder second by Gene Cronk the meeting adjourned at 8:45 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

				
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