May 10, 2010 Town Board  Meeting Minutes

 

 

At 6:45 Supervisor Traudt opened this meeting with Council members Dan Staley, Gina Fox, Joe Gelb and Bruce Washburn all present.    He then introduced Brownie Sarah Wood who led the audience in the Pledge of Allegiance.  21 residents were also in attendance.

 

ANNOUNCEMENTS

 

May 17^th    Rhinecliff Brush and leaf pick up

 

May 25^th   Grievance Day 9 am - 12 noon, 1 - 4 pm, and 6 - 8pm at Town Hall

 

May 26^th Summer Recreation sign-ups from 6:30 pm - 8:00 pm in Town Hall

 

May 31^st Town Hall, Transfer Station, Highway Garage closed for Memorial Day

 

June 23^rd Senior Citizen Picnic at Fairground, call 486-2555 for reservations.

 

Gina read a letter from the C.A.C. thanking the Town for sponsoring a booth at the Earth Day Celebration at the Fairgrounds.

 

Joe reported that the NYSERDA grants need SEQR review and he will work with Art Brod and help prepare a negative declaration.   The Town Board can be the lead agency. 

 

WORKSHOP - Thompson Mazzarella Park

 

Supervisor Traudt asked if there were any comments from the public pertaining to the park development and no one in the audience responded.  The Supervisor stated significant progress is being made in a positive manner.   Joe Gelb informed the Board he has met with the grant writer and is working toward an agreement where compensation is geared toward the amount of the grant monies received.

 

Sally Mazzarella stated the goal at this point is to develop the trail network and a skateboarding park.  The skateboard sub committee is trying to research community needs so the consultant can put together a design.  The Trail sub committee has been asked to delineate the paths and figure out what materials are needed. 

 

Bob Ellsworth, TMP Committee Chair, explained that Pam Richardson has revised the contract with Weston & Sampson and we are just waiting to get it back from them.  The committee still recommends the infrastructure be designed since this will not change.  Joe Gelb remembers the Town Engineer stating that there may be some design changes in the infrastructure.  Bob replied that the sewer hook up is the only thing that could change.  Dod Crane pointed out that the placement of the Community Center will impact the infrastructure design.    Gina asked Bob if the committee has recommended that the Community Center be attached to the Library and Bob said that can't happen; they are two separate entities.  He did say the Committee is leaning toward placing the Community Center at the front of the parcel but no recommendation has officially been made.  Gina asked where the money is coming from for the $89,000 design fee contract and Dan explained it is in the Rhineson Capitol Project and monies received from the Thomas Thompson Trust.  Bob then explained that Sally Mazzarella went to the Winnakee Land Trust Board and we were given permission to use their 501-C3 so the Town can accept donations.

 

Michelle Donner asked if there is a timeline for park development and Bob replied as the Town receives money more projects will happen.  The sub committees are already meeting and making recommendations to the Park Committee.   Some of the development can hopefully be done with in kind services such as an Eagle Scout project.  Bruce reported that water has been run to the Community Garden and the garden has been trenched.  He also reported that the Recreation Committee is looking at having dish golf available at the Park, this will hopefully get residents using the park trails, and it is a lot like Frisbee golf. 

 

Gina asked if the volleyball lights could stay on later at the Rec Park and Bruce explained they were only temporarily turned off earlier during the winter months to help save on electricity, it is very easy to re-set the timer.  Bruce motioned and Gina seconded to return park lighting to a 10:30 shut off.  All were in favor.    Bob said the Committee is looking into more energy efficient lights at the park.  The Supervisor thanked Bob and his committee for all their time, energy and input. 

 

Joe reiterated that the reason for this workshop is there was some concern expressed by taxpayers about money being spent on design plans.  He feels at this point we should move ahead. 

 

ACTION ITEMS

1. Dan motioned and Joe seconded to approve Abstract 5, vouchers 519-563 for $65,278.79.   Motion carried unanimously 5-0.

 

2. Dan motioned and Joe seconded to

authorize the bookkeeper to make the following budget transfers, amendments, and any necessary bookkeeping entries

GENERAL FUND

 

SPECIAL ITEMS

Insurance                                              00 01 1910 400           -     $     300.00

Municipal Association Dues                  00 01 1920 400           +    $     300.00

Extra funds were needed to cover the Climate Registry Fee that was previously approved.

 

YOUTH PROGRAMS

Gymnastics                                           00 06 7310 437           -     $     27.49

Spring Egg Hunt                                   00 06 7310 442           +    $     27.49

To cover additional expenses for hunt.

All were in favor.

 

3. Dan motioned and Bruce seconded to authorize payment #2 to Arold Construction Company for $187,150.00 for work completed by March 31, 2010 for wastewater treatment systems reconstruction at Vanderburgh Cove.  Dan reported that $624,000 is still owed on this contract.  Motion carried unanimously.

 

4. Dan motioned and Gina seconded to authorize payment to Arch Bridge Contracting Corp for $75,657.88 for work completed at Hog's Bridge.  Dan stated that $163,000 is still owed on this project.  Kathy Kinsella reported that the work resumed in March and there is no definite timeline.  The remaining corner (support wall) has been delayed due to contamination.  The Village water line needs to be removed and encased.  Arch Bridge and Ron suggested this improvement and that needed DEC approval which we have now.  Hopefully by June it ill be open for traffic.  All were in favor of motion.

 

5. On motion from Dan and second by Gina payment was unanimously authorized to B & K Excavation for $39,352.80 for Vanderburgh Cove work.   Dan reported there is still $18,000 outstanding on this contract.

 

6.  

WHEREAS, The Vanderburgh Cove Sewer District is under going repairs, and

 

WHEREAS, the repairs to the sewer system will require borrowing, and

 

WHEREAS, the district does not have adequate funds in the current budget to cover the cost of repairs, and

 

WHEREAS, the Town Board of the Town of Rhinebeck needs to authorize a temporary advance of monies from the General Fund to the Vanderburgh Cove Sewer District to cover certain expenses,

 

NOW, THEREFORE BE IT RESOLVED, that the Town Board of The Town of Rhinebeck authorizes the Supervisor to advance the VCSD $226,502.80 from surplus Town General Funds, and

 

BE IT FURTHER RESOLVED, that the bookkeeper is authorized to make the following budget amendments,

 

BE IT FURTHER RESOLVED, such temporary advance shall be repaid with interest reasonably estimated to have been earned on the investment of monies in the General Fund had such advance not been made, as soon as monies are available but in any event no later than Dec. 31, 2010,

 

BE IT FURTHER RESOLVED, that this resolution shall take effect immediately

General Fund

 

Due From Other Funds             00 397                                                       $226,502.80

     Cash                                                           00 200                                     $226,502.80

To Loan VCSD H80 $ 63,519.56

 

Capital Project H80 Vanderburgh Cove Sewer District Repairs & Improvements

Cash                                                                96 200                                     $226,502.80

     Due to General Fund                                  96 630                                     $226,502.80

 

Estimated Revenue                                           96 510                               +    $226,502.80

   Proceeds of Serial Bond                                96 5710

Appropriations                                                 96 960            

        Treatment Contract - Arold Pay #1          96 07 8130 202                 +    $187,150.00

        Manhole Contract - B & K Excavation  96  07  8130  200                 +    $   39,352.80

 

Offered by Dan Staley                                            Seconded by Gina Fox

Roll Call Vote:  Councilperson Fox aye

                                    Councilperson Gelb aye

                                    Councilperson Staley aye

Councilperson Washburn aye

                                    Supervisor Traudt aye

Certified to this 10^th  day of May 2010 by Barbara B. Cunningham, Town Clerk

Motion carried 5-0.

 

7. Dan motioned and Bruce to seconded to authorize Supervisor to sign Vanderburgh Cove (Reeke)  easement agreement

           By Board member Dan Staley

WHEREAS, George and Gail Reeke will deliver to the Town of Rhinebeck an easement on their property at 34 Cove Road needed for the construction of the North Field of the Vanderburgh Cover Sewer District upon the execution by the Town of the Agreement attached hereto; and

Whereas, the easement is needed for the construction of the North Field;

NOW THEREFORE BE IT RESOLVED, the Town Board hereby approves said Agreement and authorizes the Supervisor to sign such Agreement.

SECONDED BY Bruce Washburn

Councilman Gelb  aye

Councilwoman Gina Fox aye

Councilman Dan Staley aye

Councilman Bruce Washburn aye

Supervisor Thomas Traudt aye

Carried 5-0

AGREEMENT between the Town of Rhinebeck on behalf of the Vanderburgh Cove Sewer District (the "Town"), and George and Gail Reeke (collectively, the "Reekes"), dated May 10, 2010, in connection with construction work being done on behalf of the Vanderburgh Cove Sewer District to replace the current discharge system in the area known as the North Field.

WHEREAS, the Reekes own property at 34 Cove Road, Town of Rhinebeck, NY, (the "Reekes Property"), which is adjacent to the North Field of the Vanderburgh Cove Sewer District.

NOW THEREFORE, for adequate consideration, the parties agree as follows:

A.                 Reekes will provide a sewer easement for the Town with respect to a portion of the Reekes Property in the form annexed hereto as Exhibit A, provided construction work on the North Field may commence on the Reekes Property upon execution of this Agreement by the Town.

B.                 The Town will:

(1)               Install Polylok vent filter systems at each vent and at the exhaust vent for the Bioclere unit, which are designed to control odors that vent pipe gases in the North Field.  Routine maintenance of the filters shall include monitoring the area for odors and replacement of the charcoal pellets within each filter, which shall be done as necessary based on the level of odors.

(2)               Install a sound attenuating enclosure for the generator and ensure that routine generator maintenance does not occur on Saturdays, Sundays and legal holidays.  Generator use as necessitated by power failure may occur at any time.

(3)               Plant ten young good quality evergreen trees between six and eight feet in height, five along the driveway and five near the property boundary, in order to screen the site, provided that the Town will replace any of such trees which do not take, and further provided the Reekes hereby grant permission to Town workmen or other person(s) designated by the Town and acceptable to the Reekes to enter the Reekes Property in order to maintain those trees, and further provided the Reekes permit such persons to connect a hose to an outdoor water spigot owned by the Reekes, and close the water off as soon as the watering has occurred so as to save the well. 

(4)               Add the Reekes as an additional named insured on the Town's liability insurance policy.

(5)               Pay the cost of the Reekes' attorney and engineer which are not to exceed $4,000 and $1,000 respectively.

C.                 This Agreement constitutes the entire agreement between the parties, and shall not be modified or amended except in writing, and shall be interpreted in accordance with the laws of New York applicable to agreements executed and to be performed within New York.

D.                 This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors, and assigns. 

George and Gail Reeke   By:                                                                                    George Reeke   By:                                                                   Gail Reeke

The Town of Rhinebeck on behalf of the Vanderburgh Cove Sewer District     By:                                                                   Thomas Traudt             Town Supervisor

Dan stated this agreement is necessary for the north field treatment system to be put in place.  Fred Nagel, Vanderburgh Cove homeowner thanked Dan and Bruce for their work but wants to bring up why this is being pushed through so quickly since the Town has been aware of necessary easements since last June.  The homeowners wanted to meet with the Reeke's.  He feels something is wrong with the process; it was too long a time span.  Dan responded that the Committee seems to be running in several directions.  He started talking with the Reeke's attorney and this project must move forward at this point.  This Board finally has this project moving forward and the Committee still seems bitter.  Tom Traudt feels this project has been a long standing dead zone and the end is finally in site.  This Town Board has looked at several options and worked hard to bring this project to fruition.  Dan thanked Morris & Associates for all their help.  Rose Ann Boyle said in her February 22^nd meeting notes that Pam Richardson suggested the Town not sign any contracts until all the easements were in place.  Why is this moving ahead when there are other outstanding easements?  The cost of this Reeke easement is going to cost all the other homeowners in the development. 

Motion carried 5-0.

 

8. Morris & Associate's proposal for the water quality and environmental monitoring of the Town Landfill for 2010 at annual most of $10,500.  Ron pointed out that this proposal is lower than last year by $1,200.  Gina questioned if the Town needs to go out to bid and wants to see other quotes.   Ms. Spinzia questioned if a Town employee can perform these test and Ron pointed out that the D.E.C. mandates a professional not a municipal employee actually perform the testing.  Bob Fitzpatrick does do the gas monitoring at the Landfill for the Town.  Bruce stated that in 2005 these services from Morris & Associates were only $2,400.  Gina will draft an RFP and bring back some quotes at the May 24^th meeting.  This topic will be discussed further at that meeting.

 

9. Bruce motioned and Dan seconded to authorize Supervisor Traudt to sign Inter Municipal Agreement with Rhinebeck Central Schools for August 2010-August 2011.  All were in favor.

 

10. Dan motioned with Gina seconding to re-adopt Rhinecliff Hotel agreement reducing bond amount to $29,500.

 

                        BY BOARD MEMBER Dan Staley

 

            WHEREAS, by resolution duly adopted by the Town Board of the Town of Rhinebeck on May 10, 2010, the Town Board of the Town of Rhinebeck accepted a hold harmless and maintenance agreement dated September 10, 2008 and executed by Rhinecliff Properties in connection with ongoing maintenance of certain improvements (hereafter, the "Improvements") installed Rhinecliff Properties in connection with the reconstruction of the Rhinecliff Hotel; and

            WHEREAS, in accordance with the applicable provisions of the Town Code of the Town of Rhinebeck, and the Town Law of the State of New York, Rhinecliff Properties provided certain security to ensure maintenance of the Improvements; and

            WHEREAS, the security must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Attorney for the Town as to form, sufficiency and manner of execution and such acceptable form of security may be cash in a bank account located in and authorized to do business in this State or in the form of an irrevocable letter of credit subject to review and acceptance by the Attorney for the Town as to form and content, and

            WHEREAS, the Town Board has heretofore authorized cash security in the full amount of the estimate of fifty thousand dollars ($50,000.00) as provided by the Engineer to the Town and recommended by the Highway Superintendent; and

            WHEREAS, at the request of the Town Board, the Engineer to the Town, with input of the Highway Superintendent, has reconsidered the required amount of the cash security; and

            WHEREAS, the Engineer to the Town now recommends a reduction in the bond amount to twenty nine thousand five hundred dollars ($29,500.00); and

            WHEREAS, the Town Highway Superintendent has indicated that she had no objection to the proposed bond reduction; and

            WHERESAS, Rhinecliff Properties has proposed providing an irrevocable letter of credit in place of the cash bond currently being held by the Town;         

            Now therefore be it:

            RESOLVED, that the Town Board hereby consents to the reduction of the security to the amount as recommended by Morris Associates and the Highway Superintendent to the amount of twenty nine thousand five hundred dollars ($29,500.00), and be it further

            RESOLVED, that the Town Board hereby consents to replacement of the reduced cash bond with an irrevocable letter of credit, subject to approval by the Attorney for the Town of  the institution providing same and of both the form and substance of any such irrevocable letter of credit.

            SECONDED BY Gina Fox

Councilman Gelb  aye                                                                                             

Councilwoman Fox aye

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

Motion carried unanimously 5-0.

 

11. Bruce motioned and Dan seconded to appoint Nancy Kelly and David Gelb to the Community Center Visioning Committee, term to expire 12/31/2010.  All were in favor.

 

12.  Kathy Kinsella explained that the Highway Department is trying to upgrade their internet service and we have done everything possible on our end and now Time Warner needs an updated email contract which will not cost the Town any additional funds.  It will only upgrade our service.  Kathy feels with the new procurement policy all contracts need Town Board approval so this is why she is here tonight.  On motion from Gina and second from Dan the Supervisor was unanimously authorized the sign a new contract with Time Warner for the Highway Garage internet upgrade at no cost. 

 

DISCUSSION

 

Elizabeth Spinzia would like to request an accounting of the unspent balance funds as of March 31, 2010.  Tom responded that the Board will try to have this available at our next meeting.

 

Fred Nagel from Vanderburgh Cove recommended that Morris & Associates not be chosen as the engineer for the Vanderburgh Cove Sewer project.  The Committee had come up with the compromise of having a Clerk of the Works and Tom Mannix was hired.  It has since come to our attention that Mannix is not be supported by the Town Board.  The residents want someone independent from Morris & Associates to oversee the engineer.  Mannix pointed out that there were some improper pipe connections which no one else noticed. There is $40,000 in inspection certification under the Morris contract so someone should be out at the site everyday.  Dan Staley pointed out that Morris & Associates was on the site the day the pipe misconnects was found and they did fix it.  It is not fair to blame Morris for this mishap.  Ron Evangelista then stated someone from Morris was out there the day the pipe connection was discovered and it was fixed.  It is periodic inspection, not daily.  It is commonplace for the engineer and clerk of the works to be in the same firm according to Ron.  The construction foreman was corrected and the connection was properly made.  Fred feels this mistake was trying to be covered up.  Ron said it is not a question of hiding anything.  A mistake was corrected and the project continues on target. 

 

Rose Ann Boyle stated obviously the Clerk of the Works is a very important issue to the homeowners and encourages the Town Board to keep someone in that capacity.  Considering the easement agreement that was passed earlier in the meeting, Josephine Bernhardt questioned why this system was designed on someone else's property.  Tom Traudt replied there is not enough available land with all the wetlands area and the river to build a system of this size.  Dan pointed out this is a delicate situation with the Cove being on the river.  He also stated the D.E.C. is happy with this project and they are the agency with the mandates.  The Board of Health is also requiring this infrastructure be in place.  A lot of the decisions are not up to the Town Board, we are being told what is necessary.    Dan feels the Vanderburgh Cove Committee is becoming very negative and should be disbanded.  Mr. Gelb thinks the Committee is a good idea but they need to understand there is going to be great hardship for the homeowners and he doesn't know what else the Town Board can do. 

 

Rhinecliff drainage issue - Dan turned this presentation over the Kathy Kinsella.  She distributed "A Survey of Catch Basins in the Hamlet of Rhinecliff."   The booklet contains a map with a chart describing the size, location and depth of each basin.  The booklet identifies there has been significant elevation changes, poor soil quality, underground springs, heavy rainfall volume, old pipe system and displacement of drainage patterns due to building and accompanying infrastructure. 

 

Kathy explained that she, Ida Brier and Dan Staley have all walked the hamlet and tried to identify the problem areas.  At this point she feels the Town Board needs to decide which project line these expenses should come out of and then fund those lines.  An engineer needs to be authorized by the Town Board to review our input and proceed with implementation.  At the present time all drainage goes down Shatzell Avenue.  Professional services will be necessary even if we go look for grants.  Councilman Staley thinks this is a huge issue and we need to start addressing it.  Joe Gelb does not feel it is fair to ask the Board for a decision tonight when we just received the information.  Dod Crane pointed out that during the Comprehensive Plan process the Rhinecliff drainage was discussed and the TND in the hamlet was removed.  This has been a longstanding issue. 

 

Further discussion was tabled until the May 24^th meeting. 

 

EXECUTIVE SESSION

 

At 8:40 Dan motioned with Gina seconding to go into Executive Session to discuss pending lawsuits. Joe read a statement that the Ethics Board has mandated he make: "One lawsuit has been brought against the Town concerning our Comprehensive Plan by 6 property owners and one is Kathy Hammer who was the Democratic Campaign Chairperson.  I have never discussed zoning issues with her.  The Democratic Party selected her not me personally.  Gina Fox and I went to the Ethics Board to see if we should recurs ourselves and that Board said we are not required to.  I will represent the concerns of our taxpayers at all times. "Gina stated she will take the same pledge.

 

The Board unanimously voted to hire Michael Zarin as Special Counsel for the Comprehensive Plan pending lawsuits at $360 per hour and for his assistants at a range from $225 to $300.  Mr. Zarin's rate is usually $400 but he is giving the municipality a 10% discount.   

 

ADJOURNMENT

 

At 9:35 on motion from Dan and second from Bruce this meeting was unanimously adjourned.

 

Respectfully submitted,

 

 

Barbara Cunningham

Town Clerk