Town Board Meeing Minutes 05-24-10

MAY 24, 2010 TOWN OF RHINEBECK TOWN BOARD MEETING MINUTES

 

At 6:50 Supervisor Tom Traudt called this meeting to order with councilpersons Dan Staley, Bruce Washburn and Gina Fox present. Town Counsel Pam Richardson and Town Engineer Ron Evangelista were also in attendance along with 17 residents. Councilman Joe Gelb was not in attendance.

 

Nattie Chase from Brownie Troop #78 led the audience in the Pledge of Allegiance.

 

PRESENTATION

 

Finance and Control Committee Chairman Pete Hammond explained that the accounting firm of Sedore & Co. has been hired for the Internal Control Report and Financial Statement & Review process for 2008. The 2008 report was just received last week. The next engagement with Sedore will be for the 2009 audit. Tom Traudt stated the Capitol project plan is being redone. Peter and Justin Cole are working on this and it will enable the Town to plan for the future. Hopefully it will be completed in 3-4 months. Bruce encouraged the Board members to review this new report from Sedore.

 

Steve Block is pleased the accounting reports are being worked on but is eager to hear some substance. What issues were uncovered and what is the Town's financial health? Are the fund balances down or is a crisis brewing. Pete Hammond explained that this committee's function is to report to the Town Board. The 2010 budget was at the 2005 budget level so the Board is being fiscally conservative. The Town is in a good fiscal situation but we need to continue to tighten out belts; that is why the Capital Project Plan is being written. Sedore reported that the segregation of duties is an issue but the Town has a small staff and sometimes the separation of responsibility has limits due to the limited number of employees in each department. The basic findings are we need to continue to look at our expenditures. Tom Traudt pointed out that the experience of this Committee is excellent; banking, legal and management individuals are all on this committee. He thanked Peter and Justin for being here tonight.

 

Community Transportation Program for Seniors

 

Tom showed his power point display for the Town's Senior Transportation Van. The program is aimed at providing an opportunity to enhance a more independent lifestyle for our seniors. The program will provide transportation options to independently living residents of the Town and Village of Rhinebeck who are over 60 years of age.

 

The service will offer transportation to several pre-scheduled destinations such as grocery stores or our Village Center. In the future we hope to offer service to our local nursing homes and hospital for family and friends visits. The program is operated by a volunteer staff and no fees will be charged however donations will be accepted to offset the cost of fuel and maintenance.

 

Intake forms are available at Town Hall. Anyone wishing to use this service needs to fill out this form and return to the Town Clerk's Office. There are other services such as Northern Dutchess Caregivers which provides transportation to seniors for medically related needs.

 

At this time a test program will be offering services on Tuesdays and Fridays; to the Village Center and Stop n Shop for grocery shopping. Tom reported that this past Thursday we held a ribbon cutting press release. We are the first locality in Dutchess County to offer this service. Unfortunately we cannot accommodate wheelchair bound residents; this requires a different type of driver's license for our volunteer drivers. Gina asked if shuttling has been looked at and Tom explained this will all be worked out in the pilot program. Gina then wondered if we could reach out to other communities and Tom wants to address Rhinebeck's needs first. Resident Steve Block is thrilled about this endeavor and hopes this is the beginning of help for seniors.

 

ANNOUNCEMENTS

 

Advanced Recovery Inc and Dutchess County Fairground collected 207 monitors, 151 TV's and over 29,000 pounds of E-waste collection at Earth Day Fair

 

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

 

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

 

May 31st Memorial Day parade kick off at 9:30 in Rhinecliff and 10:30 in Village

 

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

 

June 23rd Senior Citizen Picnic at Fairgrounds, call 486-2555 for reservations

 

ACTION ITEMS

 

Rhinebeck Farmers Market Usage request - Ray Tosie and Meg Crawford explained that the Market has been conducted in the Village Municipal lot for 16 years. They are now looking for a winter location. Gina suggested charging a fee since there will probably be clean up involved. Ray said he needs to draw up a diagram of this room to see how many vendors could be accommodated. We are hoping for alternating Sunday from December through April. We will try to co-ordinate with Red Hook's Saturday markets at the Elmendorf.

Ms. Richardson is concerned that the Town may be overstepping its authority to use public buildings. One requirement is the building is not used during this time for Town business and some measure of fair market value is necessary. Ray stated the market is technically a not for profit and he pointed out the Village lot is also a public facility. The Supervisor suggested the pavilion at the pool since it is actually larger that this court/meeting room. Ray feels all arrows point to this room and Meg feels it helps the Village economy and businesses. Bruce asked about security and clean up and Ray replied we have a business and site manager and we would assume clean up including cleaning of the floor and putting back all chairs and tables. No vote taken.

 

Budget Transfers
Bruce motioned and Dan seconded to authorize the bookkeeper to make the following budget transfers, amendments, and any necessary bookkeeping entries for 2010.

GENERAL FUND
TAX COLLECTOR

Postage 00 01 1330 401 - $ 66.50

Computer Consultants 00 01 1330 401 + $ 66.50

Tax Collector requested to cover a bill for a problem with the backup process for info-tax.

PART-TOWN FUND

COMP PLAN

Contingency 01 01 1990 400 - $19,637.96

Comp Plan 01 07 8020 490 + $19,637.96

To cover a previously approved (1-20) amount of $1,250 for training on the comp plan, previously approved (2-6) codification supp #29 $17,290 + additional $345.46 shipping and Jan Attorney bill $752.50.

 

Contingency 01 01 1990 400 - $3,704.79

Comp Plan Litigation Expenses 01 07 8020 496 + $3,704.79

Supervisor requested to cover beginning litigation expenses.

 

2 a.

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 Part-Town 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 $11,927.91 from surplus Town Part-Town 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 Part-Town 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

Part-Town Fund
Due from Other Funds 01 391 $11,927.91
Cash 01 200 $11,927.91
To Loan VCSD H80

Capital Project H80 Vanderburgh Cove Sewer District Repairs & Improvements
Cash 96 200 $11,927.91
Due to Part-Town Fund 96 630 $11,927.91

Estimated Revenue 96 510 + $11,927.91
Proceeds of Serial Bond 96 5710

Appropriations 96 960
Part of Abstract 5
Gellert & Klein V9 96 07 8110 252 + $1,177.61
Morris Associates V13 96 07 8110 200 + $4,482.85
Morris Associates V16 96 07 8110 253 + $1,164.75
Morris Associates V17 96 07 8110 254 + $5,102.70
Motioned by Dan Staley Seconded by Gina Fox

 

Roll Call Vote: Councilperson Fox aye

Councilperson Gelb absent

Councilperson Staley aye

Councilperson Washburn aye
Supervisor Traudt aye

Motion passed 4-0.

Resolution Certified to this 24th day of May 2010 by Barbara Cunningham, Town Clerk

 

Abstract 5 B, vouchers 564-636 for $47,000.97 was unanimously approved on motion from Bruce and second by Dan.

Bruce motioned and Dan seconded to approve Cap Project H27 Dock Abstract vouchers, 1-3 for $8,072.50. All were in favor.

On motion from Bruce and second by Gina Cap Project H62 TTM Park Abstract, voucher 8 for $120.25 was unanimously approved.

Bruce motioned and Gina seconded to approve Cap Project H80 , Abstract 5, vouchers 9-17 for $15,996.76. All were in favor.

Bruce motioned and Gina seconded to create a Capital project to retain donations for TMP Skateboard Park. Steve Block asked if there was fundraising for the Park complex and can we have a status report on grant results? Bruce suggested doing this at a June meeting. Steve then said there is a rumor that 2 lawsuits have been received by the Town concerning the Comp Plan. Tom replied there are 2 lawsuits and the Town has retained the services of Zarin & Steinmetz to handle the litigation. All were in favor of creating a separate capitol project for the skateboard park donations.

Dan motioned with Gina seconding to approve April 26th, May 10th, and May 17th Town Board minutes. Motion carried unanimously.

On motion from Dan and second by Gina the Supervisor was unanimously authorized to sign agreement with Greenplan, Inc for consulting services pertaining to pending litigation at 2003 rate of $105 per hour for first 100 hours then rate reduced to $75 per hour. Gina thanked Ted for lowering his rates.

Gina motioned and Bruce seconded to approve recreation department pay rates Gina then requested this be discussed in an executive session before voting and everyone agreed. No vote taken at this time.

Gina motioned and Dan seconded to approve Resolution for Highway Garage Photovoltaic installation as "Unlisted Action" under SEQRA.
Resolution in the matter of Determination of Significance under SEQRA

Photovoltaic Installation / Town Highway Garage

 

The Town Board of the Town of Rhinebeck hereby acts as follows under SEQRA (Article 8 ECL and Title 6 Part 617 NYCRR) in the matter of the proposed installation of a Solar Electric System (the "Photovoltaic Installation" or "Proposed Action") at the Town Highway Garage at 119 Rhinecliff Road:

 

Classifies the Proposed Action as an "Unlisted Action" under SEQRA.

Accepts the annexed Short EAF Part I prepared on the Town Board's behalf by the Town Planning Consultant.

In consideration of its understanding of the proposed Photovoltaic Installation and upon both its review of the Short EAF Part I and its acceptance of the further annexed Short EAF Part II in consideration of the "criteria for determining significance" at Title 6 Part 617.7.c NYCRR, determines the Proposed Action will not result in any significant adverse environmental impacts.

In consideration thereof, issues a Negative Declaration (Determination of Non-Significance) stating an environmental impact statement is not required and will not be prepared and authorizes the Town Supervisor to sign Short EAF Part III on its behalf.

Annexed Document: Short EAF

 

Councilman Fox aye

Councilman Gelb absent

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

 

Adopted 4-0

Resolution Certified:

 

______________________________ ________________________

Barbara Cunningham, Town Clerk Date

 

Town Transfer Station as "Unlisted Action" under SEQRA.

Resolution in the matter of Determination of Significance under SEQRA

Photovoltaic Installation / Town Transfer Station

 

Motion by Dan Staley Second by Gina Fox

 

The Town Board of the Town of Rhinebeck hereby acts as follows under SEQRA (Article 8 ECL and Title 6 Part 617 NYCRR) in the matter of the proposed installation of a Solar Electric System (the "Photovoltaic Installation" or "Proposed Action") at the Town Transfer Station at 376 Stone Church Road:

 

Classifies the Proposed Action as an "Unlisted Action" under SEQRA.

Accepts the annexed Short EAF Part I prepared on the Town Board's behalf by the Town Planning Consultant.

In consideration of its understanding of the proposed Photovoltaic Installation and upon both its review of the Short EAF Part I and its acceptance of the further annexed Short EAF Part II in consideration of the "criteria for determining significance" at Title 6 Part 617.7.c NYCRR, determines the Proposed Action will not result in any significant adverse environmental impacts.

In consideration thereof, issues a Negative Declaration (Determination of Non-Significance) stating an environmental impact statement is not required and will not be prepared and authorizes the Town Supervisor to sign the Short EAF Part III on its behalf.

Annexed Document: Short EAF Parts I, II and III

 

Councilman Fox aye

Councilman Gelb absent

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

 

Adopted 4-0

 

Resolution Certified:

 

______________________________ ________________________

Barbara Cunningham, Town Clerk Date

 

Landfill monitoring contract update - Gina has contacted 6 companies and only 2 of them were qualified for this type of monitoring. Chazen has submitted an estimate of $8,900 and Ecosystems has submitted one for $28,000. She pointed out that Ecosystems brought up the point as to why the DEC is still requiring such frequent testing since they have tested negative for many years. Bruce spoke with the DEC and they suggested doing less frequent testing. Gina said Chazen will also do the gas monitoring for the $8,900. Ron Evangelista reported that he researched costs:
Year Engineer Amount

2003 D.F. Wheeler $5,693

2004 " 2,006 ( no lab work involved)

2005 D.F. Wheeler 8,773

2006 skip year 85

2007 Morris 11,900

2008 " 11,500

2009 " 11,700

2010 Morris 10,,900 (proposed)

2011 Morris was proposing this be a skip year. Pam suggested a resolution is necessary to accept any bid. Gina stated she was only questioning the costs involved and not Morris's ability. Pam Richardson will review the Chazen contract and report back.

 

Gina motioned and Dan seconded to request for "No idling "sign at Transfer Station from CAC budget line at a cost not to exceed $30. All were in favor.

Dan motioned and Bruce seconded to allow Starr Library use Town Hall on July 10th for a presentation on "Close Encounters with Birds of Prey" Motion carried unanimously.

On motion from Bruce and second by Dan eCODE annual maintenance fee for $1,180.00 for period 5/1/2010-4/30/2011 was unanimously approved.

Dan motioned and Gina seconded to approve Craig Thomas Pest Control 2010 contract for Town Hall at $250, for May and September spraying. All were in favor.

Dan moved and Gina seconded to approve Neo Post postage machine 2010 maintenance contract for $277 for period 5/24/2010-5/24/2011. Passed 4-0.

Dan motioned and Gina seconded to accept Gardens at Rhinebeck LLC Performance Security Agreement for $1,100,817.00. Ms Richardson explained that the draft was just received today by Gellert & Klein and there is $678, 8222.49 in the old Letter of credit.

BY BOARD MEMBER Dan Staley

 

WHEREAS, the Gardens at Rhinebeck, LLC, received Town of Rhinebeck Planning Board Approval for subdivision and site plan known as the Gardens at Rhinebeck located at Astor Drive/River Road/Ryan Road, Town of Rhinebeck, Dutchess County, New York; and

WHEREAS, Grand Pacific Finance Corporation acquired the property through foreclosure and posted an Irrevocable Standby Letter of Credit No.: IDP100033, dated February 12, 2008, issued by Chinatrust Commercial Bank, which was renewed periodically; and

WHEREAS, on or about May 7, 2010, the Grand Pacific Financial Corp. transferred the property and the project to Rhinebeck Gardens Group, LLC; and

WHEREAS, the aforesaid Letter of Credit was set to expire on May 12, 2008; and

WHEREAS, considering that the property was transferred on May 7, 2008, the Grand Pacific Finance Corporation could not obtain a further extension of the Letter of Credit from Chinatrust Commercial Bank; and

WHEREAS, in order to avoid the Town declaring a default the Grand Pacific Finance Corp and Rhinebeck Gardens Group, LLC, entered into an escrow agreement to benefit the Town of Rhinebeck dated May 12, 2010, whereby the escrow agent would hold the amount of the Letter of Credit of $678,822.49 in escrow, pending the substitution of the Letter of Credit from Rhinebeck Gardens Group, LLC; and

WHEREAS, M&T Bank had issued a Commitment Letter on May 11, 2010, to cover the increased letter of credit estimate of $1,100,817.00; and

WHEREAS, Rhinebeck Gardens Group, LLC, has provided a Performance Security Agreement and a draft Letter of Credit from M&T Bank SB1268170001, in the requisite about, which has been approved as to form and content by the Attorney to the Town; now, therefore it be

RESOLVED, that the Town Board ratifies the execution of the Escrow Agreement dated May 12, 2010, as signed by the Town Supervisor; and it is further

RESOLVED, that the Town Board hereby approves and accepts the Performance Security Agreement dated May 24, 2010 and the Letter of Credit SB7268170001of M&T Bank in substantially the same form as the draft dated May 24, 2010, in the amount of $1,100,817.00; and be it further

RESOLVED, that upon receipt by the Town Clerk of the executed Performance Security Agreement and signed Letter of Credit, she hereby is authorized and directed to release the original Chinatrust Commercial Bank Letter of Credit No.: IDP100033, and any amendments thereto to Grand Pacific Finance Corp.

 

SECONDED BY Gina Fox

 

Councilman Gelb absent

 

Councilwoman Fox aye

 

Councilman Staley aye

 

Councilman Washburn aye

 

Supervisor Traudt aye

 

Motion passed 4-0

 

 

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 Part-Town 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 $177,871.52 from surplus Town Part-Town 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 Part-Town 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

Part-Town Fund

Due From Other Funds 01 391 $177,871.52
Cash 01 200 $177,871.52
To Loan VCSD H80

Capital Project H80 Vanderburgh Cove Sewer District Repairs & Improvements
Cash 96 200 $177,871.52
Due to Part-Town Fund 96 630 $177,871.52

Estimated Revenue 96 510 + $177,871.52
Proceeds of Serial Bond 96 5710

Appropriations 96 960
Add the following to Abstract 5
Arold V18 96 07 8130 202 + $171,734.52
J & J Sass Electric V19 96 07 8130 203 + $ 6,137.00

Offered by Dan Staley Seconded by Gina Fox

Roll Call Vote: Councilperson Fox aye

Councilperson Gelb absent

Councilperson Staley aye

Councilperson Washburn aye
Supervisor Traudt aye

Resolution passed 4-0

Certified to this 24th day of May 2010 by

____________________

Barbara B. Cunningham, Town Clerk

 

 

DISCUSSION / UPDATES

 

Gina is interested in added liaison reports to Town Board agendas. Bruce thinks this is a great idea. Everyone agreed this would be helpful at scheduled workshop meetings.

 

Dutchess County D.O.H. is interested in hosting a free rabies clinic at Town Hall sometime in November. Town Clerk will contact them

 

Henry Campbell / Rhinebeck Fire Department are requesting Town enforce Dutchess County 9-1-1 address sign law and to assess fines as outlined in May 10th packet. Ms. Richardson stated the Town needs to appoint someone to oversee this and Dan suggested Darren or Henry. Tom will talk to Darren.

 

Zoning office computer purchase - Gina reported that the office copier has totally shut down and is not repairable. Also the CPU on the ZEO's desk is dead. Tom Traudt reminded the Board that Northeast Computers has suggested that the Town upgrade to a hub system. On motion from Gina and second by Bruce the Zoning Department was authorized to buy a CPU and new copier at a cost not to exceed $2,000. All were in favor.

 

EXECUTIVE SEESION

 

At 8:40 on motion from Gina and second by Dan the Board went into go into Executive Session to discuss personnel issue and ongoing litigation. Motion carried 4-0.

 

 

ADJOURNMENT

 

At 9:15 on motion from Dan and second by Gina the Board returned from Executive Session and then Gina again motioned and Dan seconded to approve following Recreation salaries.

 

Eileen Doyle cashier $8.50

Kayley Berezney Arts & Crafts Director at $2,800

Jared de Benidictus Sports Director $2,800

Sarah Rifenburgh WSI lifeguard at $10.15

Erin Doyle Aquatic Director 11.50 (decided in Exec Session)

Larissa Gavio counselor at $7.50

Mary Beth Perfas Ass't Camp Director $3,500

All were in favor.

 

At 9:20 this meeting was unanimously adjourned on motion from Dan and second from Gina.

 

Respectfully submitted,

 

Barbara Cunningham

Town Clerk