Town Board Meeing Minutes 06-28-10
Posted on: 8/12/2010
Date of Minutes:
06/28/2010
June 28, 2010 Town Board Meeting Minutes
At 6:50 Deputy Supervisor Bruce Washburn opened this meeting with Councilperson Gina Fox, Joe Gelb and Dan Staley present. Counsel Pam Richardson also present along with 13 residents. Brownie Lily Knapp led the audience in the Pledge of Allegiance.
Announcements
July 5th Town Hall, Transfer Station and Highway Department closed
Presentation
Bob Ellsworth, Thompson Mazzarella Park Chairman, explained this Committee would like to finalize the park's master plan. We are recommending that the Community Center be placed at the front of the park and here is our rationale: ease of access, close proximity to Starr Library and functionality, close to community gardens and lawn bowling, better parking, safer for emergency vehicles and the cost of the infrastructure will be less. Gina asked if there ever was a push for the back location and Bob replied at one point there was but not anymore. She then asked about attaching it to the library and Bob feels that idea may have some archeological concerns. Sally Mazzarella informed the Board that this Committee cannot move forward until the location for the Community Center is determined; we need to complete the mapping. Gina is not comfortable making that decision tonight.
Dave Miller read the following letter from Nancy Kelly
I have read the Technical memorandum provided by Weston &Sampson Engineers with interest. The points listed are certainly valid. However, I feel that further consideration should be given to siting the building in CLOSE proximity to the Starr Library.
Rhinebeck is proud of its history and the community center was long associated with the Starr Institute in the center of the village. Now seems to be an appropriate time to revive the vital relationship between the library and the community center.
The Star Institute was formed by gift from Mary Regina Miller to the Town and Village of Rhinebeck, incorporated in 1862. It included the library, reading room, ladies reception room, lecture hall, kitchen and dining room.
Over time it provided additional space for recreational activities through the YMCA and eventually space for a movie theatre.
When the need for expansion arose in the 1970's, 14 acres of land was donated from the Wells Estate by the hospital for the library and community center. Two of these acres were set aside for the library and 12 acres given to the town and village for recreation. The sign in front of the library reads "Community Center". Records show the library property as owned by the Rhinebeck Community Center, Inc.
It seems that now is an appropriate time to reestablish the relationship of the Starr Library with a functioning community center.
The advantages of a physical connection of the community center should be closely studied.
This connection might be as an addition to the library building, or by means of an enclosed walkway but should provide easy access between the two, increasing the utilization of both facilities.
Rhinebeck's historical collection are scattered throughout the town at various sites, many of which cannot properly protect the documents and artifacts from fire and humidity. The Consortium of Rhinebeck History has been working for some years now to coordinate the preservation and use of these materials (www.rhinebeckhistory.org) a new facility should provide storage and display space for local history. This space in connection with meeting areas and the library facilities would provide a focus for the community of Rhinebeck which could be of much greater benefit than fragmented facilities.
Nancy Kelly, Rhinebeck Town Historian, Chair of Consortium of Rhinebeck History
Gina stated the CAC is concerned about the cost of a separate building. It could possibly reduce the financial costs by 25% if connected. Joe feels a study is necessary before a decision is rendered. Dave pointed out that the Committee is looking for college financial assistance, possibly anchor tenants and special occasion gatherings. Ms. Richardson stated that private functions may be problematic, it cannot be turned into a for profit building. Since storage is a major concern for the Town, Joe suggested the Community Center have rooms for Town Hall storage. Bob Ellsworth said it is smarter to get a grant and have the records computerized. Jeff Romano wants a green building with the utilization of grants.
On motion from Dan and second from Gina it was motioned to place the Community Center at the front of the Thompson Mazzarella Park. All were in favor, motion carried 4-0.
Victor Cornelius, Town grant writer, will sign his new contract tonight and has submitted a memo of intent for intermunicipal agreement with the Village regarding the TMP grant. The Town Clerk will forward this agreement to the Board. Victor explained the various hardship programs available for VCSD. The homeowners were against the USDA since an income survey was required. This could have been up to 75% of the project cost. Fred Nagel, Vanderburgh Cove resident, stated the income levels were probably not low enough and residents were uncomfortable with this survey. Victor submitted the following report:
Vanderburgh Cove Development Report:
1) DEC Water Quality request (Oct. '09): $1,550,000 grant request. Announcements are imminent.
2) EFC hardship: Told the Town is moving to close on 0% loan. First step in consideration of ‘principal forgiveness'.
3) USDA: Homeowners have rejected this as an option.
4) Federal Appropriation: $233,750 still in the appropriations process. DC trip to come prior to summer recess.
Thompson/Mazzarella Park:
1) List of Grant requests (appended).
2) Negotiation with the Village (discussion).
Thompson/Mazzarella Park,
Schedule of Submissions, 2010/11:
1) Resubmission of State Parks EPF Request.
Recreational Amenities: $600,000 (matching) July 12, 2010
2) Resubmission of NYS Dept. of State
Park Infrastructure: $550,000 (matching) Aug. 15, 2010
3) Greenway Trail Grant,
Signage (?): $10,000 State budget
4) Clean Water State Revolving Fund,
Drinking Water State Revolving Fund,
Water and Wastewater Infrastructure: tbd Aug 15, 2010
5) NYS Parks Trail Grant,
Federally-funded trail implementation: $600,000 (20% match) Sept. 1, 2010
6) Resubmission of Dutchess County CDBG,
ADA Accessible Restroom Facilities: $150,000 Sept. 15, 2010
7) Federal Appropriation Requests,
Congressman Murphy/Senator Gillibrand,
Department of the Interior Budget, 2012: $600,000 Nov. 1, 2010
8) Legislative Member Initiatives,
Senator Saland: 50,000 Dec. 1, 2010
Assemblyman Cahill: 25,000
Skate park Requests:
After Determination of Preliminary Design and Costs:
1) Tony Hawk Foundation
2) Ronald McDonald
Victor stated the Town Board needs to address if the Village and or Town should be the applicant. He has met with the Village Board twice and they would like to become involved. Joe asked if the Village is assuming the Town will cover all the costs and Village Mayor Jim Reardon stated the Village has no funds and the Park expenditures come out of the Town General Fund and it doesn't seem fair to have Village residents taxed twice. We just want to be advised. Gina pointed out this is another example that the Village and Town should be considering shared services.
Public Hearing on Proposed Local 2 of 2010 amending Ethics Board
At 7:18 the public hearing on proposed Local Law 2 of 2010 changing the requirement that a Town employee/officer must sit on the Ethics Board was opened.
Steve Block feels this law could be strengthened; the substance of the law needs to be reviewed. Brant Neuneker, Ethics Board member, reported the Board has no problem with eliminating the requirement of an employee and/or officer of the Town being a member of the Ethics Board.
At 7:22 this hearing was closed on motion from Joe and second from Dan. All were in favor.
Resolution authorizing adoption by the Town Board of the Town of Rhinebeck Local Law 2 of 2010
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Rhinebeck for a public hearing to be held by the Town Board on June 28, 2019 at 7:00 pm to hear all interested parties to the proposed Local Law entitled, Local Law #2 of 2010, entitled, "A Local Law of the Town of Rhinebeck, Dutchess County, New York, entitled, "Ethics"; and
WHEREAS, said notice of Public Hearing was duly posted and published; and
WHEREAS, the Public Hearing was duly held on June 28, 2010 at 7:00 pm at Town Hall at Town of Rhinebeck and all parties in attendance were permitted the opportunity to speak on behalf of or in opposition to said proposed Local Law; now, therefore, be it
RESOLVED, that the Town Board of the Town of Rhinebeck hereby adopts Local Law 2 of 2010 entitled, "A Local Law of the Town of Rhinebeck, Dutchess County, New York, entitled, "Ethics" a copy of which is annexed hereto and made a part of this Resolution
Motioned by Joe Gelb Seconded by Dan Staley
Councilperson Gina Fox aye
Councilperson Joe Gelb aye
Councilperson Dan Staley
Councilperson Bruce Washburn
Supervisor Tom Traudt absent
Motioned carried 4-0
Certified this 28th day of June, 2010
By Town Clerk
Barbara Cunningham
§17-18 Ethics Board: Establishment; Qualifications of Members; Appointment of Members; Term of Office.
1. Pursuant to the provisions of §808 of the General Municipal Law of the State of New York, there is hereby established an Ethics Board consisting of five members, appointed by the Town Board.
2. Of the total membership of the Board, no more than two shall be registered in the same political party.
3. All Ethics Board members shall reside within the Town.
4. No Ethics Board member shall be an officer in a political party. No Ethics Board member shall be employed or act as a lobbyist in the Town of Rhinebeck. An Ethics Board member may make campaign contributions but may not participate in any election campaign.
5. Within 60 days after the effective date of this local law, and no later that December 31 each year thereafter, the Town Board shall appoint the members of the Ethics Board.
6. The term of office of Ethics Board members shall be three years and shall run from January 1 through December 31, except that of the members first appointed, one member shall serve until December 31 of the year in which the Board is established, two shall serve until the second December 31, and two shall serve until the third December 31.
7. Consecutive service on the Board shall not exceed two full terms.
8. The members of the Ethics Board shall not receive compensation.
9. The Attorney to the Town shall serve as counsel to the Ethics Board, except in any matter where the Attorney determines he is not able to serve the Ethics Board due to a conflict of interest. In such event, the Ethics Board may retain separate counsel of its choosing, or if a conflict attorney has been appointed by the Town Board, the Ethics Board shall retain such conflict attorney if the advice of counsel is sought.
10. The Town Board may appropriate monies for the maintenance and personal services connected with the Ethics Board.
Highlighted and underscored #3 is the section that was changed.
Business before the Board
On motion from Dan and second by Gina Capital Project Abstracts
Cap Project 79 Hog's Bridge
Morris & Associate V 24 95 04 5120 253 $ 4,809.30 carry over
Paid on last abstract v 25
Gellert & Klein v 26 95 04 5120 252 52.50
Morris & Associate v 27 95 04 5120 253 4,448.11
TOTAL $ 9,309.91 and
Cap Pro 80 VCSD
Morris & Associates Abs 7 v20 96 07 8130 253 $2,115.95 carry over
Paid on last abstract v 21
Morris & Associates v 22 96 07 8110 254 5,504.35 carry over
Total $7,620.30
Total of all Cap Projects $16,930.21
were unanimously approved.
1a Dan motioned and Bruce seconded to authorize the bookkeeper to make the following budget transfers, amendments, and any necessary bookkeeping entries.
GENERAL FUND
MAINTENANCE
Building Repairs 00 01 1630 440 - $ 71.77
Electric 00 01 1630 431 + $ 71.77
YOUTH PROGRAMS
Personal Services-Gymnastics 00 06 7310 101 - $ 950.00
Gymnastics 00 06 7310 437 + $ 600.00
Zumba Instructor 00 06 7620 400 + $ 350.00
PART-TOWN FUND
BENEFITS
NYS Retirement 01 08 9010 800 - $ 160.27
Worker's Comp 01 08 9040 800 + $ 160.27
To cover estimated Deposit Bill
HIGHWAY GENERAL FUND
BENEFITS
Personal Services 02 04 5120 100 - $1,618.23
Worker's Comp 02 08 9040 800 + $1,618.23
To cover additional amount due for Audit Bill and estimated Deposit Bill
Motion carried unanimously.
Dan motioned and Joe seconded to approve VCSD change order for Arold to supply/install 12 poly-air activated carbon vent filters at $1,480. Motion carried unanimously.
Vanderburgh Cove Sewer District Resolution 33 of 2010 loan of $7,620.30
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 Vanderburg 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 $7,620.30 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 $7,620.30
Cash 01 200 $7,620.30
To Loan VCSD H80
Capital Project H80 Vanderburg Cove Sewer District Repairs & Improvements
Cash 96 200 $7,620.30
Due to Part-Town Fund 96 630 $7,620.30
Estimated Revenue 96 510 + $7,620.30
Proceeds of Serial Bond 96 5710
Appropriations 96 960
Add the following to Abstract 6
Morris V20 96 07 8130 253 + $ 2,115.95 Carry over
Morris V22 96 07 8110 254 + $ 5,504.35 Carry over
Offered by Dan Staley Seconded by Joe Gelb
Roll Call Vote: Councilperson Fox aye
Councilperson Gelb aye
Councilperson Staley aye
Councilperson Washburn aye
Supervisor Traudt absent
Certified to this 28th day of June 2010 by ____________________
Barbara B. Cunningham, Town Clerk
On motion from Joe and second by Gina abstract 6B vouchers 766-799 for $64,991.65 was unanimously approved
Chazen landfill monitoring contract for $8,900.
WHEREAS, in accordance with the Town of Rhinebeck Procurement Policy, in May, 2010 the Town sought proposals from qualified landfill monitoring companies in connection with the closed Rhinebeck Landfill; and
WHEREAS, three proposals were received and are on file with the Town Clerk; and
WHEREAS, The Chazen Companies submitted the lowest written proposal for $8,900 now, therefore, be it
RESOLVED, that the Town Board of the Town of Rhinebeck does hereby award the 2010 landfill monitoring contract to Chazen, in the substantially the form attached hereto and be it further
RESOLVED, that the Supervisor is authorized to execute the contract upon receipt of Contracts executed by Chazen together with satisfactory proof of insurance as required therein.
Motioned by Gina Fox Seconded by Joe Gelb
Councilman Gelb aye
Councilwoman Fox aye
Councilman Staley aye
Councilman Washburn aye
Supervisor Traudt absent
Motion carried 4-0
Professional Services Agreement Proposal Number: PM 10-077 Project Name: _Rhinebeck Landfill Sampling______________________________ Project Number: ______________________ The Chazen Companies Page 1 of 3 AGREEMENT MADE this ______ day of __________________ 2010 by and between Chazen Engineering, Land Surveying & Landscape Architecture Co., P.C. (CELSLA) or Chazen Environmental Services, Inc. (CES), each existing under the laws of the State of New York, with their principal places of business at 21 Fox Street, Poughkeepsie, New York 12601 (hereafter referred to collectively as "Chazen" ) and ______________________________ (hereafter referred to as "Client").
1. PURPOSE: Client hereby retains Chazen to perform the services described in the Proposal For Professional Services dated May 24, 2010, ("Proposal") which is hereby made a part of this Agreement.
2. COMPENSATION: Chazen's compensation for services shall be as stated in the Proposal. Chazen shall submit invoices in accordance with Client's established procedures on or about the tenth day of each month. Invoices shall be payable upon receipt. Invoices not paid within 45 days of receipt will be assessed a finance charge of 1.5% per month. Chazen shall provide all services for the contract period at the rates stated in the Proposal. Chazen may suspend its performance under this Agreement until all delinquent amounts due for services and expenses have been paid. All amounts due and owed Chazen under this Agreement shall be paid in full at the completion of services. Chazen may refuse to release reports, maps and materials prepared by Chazen for Client until all arrearages are paid in full. .
3. COOPERATION: Client agrees to keep Chazen informed of changes to the project scope and schedule, and shall arrange for and provide Chazen entry to property in order to perform the services. Client shall give Chazen prompt notice of any potentially hazardous or injurious conditions Client knows of which may be present on property Chazen must enter. . Client agrees to allow Chazen to use photographic images, along with information about the project and/or a description of the services provided, for promotional purposes without restriction or monetary compensation.
4. PROJECT DOCUMENTS:
All Documents which may include, but are not limited to, Plans, Specifications, Survey Plats, Technical Reports and Correspondence are instruments of service with respect to this Project, and Chazen shall retain an ownership and property interest therein, including the right to reuse the Documents. The right to alter the Documents belongs only to Chazen.
Client and Client's contractors or other consultants may rely only upon printed copies (also known as hard copies) of Documents that are signed and sealed by a Licensed Professional employed by Chazen. If there is any discrepancy between printed copies and any electronic copies, the most recent version of the printed and certified copies govern.
Any electronic copies (files) provided will be provided solely as a convenience and shall NOT be considered "Contract Documents," "Construction Documents" or any type of certified document. All documents considered "Contract Documents," "Construction Documents" or any type of certified document shall consist only of printed copies having an original signature and seal of a Licensed Professional employed by Chazen.
Be advised that electronic copies of Documents can deteriorate or be inadvertently modified without Chazen's consent, or may be otherwise corrupted or defective. Accordingly, Client and Client's contractors or other consultants may not rely upon the accuracy of any electronic copies of Documents.
Any use, conclusion or information obtained or derived from electronic copies of Documents by Client or Client's contractors or other consultants will be at Client's sole risk and without liability to Chazen. Client shall defend, indemnify, and hold harmless Chazen and its officers, directors, representatives and agents from and against all claims, demands, liabilities, causes of action, suits, judgments, damages, and expenses (including attorneys' fees) arising from any use whatsoever or reliance on electronic copies of Documents.
Client understands that Documents are not intended or represented to be suitable for any purpose other than that for which they were created. Any reuse or modification of Documents by Client or Client's contractors or other consultants will be at Client's sole risk and without liability to Chazen. Client shall defend, indemnify, and hold harmless Chazen and its officers, directors, representatives and agents from and against all claims,
Professional Services Agreement Proposal Number: PM 10-077 Project Name: _Rhinebeck Landfill Sampling______________________________ Project Number: _______
demands, liabilities, causes of action, suits, judgments, damages, and expenses (including attorneys' fees) arising from any reuse or modification of Documents.
G.
Client understands that it is a violation of New York State Education Law for any person to alter in any way any Document that has been signed and sealed by a Professional Engineer or Land Surveyor, unless he or she is acting under the direction of a licensed Professional Engineer or Land Surveyor and that the altering professional signs and seals the document and describes the alteration.
5. INDEMNITY & LIMITATION OF LIABILITY: Client and Chazen have discussed the risks, rewards and benefits of the project and Chazen's fees for services under this Agreement. Client and Chazen have also discussed the allocation of risk associated with their respective duties under this Agreement and agree, to the fullest extent permitted by law:
A. Chazen shall carry and maintain statutory Workers Compensation, as well as General Liability, Automobile Liability and Professional Liability insurance, each in limits of not less than $1.0 million per occurrence, $2.0 million in the aggregate. Simultaneous with the execution of this Agreement by Chazen, and prior to execution by client, Chazen shall provide Client with certificates of insurance evidencing coverage in the amounts set forth above and naming Client as an additional insured. Chazen agrees to indemnify Client against loss caused by the negligent actions of Chazen, and the employees and subcontractors of Chazen. Chazen will not be responsible for any loss or liability, or any violation of law, rule, regulation or decree by Client or the employees, agents, contractors, or consultants of Client.
B. Chazen agrees that it will not bring hazardous or toxic materials onto Client's property. Client understands that the ordinary course of work performed by Chazen may result in the excavation and relocation of hazardous or toxic materials that were on or under the property before Chazen began its work. Client understands that Client is solely responsible for the cost of investigating, removing, and remediating such materials.
6. TERMINATION: In the event of substantial failure by either party to perform under this Agreement, the aggrieved party may terminate this Agreement upon seven (7) days written notice. If this Agreement is terminated, Client shall remit all undisputed monies due Chazen within 30 days. Chazen at its sole discretion, may terminate this Agreement upon seven (7) days prior written notice to Client when it reasonably believes there may be condition(s) which threaten the health and safety of Chazen personnel and subcontractors. Chazen assumes no duty to report hazardous or dangerous conditions not caused by Chazen and shall rely exclusively upon Client to report any such conditions. No termination by Chazen shall take effect if the Client, within the seven (7) days notice period cures the alleged defect or hazardous condition.
7. SEVERABILITY: If any provision of this Agreement is held invalid such provision shall have no effect, but all remaining provisions shall continue in full force and effect. Each provision of this Agreement shall be interpreted so as to render it valid.
8. NOTICES: All notices shall be in writing and shall be sufficient if sent by hand, first class mail or overnight mail to the addresses of Client and Chazen as shown herein. Notices sent by first class mail shall be deemed as received five (5) business days after mailing. Each party hereby agrees to accept all mailed and hand delivered communications.
9. ENTIRE AGREEMENT: This Agreement and any attachments and exhibits identified herein represent all of the promises, agreements, conditions, understandings, and undertakings between Client and Chazen.
10. AMENDMENTS: This Agreement shall bind Client and Chazen and their successors and assigns. The parties may, by written agreement(s), modify and amend this Agreement. Any such amendment must be in writing and be signed by the party against whom enforcement of the amendment is sought. No breach of any part of this Agreement shall be deemed waived unless expressly waived in writing by the party who might assert such a breach. The failure of any party to insist in any one or more instances upon strict performance of this Agreement shall not be construed as a waiver of the right to insist upon strict performance. Professional Services Agreement Proposal Number: PM 10-077 Project Name: _Rhinebeck Landfill Sampling______________________________ Project Number: ______________________ The Chazen Companies
11. GOVERNING LAW: This Agreement shall be governed and construed by the laws of the State of New York. For purposes of any legal action or suit related to or arising out of this Agreement venue shall be Dutchess County, New York.
12. COUNTERPARTS: This Agreement, and any amendments or revisions thereto, may be executed in two or more counterparts each of which shall be deemed an original, but which together shall constitute one and the same instrument(s).
13.
REPRESENTATIONS: Client and Chazen state that each has full power and authority to make, execute and perform this Agreement. Signatory for Client states that he is an officer, owner, partner, agent or attorney for Client. Neither Client nor Chazen is bankrupt or have availed themselves of any debtor's remedies nor are currently contemplating such.
14.
Chazen shall not use sub-contractors to perform any of the work without Client's prior written consent. Chazen shall be solely responsible for payment of any sub-contractors, and Client shall not, under any circumstances, be liable for the cost of work performed by sub-contractors, which cost exceeds the rates set forth in the Proposal. All sub-contractors shall be subject to the insurance requirements of paragraph 5A above.
CLIENT THE CHAZEN COMPANIES
By:
Printed Name Supervisor Thomas Traudt
Date:
By:
Printed Name: __________________________________
Date:
EFC Funding update from Counsel - Ms. Richardson reported there are still some outstanding issues that need to be dealt with before this closing can occur. Some paper work is necessary from Morris & Associates. Ron Evangelista, from Morris, immediately replied that all their paperwork was submitted months ago and his understanding is the intermunicipal agreement with Hyde Park has not been finalized. She also pointed out that there are no scheduled State meetings until September so the Town might want to consider a bridge loan for the short term if they are concerned about timing.
Councilman Staley is frustrated with the progress the town attorneys are making. We starting talking to Gellert almost 8 months ago and it seems like there is always a different story. Pam relied she is only relaying a message. Gina is confused how we got to this point without an agreement with Hyde Park. Pam suggested an Executive Session since there are larger issues and she is not comfortable discussing this in an open forum. Joe suggested the Board speak to our State Senator and or State Legislator. He is concerned and the Town Board needs to know that all the information has been submitted. Dan then motioned and Gina seconded to have Scott Volkman at our next meeting in July. Bruce wants assurances that the town is meeting our criteria and not holding up the process. All were in favor of having Scott at July 28th meeting.
Rose Ann Boyle stated that Mr. Staley asked these questions of counsel before and we still have no answers from our attorney. The residents are under the impression we have the 0% financing for $1.75 million which she read from an EFC letter dated May 11th. She wants to know why this been allowed to go on for so long with no answers from the Town's attorneys. Ms. Richardson replied the State EFC and the Public Authority Board need to meet and there are no meetings scheduled at this time. Sally Mazzarella asked Pam to have our local representatives intercede and facilitate this meeting. She is sure either Steve Saland or Kevin Cahill could help to get a meeting scheduled. Dan doesn't understand how these issues are just now coming to the attention of the Board tonight. If these have been ongoing issues we should have been informed as they came up and not at this late date.
Pedestrian Bridge responsibilities update from counsel - Pam reported that CSX does not own this bridge. She feels that there must be contract out there but it cannot be located. Joe said this is a huge maintenance issue and Gina remarked that the snow and ice removal is definitely a hazard. Dan feels if people benefit from the bridge over the tracks the Town needs to keep it safe. Pam has reviewed the Town Board minutes from 1999 and the Town Board accepted responsibility but she cannot find a contract. Joe questioned if the Town is legally responsible to keep it open in bad weather? Sally Mazzarella said she certainly remembers all the grants the Town went after for the Pedestrian Bridge. It allows boater access to the Rhinecliff area. It is an economic development issue for Rhinecliff, not just for commuters. If State and Federal monies were used we cannot just close this bridge. Pam stated the larger issue is that if State and Federal monies were used there may be covenants which would allow the Town to close it off. Gina feels if CSX owns 2/3's let's just bill them. Pam said she is not done talking with CSX and she is hoping the Comptrollers Office will have our answer. Joe pointed out we are just getting estimates at this point; let's move forward.
Dan motioned and Gina seconded to obtain quotes to repair pedestrian bridge roof. Dan will forward the wordage to the Town Clerk. All were in favor.
On motion from Dan and second by Gina the June 14th Town Board minutes were unanimously approved.
Transfer Escrow deposits and rename Trust and Agency checking account for use as a general checking account. Joe pointed out that we are just renaming the account.
WHEREAS, the Town of Rhinebeck (the "Town") currently uses its
checking account at M&T Bank, known as the "Trust Agency Account" as the Town's
consolidated checking account, into which the Town deposits funds necessary to pay the
Town's current bills and writes checks on such checking account for payment of such
bills;
WHEREAS, the Trust and Agency Account also has deposited in it: (i)
deposits paid by persons who have applications before the Town Board, Planning Board
and Zoning Board of Appeals to be applied to the costs of handling such applications
("Escrow Funds"); (ii) approximately $830.00 donated by the Thomas Thompson Trust
("Thompson Money"); (iii) Park Lands Funds; and (iv) amounts due periodically for
payroll taxes;
WHEREAS, the Town Board of the Town of Rhinebeck believes it should
have a consolidated Trust Agency checking account separate from the bank account in
which the Town keeps Escrow Funds and Park Lands Funds; and
WHEREAS, the Town of Rhinebeck also has a Capital Fund Money
Market Account into which Thompson Money should be transferred.
Now therefore, be it RESOLVED:
1. The Town Board directs the Town Office Manager to have M&T Bank rename
the Town's Trust Agency Account to "Consolidated Checking Account";
2. The Town directs the Town Supervisor to open a new Money Market Account at
M&T Bank, to be called the "Trust Agency Account" into which there shall be
transferred the Escrow Funds and the Park Lands Funds presently contained in the
current Trust and Agency Account;
3. Amounts due periodically for payroll taxes shall be kept in the Consolidated
Checking Account;
4. The Thompson Money in the current Trust and Agency Account shall be
transferred to the Thompson/Mazzarella Capital Project H62 in the Capital Fund Money
Market Account.
MOTION BY Joe Gelb SECONDED BY Gina Fox
Jeff Romano asked how banks are established and Bruce explained they are named at the annual Re-Organization meetings in January. Bruce wondered why the water and fire districts are excluded from this resolution.
Supervisor Tom Traudt absent
Councilperson Dan Staley aye
Councilperson Bruce Washburn aye
Councilperson Joe Gelb aye
Councilperson Gina Fox
Resolution passed 4-0 and certified
________________________________________
Barbara Cunningham, Town Clerk
12. Motion to set aside money for NYSERDA projects.
WHEREAS, the Town of Rhinebeck (the "Town") has been awarded
grants from NYSERDA for three projects, with the Town's contribution to each at 20%
of the total cost, as follows:
NYSERDAContribution TownContribution Total Budget
Project A -
Transfer Station - Solar $ 57,040.00 $ 14,260.00 $ 71,300.00
Project B -
Highway Garage - Solar 224,848.00 56,212.00 281,060.00
Project C -
Highway Garage - Lighting 2,380.80 595.20 2,976.00
$ 284,268.80 $ 71,067.20 $ 355,336.00
WHEREAS, the Capital Fund includes Capital Project H59 with a balance
of approximately $50,000 for the Town's Recycling Center/Transfer Station maintenance
and improvements;
WHEREAS, the Capital Fund includes Capital Projects for: (i) Highway
Fuel Depot, Capital Project H70, with a balance of approximately $6,500 and (ii)
Highway Garage, Project H72, with a balance of approximately $3,029.
Now therefore, be it RESOLVED:
1. In connection with Project A, expenses should be paid out of Capital Project H59;
2. In connection with Project B, a new Capital Project H81, to be called "Town
Garage Solar" should be set up and $56,212.00 should be transferred in the future from
the General Fund into such Capital Project upon further decision by the Town Board as to
the source of the funds. In addition, the balance of monies in Capital Project H70 should
be transferred to the new Capital Project H81 "Town Garage Solar" and Capital Project
H70 should be closed. Project B expenses should be paid out of such Capital Project
H81;
3. In connection with Project C, a new Capital Project H82 called "Highway Garage
Electrical" should be set up and the balance of monies in Capital Project H72 should be
transferred to the new "Highway Garage Electrical" Capital Project H82 and Capital
Project H72 should be closed. Project C expenses should be paid out of such Capital
Project H82.
MOTION BY Joe Gelb SECONDED BY Gina Fox
Joe explained that the engineering and RFP expenses are not covered in these NYSERDA grant. Bruce feels that the highway should come out of the Highway General Fund not the General Fund. Shelly Day told the Board that the highway garage is a general fund expense and is the same tax base. She will need to check if state law allows Bruce's suggestion. Joe suggested following wordage for underlined words in #2. a fund into such Capital Project to be determined at a later date.
Steve Block is getting nervous about the Town's finances. These NYSERDA grants and town expenses plus litigation costs to defend the Comp Plan could be high. He supports the projects but doesn't see any plan in place as to how the Town will handle the expenditures. Gina reminded everyone that the July 12th meeting will focus on our financial picture. Joe is not sure if that meeting will address these concerns. We don't have to do NYSERDA this year, we can wait until 2011. Bruce wants to Board to focus on expenses and have an investment review at the July 12th meeting. He does not feel the Board is doing their job. Bruce stated we do have a plan, we are just adding to our plan; modifications are always needed.
Supervisor Tom Traudt absent
Councilperson Dan Staley aye
Councilperson Bruce Washburn aye
Councilperson Joe Gelb aye
Councilperson Gina Fox aye
Resolution passed 4-0.
13. Resolution to increase Planning Board Fees
WHEREAS, on December 29, 2009, the Town Board of the Town of
Rhinebeck (the "Town Board") enacted a new Zoning Law and a new Wetlands Law,
which in part calls for certain required submissions and steps in the Town's planning
review process which are new and/or changed;
WHEREAS, a number of the fees charged in the planning review process of the
Town of Rhinebeck (the "Town") have not been adjusted for a number of years; and
WHEREAS, Town Planning Consultant, Art Brod of PLANNERS EAST
Incorporated, and Michael Trimble, Planning Board Chairman, have studied the Town's
fees for various steps in the planning review process and recommend an update by the
Town Board of the current fee schedule as posted on the Town's web-site both to reflect
the Town Board's adoption of the captioned Town Code Chapter 101, Subdivision of
Land, Chapter 120, Wetlands, and Chapter 125, Zoning, on December 29, 2009, and
better ensure in tandem with Local Law No. 2 of the Year 2006 that expenses incurred by
the Town in the administration of its land use and development review responsibilities
under these Chapters and review of applications made thereupon are borne by those
benefiting from applications made and not by the general public;
Now therefore, be it RESOLVED:
The Town Board, upon its determination that the adoption of an updated
fee schedule is a Type II Action under SEQRA for which environmental review is
precluded, adopts effective immediately upon certification by the Town Clerk the fee
schedule as follows in the column entitled "NEW" and directs the posting of the updated
fee schedule on the Town's web-site and the distribution of copies thereof to the Zoning
Enforcement Officer, Planning Board and Zoning Board of Appeals:
FEE SCHEDULE CURRENT NEW
Subdivision
• Pre-Application Conference
Four (4) or fewer lots $100 $100
Five (5) or more lots $200 $200
• Sketch Plan Review &
Classification*
Minor $150 $150, plus $100 for each
new lot or principal
dwelling unit, not to
exceed $750
Major $350 $150, plus $100 for each
new lot or principal
dwelling unit, not to
exceed $750
* Posting of initial escrow deposit may be required at time of application in accordance
with Local Law No. 2 of the year 2006.
3
FEE SCHEDULE CURRENT NEW
• Application for Subdivision Plat Approval**
Minor Subdivision $150, plus $50 for each
new lot or dwelling unit
proposed
$250, plus $250 for each
new lot or principal
dwelling unit proposed
Major Subdivision
- Preliminary Plat $150, plus $50 for each
new lot or dwelling
included in preliminary
$250, plus $250 for each
new lot or principal
dwelling unit
- Final Plat N/A $250, plus $100 for each
new lot or principal
dwelling unit
• Payment in lieu of Recreation Land $1,500 $3,000 for each new lot
or principal dwelling
unit
Special Use Permit
• Pre-Application Conference N/A $200
Multi-family or commercial
development, including mining
All others N/A $100
• Application for Special Use Permit
Conventional Subdivision* N/A $250
All others** $150 $250 plus $150 for each
Special Use Permit
requested beyond the
first in a combined
application
** Posting of initial escrow deposit is required at time of application in accordance with
Local Law No. 2 of the year 2006.
FEE SCHEDULE CURRENT NEW
Site Plan
• Pre-Application Conference N/A $200
Multi-family or commercial
development, including mining
All others N/A $100
• Sketch Plan Conference
Signs & accessory special N/A N/A
permit uses
All others N/A $250
• Application for Site Plan Review and Approval
Existing building - addition
and/or other exterior building or
site modifications**
$150 plus $75 for each
1,000 s.f., or part
thereof, of gross floor
area proposed
$250 plus $100 for each
1,000 s.f., or part
thereof, of gross floor
area proposed
New building** $150 plus $75 for each
1,000 s.f., or part
thereof, of gross floor
area proposed
$250 plus $100 for each
1,000 s.f., or part
thereof, of gross floor
area proposed
Non-resident buildings defined N/A $100
by NYS Agriculture & Markets
Law as farm use*
Amendment of Approved Site N/A $100
Plan - sign, lighting and/or
landscaping only
• Payment in lieu of Recreation Land N/A $1,500 for each dwelling
unit, if not previously
subject to payment
under Subdivision Plat
Approval
5
FEE SCHEDULE CURRENT NEW
Certificate of Demolition or
Removal
• Pre-Submission Conference N/A $100
• Application for Certificate of N/A $250
Demolition or Removal
• Application for Certificate of N/A $250
Economic Hardship
Administrative Review
• Appeal by Party with Standing of
Order, Requirement, Decision,
Interpretation or Determination
under the Zoning Law made by the
Zoning Enforcement Officer*
$150 plus steno cost, if any
$250 - both fee and
escrow deposit, if any,
are refundable if ZBA
acts to set aside ZEO's
action
Variance
• Use Variance** $250 $500
• Area Variance* $150 $250 plus $100 for each
Area Variance requested
beyond the first within a
combined application
Change of Non-Conforming Use* N/A $250
Wetlands Permit
• Pre-Submission Conference N/A $100
• Application for Wetlands Permit** N/A $250 plus $100 for each
0.1 acre, or portion
thereof, of proposed
disturbance within
wetland or 100-foot
buffer
6
FEE SCHEDULE CURRENT NEW
Initial Escrow Deposit Amounts
• Subdivision Applications $100 per lot or dwelling
unit
$250 for each new
residential lot or
principal dwelling unit
• Site Plan Review 2.0% of estimated cost greater of $500 or 0.1%
of estimated project cost
• Special Use Permit $500 $500
• Use Variance Determined by Town
consultant at time of
application
$500 or such greater
amount as determined
by ZBA at time of
application
• Petition for Rezoning Determined by Town
consultant at time of
application
$500 or such greater
amount determined by
Town Board at time of
application
• SEQRA Compliance 0.5% of estimated cost 0.5% of estimated
project cost, not
including land
• Inspection of Improvements N/A 2.0% of estimated
project cost
MOTION BY Joe Gelb SECONDED BY Gina Fox
Joe explained there is a deficient of $45,000 for the Planning Board and the costs should fall on the users and not the taxpayers. Dan asked where the deficiencies came from and Joe replied there is a secretary, insurance, benefits and consultants. These fee increases are endorsed by the Planning Board Chairman Mike Trimble and the consultant Art Brod. Dan feels there must be other ways to cut costs. Joe feels we need to pass this and modify later if necessary. Ms. Richardson pointed out that fees cannot be unreasonable and or for profit. Steve Block says typically escrow fees should cover consultant fees charged to the applicant. It would be wiser to identify the overhead costs and then apportion to the applicants. Sally Mazzarella is glad to see these increase, our Town is low in comparison to other towns.
Tom Traudt absent
Dan Staley aye
Bruce Washburn aye
Joe Gelb aye
Gina Fox aye
Motion carried 4-0.
Resolution Certified:
__________________________________________
Barbara Cunningham, Town Clerk
14. Recreation fees
WHEREAS, the Town of Rhinebeck (the "Town") owns, maintains and
operates recreational facilities for use by residents of the Town and by visitors and
residents from the surrounding areas; and
WHEREAS, the Recreation Committee of the Town of Rhinebeck has
reviewed and recommended a proposed fee schedule for the private use of the pavilions
in the Town's recreational areas and submitted the proposed fee schedule to the Town
Board.
Now therefore, be it RESOLVED:
The Town Board adopts effective immediately upon certification by the
Town Clerk of the fee schedule as follows and directs the posting of the updated fee
schedule on the Town's web-site and the distribution of copies thereof to the Town
officers, employees and volunteers:
FACILITY FEE
Pavilion 1 (including the pool)
Monday thru Thursday
4 hour rental by resident $100
4 hour rental by non-resident $300
Pool fee per person per rental $3
(whether swimming or not)
FACILITY FEE
Pavilions 2 and 3
4 hour rental by resident $50
4 hour rental by non-resident $100
Security Deposit
All pavilion rentals - security deposit will be
returned after inspection of the facilities $50
MOTION BY Joe Gelb SECONDED BY Gina Fox
Gina feels a signed permit may be necessary. These fee increases are still lower than some surrounding towns. We have 12 applications waiting for approval. Jeff Romano is concerned about low income families paying these fees.
Tom Traudt absent
Dan Staley aye
Bruce Washburn aye
Joe Gelb aye
Gina Fox aye
Motion passed 4-0.
Resolution Certified:
__________________________________________
Barbara Cunningham, Town Clerk Date
Discussion
1. NYSERDA grants:
a. NYSERDA's request that the Town agree to a change in progress
payment schedule
Joe stated that a certain progress payment system is necessary; we need to slow down payment and agree to modify. Some formulas have been changed by NYSERDA; notice to proceed from 20% to 0% and materials delivered from 60% to 70%.
b. Preparation of RFP
c. Need for structural engineer to look at roof for solar panels.
Piano exchange - Gina has found out that the 1916 Steinway piano on our stage is not able to be tuned. John Woodward, our piano turner, has suggested a Pleasant Valley resident who will swap out this piano at no cost. Pam Richardson suggested getting another opinion as to the value and make sure you are getting true value. Gina will research.
Dan feels the noise ordinance needs to be modified in our new Zoning Law. We need to purchase a decibel meter or the current law is not enforceable. Gina will look into this matter.
Dan wants counsel to look into the easement issue with the adjoining neighbor to the Rhinecliff municipal lot. Pam responded there is some history on this property and she will research, she has just pulled Gellert's file out of storage. Joe volunteered to look into and will get with the Supervisor.
Adjournment
At 9:35 on motion from Dan and second from Joe this meeting was unanimously closed to go into an attorney/client session regarding the EFC funding issue.
At 10:10 the attorney/client session ended and the meeting was unanimously adjourned on motion from Bruce and second from Gina.
Respectfully submitted,
Barbara Cunningham
Town Clerk