Town Board Meeing Minutes 07-26-10

July 26, 2010 Town of Rhinebeck Town Board Meeting Minutes

 

At 6:45 this meeting was called to order and Supervisor Tom Traudt lead the audience in the Pledge of Allegiance. Council members Bruce Washburn, Gina Fox, Joe Gelb were present along with Counsel Pam Richardson. Councilman Staley was absent. 37 residents and 7 reporters were also here.

 

ANNOUNCEMENTS

Senior Citizen's Van now operating Tuesday and Friday mornings - call Town Hall 876-3409 for more details

 

September 11th Rhinecliff Waterfront Day

 

October 1st Community Block grant applications due to County Planning

 

PRESENTATION

Northern Dutchess Symphony Orchestra -

 

Dana Marks explained their mission is to perform quality music at a reasonable price. We have now completely our 4th season. We also conduct several workshops throughout the year. She is here tonight to spread the word, hopefully in the fall there can be a joint press conference with the Village announcing our concerts. Several Rhinebeck residents are in the orchestra.

 

DISCUSSION

 

Noise concerns in Rhinecliff - The Supervisor stated that the Town Board has received some complaints about the noise from the Rhinecliff Hotel. James Chapman, owner of the Hotel, asked to speak. He has not received any complaints and asked residents to call him directly with their concerns. He also stated that he mistakenly allowed the Jazz Band to perform outside. James promised in the future that the doors will be closed and the bands have been asked to lower their volume. We are also cutting the bands off at 11 pm. Regarding the trash issue; the bartenders have stopped dumping bottles during closing time. The parking on Grinnell Street has also improved since the Highway Superintendent has placed No Parking signs along the street. The Supervisor thanked James for his comments and Tom feels that both James and David have always been responsive to any of our residents concerns. Stephen Fisher feels the Hotel is a wonderful asset to the hamlet and they have been stalwarts of the community. He personally loves visiting this establishment and knows the Chapman's will address and rectify any problems.

 

Update on Town Hall Piano - Gina reported that 2 appraisers will soon be coming to appraise the piano on the Town Hall stage.

Cost Study of 2009 revenue/expenditures - Joe Gelb reported that he and Shelly have put together this package. Every department is operating at a deficit; fees have been increased for the Planning and Zoning offices. The Transfer Station, Cemetery and Recreation fees are currently being looked at. The Board needs to strive to get our revenues up. Bruce would like to see this same comparison done on all departments but Joe feels we can get those numbers from other reports. Bruce thinks the same format on all departments would be helpful. Bruce also feels that you can't raise fees too high or people will stop using the facilities which defeats the purpose of raising fees. The Supervisor feels we need the public to absorb these numbers since they will impact most of us.

Police coverage for possible July 31st event- The Supervisor has been receiving calls from residents who are concerned about road closures this coming weekend. Dan Staley has been talking with the Rhinebeck Police Department and Dutchess County Sheriff and Tom has been talking with the State Troopers. The Town may need an additional $2,500 to cover this weekend's security. He personally has a conflict of interest since he is a deputy sheriff and will recuse himself from the vote.

 

Gina has reached out to a couple of people working on the event and they have not asked for any additional coverage. She wondered where these funds are coming from and Tom replied they would come out of account #01-02-3120-420 police coverage. Gina isn't sure we need this additional coverage since it has not been requested. Tom explained we don't know the impact and we need to protect our residents. Gina would be more comfortable if the Village Police were used and Tom said absolutely we need to engage in that conversation with them. Bruce pointed out that the Town is covered by security for bigger events than this during Fair week and the Good Guys Car Show without additional Town funding. Tom replied that the State is more involved with those events.

 

Kathy Kinsella, Highway Superintendent, feels it is important that the Town does not stick its head in the sand. With crowds come traffic; it is our responsibility to be available and protect our citizens. She supports the allocation of $2,500 and using the Village Police. Gina motioned and Joe seconded to allocate $2,500 for additional Village Police coverage if they have the availability. Bruce, Gina and Joe were in favor with Tom recusing himself. Motion carried 3-0.

 

Intermunicipal agreement with Hyde Park for VCSD - Ms. Richardson reported that a public hearing needs to be scheduled before an agreement can be signed with Hyde Park. The agreement is not in its final form but it is sufficient for public viewing. Bruce pointed out we are looking at a 10 week cycle, he suggested Friday night. Pam stated she and Scott are unavailable that night. After much discussion about various dates and time on motion from Tom and second by Gina a special meeting was scheduled for a public hearing on July 30th at 5:00. All were in favor. The Town Clerk will notice the paper.

NOTICE OF PUBLIC HEARING TOWN OF RHINEBECK

 

PLEASE TAKE NOTICE that a Public Hearing will be held be the Town Board of the Town of Rhinebeck on Friday, July 30, 2010 at 5:00 p.m. at the Town Hall, 80 East Market Street, Rhinebeck, New York, the purpose of this Public Hearing will be to consider an Intermunicipal Agreement pursuant to Article 5G of the General Municipal Law of the State of New York with the Town of Hyde Park pertaining to the care, custody, control, operation and maintenance of the Vanderburgh Cove Sewer District in the Town of Rhinebeck and the Vanderburgh Cover Sewer District in the Town of Hyde Park.

All interested parties shall be entitled to be heard upon said proposed Intermunicipal Agreement at such public hearing. Copies of said proposed Intermunicipal Agreement are available for review at the Town Clerk's Office, Town Hall, and 80 East Market Street, New York during regular office hours.

BY ORDER OF THE TOWN BOARD

 

__________________________________________

BARBARA CUNNINGHAM, TOWN CLERK

 

INTERMUNICIPAL SERVICE AGREEMENT REGARDING

VANDERBURGH COVE SEWER DISTRICTS

TOWN OF RHINEBECK AND TOWN OF HYDE PARK

 

 

This Intermunicipal Service Agreement Regarding Vanderburgh Cove Sewer Districts is dated as of the _________ day of ________ 2010, by and between the TOWN OF RHINEBECK, a municipal subdivision of the State of New York situate in Dutchess County, with offices at 80 East Market Street, Rhinebeck, NY 12572 ("Rhinebeck") on behalf of Vanderburgh Cove Sewer District #2.; and the TOWN OF HYDE PARK, a municipal subdivision of the State of New York situate in Dutchess County, with offices at 4383 Albany Post Road, Hyde Park, NY 12538 ("Hyde Park") on behalf of Vanderburgh Cove Sewer District #2.

W I T N E S S E T H:

WHEREAS, pursuant to Article 5-G of the General Municipal Law, the parties are authorized to enter into this Intermunicipal Agreement for the purposes of construction and development of sewerage facilities for a term not exceeding 40 years; and

WHEREAS, Vanderburgh Cove was created as a 40 lot subdivision in 1967, and served by a sewage works corporation known as Fisherman's Road, Inc., formed under the NYS Transportation Corporations Law; and

WHEREAS, at the request of residents in the subdivision, in 1990 Rhinebeck established a sewer district designated as the Vanderburgh Cove Sewer District # 1, consisting of approximately 27 lots in the Town of Rhinebeck and more particularly described at Exhibit A attached hereto and incorporated herein by reference ("District #1 "); and

WHEREAS, at the request of residents of the subdivision, on June 6, 1990, Hyde Park established a sewer district designated as the Vanderburgh Cove Sewer District #2, consisting of approximately 13 lots in the Town of Hyde Park and more particularly described at Exhibit B attached hereto and incorporated herein by reference ("District #2"),

WHEREAS, Rhinebeck acquired the assets of the former Fisherman's Road, Inc., which consisted of a central treatment plant located at Cove Road (the "Existing Treatment Facility"), which served residents of the Vanderburgh Cove Subdivision; and a collection system within the area of District 1 (the "District 1 Collection System") and,

WHEREAS, Hyde Park acquired from Fisherman's Road, Inc. the collection system within the area of District 2 (the "District 2 Collection System"); and

WHEREAS, Rhinebeck engaged a private contract operator which continued to operate the Existing Treatment Facility and maintain the District 1 Collection System and the District 2 Collection System serving District 1 and District 2, with costs billed to the properties in District 1 and District 2 on the basis of the Assessment Methodology described herein; and

WHEREAS, pursuant to its Order for increase and improvement dated May 9, 2005, Rhinebeck has determined that it is necessary to construct certain improvements to the Existing Treatment Facility as further described herein; and

WHEREAS, Rhinebeck has engaged Morris Associates, Engineering Consultants PLLC, to prepare a map, plan and report with respect to the proposed improvements designed to bring the Existing Treatment Facility into compliance with applicable laws, rules and regulations; and

WHEREAS, Rhinebeck and Hyde Park have each determined that it is in their best interests and the best interest of the residents of District 1 and District 2 to enter into this agreement to memorialize the relative responsibilities of the parties for the operation and management of the facilities of District 1 and District 2 (collectively, the "Vanderburgh Cove Sewer Districts"); and

WHEREAS, the obligations of Rhinebeck set forth herein are on behalf of and for the benefit of District 1 pursuant to Article 12-A of the Town Law; and the obligations of Hyde Park set forth herein are on behalf of and for the benefit of District 2 pursuant to Article 12-A of the Town Law; and

WHEREAS, Hyde Park has determined that the most cost effective way to maintain and improve the collection system within District 2 and to provide sewer service to District 2 is to enter into this Agreement; and

WHEREAS, all things necessary to constitute this Agreement a valid and binding agreement by and between the parties in accordance with the terms hereof have been duly performed, and the execution and delivery of this Agreement have in all respects been duly authorized by the respective parties;

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree to as follows:

1. Definitions. For the purposes of this agreement the following terms shall have the following respective meanings:

"Assessment Methodology" means the benefit assessment methodology for the allocation of operating costs and Capital Costs, which shall be one benefit unit per lot unless otherwise approved by the boards of the respective parties. District 1 contains 27 lots (67.5% of the lots) and District 2 contains 13 lots (32.5% of the lots). District 2 shall be allocated 32.5% of the assessments, costs, charges and expenses of the Vanderburgh Cove Sewer Districts.

"Capital Costs" means the costs of any increase and improvement with respect to facilities of the Districts, including without limitation the Renovation Costs.

"Operation and Maintenance Costs" means the total actual costs of operation and maintenance properly allocable to the Vanderburgh Cove Sewer Districts.

"Plant Operator" means the licensed operator employed or engaged from time to time by Rhinebeck for the purpose of operating the Treatment Facility.

"Project Engineer" means Morris Associates, Engineering Consultants, PLLC, or any successor licensed engineering company serving as Engineer to the Town of Rhinebeck for purposes of this Agreement.

"Renovation Costs" means the costs of increase and improvement to the Sewer District Facilities as set forth in the Public Interest Order and subsequent plans, prepared or to be prepared, by the Project Engineer (the "Renovation Plan").

"Sewer District Facilities: means, collectively, the Treatment Facility, the District 1 Collection System, the District 2 Collection System, and any other components of the sewage treatment system handling all or a portion of the sewage from District 1 and District 2.

"SPDES Permit" means the SPDES Permit issued by NYSDEC to the Town of Rhinebeck with respect to the Treatment Facility pursuant to Title 8 of the Environmental Conservation Law and applicable regulations, as such permit may be amended or substituted from time to time.

"Treatment Facility" means the Existing Treatment Facility and any replacement sewage treatment facility serving the Vanderburgh Cove Sewer Districts.

"Vanderburgh Cove Sewer Districts" means, collectively, District 1 and District 2 comprising 40 total lots.

2. Obligation to Accept Sewage Flow. On behalf of District 1, Rhinebeck shall accept sewage flow from District 2 in accordance with this Agreement, and shall treat and dispose of sewage from District 2 in accordance with applicable laws and regulations and the provisions of the SPDES Permit. Rhinebeck agrees to maintain in effect during the term of this Agreement the SPDES Permit and to operate the Sewer District Facilities in accordance with said SPDES permit.

3. Operation and Maintenance. Rhinebeck shall be responsible for operation and maintenance of the Treatment Facility and the collection system of the Vanderburgh Cove Sewer District whether owned by Rhinebeck or Hyde Park in accordance with the SPDES Permit and all applicable regulatory requirements. Rhinebeck shall engage a Plant Operator in accordance with its own procurement guidelines. Rhinebeck shall provide Hyde Park with a copy of any contract for operation and maintenance services. All costs of operation and maintenance shall be borne by the Districts on the basis of the Assessment Methodology. The Town of Hyde Park acknowledges the Town of Rhinebeck's rights and obligations under this Agreement, as to the collection system and easements in the Town of Hyde Park whether in the name of the Town of Hyde Park or the District and shall not interfere with the same.

4. Capital Improvements. (A) Rhinebeck shall be responsible for planning, design, financing and construction of all capital improvements to the Treatment Facility and collection system of the Vander burgh Cove Sewer District. Rhinebeck shall notify Hyde Park in advance of any decision to undertake any future capital improvement beyond that contemplated by the May 9, 2005 Public Interest Order and the Renovation Plan. Prior to undertaking any increase and improvement with respect to the District 2 Collection System other than as contemplated by the Renovation Plan, Rhinebeck shall notify Hyde Park of the proposed improvements and such improvements shall be subject to approval by Hyde Park of a resolution authorizing such increase and improvement after public hearing, which authorization will not be unreasonably withheld.

(B) Rhinebeck agrees to design and construct the Renovation Improvements in accordance with the scope and project budget described in the Renovation Plans. The Renovation Improvements shall be constructed in accordance with all applicable regulatory requirements as determined by the Project Engineer, in consultation with applicable regulatory authorities.

(C) The budget for the Renovation Improvements may be amended from time to time by Rhinebeck in order to facilitate the timely and cost effective completion of the Renovation Improvements. The overall project budget shall not exceed the total set forth in the Renovation Plan unless an increase is approved by both Rhinebeck and Hyde Park pursuant to Article 12A of the Town Law as applicable to the District 1 and District 2, respectively, which approval shall not be unreasonably withheld.

(D) The budget for the Renovation Improvements or any other capital project shall include all fees and expenses properly allocable to such project, including engineering, financing, and legal fees and expenses. Such budget may include force account work to the extent such amount is properly allocable to capital project costs, represents a reasonable allocation of costs, and can reasonable be expected to result in an overall savings over third party contracting of such costs.

(E) Rhinebeck expects to finance all of the Capital Costs of the Renovation Improvements through the issuance of obligations under the local finance law. Capital Costs shall be allocated in accordance with the Assessment Methodology. Debt service costs, costs of issuance and reasonable administrative costs properly allocable to the Districts shall be an expense of the Districts and shall be allocated in accordance with Allocation Methodology, and shall be subject to collection as authorized by law.

(F) Rhinebeck is responsible for obtaining all necessary approvals for the Renovation Improvements including but not limited to approvals from NYS Dept. of Environmental Conservation, NYS Department of Health, Dutchess County Department of Health, NYS Comptroller's Office Division of Audit and Control.

5. Local Laws Regulating Sewage System Use; Pretreatment Requirements.

(A) Rhinebeck agrees to maintain in effect and enforce a local law regulating sewage system use in accordance with the requirements of Title 8 of the Environmental Conservation Law and any other applicable laws, regulations and permits.

(B) Hyde Park agrees to maintain in effect a local law, regulating sewage system use in accordance with the requirements of Title 8 of the Environmental Conservation Law and any other applicable laws, regulations and permits, at least as restrictive as the Rhinebeck local law.

(C) Rhinebeck and Hyde Park agree that pretreatment shall be required for any facility which produces effluent requiring pretreatment as provided in Sec. 17-0825 of the Environmental Conservation Law. No such facility shall be allowed to connect to the system unless the pretreatment facility has received all applicable permits and has been approved for compliance with this agreement by engineers and/or consultants and/or Plant Operator employed or directed by Rhinebeck.

6. Administration and Billing.

(A) General Administration. Rhinebeck shall be responsible for the general administration of the Vanderburgh Cove Sewer Districts. Costs of administration shall include all fees and expenses properly allocable to the Districts, including consulting engineers, financing, and legal fees and expenses of District 1 and District 2.

(B) Assessments. Rhinebeck shall prepare or cause to be prepared an annual operating budget and a schedule of proposed assessments for both District 1 and District 2 on or before September 15 each year. Rhinebeck shall coordinate the holding of required assessment hearings for the Districts in Rhinebeck and Hyde Park and shall be responsible for required mailings of notices to property owners. Rhinebeck shall provide updated assessment information on a timely basis each year but in any event prior to the deadline for submission of the Supervisor's budget in order to allow each jurisdiction to include any allocable assessment or reassessment of costs in their budgets so that they may be levied on the annual property tax bills. Hyde Park shall assess and levy all charges against the real property in District 2. On or before December 15 each year, Rhinebeck shall provide an invoice to Hyde Park for the assessment for District 2 for the upcoming fiscal year. Hyde Park reserves the right to impose additional charges in the District 2 budget for administration costs, contingencies or other necessary expenditures.

(C) Operation & Maintenance Charges. Rhinebeck shall generate billings for any rates and charges imposed for operation and maintenance of the Vanderburgh Cove Sewer Districts, in lieu of or in addition to the assessments pursuant to Article 12 A, or it may delegate that task to the Plant Operator. The billing period for O&M charges shall be on an annual, semi-annual or quarterly basis, at the discretion of Rhinebeck. Rhinebeck shall send the bills to all properties in District 2 and said bills shall direct that payment shall be made payable to the Town of Hyde Park Receiver of Taxes. At the same time, Rhinebeck shall generate a total bill for all the properties in District 2 and direct the same to Hyde Park. Rhinebeck shall provide to Hyde Park a copy of all the bills sent to the properties in District 2.

(D) Payments. Hyde Park shall pay to Rhinebeck the assessment invoice for District 2 from District funds on or before March 30. Hyde Park shall pay to Rhinebeck from District 2 funds the O& M bill for District 2 within 60 days of the receipt thereof.

(E) Credits. All credits for the operation, maintenance and administration of the Vanderburgh Cove Sewer Districts shall be allocated uniformly in accordance with the Assessment Methodology.

(F) Metering. To the extent that meters are installed through an approved capital project or as an operating cost, any such meters shall be read by the Plant Operator not less often than quarterly, and copies of such readings shall be provided to both parties.

7. Records: With respect to construction of any Capital Improvements, Rhinebeck will maintain or cause to be maintained accurate records including all requests for payment, invoices, payments, and receipts. Both parties will maintain accurate records and receipts, showing dates and amounts, and such other records reasonably necessary to determine the total and relative costs of the program. Each party will make such records available to the other party upon request.

8. Ownership of Treatment Facility. Rhinebeck owns the Existing Treatment Facility and will continue to own the Treatment Facility together with any improvements made pursuant to this Agreement. Nothing in this Agreement shall be deemed to make any employees, agents or contractors of Rhinebeck the employees, agents or contractors of Hyde Park and vice versa.

9. Ownership of Collection System: Rhinebeck owns the existing collection system located in the Town of Rhinebeck. Hyde Park owns the existing collection system in the Town of Hyde Park. Hyde Park grants to Rhinebeck whatever easement rights it may have for purposes of accessing the collection system and to perform necessary repairs, renovations and improvements.

10. Mutual Indemnity: Rhinebeck agrees to indemnify and hold harmless Hyde Park and its agents and employees from any cause, claim, action, liability, fine, penalty, or proceeding (including attorneys' fees) arising directly or indirectly out of the negligent acts or omissions of Rhinebeck or its officers, employees, or agents with respect to this Agreement. Hyde Park agrees to indemnify and hold harmless Rhinebeck and its agents and employees from any cause, claim, action, liability, fine, penalty, or proceeding (including attorneys' fees) arising directly or indirectly out of the negligent acts or omissions of Hyde Park or its officers, employees, or agents with respect to this Agreement. This provision as well as the additional provisions of this Agreement is solely for the benefit of the parties and the parties intend no benefits to third persons.

11. Insurance: Each party shall obtain liability insurance in the amount of not less than $2,000,000, and statutory employee and workers' compensation insurance, in each case from a company authorize to issue such policies in the State of New York and rated at least A/X by A.M. Best's Rating Service, or equivalent satisfactory to the other party, and such policy shall name the other as an additional named insured and shall provide for not less than 30 days notice of cancellation to such additional insured. Satisfactory evidence of such policies shall be furnished to by each party to the other prior to commencement of work under this agreement and annually upon request.

12. Term of Agreement: This Agreement shall continue in force for an initial period commencing with the date of formation of the Districts and ending on December 31, 2040. Thereafter, this agreement may be renewed from time to time by mutual agreement of the parties. The indemnity provisions of this Agreement shall survive termination to the extent of any claims arising prior to the date of termination. However, notwithstanding the foregoing, the parties acknowledge that the Town of Rhinebeck is financing the Renovations with financing from the NYS CWSRF. Therefore, this Agreement will remain in effect as long as debt remains outstanding on the project and as long as NYS CWSRF funds are outstanding. The parties acknowledge the requirements of NYS ECL 17-1909(4)(h)(ii).

13. Assignment or Subcontracts. The parties agree that this Agreement is based on municipal services authorized pursuant to General Municipal Law. Neither party shall assign or subcontract its obligations under this agreement without the express written consent of the governing board of the other party.

14. Notice: Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto:

To the Town of Rhinebeck

Supervisor, Town of Rhinebeck

80 East Market Street

Rhinebeck, NY 12572

 

To the Town of Hyde Park:

 

Supervisor, Town of Hyde Park

4383 Albany Post Road

Hyde Park, NY 12538

15. Events of Default; Disputes: Each party acknowledges that in the event of default of the obligations under this agreement, either party may seek specific performance of the obligations of the other party, damages not being an adequate remedy. The parties agree and understand that the Supreme Court, Dutchess County, New York shall have exclusive jurisdiction of any controversy or claim arising out of or relating to this agreement, or the breach thereof.

16. Miscellaneous Provisions:

(a) This agreement constitutes the complete understanding of the parties. No modification of any provisions hereof shall be valid unless in writing and signed by both parties. This agreement may be executed in one or more counterparts, each of which shall be an original for all purposes.

(b) No waiver of any breach of any condition of this agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same.

(c) The Town of Hyde Park has caused this Agreement to be executed by its duly authorized officers by order of the Town Board on behalf of District 2. The Town of Rhinebeck has caused this Agreement to be executed by its duly authorized officers by order of the Town Board on behalf of District 1.

IN WITNESS WHEREOF, the Town of Rhinebeck and the Town of Hyde Park have caused this Intermunicipal Service Agreement Regarding Vanderburgh Cove Sewer Districts to be signed by their duly authorized officers as of the day and year first above written.

TOWN OF RHINEBECK

By:__________________________

Supervisor

Attest:

By:____________________

Town Clerk

TOWN OF HYDE PARK

By: ___________________ _

Supervisor

Attest:

________________________

Town Clerk

 

6. Retirement Program Resolution - Pam Richardson reported that she has been working with Shelly on this resolution and it should be ready for the next meeting. She stated that all elected and appointed officials who are in the NYS Retirement System need to keep daily logs as to their time worked. Kathy Kinsella asked about the early incentive retirement program and Pam wasn't aware of this program. Kathy asked all Board members to read the current Town Topics. There may be employees who are eligible for this incentive and there is a deadline for application.

 

ACTION ITEMS

 

1. Sampling and testing for one outfall at Vanderburgh Cove Sewer District as part of NYS DEC SPDEC permit renewal process (held over from 7/12 mtg). Tom reported that he spoke with Cheryl Weber at DEC and this testing is required on the old system. Ron Evangelista pointed out that the SPEDES permit is due in Albany on August 1st. He has also followed up with the DEC and they want the additional testing but the permit is due August 1st. Bruce says let them fine us. What is the point of doing testing now? He is concerned about doing it now and then again on the new system. Ron asked the DEC is the testing could be postponed to the new system and he was told no and gave the Town one month (8/!) to complete this required testing. Joe agrees that the DEC is not acting wisely but we now have a letter from DEC threatening fines.

 

Gina asked Bob Boyle how the Vanderburgh Cove residents feel about this testing and Bob replied that in lieu of past threats, he personally is not in favor of this testing. Ron reiterated that if the Town does not comply then the DEC will take the necessary actions. He has already asked the DEC to postpone the testing to the new system and they will not allow that. The DEC did not give actual dollar amount in this letter regarding testing. He said Morris & Associates will probably hand delivered the SPEDES permit to the DEC. Joe doesn't feel we should risk the fine. Joe and Gina are in favor of testing and Tom and Bruce oppose testing. This will be discussed at future meeting. On motion from Gina and second from Bruce the Supervisor was unanimously authorized to sign the SPEDES permit.

 

2. Resolution 44 of 2010 Vanderburgh Cove Sewer District Loan of $17,686.10

 

WHEREAS, the Vanderburgh Cove Sewer District is undergoing repairs, and

 

WHEREAS, the repairs to the sewer district 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 $17,686.10 from surplus Town Part Town Funds, and

 

BE IT FURTHER RESOVLED, such temporary advance shall be repaid with interest reasonable estimated to have been earned on the investment of monies in the Part Town Fund has such advance not been made, as soon as monies are available but in any even no later than December 31, 2010,

 

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

 

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

 

Part Town Fund

 

Due from other funds 01 391 $17,686.10

Cash 01 200 $17,686.10

To loan VCSD H 80

 

Capital Project H80 VCSD Repairs & Improvements

 

Cash 96 200 $17,686.10

Due to Part Town Fund 96 630 $17,686.10

 

Estimated Revenue 96 510 +$17,686.10

Proceeds of Serial Bond 96 5710

Appropriations 96 960

Gellert & Klein 96 07 8110 252 + $ 787.50

Morris & Associates 96 07 8110 253 + 3,686.05

Morris & Associates 96 07 8110 254 +13,212.55

 

Offered by Joe Gelb Seconded by Gina Fox

 

Councilperson Fox aye

Councilperson Gelb aye

Councilperson Staley absent

Councilperson Washburn aye

Supervisor Traudt aye

 

Resolution Certified this 26th day of July 2010 by

Barbara Cunningham, Town Clerk

 

3. On motion from Bruce and second by Gina Abstract 7b vouchers 867-932 for $110,956.530 was approved with a vote of 4-0.

 

 

4. Bruce motioned and Joe seconded to approve Cap Project Abstract for $26,144.96

Capital Project 27 Docks

Benson Steel Abs 3 V8 43 06 5720 203 $ 301.25

Fowler & Keith V9 43 06 5720 203 $ 6.80

Stoltz Industries V10 43 06 5720 203 $ 276.60

Thomas Mannix PE/LS V11 43 06 5720 253 $ 200.00

 

Total $ 784.65

 

Capital Project 38 Parks/Rec/Pools

deVries, Henry Abs 2 V2 54 06 7310 201 $ 578.89

Orange County Mason V3 54 06 7180 215 $ 1,155.00

Total $ 1,733.89

Capital Project 79 Hog's Bridge

General Fund Abs 9 V31 95 10 9795 700 $ 70.72

Morris Associates V32 95 04 5120 253 $ 5,633.20

Part-Town fund V33 95 10 9795 700 $ 69.90

 

Total $ 5,773.82

 

Capital Project 80 VCSD

Gellert & Klein Abs 9 V28 96 07 8110 252 $ 455.00

Gellert & Klein V29 96 07 8110 252 $ 332.50

Morris Associates V30 96 07 8110 202 $ 138.75

Morris Associates V31 96 07 8110 253 $ 2,491.05

Morris Associates V32 96 07 8110 254 $ 6,781.00

Morris Associates V33 96 07 8110 202 $ 27.75

Morris Associates V34 96 07 8110 253 $ 1,195.00

Morris Associates V35 96 07 8110 254 $ 6,431.55

Total $17,852.60

 

Total of all Capital Projects $26,144.96

Motion carried 4-0.

 

5. Winter Farmers Market at Town Hall

Joe has some concerns: space, extra traffic in Town Hall, garbage disposal, security issue, heating costs and how this would work in the room. Gina is in favor of holding here and if it becomes too large maybe it could move to the fairgrounds.

Ray Torsey, Farmer's Market manager, said they are asking for no heat. The floor plan can be provided, we will clean up and the furniture would be replaced in same configuration that we find it. There are no burners or heating elements allowed. It will all be contained, wrapped food.

Pam Richardson feels there are still some hurdles to overcome. Joe asked if the Market was willing to pay for a contract written by our Town attorney and Ray stated they would cover our expenses. Present us with an agreement and then we can move forward.

 

Joann Gelb feels there are so many benefits to the community with this market. Town Hall is a great location with easy access and ample parking. The specifics can be worked out. Keith Greeny is against this proposal. The Market is so overpriced. Town Hall is a public place and shouldn't be used in this capacity.

 

Linda Stanley feels that Town Hall is part of the business community and the Market brings people into the Village. This is a natural extension and we have a good 15 year track record.

 

 

6. On motioned Bruce and second from Gina NEOPOST postage meter rental for $378.00 for 7/1/10-6/30/11 was unanimously approved.

 

7. Bruce motioned and Gina seconded to hire Robbie Fitzpatrick as CPO and Ryan Dowden for mowing at $11.00 per hour. Motion carried 4-0.

 

8. Bruce motioned and Joe seconded to accept Bottini bid of $5,500 to furnish and install 2 (1,000 gal) above ground L P gas tanks with 1st stage regulators and 2 2nd stage regulators. Ron submitted 3 bids and this is the lowest. All were in favor. Ron will notify Bottini of the award.

 

 

Gina has been asked by the CAC to have the water tested at the Neighbors Gun Club for lead. She will talk to Jack Maasz.

 

EXECUTIVE SESSION

 

At 9:10 on motion from Bruce and second from Gina the Board went into Executive Session pursuant to public offices law section 105 (1)(f) to discuss a personnel matter pertaining to a particular person. All were in favor.

 

ADJOURNMENT

 

At 10:00 the Board came out of Executive Session and unanimously adjourned on motion from Bruce and second Joe.

 

Respectfully submitted,

 

 

Barbara Cunningham

Town Clerk