Town Board Meeting Minutes 01-25-10
Posted on: 2/11/2010
Date of Minutes:
01/25/2010
JANUARY 25, 2010 TOWN OF RHINEBECK TOWN BOARD MEETING MINUTES
CALL TO ORDER
Supervisor Traudt opened the meeting at 7:00 and introduced Emily Erlanger to lead us in the pledge of allegiance.
In attendance were Councilmember's Gina Fox, Joe Gelb, Dan Staley, Bruce Washburn, Counsel Pam Richardson and Supervisor Tom Traudt along with 18 residents
ANNOUNCEMENTS
Recreation, Rhinecliff Advisory, and Community Center Visioning Center Committees all looking for new members.
BUSINESS
1. Bruce motioned with Dan seconding to authorize Counsel Pam Richardson to draft commercial docking policy for waterfront based upon Herman Tietjen's outline. Bruce explained that different cruise lines have asked for permission to dock in Rhinecliff. The Waterfront Committee wants the town attorney to draft a policy from Herman Tietjen's outline. Tonight I am asking the Board to okay the expense. Gina asked if the Town can charge for dockage in Rhinecliff. Ms. Richardson feels for commercial and charter boats it would be appropriate to charge a fee. The Supervisor suggested a ramp fee. Joe Gelb would like to see Herman's outline and get an estimate from Pam's office before committing to the expense. Bruce will email the Board and Counsel a copy of Herman's draft. No vote taken.
2. Appoint Richard R. Cain, Inc contract as operator at Vanderburgh Cove Sewer from 2/1/2010-12/31/2010.
WHEREAS, on December 18, 2009, the Town of Rhinebeck on behalf of the Vanderburgh Cove Sewer District advertised for bids for Sewer Plant Operator, and
WHEREAS, two (2) bids were received in response to Notice of Bidders, and
WHEREAS, sealed bids for the Vanderburgh Cove Sewer District Operator were publicly opened and read aloud pursuant to General Municipal Law Section 103, and
WHEREAS, the Town Engineer, Morris Associates, P.S., L.L.C., has recommended that Richard R. Cain, Inc., located at 50 Scenic Drive, Hyde Park, New York 12538, is the lowest responsible bidder, now, therefore, be it
RESOLVED, that the Town Board of the Town of Rhinebeck does hereby award the Vanderburgh Cove Sewer District Operator bid to Richard R. Cain, Inc., for a cost not to exceed $10,725.00 ($975 per month) plus $80.00 per hour for other agreed upon services, be it, further
RESOLVED, that the Supervisor of the Town of Rhinebeck and he hereby is authorized to have the power to execute an agreement for the Vanderburgh Cove Sewer District Operator in substantially the same form as annexed hereto beginning on February 1, 2010 to December 31, 2010.
MOTION BY Dan Staley SECONDED BY Bruce Washburn
Dan pointed out that the Vanderburgh Cove homeowners feel they have no control over expenses. The point of contact should be Dan or Bruce and the operator and not Morris & Associates. Ms. Richardson feels the engineer needs to be in the loop for DEC purposes.
Councilman Joseph Gelb aye
Councilwoman Gina Fox aye
Councilman Dan Staley aye
Councilman Bruce Washburn aye
Supervisor Thomas Traudt aye
Motion carried 5-0.
Discussion of proposed local law regarding indemnity was tabled until February business meeting. Pam Richardson explains that Councilman Gelb had raised this issue and the Town Board asked her to draft a new indemnification policy for the Board to consider. She needs to know the extent of coverage, who will be covered - both employees and committee members? She will have an introductory resolution for adoption next month. This has not been done since 1987 and needs to be more comprehensive.
Stop & Shop and TLC tax certiorari settlements also tabled until February business meeting. Ms. Richardson explained if there are specific questions we should go into Executive Session
Art Display policy
WHEREAS, in accordance with the Town of Rhinebeck Town Hall Use Policy adopted by resolution on February 11, 2008, the Town Board of the Town of Rhinebeck recognizes that the Town Hall is a community asset which should be available for various community activities and to benefit the quality of life in Rhinebeck; and
WHEREAS, art is deemed to confer a public benefit; and
WHEREAS, recognizing the value that artwork generally and local artists in particular bring to the community, the Town Board desires to permit local artists to showcase their work in the Town Hall; and
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Rhinebeck hereby adopts the "Town of Rhinebeck Town Hall Art Display Policy" a copy of which is attached hereto; and be it further
RESOLVED, that the Town Board hereby authorizes local artists to display their artwork in accordance with the Town of Rhinebeck
Motion by Joe Gelb Seconded by Gina Fox
Joe is concerned if the artist's collection is being covered by the Town insurance policy for damages. If so, the Town expenses will go up. Should we limit the value to $250? What happens if the artwork is stolen? There is no security in the building and Joe feels monetary limit would be helpful. Gina asked if the Board can elect not to cover the artwork. Jeff Romano is afraid if there is no coverage that our outreach to artists may be limited. The artists are doing this for community service. We only want to be insured for the replacement materials, not the value of the actual artwork. Jeff suggested a $500 limit for actual replacement cost. Gina asked if the artist could have some literature in Town Hall and Ms. Richardson stated the Town cannot promote a private resource. The Supervisor asked if the Town should get a waiver from each artist.
Town Justice William Sanchez submitted a letter stating the David Borenstein artwork on display now actually has metal chains, shredded tires and an 11.5 inch drill bit in it which could be used as weapons. This concerns the Court and they request it be removed from the Court Room.
Each and every artist ("Artist") wishing to display their work in Town Hall must first sign below agreeing to the terms of this Art Display Policy.
Local and community artists may exhibit their work along designated areas of the Town Hall subject to the following terms and conditions:
(1) No lewd, lascivious or obscene materials may be displayed.
(2) No sales shall be permitted from or on Town premises.
(3) The Artist may display his/her contact information together with his/her work, on no larger than a 3x5 index card. No pricing information shall be displayed.
(4) No advertising or promotional materials referencing the Town Hall may be prepared or distributed.
(5) The Town of Rhinebeck reserves the right to request the Artist to remove his or her work at any time. Failure by the Artist to so remove his or her work within 24 hours of such request may result in removal by the Town. In such event, the Town shall bear no liability for damage to the work.
(6) All artwork shall be displayed at the artist's sole risk. The Town shall not be liable for damage, theft or other peril to the artwork. The Artist is advised to obtain independent insurance coverage for all work displayed at the Town Hall.
(7) The Town may, but shall not be obligated to, extend insurance coverage for the artwork displayed under its general insurance policy. In the event the Town so elects to extend coverage, any Town liability shall be limited to no more than $500 dollars for each piece of artwork, which shall cover only the actual cost of the materials used to create such artwork, and shall not include reimbursement of the artist's time. If the Town elects to extend insurance coverage for displayed artwork, such coverage shall only be available if the Artist, within 10 days' prior to hanging his or her work, provides the Town with a detailed list of all pieces in the show and the approximate value of each such piece.
(8) The Artist shall personally hang and remove, or arrange for hanging and removal of, his or her artwork. The Town shall have no obligation to hang or remove artwork or provide tools to accomplish same. Nothing in this paragraph 7 shall be deemed to limit the provisions of paragraph 4 hereof.
(9) All artwork shall be hung and removed during normal business hours unless otherwise authorized by the Town Board.
(10) The Artist shall indemnify and hold harmless the Town for any loss, injury or damage to the Town resulting from the Artist's use of the Town Hall.
(11) The artwork may be viewed during normal business hours unless otherwise authorized by the Town Board. If additional times are requested by the Artist, the Town Board hereby reserves the right to charge a fee pursuant to the Town of Rhinebeck fee schedule to use the Town's facilities.
(12) Unless otherwise authorized by the Town Board, all artwork shall be displayed upon the display boards in the Town Hall courtroom.
I have read, understand and hereby agree to the terms and provisions of the Town of Rhinebeck Town Hall Art Display Policy.
__________________________
Name:
Sworn to before me
This ___ day of __________, 20__
Councilman Gelb aye
Councilwoman Fox aye
Councilman Staley aye
Councilman Washburn aye
Supervisor Traudt aye
Motion carried unanimously.
Bruce motioned and Dan seconded to approve January 11, 2010 minutes. All were in favor.
a. On motion from Dan and second from Bruce the following Budget Transfers were approved unanimously.
Authorize the bookkeeper to make the following budget transfers, amendments, and any necessary bookkeeping entries for 2009.
GENERAL FUND
EMPLOYEE BENEFITS
Disability 00 08 9055 800 - $ 127.47
Unemployment Insurance 00 08 9050 800 + $ 127.47
To cover unemployment bill for 4th qtr 2009
PART-TOWN FUND
PLANNING
Comp Plan
Comp Plan 01 07 8020 490 - $20,000.00
Attorney to Review Comp Plan 01 07 8020 495 + $20,000.00
Refuse & Garbage - Garbage Bags01 07 8160 441 - $6,410.41
Attorney to Review Comp Plan 01 07 8020 495 + $6,410.41
Supervisor requested to cover additional expenses.
b. Bruce motioned with Dan seconded to authorize the bookkeeper to make the following budget transfers, amendments, and any necessary bookkeeping entries for 2010 amending the Hogg's Bridge $94,158.03 to be paid out of Part Town and not General Fund.
GENERAL FUND
Authorize the bookkeeper to loan Capital Project H79 Hogg's Bridge $94,158.03 approved bills as well as to cover payment #2 from Arch Bridge. Bruce wants this taken out of the Part Town Fund and not General Fund. Why should someone in the Village be paying for Town expenses.
PART-TOWN FUND
PLANNING
Comp Plan
Zoning Printing 01 07 8010 402 - $ 750.00
Contingency 01 01 1990 400 - $ 1,657.25
Comp Plan 01 07 8020 490 - $ 2,407.25
To cover expense of printing new comp plan books.
HIGHWAY PART-TOWN FUND
Employee Coats & Pants 03 08 9089 803 - $1,800.00
Snow P.S. Winter Clothing Allowance 03 04 5142 100 + $1,800.00
Above requested by Highway Superintendent to cover expense of winter clothing allowance thru payroll instead of voucher. Shelly Day explained this is being taken from a voucher payment to a payroll payment because uniforms are taxable income to employees.
All were in favor with modification to Hogg's Bridge expenses of $94,158.03 being taken out of Part Town fund.
c. Dan motioned and Bruce seconded to approve following
Capital Project 79 Hogg's Bridge
Arch Bridge Contracting ABS 1B v 10 95-04-5120-256 $70,062.50
Volvo Rents ABS 1B v 11 95-04-5120-257 $3,047.50
TOTAL $73,110.00
All were in favor.
Approval of Chamber of Commerce AP 63 for $3,000 for Christmas lights
was again tabled. Gina stated the CAC suggested that this is actually a Village expense. Bruce requested a promotion fund be set up for this type of expense. Pam's understanding is that this was for cultural events. Joe feels if the Town committed to this we should pay for it; he doesn't like to see us setting up promotion accounts. He suggested that maybe the merchants should pay more. Bruce feels it is not a celebration expense since it would have been done even if Sinterklaas didn't happen. Michelle Donner feels these lights have nothing to do with the Sinterklaas; they are for the enjoyment of our residents. Jeff Romano asked what percentage of the lighting does this cover and Bruce thinks about $10,000 was spent. Bruce thinks it is really economic development. Pam will research some more since there seems to be questions that need to resolved.
Dan motioned and Bruce seconded to approve Abstract 1C Vouchers 138-180 for $144,256.44 and ABS 1B, AP 102-137 for $62,311.11. Motion carried 5-0.
Update on NYSERDA Grant: Joe explained that Bob Fox has volunteered to work with the Town Board and help us write a NYSERDA grant up to $500,000 which is available for small municipalities. Hudson Valley Clean Energy will also help us. They are recommending 8 grant applications; 4 renewable energy applications which Hudson Valley Clean Energy will draft and 4 energy efficient applications which Bob Fox will draft. Town Hall, the Transfer Station and Highway Garage will be the areas of concentration. The final application is due February 17th. The Town's chances for grant acceptance improve if it is willing to contribute some money. There is an equation and the Town's contribution adds point to that equation. Bob Fox and Hudson Valley Energy would like to meet with the Town Board on Saturday, February 6th. If a meeting is not possible maybe 2 board members can meet with them. Bob is not available during the week. All Board members are available at 9:00 so the Town Clerk will notice this as a Special Meeting. Joe will get the information to Pam so she can prepare a resolution for this meeting.
Dan motioned and Bruce seconded to appoint Richard Kopyscianski, term to expire 7/31/2011 and Andy Sheppard, term to expire 7/31/2010 to Rhinecliff Advisory Committee.
12. On motion from Dan and second from Joe new monetary fees were set in the Town's fee schedule chart for pre-application meeting for Planning Board applicants and planning consultant for multi-family, commercial developments greater than 2,500 square feet; mining or subdivision of more than 4 lots at $200.00. Other Planning Board and Zoning Board applicants will be $100.00 and another new fee of $35 for Zoning and Comp Plan books. Motion carried unanimously.
Dan motioned and Tom seconded to approve 2009 fiscal oversight audit by Sedore, not to exceed $20,000. Tom reported that he has spoken with State Comptroller's Office and the Town might request an audit from the state. Joe said the last state audit was 1995. All were in favor.
Kingston/Rhinecliff Ferry update and re-bidding of ramp. The Supervisor explained that the Town has entered into a Municipal Agreement with the City of Kingston and in December Rhinebeck approved their side of the agreement. Ms. Richardson stated in December the Supervisor was authorized to sign the agreement with Kingston for the installation of a new ferry dock. Kingston will construct, install and remove the dock. Joe Gelb asked if Kingston has signed off on the agreement and Pam replied yes. She also told the Board that Rhinebeck will pay for the material to build the actual dock; Bruce feels it will be approximately $3,000. We need to purchase a ramp which the Town will own when the dock is complete.
Cynthia Philip is worried about parking in the hamlet of Rhinecliff. Joe feels we need to see how many cars will affect this proposal but that we should move forward. Tom explained that the original concept was to shuttle passengers from the hamlet up to the Village of Rhinebeck. Bruce remembers when this was originally discussed that Kingston offered this shuttle service. Melissa Cohen wants to know if this is going through the Rhinecliff Waterfront Committee and Tom replied that Tony Todisco, chair of that committee, is one of the driving forces behind this proposal. Tom would like to see the Town purchase the ramps by March. There is some funding from the $3,000 Saland grant for this project according to Tom. He would like to see everything in place when the boating season starts this spring.
Motion by Board Member Dan Staley
WHEREAS, the Town Board of the Town of Rhinebeck desires to solicit written proposals for the manufacture, purchase and initial installation of a removable, aluminum ramp, twenty feet (20') by four feet (4') pursuant to the attached request for proposals prepared by Gellert & Klein, P.C.; and
WHEREAS, The Town Board does hereby authorize the Town Clerk to advertise for proposals; and
WHEREAS, such proposals shall be in accordance with the specifications prepared by Gellert & Klein, P.C. , dated January 25, 2010; and
WHEREAS, said specifications shall be available upon request from the Town Clerk; and
NOW THEREFORE BE IT RESOLVED THAT, the Town Board of the Town of Rhinebeck does hereby request written proposals for the manufacture, purchase and initial installation of a removable, aluminum ramp, twenty feet (20') by four feet (4') which proposals shall be delivered to the Town Clerk not later than 12:00 Noon on Wednesday, February 17, 2010.
Seconded by Board Member Bruce Washburn
Councilman Gelb aye
Councilwoman Fox aye
Councilman Staley aye
Councilman Washburn aye
Supervisor Traudt aye
Motion carried unanimously
The Town Clerk will notice the paper for the following Request for Proposals:
The Town of Rhinebeck is currently negotiating agreements for provision of a ferry service between the Rhinecliff boat launch and the City of Kingston. A new ferry dock is intended to be constructed and installed along the Rhinecliff boat launch. Access to the dock will be via ramp.
The Town of Rhinebeck is seeking proposals for the manufacture, purchase and initial installation of a removable, aluminum ramp, twenty feet (20') by four feet (4') to be seasonally attached to the new dock, which dock will be constructed as shown on a plan prepared by the City of Kingston entitled "Rhinecliff Water Taxi Docks". Copies of the plan are available from the Town Clerk. The ramp must be capable of being securely attached to both the new dock and the existing bulkhead at the Rhinecliff Waterfront.
Any manufacturer or supplier desiring to be considered for the ramp is invited to obtain a copy of the dock plan, view the existing bulkhead, and submit a sealed proposal together with material and dimensional specifications, for manufacture and delivery of the ramp in a sealed envelope to Barbara Cunningham, Town Clerk, of the Town of Rhinebeck at Town Hall 80 East Market Street, Rhinebeck, New York 12572, no later than Wednesday, February 17, 2010 by 12:00 p.m. It is expected that award of the contract will be made Monday, February 22, 2010 at 6:45 or thereafter.
At least three client references shall be provided based upon contracts in the past three years.
This request for proposals does not, in any way, commit the Town of Rhinebeck to reimburse the recipients of the request for any cost, involvement, preparation or submission of this proposal, nor does it constitute a commitment to accept any proposal submitted hereunder.
All were in favor.
Dan motioned and Gina seconded to approve following service contracts:
RDA Systems 2/20/10-1/2011 (bkkp) $6,913.43
St. Francis Workplace 1/1/10-12/31/10 (drivers) 750.00
Bell Copiers 12/15/09-12/14/10 Assessor's office) 875.00
Business Automation Services 3/1/10-2/28/11 (TC) 980.00
All were in favor.
Dan motioned and Bruce seconded to appoint Sally Mazzarella, Chris Lipscomb, Charlie Wiles, Ed Tobin and Pat McLaughlin to Open Space/Affordable Housing Committee, terms to expire 12/31/11. Joe then motioned with Gina seconding to go into Executive Session to discuss these appointments before proceeding. Bruce, Dan and Tom voted against Joe's motion so that motion was defeated 2-3. Dan, Tom and Bruce then voted in favor of original motion from Dan with Gina and Joe voting nay. Motion carried 3-2. The Town Clerk will notify the individuals of their appointments.
Bruce motioned and Dan seconded to set date for continuation of annual accounting meeting for March 8th. Sedore will report on the 2008 audit. All were in favor.
Dan motioned and Gina seconded to appoint John Lavin, Elizabeth Spinzia and David Miller to Community Center Visioning Committee, term to end 12/31/11. All were in favor.
Bruce motioned and Dan seconded to hire Amy Mandigo and Jessica Merryweather as assistants to Lara Ganz for Dance Movement classes at $7.75 per hour. All were in favor.
Dan moved and Bruce seconded to accept Mario Sausto's resignation from the Vanderburgh Cover Sewer District Committee. Dan stated that the homeowners association has asked Ellen Baker to replace Mario but he is more comfortable with a public announcement first to all residents in the Cove. Motion carried unanimously.
DISCUSSION
Town Board agenda items submitted to Town Clerk and/or Supervisor with a deadline of Thursday at 3 pm prior to each regularly scheduled meeting. The Town Clerk explained the published agenda on the Web is seldom correct due to so many last minute modifications and the public has expressed some concerns. Dan and Bruce do not like this suggestion so the idea was dropped.
Gina stated the Web Committee is anxious for the Ziv Tech contract approval. Ms. Richardson pointed out that in the procurement policy there is a provision where we don't have to go out to bid. This could be classified as a specialized service according to Pam. Gina motioned and Dan seconded to deem the Ziv Tech contract is not subject to the Town's procurement policy. All were in favor. Pam will follow up with Gina to get the contract wording corrected and hopefully approved at the February meeting.
Dan reported that the Rhinecliff Advisory Committee is wondering if the April 26th Town Board meeting can be held in Rhinecliff and the Board agreed to hold that meeting in the Rhinecliff Firehouse.
Dan reported that the Engineering Consultant liability insurance policy has been filed in the Town Clerk's Office. There is $5,000 in the budget and Dan would like to purpose a retainer for Mr. Mannix of $5,000. Joe Gelb wants to have an hourly rate with a cap of $5,000. Gina is not comfortable with a retainer; the Board doesn't know how much Mr. Mannix will be needed until we start to use him. Joe would rather have him submit monthly bills. The Supervisor feels this new concept of an engineering consultant is really a cost saver. Dan motioned to award a $5,000 retainer to Thomas Mannix. No second. Joe said at the last Town Board meeting the Engineering Consultant idea was presented at $3,000 in the budget at $100 per hour. Where does the $5,000 figure come from? Gina agrees that Morris & Associates needs their feet held to the fire but that is also the responsibility of the Town Board; she is not in favor of just handing someone $5,000. Bruce feels that the Engineering Consultant is the Board's way to control expenses. The workload varies. Joe thinks to vote now for $5,000 is inappropriate. Ms. Richardson would prefer the Board go into Executive Session if we are talking about specific personalities.
Dan then motioned to give a $1,000 retainer to Mr. Mannix and again there was no second. Motion defeated.
At 9:10 on motion from Dan and second from Gina the meeting went into
Executive Session to discuss personnel issues.
ADJOURNMENT
At 10:25 on motion from Bruce and second from Gina this meeting was unanimously adjourned.
Respectfully submitted
Barbara Cunningham
Town Clerk