Town Board Meeting Minutes 02-22-10

Posted on: 4/13/2010
Date of Minutes: 
02/22/2010

February 22, 2010 Preliminary Agenda

Town of Rhinebeck Town Board Minutes of February 22, 2010

 

At 6:45 Supervisor Traudt called this meeting to order.    Councilmember's Bruce Washburn, Dan Staley, Gina Fox and Joe Gelb were all present along with Town Counsel Pamela Richardson.  47 residents were also in attendance.

 

Brownie's Lily Knapp and Erica Taylor led the audience in the pledge of allegiance.

 

Announcements

 

Board of Assessment Review, Rhinecliff Advisory Committee and Community Center Visioning Committee are seeking new members.

 

February 25th from 1-3 PM Congressman Murphy's staff will be at Town Hall to meet with residents.

 

February 26th - Boy Scout Fish Fry at Episcopal Church from 5-8 pm.

 

March 2nd - SEQRA training session with John Lyons and Art Brod

 

March 20th - Senior Citizen Prom at Rhinebeck High School from 12 noon to 4 pm.  For reservations call 871-5500 X 5501

 

March 27th -  10 A.M.  - Spring Egg Hunt at Thompson Mazzarella Park

 

John Conley has announced his March 26, 2010 retirement from Highway Department after 25 years

 

April 24th and 25th Hudson Valley 40th Anniversary Earth Day at Dutchess County Fairgrounds. For more information contact Lrich@frontiernet.net

 

Ann Mc Grath from Community Coalition for Rhinebeck Youth spoke and this new program being instituted for our school age children.  Dialogue is needed between the parents and students, so we are trying to hold forums for open discussions.  Last Saturday a Community Leadership event was held with 35 attendees.  The Steering Committee has been meeting for a year now.  We are trying to garner support from the community - County Sheriff's, Rhinebeck Village police, government officials, Rotary Club, Chamber of Commerce, local political parties, the fairgrounds.  There is serious interest within our community.  

 

Elissa Cascio outlined why the Community Coalition for Rhinebeck youth was formed.  We want to stimulate inclusive collaborative action to promote the health and safety of our youth.    We are engaging the community in promotion healthy choices and risk avoidance among youth through community awareness, education, support services and safe recreational options.  For additional information you can contact Ann at annemcgrath@frontiernet.net. 

 

Public Hearing

 

At 7:40 Supervisor Traudt opened the public hearing for Local 1 of 2010 - Defense and Indemnification of Officers and Employees.

 

 Mr. Gelb explained the purpose of this law is to make the existing law more robust.  The original law is very short and ambiguous needs more specifics.  The feeling is that anyone who donates their time should be held harmless to lawsuits.  The law needs to be broader.  Bruce asked about how community volunteers, e.g. pool house painters, would be handled and Joe feels they would also be covered.  Tom Traudt is concerned about the criminal coverage,  Dod Crane asked about coverage for volunteers acting with "expressed approval" - does that mean procedural policy is needed for coverage for volunteers acting for Town.  He feels maybe "implied approval" would be better wording.  Joe thinks we can ponder over this separately.  Tom would still like to see more definition on this issue.  Joe feels this is standard language and we need to pass this proposed law.  Nothing is going to be 100%.  This was the language from the state statute and the sample Association of Towns provided Mr. Gelb. 

 

Gina is content with this law, Joe has done his homework. This law came up because our current law hasn't been looked at since 1987.  We are just trying to provide adequate coverage.  Tom feels there is no end as to who we are covering.  Dan also feels it is too open ended.  Joe stated the State model provides for this coverage for volunteers and other towns provide the same coverage as this law.    

 

Counsel Richardson stated if an individual is driving in regard to their official capacity and something happens there is a hierarchy between individual insurance companies and when the Town's policy kicks in.  If publicly sponsored or Town is giving funds, this provision of the law would kick in. She also feels it is common for municipalities to adopt this type of law.  Tom is still concerned about who is outside the box.  Ms. Richardson explained that civil protection is handled by the Town Attorney and in criminal cases the individual has the right to choose their attorney at prevailing local rates. 

 

Mr. Gelb pointed out that under the current law the employee is only mentioned.  Boards and committees may not be covered.  It is open to dispute the Association of Towns felt our law should be amended.  Gina doesn't see anything stopping the adoption of this proposed law.  Pam pointed out there is no hurry to adopt since there is a current law in place. 

 

At 7:40 on motion from Dan and second from Bruce this hearing was unanimously closed.      

 

Action Items

 

  1. Joe motioned and Gina seconded to adopt Local Law 1 of 2010.  Bruce, Dan and Tom voted nay and Gina and Joe were in favor.  Motion defeated 2-3.  The consensus was to bring this back up for discussion at the March 8th meeting. 
  2. Address Robert Grossman 1/29/10 letter concerning property at 11 Beacham Road.  Mr. Grossman explained he is trying to build a home on Beacham Road and the Board of Health is requiring a curtain drain in front of his septic but he needs a right of way from the Town.  Highway Superintendent Kathy Kinsella feels there will be no impact on the road but we need to make sure the Town is not liable for the upkeep or any damage to this drain. She said this came to her attention when the Board of Health asked Mr. Grossman to obtain an easement.  Several months ago she spoke with Pam Richardson quite extensively.  It is unlikely there will be any impact on the surface; the septic is on his property.  If this is granted she asked that it be stated that the restoration of the road shoulder would be Mr. Grossman's responsibility. 

On motion from Joe and second from Dan, Gellert & Klein is authorized to look into this matter and report back at the March business meeting.  All were in favor. 

 

Pam Richardson stated the issue is that the Town needs to give Mr. Grossman a permanent easement and our office needs permission to work on this.  Mr. Grossman stated the drain will be 6-10 feet below ground with stone and then grass on top.  Pam pointed out an escrow account would need to be set up.   

 

  1. On motion from Dan and second from Bruce Tom Connolly and Gina Fox to were unanimously appointed to the Recreation Committee, term to expire 12/31/2012.

 

  1. Dan motioned with Bruce seconding to appoint Katie Clark to Recreation Committee, term to expire 12/31/10.  All were in favor.

 

  1. Dan motioned and Bruce seconded to approve Town Hall usage by Rhinebeck Dance Studio on May 1st from 12:30-4:30 pm.  All were in favor.

 

  1. Dan motioned and Gina seconded to approve minutes from January 20th, January 25th and February 6th Town Board meetings.  All were in favor.

 

  1. NYSERDA                 RESOLUTION

 

WHEREAS, the New York State Energy Research and Development Authority ("NYSERDA") has made available to the towns of the State of New York like Rhinebeck, the possibility of obtaining grants pursuant to RFP 10 totaling up to $500,000 for energy conservation measures, energy efficiency improvements and renewable energy generation;

 

WHEREAS, the Town of Rhinebeck (the "Town") has authorized the filing of applications for grants totaling up to $500,000 in response to NYSERDA RFP 10;

 

WHEREAS, in a resolution dated February 11, 2010, the Town authorized seeking a NYSERDA grant for replacement windows in the Town Hall Auditorium for approximately $30,000;

 

WHEREAS, the volunteer firm preparing such application for a NYSERDA grant relating to such windows advised that the replacement of windows alone would not achieve the energy efficiency which would likely be necessary to obtain approval of a NYSERDA grant;

 

WHEREAS, such firm recommended inclusion in this window project of an interior storm window to increase energy efficiency, but which would increase the amount in the application of the NYSERDA grant for replacement windows in Town Hall Auditorium from $30,000 to $35,000;

 

WHEREAS, such an increase brings the amount of grants for which the Town has submitted applications to NYSERDA to a total of approximately $480,000;

 

NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Rhinebeck

 

  1. Approves the increase of the amount in the application for a NYSERDA grant relating to replacement windows in the Town Hall Auditorium from $30,000 to $35,000

 

Motioned by Joe Gelb                           Seconded by Gina Fox

 

Mr. Gelb thanked Bob Fox, his associates and Hudson Valley Clean Energy.  The Town owes them all a great deal of gratitude for all their time and efforts

in helping the Town write these grants

 

All were in favor, motion carried 5-0.

 

  1. Award Dock Ramp contract - tabled until March 22nd.  Ms. Richardson will check references and prepare resolution.

 

  1. Shared Service Resolution - The Supervisor explained the Supervisors and Mayors Association would like to apply for a grant and so far 13 out of 19 Boards have passed this resolution.  This will give all the towns and villages in Dutchess County a chance to have active dialogue with each other.  Ms. Richardson was asked to review this document for a vote to be taken at the Special Meeting on March 1st.     

 

  1. Approve Budget Transfers                 

 

Authorize the bookkeeper to make the following budget transfers, amendments, and any necessary bookkeeping entries for 2010.

 

PART-TOWN FUND

Authorize the bookkeeper to loan Capital Project H79 Hogg's Bridge $30,929.21 to cover Jan 2010 Abstract and February 22, 2010 Abstract.  Heldover for March 1st meeting.

 

  1. Abstract 2, vouchers 181-285 for $853221.71 was table for March 1st meeting.

 

  1.  February 22nd Capitol Abstract for $14,443.76 also tabled until March 1st. 

 

  1. Dan motioned and Bruce seconded for authorization to digitize plans for Town Hall and Highway Garage.  Joe estimates the cost to be around $250.  Bruce asked why we can't store in building department or at the highway garage.  The Tech Committee tried to address this issue last year.  Dod Crane feels this is a 2 part question - key government plans should be digitized, these are crucial documents.  The larger question of private records probably needs outsourcing and could be expensive.  SARA grants are available for larger scale projects.  He doesn't think the Board should mix up these two questions.  All were in favor of motion.

 

  1. Dan moved and Bruce seconded to appoint Ellen Baker to Vanderburgh Cove Committee, term to expire 12/31/10.  Carried unanimously.

 

  1. Recommendation for TMP Phase 1 design contract award

TMP Chairman Bob Ellsworth explained the committee received 10 responses, 4 were eliminated at the start.  C.T. Male was high bidder at $605,000 and Weston and Sampson was the lowest at $89,000.  Four applicants were eliminated at the start due to cost and field experience.

 

 Two finalist groups were selected from the remaining 6 applications; LA Group proposed $180,000 and Weston and Sampson purposed $89,900.  Weston & Sampson were chosen for following reasons:  Poughkeepsie office, project manager lives in Clinton, project engineer lives in Red Hook, local Rhinebeck architect will be involved and their cost.  Mr. Gelb feels sometimes there are problems with such a low bid.  Joe pointed out that there is nothing in the proposal about a Rhinebeck architect, are you sure Weston has a local contact and Bob replied they led us to believe this is a quality bid and they will work with Optimus Architect.

 

AWARDING of THOMPSON MAZZARELLA PARK DESIGN CONTRACT

 

Whereas, the Town of Rhinebeck Thompson Mazzarella Park Committee has advertised for design of Phase I;

 

Whereas, 10 responses were received for bid proposal;

 

Whereas, the Thompson Mazzarella Park Committee has thoroughly reviewed and considered all bids;

 

Whereas, it appears that the apparent low bidder is Weston and Sampson;

 

Whereas, the Committee has thoroughly reviewed Weston and Sampson qualifications and has found them to satisfy the criteria;

 

Whereas, the Committee has checked all references and same were positive;

 

Whereas, the Committee is unanimous in its recommendation of awarding the bid to Weston & Sampson;

 

Therefore, be it resolved that the Town of Rhinebeck Town Board hereby award the project design, except the Community Center design, to Weston & Sampson for $89,100;

 

Therefore, be it resolved to authorize expenditure of $89,100 from H62;

 

Therefore, be it resolved to authorize the Supervisor to sign said contract with Weston & Sampson for $89,100.

 

Motion by Dan Staley                                      Seconded by Joe Gelb

 

Councilwoman Gina Fox aye

Councilman Joe Gelb aye

Councilman Dan Staley aye

Councilman Bruce Washburn aye

Supervisor Tom Traudt aye

 

Motion passed 5-0.

 

  1. Gina motioned with Bruce seconding to appoint Elizabeth Spinzia to TMP Committee through 12/31/2010.  All were in favor.

 

  1. Vanderburgh Cove cost control procedures:

Bruce explained that this Board is trying to bring the Vanderburgh Cove Committee into the loop with financial decisions.  We are being sensitive to the 40 homeowners who live in this development.  The Committee is asking to see all proposed expenses before they are approved.  If an emergency arises the licensed operator can handle in conjunction with Dan, Tom and myself.  They would like to see all vouchers before paying.  Joe Gelb asked where the project stands and Bruce replied the easements are not complete.  Ms. Richardson is still waiting for several responses, some letters have had no response.  She was requested to follow up. 

 

Dan feels the Town Board has been mislead by our engineer, we were told the manholes would b completed by now and they are not.  Some of the easements are only temporary with 2 being permanent. 

 

Ray Jurkowski from Morris & Associates explained that the contracts for the treatment system are here tonight for the Supervisor's signature.  This can proceed without the manhole repairs.  Bruce stated the committee has suggested a clerk of the works be hired.  Ray pointed out that usually a clerk of the works is hired for new facilities, not rehabs.  Our office would handle contract information and inspections.  The clerk of the works would oversee us and the contractor and operator.  An engineer is needed to certify the work and construction oversight per a DEC requirement.  Bruce asked if the committee could interview for the clerk of the works position.  Ray reminded the Board that Morris & Associates was previously given permission to provide service.  He said maybe the committee could take on some of the responsibility.  Bruce wants to know who is making decisions to spend money, this Town Board needs to get involved.  Ray said if an issue arises perhaps the liaison could deal with the operator.  It seems that communication is the biggest issue.  He is very willing to meet with the Vanderburgh Cove Committee and then they can give Morris & Associates direction.    He will email the laundry list to Ms. Richardson.   

 

Fred Nagel feels a new RFP is needed for another inspector.  Joe Gelb questioned why bring in a new party to look over the plans when expenses are such an issue.  Ray explained that usually the inspections are done by the design engineer.  This is an existing system and needs to operate during construction.  We have the dialogue with DEC and Board of Health already,   some decisions will have to be made quickly.  In the long run you may be adding money.  Dod Crane suggested the Town Engineer be allowed to oversee this project.  He emphasized that the DEC clock is running, the idea of radically changing orders will cost the resident more by overmanagmenet.  Please be cautious of citizens groups running this project.  Tom Mannix feels it is not normal practice for the engineering firm and inspectors to be from the same firm.  They should stand on their own.  Joe asked if DEC fines come about, are they the homeowners responsible and Bruce answered yes.  Fred Nagel just wants the inspector to not be from Morris & Associates.  The Cove has not been happy with them, they know last June about these easement being necessary, the lawyers have not produced the easements agreement yet.  When will they be completed?

Pam Richardson said her office is still working on the easements.  She needs to know how the Town Board wants to manage this project.  The Board needs to decide if they want to hire a clerk of the works but still allow the engineer to do their job.    Mr. Nagel wants to see the easement situation completed.

 

Rose Ann Boyle thanked both Bruce and Dan and the 3 committee members.  This is a positive step for us to be involved; this is a very important project for us.

Dan said we are working with the committee daily.  Ray welcomes a meeting with the liaisons and committee to help provide guidance.  We will meet with them at no cost to the homeowners. 

 

  1. On motion from Dan and second by Gina Blue Water Pools was unanimously awarded the bid for liquid Chlorine at $3.49 per gallon.

 

  1. Dan moved with Gina seconding to approve Green Fair expenditure of $200 to Dutchess County Fairgrounds Green Fair from CAC Budget line.  All were in favor.

 

  1. Dan motioned and Bruce seconded to authorize Supervisor to sign contract with Arold Construction for Vanderburgh Cove Treatment System replacement project for $811,450.00 pending easement from Reeke.  All were in favor.

 

  1. Dan motioned and Gina seconded to authorize Supervisor to sign contract with J & J Sass Electric for Vanderburgh Cove Sewer District for $89,100.00 pending Reeke easement. Carried unanimously.

 

  1. Climate Smart Community Pledge and Climate Registry. 

 

WHEREAS, the Town of Rhinebeck (the "Town") has taken the New York State Department of Environmental Conservation's Climate Smart Community pledge to "Reduce GHG Emissions and Adapt to a Changing Climate", and has joined The Climate Registry in order to monitor the Town's green house gas ("GHG") emissions;

 

WHEREAS, the Town is desirous of being kept abreast of the condition of the Town with respect to such GHG emissions; and

 

WHEREAS, members of the Town's Conservation Advisory Council have agreed to become involved in establishing a task force to help implementing the 10 steps proposed by the Pledge; now therefore, it be:

 

RESOLVED, that the Town Board:

 

1.                  Will solicit members of the public to join the task force to monitor GHG emissions in the Town of Rhinebeck and to help the Town identify opportunities in regards to GHG emissions reduction and adaptation to a changing climate;

2.                  Will receive periodic reports from such task force with regard to GHG emissions;

3.                  Appoints Raphaël Notin and Suzanne Kelly as members of such task force; and

4.                  Appoints Joseph Gelb as liaison to such task force. 

MOTION BY Joe Gelb                               SECONDED BY Dan Staley 

Town Board Member

AYE

NAY

Tom Traudt

Aye

 

Dan Staley

Aye

 

Bruce Washburn

Aye

 

Joe Gelb

Aye

 

Gina Fox

Aye

 

 

Motion carried 5-0.

 

  1. Dan motioned and Bruce seconded to approve Town Hall generator preventative maintenance agreement for 2010 for $350.00.  Carried 5-0.

 

  1. Authorize Highway Superintendent to advertise for mechanic's position

due to Frank Conley's retirement.  Dan expressed concern about this; he would like to collaborate with the Village of Rhinebeck.  Kathy Kinsella stated the Town has an in house mechanic which saves us money and time.  The Town has enjoyed high value on our equipment when it comes time to sell our inventory because of our in house mechanic.  This position cannot be filled by just anyone; knowledge about re-building engines is important.  The process is time consuming.  Please don't hold up putting out this advertisement.  The Town is bound to an open process, let's start now.  Dan asked how much we outsource and Kathy replied only the big items.  She doesn't feel the hiring of a mechanic should be linked with shared services.  These are two separate issues.  Dod Crane pointed out that the Board knew this resignation was coming back in December, why is this being staled now?  Tom, Gina and Joe want to holdover to March 1st meeting. 

 

  1. Gardens Letter of Credit      Dan Staley motioned Supervisor Traudt seconded

 

            WHEREAS, the Town Board of the Town of Rhinebeck previously accepted a Letter of Credit from Chinatrust Commercial Bank, Irrevocable Standby Letter of Credit No. IDP100033 in the amount of $678,822.49 on behalf of Grand Pacific Finance Corp. to guarantee completion of public improvements for the Gardens at Rhinebeck project as previously approved by the Town and the Town of Rhinebeck Planning Board; and

            WHEREAS, the Letter of Credit was set to expire upon its terms at the close of business on February 12, 2010; and

            WHEREAS, Grand Pacific obtained an amendment to the existing Letter of Credit from Chinatrust Commercial Bank dated February 12, 2010 extending the Letter of Credit for an additional three months until May 12, 2010; and

            WHEREAS, it is in the best interest of the Town at this time to accept the amendment to the Letter of Credit extending its expiration for an additional three months.

            NOW THEREFORE, be it resolved that the Town Board of the Town of Rhinebeck hereby accepts the amendment to the Irrevocable Standby Letter of Credit No. IDP100033 of Chinatrust Commercial Bank to expire on May 12, 2010.

            Reports and Discussions

  1. Joe motioned with Gina seconding to expand the Open Space Affordable Housing Committee (OSAH) membership to 7.  Dan explained that this committee was formed in October 2009 with 6 members.  Gina reported that Ann Saylor at DC Planning says the size of the committee is not as important as having diversity of thoughts.  Dan said Ann recommended to him keeping the committee small.  Joe feels the more views you get the better our community will support the recommendations.  Gina has looked at the applicants and they bring an important range of expertise.  My thought is to expand the breadth of knowledge.  Dan replied we have a large landowner, teacher, architect and contractor on the committee now; it seems like a pretty diverse group as it stands now.  All were in favor of expanding to 7 members.
  2. Update on Rhinecliff Hotel Maintenance Agreement:  Ms. Richardson stated there are still questions about where the improvements are located.  It might be advisable to reduce bond amount but the Town should not refund the whole amount.  Bruce questioned why we are at $50,000 when there are only 5 manholes?  Pam pointed out there is more than just manholes.  Ray Jurkowski said he would bring this agreement back to Ron for his view of the breakdown for the bond amount.  Kathy Kinsella pointed out that in time the catch basins and or manholes may fail.

 

  1. Update on Gardens development from Dan Staley.  He reported that on October 23, 2009 and again on December 23, 2009 there was suppose to be a closing.  Tomorrow is the deadline for another possible closing.  There are 2 new prospective buyers.  Tom stated that he and Dan are meeting with the homeowners association next month. 

 

  1. Joe Gelb updated the Town Board on the Planning Board referral to Town Attorney for interpretation on variance granted to John Imperato.  The Planning Board and Zoning Board of Appeals Chairmen will be meeting Mr. Brod.  

 

  1.  Rhinecliff drainage issue will be discussed at March 22nd meeting.

 

  1.  Tom appointed Joe Gelb as liaison to Building Department.

 

  1. Bruce explained that the Hudson Valley Municipal Purchasing Group is comprised of 40 municipalities that do their procurement through this.  It seems like a clear way to do bids and he is asking permission for the Finance Committee to look at this.

 

  1. Bruce feels that the new procurement policy has never been well embraced by our staff.  Half of the abstracts don't comply with our procurement policy; the policy seems to be too onerous for our staff.  We need to re-balance positions in Town Hall to handle bids, quotes, etc which would clean up the process.  Tom asked for this discussion to be held over to the March 8th meeting.  Bruce will bring some ideas to that meeting.    

 

  1. Zivtech web contract implementation - Pam reported she is still negotiating this contract.  Gina said the web committee is anxious for this contract to be approved so they can move forward.  This has been going on several months now.  It needs to be resolved.

 

 

  1. Councilman Staley announced his web page has been updated with his    

           monthly reports

 

  1. Bruce wants to see the financial report distributed sooner than the Saturday prior to meeting dates. He also doesn't feel the supervisor's report links correctly to other reports.  Bruce motioned and Gina seconded to have financial reports available 5 days prior to business meetings.  All were in favor.

 

At 11:30, Dan motioned with Bruce seconding going into executive session pursuant to Public Officers Law Section 105(1) (f) to discuss Teamsters Labor Contract with the Highway and Maintenance departments for 2010-2012.

 

Adjournment

 

At 12 midnight on motion from Dan and second from Gina this meeting was unanimously adjourned.

 

Respectfully submitted

 

Barbara Cunningham

Town Clerk