MARCH 9, 2009 RHINEBECK TOWN BOARD MEETING MINUTES

 

PRESENT:  Supervisor Thomas Traudt                Kathy Kinsella

                    Councilman Dod Crane                     Ray Jurkowski

                    Councilwoman Ellen Silverstein        Ron Evangelista

                    Councilman Dan Staley                     31 residents

                    Councilman Bruce Washburn

                    Counsel Scott Volkman

 

 

At 6:50 the Supervisor opened the meeting and led the audience in the Pledge of Allegiance. 

 

ANNOUNCEMENTS

 

Town Ethics Board seeking original members, Finance and Control Committee needs 1 new member, Recreation Committee is looking for new member, Quad-Centennial committee needs members who will organize, promote and run various events throughout 2009.  All volunteer applications available in Town Clerk's office.

 

March 18^th  7-9 pm - Rhinecliff Waterfront Recruitment meeting at The Bar in Rhinecliff.  Committee is looking for volunteers to help run and plan Waterfront Day on August 16^th.   For more information contact Tony Todisco at Atodisco@aol.com

 

April 24-26^th - Electronic Take Back Day program at Dutchess County Fairgrounds during Earth Day Weekend.  This is an opportunity to bring old electronic equipment for safe, effective/recycling disposal at $10 per carload for individuals.  Businesses must pre register with Advanced Recovery, Inc.  For more information contact Bob Travers at 858-8809.

 

BUSINESS

 

1. Scott has reviewed the Thompson Mazzarella Park EAF with Town Planner Art Brod and this Master Plan needs to be implemented and the Town Board should to set a public hearing  

Resolution Declaring Intent to Serve as Lead Agency under SEQRA and Scheduling Public Hearing in the matter of the Master Plan for the Thomas Thompson-Sally Mazzarella Park

 

On Motion by Dan Staley and

Second by Bruce Washburn

 

 

Whereas, upon authorization of the Town Board there has been prepared by the Town Park Committee with the assistance of the LA Group a Master Plan for phased expansion within a 72-acre tract adjacent to the 12-acre Thomas Thompson-Sally Mazzarella Park on NYS Route 308 - Rhinecliff Road,

 

Whereas, the Town Board desires to consider the adoption of the Park Master Plan in accordance with the provisions of  the Town Law and the Environmental Conservation Law of the State of New York,

 And

 

Whereas, the Town Board has determined the Proposed Action, the adoption of the Park Master Plan, to be a "Type I Action" under the Title 6 Part 617 NYCRR due to, among other criteria, its location within the Hudson River Historic Landmarks District, for which coordinated environmental quality review must be undertaken, and

 

Whereas, the Town Board has further determined the location to lie within the Town's Local Waterfront Revitalization Area as set forth under the Town's Local Waterfront Revitalization Program and the State Coastal Management Program, and

 

Whereas, the Town Board has afforded consideration of its ability to marshal the resources of the Town Planning Board, the Town Conservation Advisory Council and the Town Waterfront Advisory Committee to complement the work of the Park Committee and assist in moving forward with the Town Board's consideration of the resulting Park Master Plan,

 

Now, Therefore, Hereby Be It Resolved:

 

1.      The Town Board accepts the Master Plan Report for the Thomas Thompson - Sally Mazzarella Park from the Town Park Committee for purposes initiating consideration of the adoption of the Park Master Plan for phased expansion described therein.

 

2.      The Town Board declares its intent to serve as Lead Agency under SEQRA (Article 8 ECL and Title 6 Part 617 NYCRR) for required coordinated environmental quality  review of the Proposed Action and identifies the Village of Rhinebeck, the NYS Office of Parks, Recreation and Historic Preservation, the NYS Department of Transportation, the NYS Department of Health, the Dutchess County Health Department and the NYS Department of Environmental Conservation as other involved agencies, and the Starr Library, the Town of Rhinebeck Planning Board, the Town of Rhinebeck Conservation Advisory Council, the Town of Rhinebeck Waterfront Advisory Committee, the NYS Department of State Coastal Management Program, the Dutchess County Department of Planning and Development, the Dutchess County Youth Council, the Town of Rhinebeck Recreation Commission , and the Rhinebeck Soccer League as interested agencies and/or persons.

 

3.      The Town Board directs the Town Clerk with the assistance of the Town Planning Consultant to timely distribute for response within thirty (30) calendar days a Notice of Intent to Serve as Lead Agency, with embodied Request for Comments, to each of the other involved agencies with copy also to be provided to each of the interested agencies and/or persons, said Notice of Intent to be accompanied by a copy of the Expanded Environmental Assessment / Thomas Thompson-Sally Mazzarella Park and a copy of the site plan depicting the location and extent of expanded Park facilities.

 

4.      The Town Board requests the Town Conservation Advisory Council (CAC) review the Master Plan Report and accompanying Expanded Environmental Assessment and advise the Town Board and Planning Board within the next thirty (30) calendar days of its determination as to the consistency of the Park Master Plan with sound environmental practices and protection of the environmental of the 72-acre Park expansion site.

 

5.      The Town Board requests the Waterfront Advisory Committee (WAC) review the Master Plan Report and accompanying Expanded Environmental Assessment Form and advise the Town Board and Planning Board within the next thirty (30) calendar days of its determination as to the consistency of the Park Master Plan with the local waterfront (coastal) policies set forth under the Town's Local Waterfront Revitalization Program (LWRP).

 

6.      The Town Board requests the Town Planning Board review the Master Plan Report and accompanying Environmental Assessment Form, review the above requested reports by the CAC and WAC in addition to any comment that may be received from other involved agencies pursuant to the circulation of Notice of Intent, and consider the "criteria for determining significance" set forth at Title 6 Part 617.7.c NYCRR so as to within forty (40) calendar days of this resolution advise the Town Board, if the Town Board is confirmed as Lead Agency by the other involved agencies, of its recommendation for issuance of a determination of significance, i.e. Negative Declaration or Positive Declaration, by the Town Board, which recommendation will be considered by the Town Board in combination with any further input that may be received from interested agencies and/or persons through the close of public hearing.

 

7.      The Town Board further schedules a Public Hearing on the Park Master Plan for phased expansion of the Thomas Thompson - Sally Mazzarella Park for Monday, April 13, 2009, at 7:00 p.m. and directs the Town Clerk with the assistance of the Town Planning Consultant to both provide timely public notice thereof within the Town's official newspaper and to incorporate notice thereof in the aforementioned Notice of Intent to Serve as Lead Agency under SEQRA..

 

Roll Call Vote:

Councilman Crane aye

Councilman Silverstein aye

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

 

Resolution Declared:  Adopted           5-0

 

Resolution Certified:

 

______________________________________        _________________

Barbara Cunningham, Town Clerk                             Date

 

.

2. Dan Staley motioned and Ellen Silverstein seconded to authorize Supervisor to sign renewal agreement with St. Francis Hospital for the Employee Assistance Program.  Motion carried unanimously.
3. Transfer 2002 Ford Ranger from highway to building department.

 

WHEREAS, The Town Highway Department is disposing of a 2002 Ford Ranger pickup truck, and

 

WHEREAS, the Building Department has an old pickup truck that needs to be replaced, and

 

WHEREAS, the Town Board would like to transfer the pickup truck from the Highway Department to the Building Department for $3,000.00,

 

NOW, THEREFORE BE IT RESOLVED, that the Town Board of The Town of Rhinebeck authorizes the transfer of the 2002 Ford Ranger pickup truck from the Highway Department to the Building Department for $3,000.00, and

 

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

 

Part-Town Fund

Contingency                           01 01 1990 400                    -  $3,000.00

Trans to Capital Fund           01 10 9950 900                    + $3,000.00

   Transfer the $3,000 to Cap Project H77 Highway Equipment.

 

Offered by:  Dan Staley                    Seconded by Ellen Silverstein

 

Roll Call Vote:        Councilman Crane aye

                                Councilman Staley aye

                                    Councilwoman Silverstein aye

Councilman Washburn aye

                                    Supervisor Traudt aye

 

Resolution: Certified this 9^th day of March 2009 by ____________________

                                                                    Barbara B. Cunningham, Town Clerk

 

3a  Dan Staley motioned and Bruce Washburn seconded to authorize the bookkeeper to make the following budget transfers, amendments, and any necessary bookkeeping entries.

GENERAL FUND

 

Contingency                                       00 01 1990 400        -     $4,000.00

Unallocated Insurance                      00 01 1910 400        +    $4,000.00

In addition to the annual increase, we added new equipment and increased some coverage on the Town Landing. 

 

HIGHWAY PART-TOWN FUND

 

Estimated Revenue                          03 510                        +    $2,500.00

03-2775                                                                   School Sand/Salt     

Appropriations                                  03 960                        +    $2,500.00

            03 04 5148 405 School Sand/Salt                              

To be able to record the sand/salt used by the School the same way we do for the Village. All were in favor.

 

4. On motion from Dod Crane and second from Dan Staley the February 23, 2009 Town Board minutes were unanimously approved.
5. Ellen Silverstein moved with Dod Crane seconding to approve Abstract 3 vouchers 300-342 for $89,959.28.  Bruce Washburn stated one employee will be reimbursing the Town $84.00.  Carried unanimously.
6. Ellen Silverstein motioned and Bruce Washburn seconded to approve Abstract 1 voucher 1, cap project 55 Town Hall Equipment checks 4678 for $418.00.  All were in favor.
7. On motion from Dod Crane and second from Dan Staley, Abs 1, voucher 1, check 4679, capitol project #77 Highway Equipment for $19,580.77 was unanimously approved.
8. Scott Volkman explained that 2 employees have requested to join the Union.  This resolution only recognizes their intent to be in this union.  There will be separate classifications for the maintenance mechanic and laborer. 

 

Resolution Recognizing Local union 445, International Brotherhood of Teamsters, AFL-CIO as the Exclusive Bargaining Representative of the Town's Ground and Maintenance Employees

 

         WHEREAS, the Town of Rhinebeck ("the Town") and Local Union 445, International Brotherhood of Teamsters, AFL-CIO ("the Union") are parties to a Collective Bargaining Agreement ("the Collective Bargaining Agreement") effective January 1, 2005 through December 31, 2008; and

            WHEREAS, pursuant to a Memorandum of Agreement executed by the Union on January 9, 2009 and executed by the Town on January 12, 2009, the Town and the Union have reached an agreement on the terms and conditions for a successor collective bargaining agreement for the period of January 1, 2009 through December 31, 2009; and

            WHEREAS, Dan Rushton ("Rushton") is employed as a Laborer by the Town of Rhinebeck; and

            WHEREAS, Robert Fitzpatrick ("Fitzpatrick") is employed as a Maintenance Mechanic by the Town of Rhinebeck; and

            WHEREAS, Rushton and Fitzpatrick have each requested acceptance in the Union by filing of "union cards"; and

NOW THEREFORE BE IT RESOLVED, that the Town hereby recognizes Local Union 445, International Brotherhood of Teamsters, AFL-CIO as the exclusive bargaining representative of the Town's grounds and maintenance employees.

Motioned by  Dod Crane                                 Seconded by Ellen Silverstein

 

Roll Call Vote:

 

Councilman Crane aye

Councilwoman Silverstein aye

Councilman Staley nay

Councilman Washburn aye

Supervisor Traudt aye

 

Resolution passed 4-1

 

Resolution correcting error in Highway Department Payroll records.

 

WHEREAS, the Town of Rhinebeck ("the Town") and Local Union 445, International Brotherhood of Teamsters, AFL-CIO ("the Union") are parties to a Collective Bargaining Agreement ("the Collective Bargaining Agreement") effective January 1, 2005 through December 31, 2008; and

            WHEREAS, pursuant to a Memorandum of Agreement (the "Memorandum of Agreement") executed by the Union on January 9, 2009 and executed by the Town on January 12, 2009, the Town and the Union have reached an agreement on the terms and conditions for a successor collective bargaining agreement for the period of January 1, 2009 through December 31, 2009; and

WHEREAS, pursuant to the Collective Bargaining Agreement and Memorandum of Agreement, certain employees are entitled to a salary increase as of their employment anniversary date;

WHEREAS, as a result of an error the Town made at the beginning of 2009, certain members of the Town of Rhinebeck Highway Department received a premature salary increase contrary to the terms of the Collective Bargaining Agreement and Memorandum of Agreement; and

WHEREAS, as a result of such error, said members of the Town of Rhinebeck Highway Department received four (4) paychecks at the increased rate which rate should not have been effective until their respective employment anniversary dates; and

WHEREAS, the Town Board now wishes to correct the error resulting in such premature increase; and

NOW THEREFORE, BE IT RESOLVED THAT, the Town of Rhinebeck bookkeeper is hereby authorized and directed to pay salaries to all Town of Rhinebeck Highway Department employees pursuant to the terms of the Collective Bargaining Agreement and Memorandum of Agreement, and

BE IT FURTHER RESOLVED THAT, the Bookkeeper is further authorized and directed to apply the appropriate salary increase beginning on the fifth (5) pay-period following the anniversary date of each of the affected employees. 

Motion by Dod Crane                            Seconded by Ellen Silverstein

 

Scott explained that certain highway personnel received a raise on January 1, 2009 and it should have been on their anniversary date.  They have received 4 paychecks in error.  When they are eligible for their anniversary raise they will wait 4 payrolls to actually receive the raise.  This will correct the situation.  

 

Councilman Crane aye

Councilwoman Silverstein aye

Councilman Staley    aye

Councilman Washburn aye

Supervisor Traudt aye

 

Motion carried unanimously.

9. Dod Crane motioned and Ellen seconded to authorize Morris & Associates to design a 40 X 80 foot pavilion at the Recreation Park not to exceed $3,000.  All were in favor.  Ron Evangelista will draft.
10. Staff recognition day.  Bruce suggested putting together a picnic for committee members, employees and volunteers.  It would be a way to recognize their efforts.  He said he would plan it if the Board thought this was a good idea.  All were in agreement. 

 

PRESENTATION

 

Hog's Bridge Culvert Replacement

 

Highway Superintendent Kathy Kinsella gave a little history on Hog's Bridge.  It was originally built between 1839-1844.  There has been significant erosion and the condition of the bridge and culverts is becoming worse.  There is movement in the headwalls.  This project was discussed in 2008 during the 2009 budget process.  She has been actively pursuing stimulus money and it is just not there.  Unfortunately it is a Class 9 rural road which doesn't qualify for funds.  She and Bob Wyant visited the site today and the stress fractures are widening.  Tonight we are looking for permission to go forward with the legal and engineering work.  It could cost $1 million. 

 

Ray Jurkowski from Morris & Associates explained his presentation will cover:

1.      Project need

2.      Design Consideration

3.      Features of project

4.      Temporary Traffic impact

5.      Permits and Approvals needed.

 

1. The northern headwall is deteriorating and is listing 12 inches out of plum.  The pavement is settling which creates a bottleneck toward the center of the road.  There is a significant drop off down, towards the stream.  The masonry arch culvert was put in place in the mid 1950-1960's then the metal arch was put in later.  It is rusting.  The headwall was rebuilt when the metal culvert was built.  On one of the headwalls there is a 3 ½ foot wide piece missing.  There are also cracks in the roadway along the headwall. 

 

2.The existing headwalls have been repaired in the past.  We need to increase the usable shoulder width and update the headwall to current standards.  It is important to maintain the rural character of the area not just provide an economical design.  A detour will be necessary during construction. 

 

3. Easements will have to be obtained for the required construction.  When construction begins the road will be closed.  We will be increasing the safety of the crossing by meeting mandated current standards. 

 

4. Ron stated that approximately 4,000 vehicles travel this road daily; it is a nice short cut for commuters.  The construction period should be about 4-6 weeks.  There will be detours on Astor Drive, River Road and Hook Road.  Only local traffic will be allowed on Mt. Rutsen.  Chuck Dobson questioned directing the traffic onto small rural roads; why not divert the traffic onto 9 and 9G?  Ron feels that is definitely another alternative. 

 

5. The Town will need to have approvals from NYS DEC, U.S Army Corps of Engineers, NYS Office of Parks, Recreation and Historic Preservation.  A state environmental review will be necessary with the Town Board declaring this as a Type II action and being the lead agency.   

 

The cost will be around $930,000, the masonry alone will be approximately $300,000.  The project could be scheduled for July 15-September 25. and financed with a 15 year bond at 5% interest which comes out to about 9 cents per thousand in valuation of property assessment.  Ron then stated it will be similar to what is there now, a 3 sided structure which will not disturb the stream. 

 

Pat Coon questioned the dates of Mt. Rutsen being closed; when the Dutchess County Fair is held in August, she doesn't think some of the rural roads mentioned for detours can handle that amount of traffic.  She agrees with Mr. Dobson that 9 and 9 G are better and safer alternatives.  She would also like to see the vehicular weight enforced better.  This should not be a thoroughfare for tracker trailers.  Kathy Kinsella agrees that the police need to enforce weight limits not just speed enforcement.  Bob Wyant, Highway Foreman stated the weight limit will not change with this new culvert.  A Mt. Rutsen resident asked why the Town should take on such a massive project during these economic times and he wondered if and when this is constructed will the guardrails be extended? 

 

Tom Mannix stated he visited this site and the inside of the barrel is aligned except for the rust.  The first thing that should be repaired is the invert where the stream is impacting the stone and mortar.  The stream needs to be re-aligned.  The metal plate is smaller than the adjoining stone culvert.  The total length of the culvert is 33 feet.  He also feels that the necessary work could be done without a detour by working on the road and shoulder.  The wing walls could be rebuilt by stone mason.  He pointed out that there are no state standards for roads with speed limits 30 MPH or lower and with a 2 foot clearance.  Tom Traudt asked if the barrel needs to be fixed and Tom said you could re-point the stone and put membrane waterproofing in.  Dan asked about the rusting and Tom feels it could be painted, there are no major holes.  Add a plate and bolt it if holes are too deep.  The total cost should be about $150,000 without detours.  The presented project would probably take a year.  Tom asked if historical grant opportunities are out there and Tom replied state grants are available.  The DOT is looking for projects, Mike Shafferton at the regional office would know.  Go through the DOT for grants, this is a collector road.  Kathy Kinsella informed the Board that Ron Evangelista pleaded our case to the State DOT and we were denied.  Anything north of Poughkeepsie is considered a rural road.  The stimulus money is going to denser areas.  We are in the 2^nd class for funding. 

 

Chuck Dobson stated if this project goes forward it would present the Town with an opportunity for a traffic study with Mt. Rutsen Road closed.  Another resident is concerned about flooding of the stream.  Ron explained that easements would have to be obtained and a survey would be necessary to determine property lines around the bridge.  A wider opening in the bridge would help stop the flooding and we would sand bag the sides. 

 

Dod asked Ron and Ray if they have any comments on Tom Mannix's thoughts.  Kathy said she needs the Board's recognition to start authorizing the funding process.  The goal tonight is to alert the Board and the public.  We cannot continue this dialogue without funding.  There was a resolution that went to Gellert & Klein for review.  Bob Wyant asked what would happen if the headwall fell into the stream and Ray said it would then become an emergency situation and the cost would escalate.  A higher headwall is needed for safety reasons.  If a car hits it now it could take the headwall with it.  Dan feels the question is how extensive we want to go.  Kathy said that temporary work will not solve the problem; you can't do a partial headwall repair and later do the culvert.  My job is making sure the Town Board is aware of infrastructure repair.  Bruce asked if these repairs should have been made over time and Kathy stated she has been monitoring this since 2007.  Back then they were hairline fractures and now there is a 4 inch crack.  She showed pictures supporting this. 

 

Pat Coon said the upstream side is impacted by the Village run off, will the Village be involved.  Kathy explained that the funding will come from the General Fund which is both Town and Village, not the Part Town fund which is the Town only.   

 

Ray would like to start the easement research and survey funding tonight.  Scott Volkman told the Board they have the right to bond the preliminary work with a 5 year life.  If you choose to pursue the project the bond can then be rolled over to a 15 year bond. You do not want to do a bond resolution without better numbers.  Ray Jurkowski can give an estimate up to the bidding process.  Scott asked him to be definitive with dollar amounts and define scope of work; survey study, easement research, etc.  You will need a not to exceed dollar amount.  Ray said the $930,000 is a conservative estimate.  Scott seems to think it may be better to split it out:  plans, easements, design, permitting, etc.  Make this a 2 phase project.  Ray doesn't have a problem with that idea and will submit the paperwork to Scott before the next meeting. 

 

After listening to this proposal, Pete Huber feels this is a 2010 project.  The Rhinebeck Kill is an explosive watershed area.  The design is the easy part.  When ready put it out to bid when the Town has the money to fund it.  According to Scott the stimulus money will not affect the bonding.  He will prepare a resolution for the March 23^rd meeting.  On motion from Dod and second from Ellen, the Board unanimously agreed to start the legal/engineering work. 

 

 

DISCUSSION

 

Alternatives Town Counsel has determined the Town has with in regards to the safety issues at Holy Cross.  Scott Volkman informed the Board if they want to declare the property unsafe, he can arrange with the Zoning Enforcement Officer, Building Inspector and Town Engineer to inspect the property.  We may need Court authorization (search warrant) to do a proper analysis if the property owner is not agreeable to our officials entering the facility.  If this report declares that it must be demolished, then it is the Town's expense.  We can file a lien but the Town would have to pay the initial funds.  You may want to consider amending the demolition process and the Town responsibility.  You might want to barricade the property again with a key going to the Fire Company and police.  Dod suggested that due to the late hour that the Board has an Executive Session at the March 23^rd meeting on this matter.  All were in agreement.  Scott confirmed that this is eligible for an Executive Session.  Pierce Smith asked for clarification of the meaning of demolish:  taking the building down or removal of the building also.  Scott stated that any asbestos would have to be removed.  Our statute may need to be re-worked. 

 

Update of Rhinecliff pedestrian bridge from Town Counsel.  Gellert & Klein has ordered a title search which has not been received yet.  We need to know who actually owns this bridge.

 

Update on D.O.T. Stop and Ride at Route 199/Bridge approach Tom Traudt reported that in October 2008 the Lemon Lane residents became concerned with this Park & Ride and now the DOT has agreed to move it farther west of Lemon Lane towards River Road and pointed out the map on display.  Kathy Kinsella said the bridge authority should maintain this and not the Town.  Mita Callahan asked if a traffic light would be placed at this location and Tom said no.  The work will commence in December 2009 and there will be no parking from 12 midnight - 4am once it is in place. 

 

LEED certification in Comprehensive Plan Dan Staley wants to encourage green building but is a little concerned why Ted is pursuing LEED in the Comp Plan.  It is not the Town's position to steer business in a certain direction.  It should be a case by case basis before our Planning Board.  Tom Traudt feels this should be dealt with at a Comprehensive Plan workshop. 

 

Bob Fox stated that this is a very inclusive opportunity not exclusive.  You will find stores open to LEED supplies.  LEED is about score carding the building process.  It requires healthy standards with products which must be bought locally.  Builders like this concept.  With financing, if the building is LEED rated you will get a lower interest rate and faster loan.  NYSERDA has received $123 million in stimulus funding.  This is an opportunity for Rhinebeck to lead this change.  There is another program for municipal buildings and school's.  He urged the Board to keep this concept in the Comprehensive Plan.  LEED started in the mid 1990's, the Navy, Army, New York City and California has already adopted these standards.  Bob volunteered to conduct a workshop to help educate people in Rhinebeck.  Please take a leadership role.  The Comp Plan only wants these standards followed if the building is 4,000 square feet or larger.  Most projects would not be affected.  He submitted a packet for LEED certification-immediate and measurable. 

 

Sub-division Regulations Dan again is questioning who we want to finish this.  Mike Trimble has been working on and now so is Ted Fink.   Mike Trimble, Planning Board Chairman thinks it would be wise to have Art Brod, our Town Planner review.  If Ted finishes then the Planning Board and Art can look at Ted's draft.  Tom Traudt thinks Ted has a lot on his plate right now and asked Michael if he would take this on.  Michael will talk to Ted and get back to the Board.3/16/2009

 

Scott Volkman brought the Board up to date on Vanderburgh Cove Sewer District.  The north field continues to be a problem and some temporary measures need to be taken care of.   The north field has had some partially treated sewage breach the surface at 4 locations, (3 small and 1 large) of the two subsurface sand filters.  Tonight we are seeking authorization for the operator to contract, not to exceed $7,500, to remedy this situation.   

 

Joel Tyner reported he held a forum in Village Hall regarding local concerns at the Fairground.  He also wants to encourage residents to move to zero waster.  He urges everyone to follow green principles. 

 

ADJOURNMENT

 

At 9:55 this meeting was unanimously adjourned on motion from Ellen and second from Dod.

 

 

Respectfully submitted,

 

 

Barbara Cunningham

Town Clerk