September 22, 2008 Town of Rhinebeck Town Board Meeting Minutes

PRESENT: Supervisor Tom Traudt 11 residents

Councilman Dod Crane

Councilman Dan Staley

Councilman Bruce Washburn

Counsel Pamela Richardson

Highway Superintendent Kathy Kinsella

 

ABSENT: Councilwoman Ellen Silverstein

 

At 6:45 the Supervisor called this meeting to order.

 

PRESENTATION

 

Mary Ann Johnson, Project Director for Northern Dutchess Alliance was introduced by the Supervisor. She explained that this organization was formed in 1999-2000 with the intention of creating a forum to discuss regional issues. She handed out "Blueprint for Economic Development " brochures. The current regional issues seem to be: land use, open preservation, tourism, transportation, affordable housing and economic development. The group meets monthly and holds special issue workshops.

 

Currently there are three projects they are spearheading: the Blueprint, Buy Local Campaign and Dutchess County Bounty. The Blueprint for Economic Development was partly funded by a grant from NYS Department of State. It is a toolkit for communities to organize and collect data, relationship building, connecting community assets, evaluation and steps for creating an action plan. We need to promote the local economy and create partnerships. Their wish list is that each community will identify a person who will commit to working regionally and to help develop a regional plan of action.

 

The Buy Local Campaign is a year long educational campaign funded by a Greenway Grant. We hope to create a logo and provide give aways to retailers and hold special events. There is a need to encourage our regions products.

 

ANNOUNCEMENTS

 

September 23^rd - Zoning Seminar for residents with Comp Plan consultants in Town Hall at 7:00 pm

 

September 25^th - Rhinecliff Firehouse Soup sale from 11-1

 

September 24^th - Senior Expo at the Fairgrounds from, 9:30-2 hosted by Rhinebeck's Aging Committee and Red Hook Senior Committee. Special thanks to Bob Grimes for letting us use the Fairgrounds for no charge.

 

September 27^th - Winter Gymnastics and Basketball sign-ups at Town Hall from 9-12 noon.

 

October 3^rd -Movie Night at Town Hall "Big Fat Greek Wedding" at 7:00 pm. Sponsored by Recreation Committee.

 

October 4^th -Public Hearing for Comp Plan at 10 am in Rhinebeck High School auditorium

 

October 7^th - Public Hearing for Comp Plan at 7:00 pm also at High School auditorium

 

October 13^th - Town Hall, Highway and Transfer Station closed for Columbus Day

 

October 14^th - Town Board meeting in Rhinecliff.

 

October 24^th - Black China rock band will be performing in Town Hall at 7 pm. Sponsored by Recreation Committee.

 

October 25^th - Ultimate Frisbee Clinic at Stone Church field at 11 am. Sponsored by Recreation Committee.

 

November 21^st - Middle Age Musician night at 7 pm in Town Hall. Sponsored by Recreation Committee.

 

Aging Committee, C.A.C., Rhinecliff Advisory Council, Rhinecliff Waterfront Committee and Open Space/Affordable Housing Committee are seeking new members. Applications available in Town Clerk's Office.

 

PUBLIC HEARING CONTINUATION

 

At 7:14 the Supervisor opened this public hearing continuation for CSI Developers, LLC Use Variance application. Town Counsel Pamela Richard stated this is a continuation from the September8th public hearing. Written comments are due back by September 29^th. A letter has been received from Warren Replansky advising against this request. Dod questioned after the comment period, procedurally can the applicant comment again. He also pointed out that Mr. Replansky seems concerned about the financial hardship issue. If we accept this application without the proper financial justification we may be setting a poor standard and opening up the flood gates.

 

Josh Kimberling, lawyer from Cuddy & Feder, said their applicant just wants to go before the Planning Board for review. There seems to be consensus that this project will be consistent with the new Comprehensive Plan. We just want to move forward. He doesn't agree with the Replansky letter or Mr. Crane that this would be opening up the flood gates. Dan pointed out that Warren Replansky is the Comprehensive Plan counsel and Gellert & Klein are the Town attorneys. We need to rely on Gellert & Klein advice.

 

At 7:31, Ms. Richardson said the Town Board will continue this hearing to October 14^th at 7:00 since the comment period has not ended as of tonight's public hearing.

 

BUSINESS

 

1. Dan motioned and Bruce seconded to accept Mary Reid-Miller resignation from the Aging Committee. All were in favor.

 

2. Dod moved with Dan seconded to authorize Town Clerk to advertise for Court Clerk position and accept Jude Polotaye letter of retirement as of December 31, 2008. Bruce said the advertise will run for two weeks. Motion carried unanimously.

 

3. Approve Superfund resolution from Gellert & Klein.

TOWN BOARD SUPERFUND SITE RESOLUTION

RE: AUTHORIZING EXECUTION OF ADMINISTRATIVE ORDER ON CONSENT FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY IN THE MATTER OF CONSOLIDATED IRON AND METAL CO., INC SUPERFUND SITE, CITY OF NEWBURGH

WHEREAS, on or about July 2, 2007, after an extensive investigation undertaken by the Village of Rhinebeck and the United States Environmental Protection Agency, the Town of Rhinebeck was identified as a potentially responsible party with respect to the Consolidated Iron and Metal Co., Superfund Site, located on Washington Street, in the City of Newburgh, Orange County New York; and

 

WHEREAS, Consolidated Iron and Metal Co., Inc. Site was operated in the mid 1950's through 1999 as a junk yard at which time, they received and processed many types of scrap metals including, but not limited to automobiles, keypunch machines, computer and associated electronics parts, white goods, transformers, and scrap batteries; and

 

WHEREAS, it is alleged that the Town of Rhinebeck sent one or more of the aforementioned scrap materials to the site during the course of said operation; and

 

WHEREAS, hazardous substances have been released and are threatened to be released out of the site; and

 

WHEREAS, as a result of release or threatened release hazardous substances, the EPA has undertaken response actions in connection with the site under Section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (CERCLA), and will undertake response actions in the future. The EPA commenced removal activity of the site in August of 1998 and the site was placed on the National Priorities List on June 14, 2001; and

 

WHEREAS, in the Spring of 2003 the EPA commenced site clearing activities to facilitate sampling for the remedial investigation/feasibility study at the site; and

 

WHEREAS, as of August 31, 2006, the EPA has incurred and paid approximately $7,783,621.29 in response cost at the site and will continue to incur response costs at or in connection with the site; and

 

WHEREAS, it is alleged that the Town of Rhinebeck arranged for disposal or treatment at the site or arranged for the transport for disposal or treatment at the site, of a hazardous substance owned or possessed by the Town of Rhinebeck; and

 

WHEREAS, it has been determined that the amount of hazardous substances contributed to the site by the Town of Rhinebeck does not exceed either 0.5% of the total amount of tracked waste contributed to the site by persons or entities whom the EPA has been able to locate, or 0.4% of the total amount of hazardous substances at the site, and the hazardous substances contributed by the Town of Rhinebeck to the site are not significantly more toxic or of significantly greater hazardous effect than other substances found at the site; and

 

WHEREAS, the EPA has estimated a total response costs incurred and to be incurred at or in connection with the site by EPA Hazardous Substance Superfund and by other persons is $34,050,000.00; and

 

WHEREAS, a payment is required to be made by the Town of Rhinebeck pursuant to the Consent Order which is a minor portion of the total amount; and

 

WHEREAS, the United States Environmental Protection Agency has offered the Town an Administrative Order on Consent; and

 

WHEREAS, the EPA has determined that the Town of Rhinebeck a de minimis party to this action and to the proceedings and has proposed that the Town pay to the EPA Hazardous Substance Superfund $49,907.23, for its pro-rata share of past response costs incurred at or in connection with this site, projected future response costs to be incurred at or in connection with this site and a premium to cover the risks and uncertainties associated with this settlement, including but not limited to, the risk of the total response costs to be incurred at or in connection with the site by the EPA Hazardous Substance Superfund, or by any other person, will exceed the estimated total response costs upon which the Town's payment is based; and

 

WHEREAS, notwithstanding the forgoing the Town does not admit as part of its Administrative Order on Consent the validity of the Statement of Facts or the determinations contained in the Consent Order some of which have been outlined above; now, therefore. be it

 

RESOLVED, that the Town Supervisor be and is hereby authorized to execute a Consent the de minimis Consent Order with the United States Environmental Protection Agency in substantially the same form as annexed hereto; and, be it further

 

RESOLVED, the Town Supervisor be and hereby is authorized to make the requisite payment pursuant to the Consent Order within thirty (30) days after the effective date of the Consent Order in the amount of $49,907.23 to the EPA Hazardous Substance Superfund; and, be it, further

 

RESOLVED, that the amount of $49,907.23 is appropriated therefore.

 

Motioned by Dan Staley Seconded by Dod Crane

 

Counsel Richardson explained that this resolution is to authorize the finalization of the Superfund Site settlement. Dod asked if this payment will leave the Town free and clear. Pam Richardson replied almost but should there be other responsible parties that the EPA finds then it will be opened up again. Supposedly the EPA feels they have found all the interested parties. The Consent Order cannot exempt possible future claims. This resolution absolves the Town as best possible for today.

Councilman Crane aye

Councilwoman Silverstein absent

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

 

4. On motion from Dod and second from Dan the September 8^th Town Board minutes were unanimously approved.

 

5. Dod motioned with Bruce seconded to authorize installation of Trail Blazer directional sign at intersection of Mt. Rutsen Road and Old Post Rd at the request of the Ferncliff Forest Board of Directors. Dan recused himself since he is on the Ferncliff Forest Board. Motion passed 3-0.

 

6. Whereas there is a need to water the two grassy areas at the town dock; and

Whereas the most cost effective and practical way to water the two grassy areas are via automated sprinklers; and

Whereas three bids excluding excavation work ($4650, $4800, $4825) have been obtained to install appropriate sprinkler system; and

Whereas the lowest bidder was Mid-Hudson Lawn Sprinkler Inc, and

Whereas there are sufficient funds in Fund H27-43 to cover this project;

Therefore be it resolved that the dock area sprinkler system shall be awarded to Mid-Hudson Lawn Sprinkler Inc.

Dod is concerned about several items on tonight's agenda for almost $10,000. We need to know where the budget for the current year is. Let's pause a couple of weeks until we get Shelly's recap. With the current economic factors we need to be careful. Dan said the dock bumpers only came to about $6,000 so there may be $4,000 left in Saland's grant for these sprinklers. Bruce also feels it is wise to hold off until the recap is available from Shelly. The problem is that last year the Town was paying individual people to go down and water. He is fine with tabling it is more concerned about getting the budget report and where we stand. The Town Clerk has been given copies of the 3 bids.

 

7. Whereas excavation is needed to connect the two parts of the sprinkler system; and

Whereas only Mid-Hudson Lawn Sprinkler Inc. has the capability of the three bidders to do so; and

Whereas the Mid-Hudson Lawn Sprinkler Inc. has estimated the excavation to cost $800; and

Whereas estimate of town labor and equipment rental to do same is $907; and

Whereas there are sufficient funds in Fund H27-43 to cover this project;

Therefore be it resolved that the sprinkler excavation work be awarded to Mid-Hudson Lawn Sprinkler Inc. for $800.

Also tabled until the budget recap is available from bookkeeper.

 

8. Dod motioned and Dan seconded the following resolution:

Whereas the town pool has been leaking water for some time; and

Whereas cracks need to be repaired and gutters need to be caulked to stop the leakage; and

Whereas there are sufficient funds in Fund H38-54 to cover this project; and

Whereas Blue Water Pools is best suited to making these repairs and estimates that it will cost $1500 to repair cracks and $1300 to recaulk the gutters;

Therefore be it resolved that the repair work for the pool, not to exceed $2800, shall be awarded to Blue Water Pools.

All were in favor.

 

9. Whereas the programmable chemical controllers for the pools are over nine years old; and

Whereas used parts have been used to repair the controllers in the past; and

Whereas the safety and quality of the pools relies upon the performance of these controllers; and

Whereas the best price to replace these controllers with AK110 flow cell and sensors for ph, orp and temp came in at $3,695 per pool; and

Whereas the local distributor for these controllers is Blue Water Pools; and

Whereas there are sufficient funds in Fund H38-54 to cover this project;

Therefore be it resolved that the replacement of the two programmable chemical controllers for the pools, not to exceed $7390 in total, shall be awarded to Blue Water Pools.

Bruce explained that the current chlorinator system is 9 years old and has been patched the past couple of years. Two new systems are needed; one unit for the kiddy pool and another unit for the big pool. The replacement could wait but the down side is if one goes down the pool area would have to be closed. At this point Bobby is nursing the system. Dod suggested revisiting during the budget cycle. Also tabled for further discussion.

10. Dod motioned and Bruce seconded to authorize the bookkeeper to make the following budget transfers, amendments, and any necessary bookkeeping entries.

Bruce questioned where these entries came from. The Supervisor stated the aging transfers were for the printing of the Aging Committee brochures. Kathy Kinsella said her entries are just moving expenses from one line in the budget to another within the highway department. Kathy also feels that the more detail in the budget, the more transfers will happen and the less detail in the department budgets create less control. Kathy has talked to Shelly about the items concerning the highway department. Dan would like an explanation for the departments he is responsible for. Bruce feels we need dialogue from the bookkeeper to tighten things up. Tom asked if these must be approved tonight and the Town Clerk replied that these bills are the vouchers in front of the Board tonight for signatures and checks have been printed. Tom will ask Shelly to come to our next Board meeting.

 

GENERAL FUND

 

ASSESSORS

Equipment 00 01 1355 200 - $300.00

Supplies. 00 01 1355 410 + $300.00

 

TOWN CLERK

Legal Notices 00 01 1410 449 - $940.00

Contracts 00 01 1410 454 + $940.00

Service contract for new software purchased in 2007

 

TOWN HALL

Contingency 00 01 1990 400 - $4,007.70

Records Management 00 01 1620 401 + $ 7.70

Heating Oil 00 01 1620 411 + $3,000.00

Repairs 00 01 1620 440 + $ 700.00

Building-Grounds Maint 00 01 1620 475 + $ 300.00

 

CENTRAL MAINTENANCE

Contingency 00 01 1990 400 - $1,100.00

Equipment Repairs 00 01 1630 427 + $1,000.00

Electric 00 01 1630 431 + $ 100.00

 

AGING

Contingency 00 01 1990 400 - $ 500.00

Committee For Aging 00 05 6772 475 + $ 500.00

For senior brochure.

 

TOWN LANDING

Contincency 00 01 1990 400 - $1,000.00

Personal Services 00 06 5720 100 + $1,000.00

 

PARKS

Contractual 00 06 7110 400 - $ 500.00

Legal Notices 00 06 7110 449 + $ 500.00

 

PLAYGROUNDS

Repairs 00 06 7140 440 - $1,500.00

Supplies 00 06 7140 410 + $ 500.00

Mileage/Fuel 00 06 7140 447 + $1,000.00

 

POOL

P.S. Lifeguards 00 06 7180 101 - $4,930.79

P.S. Swim Team Coach 00 06 7180 102 + $ 330.79

Equipment 00 06 7180 200 + $1,100.00

Supplies 00 06 7180 410 + $ 500.00

Chemicals 00 06 7180 433 + $3,000.00

 

LIBRARY

Contingency 00 01 1990 400 - $ 299.00

Morton-Library 00 06 7410 401 + $ 299.00

For Levi Statue

 

CAC

Equipment 00 07 8090 200 - $ 500.00

Supplies 00 07 8090 410 + $ 500.00

 

CEMETERY

Supplies 00 07 8810 410 - $ 100.00

Gas 00 07 8810 450 - $ 100.00

Equipment 00 07 8810 200 + $ 100.00

Diesel 00 07 8810 412 + $ 100.00

 

BENEFITS

Worker's Comp 00 08 9040 800 - $1,428.76

Retirement 00 08 9010 800 + $1,328.76

Unemployment Ins 00 08 9050 800 + $ 100.00

 

 

PART-TOWN FUND

ZONING

Contingency 01 01 1990 400 - $3,000.00

Consultant 01 07 8010 408 - $1,000.00

Personal Services 01 07 8010 100 + $3,000.00

Supplies 01 07 8010 410 + $ 600.00

Postage 01 07 8010 448 + $ 400.00

 

PLANNING

Legal Notices 01 07 8020 449 - $ 85.20

Printing 01 07 8020 402 + $ 85.20

 

Estimated Revenues 01 510 + $57,500.00

NYS Open Space Grant 01 3089

 

Appropriations 01 960 + $57,500.00

Comp Plan Expenses 01 07 8020 490 $30,000.00

Open Space 01 07 8020 492 $ 1,387.90

Attorney to Review Comp Plan 01 07 8020495 $26,112.10

 

HIGHWAY PART-TOWN

 

Estimated Revenues 03 510 + $1,478.40

Misc Revenue 03 2774

Appropriations 03 960 + $1,478.40

Equipment Supplies 03 04 5130 422 $546.00

Equipment Repairs 03 04 5130 427 $932.40

Credit from purchase of 2009 Int'l. Needs to be used to make additions on truck.

 

Estimated Revenues 03 510 + $15,000.00

Rental of Equip Other gov'ts 03 2416

Appropriations 03 960 + $15,000.00

Shultzville Road 03 04 5112 201 $5,000.00

Patten Road 03 04 5112 202 $5,000.00

 

Road Oil 03 04 5110 424 - $15,000.00

Wurtemburg Road 03 04 5112 200 + $10,000.00

Shultville Road 03 04 5112 201 + $ 5,000.00

 

All voted in favor of approving these transfers

 

11. On motion from Dan and second from Dod abstract 9 B, checks 4029-4076, vouchers 1069-1127 for $59,264.25 was unanimously approved.

 

12. These amendments have been reviewed and unanimously recommended by the Town of Rhinebeck Financial Controls Committee.

 

1. Sub-Section 30-3 A. (2) The lower limit of ($1,000) should be changed to ($250).

2. Sub-Section 30-3 A. (3) Existing language should be deleted and replaced with the following: Two hundred and fifty ($250) or less is left to the discretion of the purchaser.

3. Sub-Section 30-3 B (2) The lower limit of ($3,000) should be changed to ($1,000).

4. Sub-Section 30-3 B (3) The upper limit of ($3,000) should be changed to ($1,000). Verbal quotes should be required for this category of purchases.

5. Sub-Section 30-3 B (4) The following should be added: Less than $500 is left to the discretion of the purchaser.

6. Sub-Section 30-4 The following subsection should be added:

a. There should be no open ended contracts or provision of services. All contracts or services should have a not to exceed dollar amount. This requirement includes professional services.

1) Professional service contracts or any other services performed on an hourly basis must include a scope of work and a budgetary estimate of the total cost.

2) All acquisition of professional services shall require written proposals.

7. Sub-Section 30-6 A Professional services should be deleted as an exemption.

8. Sub-Section 30-6 B The following should be added: Only the Town Supervisor shall have the authority to declare an emergency.

9. Sub-Section 30-6 C The following should be added: Sole service suppliers must provide written verification to the purchaser, that they are in fact the sole source supplier.

10. Sub-Section 30-8 This section should be added:

a. Expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the Board.

b. Requisite documentation supporting a purchaser's request must be submitted to the Board as part of the approval process.

c. The Board, with the advice of town personnel shall, each year, create a list of authorized purchaser's. These authorized purchasers must supply the Board with the requisite documentation.

d. Supporting documentation for purchases of goods or services.

1. Documented conformance with all procurement policies contained herein.

2. Confirmation that the funds are available in the budget.

11. Sub-Section 30-9 This section should be added:

a. Budget transfers from one line to another cannot be made without the prior approval of the Board based on a written request from the party requesting a transfer.

 

Dod motioned with Dan seconded to authorize town attorneys to review and emend recommendations from Finance and Controls committee to update Chapter 30 of Town code pertaining to procurement policy. The board will review and perhaps adopt the code as modified by the town attorneys at a future date. Bruce wants to make sure all the procedure is legal.

All were in favor.

.

13. Bruce explained that the Finance and Controls committee has recommended that a CPA run review be conducted of town financial processes, policies, practices, and software and potential risks. The firm of Sedore & Company is highly qualified to do same and has offered to prepare an RFP for future consideration of the board. Dan motioned and Dod seconded to have Sedore & Co. prepare an RFP for future consideration. Dod asked is this firm was a municipal law firm and Bruce stated yes. All were in favor.

 

DISCUSSION

 

1. Bruce explained that the Web Committee met last Friday at the Rhinecliff Hotel and they have evaluated various email service providers and concluded that mail Chimp is the best for our needs from both function and expense perspectives. If we use our non-profit status and pay by credit card, the monthly cost should be $25.50 for an email list of 2500 or less. We have about 1000 now. As web and email expense are currently under the supervisor line items in the budget, the supervisor should advise on how we should proceed. It is a secure list which can not be sold.

 

2. Bruce stated the web committee would like to make town forms available on the web site. Liaisons will be asked to have their departments provide Bruce with forms to be scanned or retyped by November 1, 2008. The village will be doing the same.

 

3 .Bruce announced that the technology committee is available to assist departments and committees in evaluating, planning and implementing their technological needs. Any department or committee that perhaps would like to better leverage technology, should consider attending the next technology committee meeting on October 18, 7:30 Town Hall. Dod added that the technology is out there - might be expensive.

 

4. Tom informed the Board that he has met with Saland's office about our grant for and using it for something else. There is concern there about the shortfall coming down from Governor's office. The Senator wants something to maintain the dock - maybe a skidsteer which would cost $18,000 on a government bid. We have the $14,000 grant. Dan will check with Keil Equipment. The fenders for the dock are in the mail. Sally encouraged the Board to act quickly because the money seems to be disappearing.

 

At 8:45 Dod requested an executive session on a personnel managing situation. Bill Kimbill questioned the necessity and more specific wording per the Open Meeting Law for an Executive Session. Dod then motioned and Dan seconded to go into Executive Session for an employee history. All were in favor.

 

At 9:30 the Board came out of Executive Session and on motion from Dan and second from Bruce this meeting was unanimously adjourned.

 

Respectfully submitted,

 

 

Barbara Cunningham

Town Clerk