October 13, 2009 Town of Rhinebeck Town Board Meeting Minutes

At 6:50 the Supervisor called this meeting to order with Councilmember's Dod Crane, Dan Staley, Ellen Silberstein, and Bruce Washburn present. Counsel Pamela Richardson also in attendance along with 27 residents.

 

Lily Knapp from Brownie Troop #78 led everyone in the Pledge of Allegiance.

 

Announcements

 

October 20^th from 4:30-6:30 Basketball sign ups in Town Hall

 

October 22^nd from 10-12 Flu Clinic and Pneumonia shots at Dutchess County Fairgrounds

 

October 24^th winter basketball starts at Rhinebeck High School

 

October 27^th Rhinecliff Leaf pick up by Highway Department

 

November 7^th at Rhinebeck High School - Discovery Fair

 

November 12^th at 7 pm - Internet Safety Program at Rhinebeck High Auditorium

 

Thompson Mazzarella Park Community Center Visioning Committee, Ethics Board and Planning Board are seeking new members. Contact Town Clerk at 876-3409.

 

Presentation

 

Town Engineer Ron Evangelista reported on Hog's Bridge Culvert replacement.

His office reviewed the 5 bids received at the October 7^th bid opening

Company Base Bid Price

Arch BridgeContracting $319,000

B & K Excavation $344,367

Sun-Up Enterprises $443,112

Arold Construction $472,050

Thomas Gleason $536,375

 

He suggests awarding the bid to the lowest bidder, Arch Bridge Contracting out of Altamont. They had excellent references from Green County and Columbia Department of Public Works. Bruce Washburn pointed out the Board still needs to figure out how we are paying for this. Dod asked what is the quickest way and Pam Richardson said she will have to get with Scott Volkman since he is Bond Counsel to the Town.

 

Thompson Mazzarella Park RFP

Ron said he met with the Park Committee and has prepared an RFP but he still needs a final read from the Committee. Pam Richardson suggested taking out the Community Center location in the RFP. It would be premature at this point to leave in.

 

Update on Vanderburgh Cove: treatment bid status, DEC status and phase 1 design status of collection system

Ron reported that at the September 30^th meeting with the DEC, 3 Cove residents, Scott Volkman, Tom Traudt, Bruce Washburn, 5 DEC staff and DOH were quite productive. Any application for a Wetlands engineered plan would be considered new and the DEC will not budge from the end date of 10/31/10 when the old system must be abandoned. The review process and permits are to time consuming. The DEC feels that any wetlands system will not fit in this location. The Bio Clere bid opening will be October 30^th at Town Hall. We are moving forward with Phase I and II drawings. Phase I will be the replacement of the 12 worst manholes - north #5, 6, 7, 8, 31, 32 and south #23, 24, 25, 26, 27, and 28. Numbers 5 and 31 are outside the easements and will need owner approval.

Pam Richardson has maps and is working on the easements.

 

Alex Livesay suggested notifying the owners if engineers or bidders will be coming onto private property. Ron explained that we have the right to enter the property according to State law to do necessary work. Ms. Richardson will look a t statute to see if pre bid meeting is necessary and suggested writing a letter notifying homeowners of any activity. Dod is concerned how a private contractor can walk private property. Alex then asked the total cost of the project and Ron replied the bidding process will determine the cost. Alex asked what happens after the 12 manholes are fixed and Ron said the intent is to move forward with the new collection system.

 

Victor Cornelius stated a cost benefit analysis by Town Engineer must be done and into the DEC by January 2010.

 

Susan Sausto understands that there is a flow rate taken daily. The district purchased a flow meter several years ago and she wonders why that unit cannot be used. Ron said the flow meter turned in by previous operator did not have proper cord and that unit is not usable now.

 

Alex now wants to know the cost of the Bio Clere. Victor explained that is what is being worked on now. The target rate per household will hopefully be around $880. In early December estimates will be available. Alex is still concerned about the cost, there seems to be a lot of variables. At this point the Supervisor asked for the discussion on phases II and III to be continued at a future meeting.

 

Dod wondered if the Town is still waiting for the homeowners to accept that the wetlands engineering is not an option. Alex replied there is a community meeting this weekend. He isn't sure the HOA will accept the Bio Clere concept.

 

Business before the Board

 

1. On motion from Dan Staley and second by Dod Crane the Hog's Bridge project was awarded to low bidder Arch Bridge Construction Contracting at $324,000 per Town Engineer's recommendation. A notice of award will be prepared by Counsel Scott Volkman. All were in favor

 

2. Thompson Mazzarella Park RFP for full Park Design was tabled until the October 26^th meeting.

 

3. Dan motioned and Ellen seconded to authorize bookkeeper to make following budget transfers

GENERAL FUND

 

ASSESSORS

Dues/Miles/School 00 01 1355 447 - $ 150.00

Postage 00 01 1355 448 + $ 150.00

 

TOWN CLERK

Codification 00 01 1410 460 - $ 400.00

Postage 00 01 1410 448 + $ 400.00

 

TOWN HALL

Fuel Oil 00 01 1620 411 - $ 450.00

Contracts 00 01 1620 454 + $ 450.00

To Cover Vanguard Roof repair that was approved Sept. 28.

 

Estimated Revenues 00 510 + $18,928.50

NYS Line Grant #M050459 00 3089

 

Appropriations 00 960 + $18,928.50

Senior Transportation Van 00 05 6772 200

To record purchase of 2007 Chevrolet 3500 Express passenger van from Ruge's Subaru.

Resolution to purchase was approved Sept. 14, 2009.

 

 

Estimated Revenues 00 510 + $4,000.00

Gifts and Donations 00 2705

 

Appropriations 00 960 + $4,000.00

2009 Sinterklaas Celebration 00-06-7550-403

To record Thomas Thompson Trust donation for event.

LANDFILL

Personal Services 00 07 8160 100 - $1,200.00

Repairs/Maint 00 07 8160 440 + $1,200.00

To push brush back and to level large earthen hill $720.00.

To cover a second mowing of the landfill $500.

 

PART-TOWN FUND

 

ZONING

Equipment 01 07 8010 200 - $ 200.00

Postage 01 07 8010 448 + $ 200.00

Requested by Zoning Secretary

 

TRANSFER STATION

Equipment 01 07 8160 200 - $ 500.00

Supplies 01 07 8160 410 - $ 300.00

Dues/Miles/School 01 07 8160 447 - $ 400.00

Gas/Propane 01 07 8160 450 - $ 500.00

Recycling 01 07 8160 443 + $1,700.00

Requested by Nancy.

HIGHWAY PART-TOWN FUND

 

Safety Equipment 03 08 9089 804 - $ 400.00

Cell Phone- Foreman 03 08 9089 802 + $ 400.00

VANDENBURGH COVE SEWER FUND

 

Appropriated Fund Balance 22 599 + $13,820.00

 

Appropriations 22 960

Grant Writer 22 07 8110 400 + $ 15,000.00

Sludge 22 07 8130 425 + $ 1,600.00

System Repairs 22 07 8130 440 + $ 1,500.00

Veith Enterprises installed phase a matic. Expenses are higher than budget.

 

Equipment 22 07 8130 200 - $ 1,000.00

Lab Test 22 07 8130 450 + $ 670.00

Electric 22 07 8130 460 + $ 330.00

All were in favor.

 

4. Dan motioned and Bruce seconded to approve Abstract 10, vouchers 1294-1351, 1356-1361, for $85,726.60. Motion carried unanimously.

 

5. On motion from Dan and second by Ellen the Decorative Arts Trust Symposium request to use Town Hall, April 23^rd, 24^th and 25^th from 9 am to 12 noon for lectures and educational symposium was unanimously approved.

 

6. Dan motioned and Dod seconded to approve September 28^th and September 29^th and October 5^th Town Board meeting minutes. Motion carried 5-0.

 

7. Ellen motioned and Dod seconded to authorize Highway Superintendent to advertise for MEO position at highway department to replace Gerry Russell who is retiring December 4^th. Kathy stated she has received a letter from Gerry. Bruce is concerned if we hire someone new and Gerry decides not to retire, as he has done previously. Civil Service does not advertise until there is an actual opening. Kathy is trying to avoid snow session emergencies by having someone on board 3 weeks prior to Gerry's retirement. Learning the snow routes is important. Dod suggested a temporary full time for 2 months. All were in favor of advertising but the hiring situation will be addressed later.

 

8. Dan motioned and Dod seconded to hire Erin Doyle as Head Basketball Coach at $100 per session, Ass't Head Coach Cory Van Wagner at $9.00/ hour and Assistant Coach Louis Berger at $7.35 per hour, and returning Ass't Coaches Karen Kirker and Evan Connolly at $7.50/ hour. Motion carried unanimously.

 

9. Dan motioned with Dod seconding to appoint, Bill Carroll and David Albahary terms to expire 12/31/11 and Alexander Sabo and Brant Neuneker terms to expire 12/31/12 to the Ethics Board . Dan abstained from voting since he was not here for the interview. Motion carried 4-0.

 

10 On motion from Dan and second from Ellen the Aging Committee was authorized to purchase $300 of games. It will come out of the Aging Committee budget. All were in favor.

 

 

Discussion

 

Comps Plan workshop - Dod understood the target date is November 30^th for approval. Sally Mazzarella reported that the full packet will be to the Town Board by November 9^th for review. She suggested a 5:00 work session that night. Dan doesn't want to push back any dates from the submitted timeline. This Plan needs to be approved.

 

Sinterklaas Celebration parking in Rhinecliff on November 28^th - Dod reported that the Rhinecliff Advisory Committee is concerned about parking problems in the Hamlet. They are wondering what the plans are. They suggested inviting someone to the next meeting. Sally will contact Jeanne Fleming. A trolley or bus from the highway garage down into the hamlet might be a good idea. Bruce said at the Quadcentennial run 2 buses from A & E were used to deliver the runners to the starting in Kingston and it worked out great.

 

Open Space Affordable Housing Resolutions

Dod read following:

 

WHEREAS, the Town of Rhinebeck created an Open Space and Affordable Housing Committee in 2006 to develop an Open Space and Affordable Housing plan as part of the Town Comprehensive Plans, and

 

WHEREAS, the Open Space and Affordable Space Housing plan has been incorporated into the Town Comprehensive Plan as Appendix 5 entitled "Open Space and Affordable Housing Implementation Plan," thus completing the task for which said Committee was formed

 

The Town of Rhinebeck Town Board does hereby thank for their fine work and efforts the Open Space and Affordable Housing Committee co-chairs Bob Will and Steve Rosenberg, and Committee members Barbara Henzey, Al Dekrey, Bill Cotting, Pat McLaughlin, Leonard Nevarex, Sally Mazzarella, Joanne Engle, Chris Lipscomb and Donald Hines for their contributions to the Committee and the Open Space/Affordable Housing Plan.;

 

And does hereby disband the Town of Rhinebeck Open Space and Affordable Housing Committee.

 

The Supervisor pointed out that Sally, Chris and Pat have all re-applied for the new committee. Are the other members interested? Ms. Richardson wants to make sure that the new committee goals don't overlap the old committee. She is concerned about forming another committee, she would prefer the current committee stay in place until the Comp Plan is adopted. Dod said that when Zoning is done the planners want policy detail on the implementation. The original task has been completed. Sally said the plan will need to be refined with the implementation phase and ongoing management. Action is needed on affordable housing and a new committee is needed as soon as possible. The original committee's job is done. Dod doesn't understand why this is an issue. Tom suggested getting resignation letter from the above members and Dod said he will solicit those members.

 

Bruce feels that the affordable housing is an important piece at this juncture and we need to form that committee now. Sally doesn't want the Board to forget the Open Space issues of this committee. Dod suggested putting Affordable Housing first to deal with financing open space, land trust partners and other complex issues. Bruce asked if true progress can be made with both issues. He feels it is wise to start with the affordable housing issues now and then deal with the open space issues. Dod said the former co-chair Bob Wills suggested 2 separate committees but Sally feels the interaction on one committee is necessary. Maybe a sub committee can be made to focus on the open space piece. Bruce is hung up on forming one committee, it is too much work. Sally reminded the Board to keep Ann Saylor, at Dutchess County Planning, in the loop and bring her on board. Ms. Richardson stated that more time is needed to work on correct language for this resolution.

 

Executive Session

At 9:15 on motion from Dan and second by Ellen the Town Board went into executive session pursuant to Public Officers Law Section 105 (1) (f) to discuss potential litigation matter on an Zoning Enforcement matter. All were in favor. At 9:55 the Board returned to the regular meeting session.

A RESOLUTION AUTHORIZING COMMENCEMENT OF ACTION ON BEHALF OF THE TOWN OF RHINEBECK

WHEREAS, the Zoning Enforcement Officer of the Town of Rhinebeck has identified a violation of the Town Building Code and Town of Rhinebeck Zoning Code (collectively, the "Town Code") on property known as Tax Lot 6168-00-450477 (the "Property"); and

 

WHEREAS, it appears that the Property is owned by Good Counsel Properties, LLC; and

 

WHEREAS, on July 29, 2009 the Town of Rhinebeck caused to be served on Good Counsel Properties, LLC, a Notice of Violation - Order to Remedy in connection with the Property; and

 

WHEREAS, as of this dated the Owner has failed to comply with the Notice of Violation - Order to Remedy; and

 

WHEREAS, it is necessary and desirous for the Town of Rhinebeck to enforce its laws; and

 

WHEREAS, Town Law §65 authorizes the Town Board to commence legal proceedings for the benefit of the Town;

 

 

NOW THEREFORE BE IT RESOLVED, that the Town Zoning Enforcement Officer and Gellert & Klein, P.C. are hereby authorized and directed to take such action on behalf of the Town as it may be deemed advisable to prevent any continued violation of the Town Code of the Town of Rhinebeck, including but not limited to an action in Dutchess County Supreme Court and/or Town of Rhinebeck Justice Court.

Moved By Dan Staley Seconded By Dod Crane

 

Roll Call Vote:

Councilman Crane aye

Councilwoman Silverstein aye

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

 

Adjournment

At 10:02 on motion from Dan and second by Dod this meeting was unanimously adjourned.

 

Respectfully submitted,

 

 

Barbara Cunningham

Town Clerk