Town Board Meeting Minutes 11-09-09

November 9, 2009 Town of Rhinebeck Town Board Meeting Minutes

 

 

In attendance: Supervisor Thomas Traudt

Councilmember's Dod Crane, Dan Staley, Ellen Silverstein, Bruce Washburn, Consultants Warren Replansky, Michael Zarin and Comp Plan Chair Sally Mazzarella

 

 

At 4:45 an Executive Session was called by Supervisor Traudt to interview a potential Planning Board member on motion from Dod and second from Dan. All were in favor.

 

At 5:10 the Comp Plan Workshop session was opened on motion from Ellen and second from Dan. Motion carried unanimously. Warren announced there will be a workshop on November 16 at 4:30. The consultants will need an attorney client session at the end of this workshop to discuss possible litigation pertaining to the letter received from the large land owners. The consultants need any changes from the Town Board as soon as possible. The Town Clerk will have the Comp Plan electronically by next Tuesday. At the November 16th meeting all final issues will be addressed. The Wetlands Law has been revised by Ted. The SEQR findings statements from Graham were received by the consultants on October 11th and will be finalized by November 7th with the Town Board receiving November 12th. Please review these prior to the November 16th meetings.

 

Michael Zarin stated the importance of the SERQ findings; these are your conclusions, your voice, and your document. We tried to capture your overview and the spirit of the process.

 

Sally Mazzarella stated the Sub division regulations are compete. All we need is the comments from the Planning Board. Warren anticipates these regulations will be passed after the Zoning Law. Sally said they need to be passed quickly so the Planning Board can act on them. Warren said there will probably be a gap of 1 to 2 weeks. Dod would like the next Town Board approve but Sally said that would really jeopardize the Planning Board actions.

 

Warren would like to go over Dan's 3 concerns: it was agreed to compromise the multi family housing units at 6. The Gun Club noise issue - they would be considered legal non conforming uses with the noise requirements of existing clubs. The existing clubs would have 60 days to meet new noise standards. Ellen is concerned it may be too expensive to meet these requirements; these clubs do a lot of good will in the community. Warren suggested changing it to 180 days. We cannot expect the noise to be completely gone. We need reasonable practices under the circumstances. Dod is concerned about the time and wants higher standards. He visited Northern Dutchess Rod and Gun Cub and he thinks the long term objective plan is to mitigate new limits over a longer period of time - maybe a 5 year plan. Which would allow more time for financing. Dan is afraid if technology changes down the road there may be no need for a 5 year plan. Mr. Zarin suggested giving the ZEO the discretion to tend the one year deadline and devise a modified time plan if the applicant needs time to finance the change. If reasonable measure happen and the level isn't reduced enough the time may be extended. Dod feels the standards are vague and there could be litigation down the road. He thinks the Gun Clubs would want set standards. Michael Zarin still feels it is wise to leave up to the ZEO. If the Gun Clubs are willing to try and meet the standards, give the ZEO the discretion to extend the time. Warren down not feel the ZEO can be vested with that authority; the ZBA or Planning Board could though. He suggests letting the ZBA extending the time frame. The consultants will work on new wording. The Supervisor likes the one year with the ZBA having the power to extend. Dod then asked if any other board members supported his 5 year plan and no one did.

 

At 6:04 on motion from Dod and second from Dan the Board went into and an executive session for an attorney client session to discuss possible litigation. At 6:45 the Board returned to the regular meeting. All were in favor.

 

Announcements

 

No Overnight Parking 12 midnight-8 am on all Town roads effective 11/1/ through 4/1/10.

 

Each Thursday in Town Hall from 10-1 - Senior Arts & Crafts

 

Commencing November 9th through December 21st Mt. Rutsen and a portion of Old Post Road will be closed due to Hogs Bridge repair

 

November 11th - all Town offices closed in observance of Veteran's Day

 

November 16th at 4:30 - Comp Plan Workshop

 

Consulate General of France will award Edward White "The Chevalier of the Legion Honor", France's highest honor, for his service in WWII, on Thursday, November 12th 12 noon at the American Legion.

 

Presentation

 

Warren Replansky, counsel for Comp Plan, stated a public hearing will be scheduled for November 30th for the Zoning Law, Wetlands Law and Comprehensive Plan so hopefully they can all be adopted on December 14th. The consultants need authority to change the sub division regulations for 50 or more units with the multi housing equation for additional bonuses. .

 

Ron Evangelista, Town Engineer, updated the Board on Vanderburgh Cove. The treatment system bid was opened November 6th. The low bidders on the previous March 2008 bid did not submit bids. Thirty three contractors purchased the specs with 13 returned bids. The apparent low bidder was Arold General Contracting for $811,450 and J&J Sass Electric for $89,100. These bids are $165,000 more than the 2008 bid. We are still on target for the DEC compliance schedule; in fact we should be ahead of schedule. Dod asked who would be overseeing the construction because the homeowners are concerned with Morris & Associates billing. Ron replied that Morris usually oversees the project.

 

Ron explained a Purestream filter was installed at the north field in August. Now the south field has an overflow with a possible fine. The November 2nd letter from the DEC states they would like to see another filter placed at the south field. The rental for another unit would be the same at $1,500 per month for a minimum of 6 months. Bruce asked if Martime was the only agent, he is concerned about our procurement policy. Ron explained this is an emergency situation.

 

Hog's Bridge - there are some environmental issues out there. There has been no determination on the spill but it has been contained. As the contractor starts his work the DEC will sample and monitor. The road was closed as of today; only pedestrian traffic. We are talking with the Village about improving the drainage.

 

Thompson Mazzarella Park RFP has been extended. The committee is meeting to make some changes.

 

Rose Ann Boyle questioned the necessity of the filter at the south field and wondered where we were with the 12 manholes. Ron replied that the collection system (manholes) is out to bid as of November 6th with the bid opening on November 19th. The easements are still being worked on by the lawyers. Mrs. Bernhardt would like a copy of the Board of Health letter which Tom mentioned. Fred Nagel asked if the 12 manholes are being replaced in kind and Ron said yes. Mrs. Boyle was surprised at the increase in the bid costs. Ron again stated that the two low bidders from last year did not return bids and there is a $165,000 increase. Dod asked Ron in looking at the bid results do you have a sense of material costs are up. Ron stated that the Arold bid this year was actually $17,000 less than his March 2008 bid. Mrs. Bernhardt asked if there is any cost overrun protection. Ron explained that if contractor hits rock then the district would have to pay for any additional work. The contractor is not responsible for unknowns. Mrs. Boyle asked for pictures of the actual Bio Clere units. Mike DelMonaco is worried about the decibel level of these units. Ron feels they are pretty quiet but will probably be heard on quiet nights. Ron explained the intent has always been to replace the treatment system first. Mrs. Bernhardt wonders if the manhole replacement might alleviate Phases I and II. At this point the Supervisor said the Town Board has been diligently trying to help the resident; starting Wednesday night a couple member s of the Town Board will start meeting with some homeowners to keep them informed. Susan Sausto asked when the south field became a problem and Tom replied Marie Brule originally brought this up in September 2009. Ms. Richardson stated the Board of Health has prepared a stipulation that if a violation occurs there could be an additional fine of $10,000 from the BOH. If the Town proceeds along the DEC timeline, no fine will be levied. Mr. Del Monaco asked who pays the fine and Counsel stated that is a district expense.

 

Business

 

Dan motioned and Ellen seconded to approve Abstract 11, V1424-1487, for $74,626.22, and Capital Project 59 Transfer/Rec Center Abstract for $6,485.00. All were in favor.
On motion from Dan and second from Dod the October 26th Town Board minutes were unanimously approved.
Dan moved with Ellen seconding to approve Infomatic Tax annual upgrade and maintenance contract for $845. Vote was 5-0.
Dan motioned and Ellen seconded to authorize Supervisor to sign contract with MARTINE & ASSOCIATES for 6 month lease of Purestream system at Vanderburgh Cove south field at $1,500 per month. Motion carried unanimously.
Dan motioned with Bruce seconding to authorize Supervisor to sign letter of Agreement with Palmiter Benefits Group for MVP health insurance. The Supervisor pointed out that employee can elect to stay on the current Empire Plan. All were in favor.
The 2010 Budget was unanimously adopted on motion from Dan and second by Dod.
On motion from Dod and second by Ellen Ferncliff Forest's request to close Mt. Rutsen Road on November 26th from 8-9 am for a 5 K race was approved 4-0. Dan Staley abstained from voting.
Hog's Bridge Negative Declaration:

BY BOARD MEMBER Dan Staley

 

 

WHEREAS, the Town Board of the Town of Rhinebeck is considering an action which will involve repair, rehabilitation and reconstruction of the existing masonry stone structure of Hog's Bridge, together with acquisition of a permanent drainage easement for installation and maintenance of improvements to the storm water collection and conveyance system in order to accommodate storm water overflows from the existing system and prevent further damage to the bridge wing wall; and

WHEREAS, the Town Board reviewed the Short Environmental Assessment Form and construction plans prepared by the engineers to the Town, Morris Engineers, and made a preliminary determination that the project would be an unlisted action under SEQRA; now therefore, be it

RESOLVED, that the Town Board has determined that the project is a Unlisted Action; and, be it further

RESOLVED, that the Town Board officially makes a determination of non-significance in that the proposed action is not expected to result in a significant adverse impact on the environment and therefore the preparation of a Draft Environmental Impact Statement is not necessary; and be it further

RESOLVED, that this determination shall be considered a negative declaration for the purposes of Article 8 of the Environmental Conservation Law for the reasons set forth in the attached negative declaration and the Short Environmental Assessment Form with respect to this project, a copy of which is in said files which shall maintained in the Office of the Town Clerk.; and be it further

RESOLVED, that the Town Supervisor is hereby authorized to sign a Negative Declaration and Determination of Non-significance with respect to the project in substantially the same form as annexed hereto and the Town Clerk is directed to maintain a file for this Determination.

SECONDED BY Ellen Silverstein

ROLL CALL: AYE NAY

Councilman Crane XX

Councilwoman Silverstein XX

Councilman Staley XX

Councilman Washburn XX

Supervisor Traudt XX

State Environmental Quality Review

NEGATIVE DECLARATION

Notice of Determination of Non-Significance

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.

The TOWN BOARD OF THE TOWN OF RHINEBECK has determined that the proposed action described below will not have a significant environmental impact and a Draft Environmental Impact Statement will not be prepared.

Name of Action: Repair, Rehabilitation and Reconstruction of the existing masonry stone structure of Hog's Bridge, together with acquisition of a permanent drainage easement for installation and maintenance of improvements to the storm water collection and conveyance system in order to accommodate storm water overflows from the existing system, and prevent further damage to the bridge wing wall.

SEQR Status: Type 1 G

Unlisted x

Conditioned Negative Declaration: G Yesx No

Description of Action:

The project consists of the repair, rehabilitation and reconstruction of the existing masonry stone structure. Additionally, a permanent drainage easement will be acquired from an adjacent land owner for the installation and maintenance of improvements to the storm water collection and conveyance system. Said improvements are required to accommodate storm water overflows from the existing system, and prevent further damage to the wing wall.

 

 

Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.)

The project is located on Old Post Road over the Rhinebeck Kill, approximately 110 feet north of the Village of Rhinebeck boundary.

 

The following documentation was analyzed in making this negative declaration:

_ Full EAF

Supplemental Part III Information

X Other: Review of construction plans for the repair, rehabilitation and reconstruction of the existing masonry stone structure. Surface and ground water quality and quantity will be protected through the use of bmp's during construction. Traffic will be protected through the use of a well signed detour route around the project site. The proposed work will be conducted in such a way as to maintain the historical appearance of the existing structure. A base data search carried out by NYS DEC dated August 26, 2009 returned no known occurrences of rare or state listed animals or plants, significant natural communities, or other significant habitats on or near the project site.

X Short EAF

Reasons Supporting This Determination:

(See 617.7(a)-(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration)

1. The Town of Rhinebeck Town Board has given due consideration to the subject action as defined in 6 NYCRR 617.2b and 617.3g.

2. After reviewing the Short Form Environmental Assessment Form for the project, the Town Board has concluded that the Environmental effects for the proposed project will not exceed any of the criteria for determining significant 6NYCRR 617.7c.

3. The proposed action is intended to repair, reconstruct and rehabilitate the existing masonry structure over an existing culvert located on Old Post Road and will not result in substantial changes to the existing structure. No changes to the existing culvert are proposed. No adverse impacts are expected to result from the proposed action.

4. Acquisition of a permanent drainage easement is required in order to preserve the existing wing wall by diverting storm water away the wing wall to reduce or eliminate further deterioration due to poorly directed drainage.

 

SUMMARY: A review of the Criteria for Determining Significance in 6NYCRR 617.7 indicates that development of the project as proposed would not result in any significant adverse environmental impacts.
If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 days from date of publication) in the ENB

For Further Information: Hon. Thomas Traudt

 

Supervisor Town of Rhinebeck

80 East Market Street

Rhinebeck, New York 12572

Date Supervisor

A copy of this Notice is filed with:

Town of Rhinebeck, Town Board, Town Hall 80 East Market Street, Rhinebeck, New York 12572

 

Ms. Richardson wants direction from the Board as to their wishes for the timeline on the Hog's Bridge bonding. This was discussed and the consensus is to go with a 5 year bond so that a permissive referendum is not needed. The actual payments would start in 2011.

 

Dan motioned and Dod seconded to authorize Supervisor to sign agreement with Department of Health regarding Vanderburgh Cove.
TOWN OF RHINEBECK TOWN BOARD

 

TOWN BOARD RESOLUTION

 

BY BOARD MEMBER: _________________________________

 

 

WHEREAS, the Dutchess County Department of Health ("DOH") has alleged that the Town of Rhinebeck on behalf of the Vanderburgh Cove Sewer District (the "Town") has violated the New York State Sanitary Code, the Dutchess County Sanitary Code, the Public Health Law of the State of New York and the Environmental Conservation Law of the State of New York, in connection with the existing sewage collection and treatment facilities serving Vanderburgh Cove; and

WHEREAS, DOH alleges that the Town violated the New York State Sanitary Code, the Dutchess County Sanitary Code, the Public Health Law of the State of New York and the Environmental Conservation Law of the State of New York, in that (1) the sewage collection systems have been reported to be subject to excessive infiltration of ground and surface water; and (2) the sewage treatment systems have been observed on multiple occasions to be in a state of failure as defined by the observations of improperly treated sewage on the surface of the ground and exposed to the atmosphere; and

WHEREAS, if the DOH were to issue a unilateral Notice of Violation and Order to Remedy, the Town would be subject to substantial fines and penalties; and

WHEREAS, at a meeting between representatives of the DOH and the Town, DOH and the Town mutually agreed to enter into an Agreement and Stipulation which would form an Order of the Commissioner of Health of the County of Dutchess; and

WHEREAS, representatives of the DOH and the Town have negotiated a settlement of the alleged violations in the form of a Stipulated Agreement; and

WHEREAS, as a result of the Stipulated Agreement being executed, DOH will not take any further action against the Town on this matter; and

WHEREAS, the DOH has imposed an administrative penalty in full satisfaction of any and all violations of the alleged violations documented prior to the signing of the Stipulated Agreement; and

WHEREAS, the administrative penalty will be held in abeyance and will only become due and payable by the Town after DOH notifies the Town of a documented surface discharge which the Town fails to address within a reasonable period of time;

Now, therefore, be it

RESOLVED, that the Town Supervisor be and hereby is authorized to executed the Stipulated Agreement with the Dutchess County Department of Health in substantially the same form as annexed hereto.

 

Dated: November 9, 2009

SECONDED BY: ____________________________________________

 

ROLL CALL:

AYE NAY

Councilman Crane

Councilwoman Silverstein

Councilman Staley

Councilman Washburn

Supervisor Traudt

 

DUTCHESS COUNTY

DEPARTMENT OF HEALTH

---------------------------------------------------------------------------- X

In the Matter of the Alleged Violations of the New York State

Sanitary Code, the Dutchess County Sanitary Code, the Public

Health Law of the State of New York and the Environmental STIPULATED

Conservation Law of the State of New York, AGREEMENT

 

By:

 

Town of Rhinebeck,

On behalf of Vanderburgh Cove Sewer District

 

Respondent.

----------------------------------------------------------------------------- X

In the Matter of two sewage collection and treatment facilities serving Vanderburgh Cove Sewer District, Towns of Rhinebeck and Hyde Park

------------------------------------------------------------------------------ X

WHEREAS there exist two sewage collection and treatment facilities serving a residential area known as Vanderburgh Cove.

WHEREAS the Town of Rhinebeck, on behalf of the Vanderburgh Sewer District, hereinafter known as the Respondent, has accepted responsibility for the operation, maintenance and repair of said sewage collection and treatment systems.

WHEREAS the sewage collection systems have been reported to be subject to excessive infiltration of ground and surface water.

WHEREAS the sewage treatment systems have been observed on multiple occasions to be in a state of failure as defined by the observations of improperly treated sewage on the surface of the ground and exposed to the atmosphere.

WHEREAS the presence of sewage on the surface of the ground and exposed to the atmosphere is a violation of the New York State Sanitary Code, the Dutchess County Sanitary Code, the Public Health Law of the State of New York and the Environmental Conservation Law of the State of New York as well as constituting a serious public health hazard and a nuisance.

WHEREAS attempts by the Respondent to properly maintain the existing sewage treatment and collection systems to avoid violations of codes and laws, hazards and nuisance have had limited success.

WHEREAS a meeting was held at the offices of the Dutchess County Department of Health on July 14th 2009 attended by representatives of the Department of Health and the Town of Rhinebeck. It was mutually agreed upon that the Dutchess County Department of Health, Commissioner of Health of the County of Dutchess, and the Respondent enter into an Agreement and Stipulation which would form an Order of the Commissioner of Health of the County of Dutchess.

THEREFORE, in consideration of mutual agreements and stipulations negotiated at the meeting of July 14th 2009, it is agreed by and between the Dutchess County Department of Health, Commissioner of Health of the County of Dutchess, and the Respondent, as follows:

I. THAT Respondent does not contest the assertion made by the Department of Health of the existence (past and/or current) of violations in the subject sewage collection and treatment systems.

II. THAT Respondent will, at all times, endeavor to keep improperly treated sewage off the surface of the ground and not exposed to the atmosphere.

III. THAT Respondent will contract with a licensed hauler of septage to keep septic tanks and/or pump chambers pumped-out on an as-needed basis to prevent the failure of improperly treated sewage onto the surface of the ground.

IV. THAT Respondent will furnish a copy of the contract with the licensed hauler to the Dutchess County Department of Health no later than November 30th 2009.

V. THAT Respondent will affect necessary repairs to, or replacement of, the sewage collection system to reduce the infiltration of surface and ground water to allowable limits, in accordance with "Ten States Standards".

VI. That Respondent will effect necessary repairs to, or replacement of, the sewage treatment system to prevent the discharge of improperly treated sewage onto the surface of the ground or exposed to the atmosphere.

VII. THAT Respondent will conduct all repairs to the collection and treatment systems under the supervision of a New York State licensed Professional Engineer and pursuant to the required approvals of the Dutchess County Department of Health and the New York State Department of Environmental Conservation.

VIII. THAT the Department of Health agrees to expeditiously process any proper requests for approval of repairs or replacement of the collection and treatment systems. Delay of approvals shall not be an excuse for Respondent to fail to keep improperly treated sewage off the surface of the ground or exposed to the atmosphere.

IX. THAT Respondent acknowledges that an administrative penalty of $10,000 (Ten Thousand Dollars) is imposed by the Dutchess County Department of Health on the Respondent in full satisfaction of any and all violations of the above referenced codes and laws documented prior to the signing of this document by the Respondent.

X. THAT said penalty will be held in abeyance and only become due and payable by the Respondent upon notification to the Respondent by the Department of Health via certified mail that improperly treated sewage has been observed and documented by a representative of the Dutchess County Department of Health on the surface of the ground and/or exposed to the atmosphere. If the Respondent does not eliminate the failure within a reasonable period of time, the full amount of the penalty would then be due and payable to the Dutchess County Department of Health within 30 days of proof of mailing of notification to Respondent.

XI. THAT this agreement will expire in two years from the date of signature by the Respondent or upon acceptance of the Certificates of Construction Compliance for the replaced/renovated sewage treatment systems, whichever occurs first.

XII. THAT in addition to the agreed upon penalty, under and pursuant to the New York State Public Health Law, Respondent may be subject to a civil penalty for future violations for failure to comply with the New York State Public Health Law, the New York State Sanitary Code, and any Order or regulations of the Dutchess County Department of Health including the Sanitary Code provisions; and that, in addition to and independent thereof, such other administrative or criminal proceedings that may be deemed advisable, necessary and proper under the circumstances.

 

________________________ _____________________

Michael C. Caldwell, MD, MPH Tom Traudt, Supervisor

Commissioner of Health Town of Rhinebeck

Dutchess Co. Department of Health On Behalf of Vanderburgh Cove

Sewer District

 

 

10. Dan motioned and Dod seconded to hire Sally Lyon to teach Senior Art Class 3 or 4 hours per week at $12.00 per hour. All were in favor.

On motion from Dan and second by Ellen John Lyon fee was increased for ZBA services from $3,500 to $3,800. Motion carried
Ellen motioned and Bruce seconded to give the Sinterklaas Celebration $5,000. All were in favor.

Discussion

 

Dod suggested an Executive Session to discuss potential members for the Open Space/Affordable Housing. No consensus.

 

Credit Card Policy - Pam Richardson reported the Town has 6-7 store specific credit cards with 3-5 authorized users. She suggested closing all accounts and then re-open just one general card. Pat McLaughlin said the County has a credit card policy with very strict guidelines and it works wonderfully. She suggested our attorney get a copy of this policy. Ms. Richardson said the Board needs to decide and then consider staff structure and Town needs. Currently they are looking at a more centralized single card policy. Dod would like to hear from the employees whose names are on the credit card and hear their concerns. We need an impact statement. The Town Clerk will contact M & T Bank and ask if it is possible to have a credit card just in the Town name.

 

Cemetery tree update from Dan Staley - this was a picture perfect collaboration effort between the Town and the Village. Thanks to Meg Crawford, Bruce Washburn, several Daytop residents, Garry and myself all the trees are planted.

 

At 8:25 on motion from Dan and second from Bruce the Board went into Executive Session to discuss pending litigation issues. All were in favor.

 

Adjournment

 

At 8:45 the Executive Session ended and on motion from Dan and second from Dod this meeting was unanimously adjourned.

 

 

Respectfully submitted,

 

Barbara Cunningham