Town Board Meeting Minutes 11-23-09

November 23, 2009 Town of Rhinebeck Town Board Meeting Minutes

 

At 6:07 Supervisor Tom Traudt led everyone in the Pledge of Allegiance and called this Special Meeting to Order. On motion from Dod and second from Bruce the Town Board members Ellen Silverstein, Bruce Washburn Dan Staley and Dod Crane went into Executive Session pursuant to Public Officers Law Section 105(1) (f) to discuss pending litigation with Comp Plan consultants Warren Replansky, Michael Zarin, Graham Trelstad and Ted Fink. There were 59 residents attending this meeting.

 

At 6:50 the Town Board and Planning Consultants returned to the regular session on motion from Ellen and second from Dan. Mr. Replansky explained that there will be a public hearing on November 30th at 6:30 for the Zoning Law, Freshwater Wetlands Law, Sub-division regulations and the Comprehensive Plan. The RA10 proposal may be controversial. The Town Board needs to inform the consultants of their opinions then we can work up some alternatives to this RA 10 provision. New language could be brought to the hearing. Please direct all written comments to the consultants via email. Let's hear from the public. Our current law is set up so Planning Board applicants without full approval would be subject to new zoning law. We will be given a list provided by Planning Board chairman of accepted applications and conditionally approved applications which will be exempt from new zoning law.

 

Warren stated the sub-division process will be commenced shortly. A resolution has been prepared for later in this meeting. The Planning Board has reviewed the document and some changes were made. We hope to adopt the sub division regulations after the Zoning Law has been passed.

 

Kathy Kinsella read a resolution commending Gerry Russell on his retirement:

 

Whereas, the Town of Rhinebeck Highway Superintendent has requested that the Town Board pass this resolution; and

Whereas, the Town wishes to acknowledge the contributions of Gerald Russell, Highway Department MEO on the occasion of his retirement; and

Whereas, Gerry has been employed by the Town for over twenty years; and

Whereas, Gerry has been an exemplary employee and an asset to the Highway Department; and

Whereas, Gerry showed great leadership among his peers; and

Whereas, Gerry was a dependable, reliable and highly motivated team member; and

Whereas, Gerry will be sorely missed by his colleagues at all levels of town government; therefore be it

 

Resolved, that the Town of Rhinebeck expresses its deepest gratitude and admiration for Gerald Russell and be it further

 

Resolved, that the Town wishes Gerry all the best in his retirement.

 

The Russell family was in attendance and the audience all stood and applauded Gerry for all his years of service.

 

ANNOUNCEMENTS

 

Conservation Advisory Committee, Recreation Committee, and Community Center Visioning Committee are all looking for new members - contact Town Clerk's office at 876-3409

 

November 28th from 9-1 -last brush/leaf drop off at landfill for 2009

 

November 28th Sinterklaas arrives in Rhinecliff at 4:30

 

November 29th Tree lighting in Rhinebeck Savings Bank parking lot at 5:30

 

December 1st from 6-9 pm - First Annual Sinterklaas Artisan Faire at Town Hall

 

December 5th - Sinterklaas Star Light Parade

 

BUSINESS

 

RESOLUTION COMMENCING SUBDIVISION REGULATION

ADOPTION PROCESS; COMMENCING THE SEQRA PROCESS;

AND FIXING AND SCHEDULING A PUBLIC HEARING

 

WHEREAS, the Town of Rhinebeck is in the process of adopting a new Zoning Law, and expects to complete the local law adoption process before the end of 2009; and

 

WHEREAS, the new Zoning Law contains provisions for conservation subdivisions; and

 

WHEREAS, the Town's current Subdivision Regulations are outdated and require revision so as to comply with, among other things, the conservation subdivision process set forth in the Town's Zoning Law; and

 

WHEREAS, at the direction of the Town Board, the Town's planning consultant, Greenplan Inc., has prepared revised Subdivision Regulations; and

 

WHEREAS, the revised Subdivision Regulations have been reviewed by the Planning Board which had recommended certain changes and amendments to the same; and

 

WHEREAS, the draft Subdivision Regulations have been revised by Greenplan Inc. in accordance with the Planning Board recommendations, and the revised Subdivision Regulations have now been submitted to the Town Board with the endorsement of the Planning Board; and

 

WHEREAS, Greenplan Inc. has prepared a Full Environmental Assessment Form (EAF) for the proposed action and, has in addition, prepared a proposed Part 2 and 3 of the EAF for the Town Board's consideration; and

 

WHEREAS, the Full Environmental Assessment Form, and proposed Parts 2 and 3 have been submitted to the Town Board for its review and approval; and

 

WHEREAS, the Town Board is the only involved agency in this action for SEQRA purposes.

 

NOW, THEREFORE, be it resolved as follows:

 

1. That the Town Board hereby adopts Part 1 of the Full EAF as prepared by its planning consultant, Greenplan Inc., and authorizes the Town Supervisor to sign the same.

 

2. The Town Board hereby declares itself Lead Agency for purposes of the SEQRA review of this proposed action.

 

3. The Town Board hereby declares the proposed action to be a Type 1 action under SEQRA.

 

4. The Town Board shall hold a public hearing on the adoption of the Subdivision regulations on December 21, 2009 at 6:30 p.m. at the Rhinebeck Town Hall, located at 80 East Market Street, Rhinebeck, New York.

 

5. On that same date, time and location, the Town Board shall also conduct a special meeting for purposes of dealing with any business that comes before the Board in relation to the proposed action and adoption of the same. The meeting shall commence after the close of the public hearing.

 

6. That copies of the proposed Subdivision Regulations and Part 1 of the Full EAF shall be forwarded to the Dutchess County Department of Planning in accordance with the requirements of Section 239-l and m of the General Municipal Law. A copy of the proposed action shall also be sent to the Conservation Advisory Council and to all adjoining municipalities.

 

7. The Town Clerk is hereby directed to publish notice of the public hearing in the manner provided by law.

 

8. The Town Clerk is hereby also directed to provide notice of the special meeting, in writing, to the Town's official newspaper; to post a copy of the notice of the special meeting on the Town's official board; and to provide a copy of the notice to each Town Board member.

 

The above Resolution was declared adopted by the Town Board of the Town of Rhinebeck. The Resolution was offered by Councilperson Dan Staley, and was seconded by Councilperson Ellen Silverstein. The Town Board members voted as follows:

 

Supervisor Traudt aye

 

Councilman Arthur Dod Crane aye

 

Councilwoman Ellen Silverstein aye

 

Councilman Dan Staley aye

 

Councilman Bruce Washburn aye

 

This Motion was carried by a 5-0 vote of the Town Board members on November 23, 2009.

 

Certified this 23rd day of November 2009 by BARBARA CUNNINGHAM, Town Clerk

 

1. The Supervisor explained at the November 16th workshop an alternative was added to the Hog's Bridge project. On motion from Dan and second from Ellen an additional $50,000 expenditure for Hog's Bridge Arch cap was re-affirmed. All were in favor.

 

2. Mr. Evangelista stated the Vanderburgh Cove Collection System contract, bids were opened November 19th with a range from $57,569 to $224,146.00 He recommends awarding the Phase I, replacement of 12 manholes to B & K Excavating for $57,569.00 contingent on $2,000 for testing. On motioned from Dod and second from Ellen, this recommendation was unanimously approved. Alex Livesay questioned whether the easements letters have been mailed and Pam replied there are 5 letters to homeowners which have been mailed already.

 

3. Dod motioned and Ellen seconded to approve Thompson Mazzarella Park RFP and authorize Town Clerk to send out Site Plan and updated RFP to professionals. Motion carried unanimously. Sally Mazzarella pointed out that the Thompson Mazzarella Park Committee will probably try to start some sub-committees such as skateboarding and trails.

 

4. On motion from Dan Staley and second by Ellen Silverstein Supervisor Traudt was authorized to sign the Dutchess County Town Clerk Association $400 scholarship application for 2010 Town Clerk Conference in Saratoga Springs. The Town Clerk explained the Town will pay for any additional costs.

All were in favor.

 

5. Dan motioned with Ellen seconding to honor Planning Board's request for counsel's interpretation of the ZBA decision to grant a variance to application. Dan explained that the ZBA granted a variance but the Planning Board has some questions and the Planning Board consultant feels the variance is questionable. The applicant has done what has been requested of him but the Planning Board feels Counsel should review and Dan feels it is our responsibility to rectify the situation. Motion carried unanimously.

 

6. Dan motioned and Ellen seconded to appoint Fred Nagel, Mario Sausto, Robert Boyle, Dan Staley and Bruce Washburn to Vanderburgh Cove Sewer District Committee. All were in favor.

 

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

GENERAL FUND

SUPERVISOR

Personal Services 00 01 1220 100 - $300.00

Postage 00 01 1220 448 - $600.00

Equipment 00 01 1220 200 + $300.00

Supplies 00 01 1220 410 + $600.00

Supervisor requested and to cover APC Battery backups and paper shredder.

 

TAX COLLECTION

Postage 00 01 1330 448 - $ 50.00

Supplies 00 01 1330 410 + $ 50.00

Tax Collector requested this to cover increase in software contract and new paid stamp.

 

ASSESSORS

Contingency 00 01 1990 400 - $2,400.00

Attorney 00 01 1355 452 + $2,400.00

 

ATTORNEY

Contingency 00 01 1990 400 - $ 4,079.17

Worker's Comp 00 08 9040 800 - $ 4,020.83

Medical Insurance 00 08 9060 800 - $ 3,900.00

Attorney to Town 00 01 1420 452 + $12,000.00

 

ENGINEER

Contingency 00 01 1990 400 - $500.00

Engineer 00 01 1440 400 + $500.00

 

TOWN HALL

Fuel Oil 00 01 1620 411 - $ 200.00

Supplies 00 01 1620 410 + $ 200.00

 

MAINTENANCE

Equipment 00 01 1630 200 - $300.00

Equipment Repairs 00 01 1630 427 + $300.00

 

CENTRAL STOREROOM

Pre-Posted envelopes 00 01 1650 448 - $250.00

Supplies 00 01 1650 410 + $250.00

Clerk requested transfer to cover expenses.

 

PLAYGROUNDS

Personal Services - Lifeguards 00 06 7180 101 - $1,504.00

Personal Services - Seasonal Maint. 00 06 7140 104 + $1,504.00

 

POOL

Personal Services - Lifeguards 00 06 7180 101 - $4,402.20

Personal Services - Maint. 00 06 7180 104 + $1,927.20

Equipment 00 06 7180 200 + $2,000.00

Supplies 00 06 7180 410 + $ 252.89

Telephones 00 06 7180 430 + $ 222.11

 

YOUTH PROGRAMS

Personal Services - Lifeguards 00 06 7180 101 - $7,416.72

Personal Services - Camp Counselors 00 06 7310 103 + $6,881.49

Summer Camp Supplies 00 06 7310 441 + $ 535.23

 

CELEBRATIONS

NYS Retirement 00 08 9010 800 - $4,258.71

Worker's Comp 00 08 9040 800 - $3,741.29

2009 Sinterklaas Celebration 00 06 7550 403 + $5,000.00

2009 Chamber of Commerce Lighting 00 06 7550 404 + $3,000.00

SHADE TREES

Estimated Revenues 00 510 + $2,443.83

NYS Grant 00 3089

 

Appropriations 00 960 + $2,443.83

NYS Greening of Rhinebeck Grant 00 07 8560 401

To record Greening of Rhinebeck Grant that we participated in with Village of Rhinebeck. Village is lead agency.

 

PART-TOWN FUND

 

ZONING

Printing 01 07 8020 402 - $ 350.00

Supplies 01 02 3620 447 + $ 350.00

Due to increase cost of renewal subscription for codes & laws.

 

COMP PLAN

Appropriated Fund Balance 01 599 + $60,000.00

 

Appropriations 01 960

Comp Plan Expenses 01 07 8020 490 + $60,000.00

Supervisor's request to cover additional expenses by using fund balance.

Motion carried 5-0.

 

8. Dan moved and Dod seconded to approve Abstract 11B, voucher 1489-1543 for $94,852.01, checks 5492 - 5534. All were in favor.

 

9. Dan motioned and Ellen seconded to approve Protective Power Systems & Controls, Inc generator maintenance agreement for $350.00. Unanimously approved.

 

10. Hog's Bridge Performance Bond Resolution

 

A RESOLUTION AUTHORIZING THE ISSUANCE OF $450,000 SERIAL BONDS OF THE TOWN OF RHINEBECK, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF RECONSTRUCTION AND CONSTRUCTION OF IMPROVEMENTS TO HOGS BRIDGE IN AND FOR THE TOWN OF RHINEBECK.

 

WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and

WHEREAS, it is now desired to authorize the financing thereof, NOW THEREFORE,

BE IT RESOLVED, by the Town Board if the Town of Rhinebeck, Dutchess County, New York, as follows:

Section 1. The reconstruction and construction of Hogs Bridge, in and for the Town of Rhinebeck, New York, including acquisition of rights in land, as well as other incidental improvements, expenses and costs in connection therewith, is hereby authorized at maximum estimated cost of $450,000.00.

Section 2. The plan for the financing of the aforesaid aggregate maximum estimated cost is by the issuance of $450,000.00 bonds of said Town, hereby authorized to be issued therefore pursuant to the provisions of the Local Finance Law to pay the cost thereof.

Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object and purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years.

Section 4. The faith and credit of said Town of Rhinebeck, Dutchess County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes is hereby delegated to the Supervisor of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be described by said Supervisor, consistent with the provisions of the Local Finance Law.

Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Rhinebeck, Dutchess County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted thereon and may be attested by the manual or facsimile signature of the Town Clerk.

Section 7. The powers and duties of advertising such bond for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such a manner as the Supervisor shall deem best for the interests of said Town.

Section 8. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law.

Section 9. The validity of such bonds and bond anticipation notes may be contested only if:

1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3) Such obligations are authorized in violation of the provisions of the Constitution.

Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section 11. Upon this resolution taking effect, the same shall be published in full in the Poughkeepsie Journal, which is hereby designated as the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Councilperson Crane aye

Councilperson Silverstein aye

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

Counsel pointed out that the first payment will not be until 2011.

The resolution was thereupon declared duly adopted.

11. Dan moved and Ellen motioned to approve November 4, November 9th and November 18th Town Board meeting minutes. Passed 5-0.

 

12. Re-affirm public hearing on November 30th at 6:30 on Freshwater Wetland

Law, Zoning Law and Comprehensive Plan.

 

13. WHEREAS, Dutchess County processes and distributes tax bills on behalf of the Town of Rhinebeck; and

 

WHEREAS, the tax bills have the "payor" listed as "Barbara Cunningham, Tax Collector"; and

 

WHEREAS, the Town is desirous of changing the "payor" from "Barbara Cunningham, Tax Collector" to "Town of Rhinebeck, Tax Collector"; now, therefore be it

 

RESOLVED, that the Town Board of the Town of Rhinebeck hereby authorizes the appropriate official and/or Department of Dutchess County responsible for tax bills to change the "payor" from "Barbara Cunningham, Tax Collector" to Town of Rhinebeck Tax Collector"; and be it further

 

RESOLVED, that the Town Clerk is hereby authorized to forward a copy of this resolution to the appropriate person in Dutchess County.

Dan motioned Ellen Silverstein seconded. All were in favor.

 

14 Ellen motioned and Dod seconded to appoint Jeff Romano to CAC term to expire 12/31/2010. All were in favor.

 

15. On motion from Dan and second by Dod the bookkeeper is authorized to re levy following 2009 Vanderburgh Cove sewer delinquent accounts to 2010 Town property tax bill

Owner Parcel # Amount

Krawitt 135089-6168-00-185394-0000 $2,870.21

Fokine 135089-6168-00-330331-0000 $2,870.21

Young 135089-6168-00-345382-0000 $2,408.21

Rudolph 133200-6168-03-251233-0000 $2,870.21

All were in favor.

 

16.

WHEREAS, The Town of Rhinebeck Conservation Advisory Council (CAC) would like to purchase Arc View 9.3 software, and

 

WHEREAS, They have received 2 estimates, one for $1,500.00 from IntraSearch, Inc. and one for $1,224.00 from ESRI, and

 

WHEREAS, the CAC has the funds in their budget, and

 

NOW, THEREFORE BE IT RESOLVED, that the Town Board of The Town of Rhinebeck authorize the purchase of Arc View 9.3 software to be paid from Equipment 00 07 8090 200,

 

Offered by Ellen Silverstein Seconded by Dod Crane

 

Ellen explained this is a mapping tool which is used by many county and town offices. Mike Trimble feels it could be shared by the Planning Board

 

Roll Call Vote: Councilman Crane aye

Councilwoman Silverstein aye

Councilman Staley aye
Councilman Washburn aye
Supervisor Traudt aye

 

17. Sinterklaas parking resolution

Ida Brier is concerned about pedestrian safety in Rhinecliff. Some of the roads need to have no parking signs, especially Shatzell and Orchard. It was pointed out that the busing concept was too expensive from the highway garage down into Rhinecliff. Dod will ask the RAC to draft a generic resolution for future events. The Supervisor stated the State Troopers will have a presence that day and they are no added expense to the Town.

 

WHEREAS, the Town of Rhinebeck Sinterklaas celebration will be held on Saturday, November 28, 2009; and

 

WHEREAS, pursuant to New York State Vehicle and Traffic Law 1660, the Town is authorized to adopt rules and regulations governing parking on Town roads; and

 

WHEREAS, the Town Board of the Town of Rhinebeck desires to enact temporary rules and regulations governing vehicular parking on a certain Town road during the Sinterklaas celebration; and

 

NOW, THEREFORE BE IT RESOLVED THAT, the Town of Rhinebeck does hereby enact the following parking regulation

 

No parking on either side of Shatzell Avenue in Rhinecliff;

 

And BE IT FURTHER RESOLVED THAT, said regulation shall be in effect on November 28m 2009 from 12 noon until 7:00 pm.

 

BE IT FURTHER RESOLVED that the Sinterklaas organizers are hereby authorized to post temporary "no parking" signs along Shatzell Avenue to facilitate enforcement of this resolution."

 

Motion by Dod Crane Seconded by Ellen Silverstein.

 

Councilman Dod Crane aye

Councilwoman Ellen Silverstein aye

Councilman Dan Staley aye

Councilman Bruce Washburn aye

Supervisor Tom Traudt aye

 

Motion carried 5-0

 

DISCUSSION

 

Pam Richardson reported that the final revision to enter into a municipal agreement with the City of Kingston has been received by Kingston. Bruce pointed out the Town is only facilitating this ferry service we are not running it.

 

Credit Card packet from M & T - Ms. Richardson will contact Tom Murphy at M & T. The Board is not happy with having employee names on the purchasing cards. She will report back.

 

Technology Committee Recommendations from Dave Klipon: 1. Acquisition of software and/or network device that pass through a central administrator for the purposes of approval and recording. 2. Inventory existing devices. Appointing an IT supervisor or consulting firm hired to perform internal audit.3. After thoroughly researching options for full mail archiving solutions, the most feasible solution is to subscribe to an online mail hosting service specializing in full mail control.

 

John Lyons thanked the Board for all their effort and work on the Comp Plan. The Morton Road Association is trying to put together a written statement for Monday's public hearing. The current RA10 proposal is out of character and we would like the Town Board to go back to the original proposal.

 

Cynthia Philip feels there have been substantive changes and it is difficult for the public to understand the voluminous booklets that are out there. She feels it is hard to get your hands on all the referenced materials.

 

Gary Hack from the Woods said the current document is changing what the Town has been talking about over the past several years. Please drop this RA 10 proposal and listen to the Morton Road group.

 

ADJOURNMENT

 

At 8:50 on motion from Dan and second from Ellen this meeting was unanimously adjourned.

 

Respectfully submitted,

 

 

Barbara Cunningham

Town Clerk