Town Board Meeting Minutes 11-28-2011
Posted on: 12/13/2011
Date of Minutes:
11/28/2011
NOVEMBER 28, 2011 TOWN OF RHINEBECK TOWN BOARD MINUTES
The meeting was called to order at 6:50 with the Supervisor leading us in the Pledge of Allegiance.
PRESENT: Supervisor Tom Traudt Highway Superintendent Kathy Kinsella
Councilwoman Gina Fox 7 residents
Councilman Joe Gelb
Councilman Bruce Washburn
ABSENT: Dan Staley
ANNOUNCEMENTS
December 3rd - Zumbatomic / Basketball starts Saturday at Bulkeley Middle
School
December 4th - Sinterklaas activities all around the Village with Parade stepping
off at 6:00
PRESENTATION
Tom Mannix - Rhinecliff drainage bid summary
Mr. Mannix explained that 3 bids were received from Erdman Anthony, Crawford & Associates and Chazen Engineering for the Rhinecliff drainage project. The Town needs to develop a comprehensive design for drainage improvement for the hamlet of Rhinecliff. This will be a costly project and will take years to complete. The proposals range from very vague to very detailed. Gina asked if other firms had inquired about the proposal but didn't bid the project and Kathy Kinsella replied some firms thought more information should have been in the RFP. She fielded questions from 7 firms that did not bid the project. Tom Mannix feels that Erdman Anthony is best qualified with its 300 employees.
Joe disagrees and feels the Board needs to interview all three firms. Joe is also concerned how we are going to pay for this, is this a Special District or does it come from all Town taxpayers. He would hope that there might be grant monies available for this project.
The Supervisor feels this is a good start by addressing the storm water run off. The issue is Rhinebeck's infrastructure and setting up a Special District is not the answer. We actually have a video of the run off. The money will have to be found.
Kathy said the infrastructure is old and there are lots of new renovations and the soil and topography are tough in the hamlet. Some of the existing problems are on private property. She feels that 2 of the responses are worthy and it might be good to have a workshop session, Chazen and Erdman should meet with the Board. Joe pointed out that Crawford is doing this type of work in Catskill and should be included in the workshop session. Bruce pointed out that with the TMP Master Plan we had a consultant who did the actual study, which is what we are talking about here, and they were not selected to complete the actual work.
Tom Mannix said we can come up with different phases for different engineering companies; just do a planning phase now. Once a plan is in place then there may be grants and/or CHIPS money available. Gina asked if FEMA could be approached and Kathy replied this would not qualify for FEMA funds. Rhinecliff actually fared very well during the hurricane and tropical storm. Joe asked if we need to form a district and Tom Mannix feels that singling out Rhinecliff as a special district is not fair; highway crews fix the Town wide infrastructure. Joe wants more public input since he hasn't heard too much complaining from Rhinecliff residents. Tom Traudt stated that he has met with hamlet residents and they are concerned but they have confidence in the Town Board to make the right decision. It is up to the Town to fix these problems.
Kathy Kinsella said there are 2 types of users; public and residences, the Town Board needs clarity before going forward. Is this global (private/public) drainage vs. private issue? She also wants to know who the lead person is and the supervisor would like to see her and Tom Mannix work together. The Supervisor asked Tom Mannix to have all 3 firms come to our January workshop session on the 23rd.
Bruce informed the Board that we do have a Storm Water Management Plan and a Waste Water Management Plan. We need to address the build-out of Rhinecliff as outlined in the Comprehensive Plan. We should work with existing information and then decide how to proceed. We have a problem and we need to study those issues.
Vanderburgh Cove Sewer District
Bruce reported that Victor Cornelius is trying to calculate costs from 1996 to the present for EFC funding reimbursement. We are in the process of sending the B&K Excavating Contract for the collection system up to Albany. One of the hang ups is the sand filters being rebuilt; DEC will not pay for something twice.
ACTION ITEMS
- On motion from Bruce and second by Joe abstract 11b, vouchers 1210-1257 for $25,539.72 was unanimously approved.
- Gina motioned and Bruce seconded to approve Capital Projects Abstract
Cap Proj #62
Weston & Sampson
78 06 7110 213 services thru 9/11 $6,415.00
78 06 7110 213 services thru 10/11 1,955.00
$8,370.00
Cap Proj #80
J D vonderlieth & Sons
96 07 8130 80 yds Item #4 $1,180.00
TOTAL $9,550.00
All were in favor.
- Bruce motioned and Gina seconded to authorize Real Property Tax Office to re-levy following Vanderburgh Cove Sewer District Accounts onto 2012 County/Town tax bills.
Krawitt 135089-6168-00-185394-0000 $2,075.83
Fokine 135089-6168-00-330331-0000 $2,075.83
Rudolph 133200-6168-03-251233-0000 $2,075.83
Motion passed 4-0.
- Bruce moved with Gina seconding to authorize the Maintenance Department to distribute an RFP to replace interior electrical parts, breakers and doors of two disconnect panels at Town Hall. All were in favor.
- The November 9th and November 14th Town Board meeting minutes were unanimously approved on motion by Bruce and second by Gina.
- Bruce motioned and Tom seconded to appoint Michael Haggerty to Cemetery Committee, term to expire 12/31/2012. Motion carried 4-0.
- On motion by Bruce and second by Gina, Peter Dykeman was unanimously appointed to the Solid Waste Task Force, term to expire 12/31/2012.
8. GENERAL FUND
Bruce motioned and Gina seconded to authorize the bookkeeper to make the following budget transfers, amendments, and any necessary bookkeeping entries.
ASSESSOR
Computer consultant 00 01 1355 401 - $ 100.00
Supplies 00 01 1355 410 + $ 100.00
Appraiser 00 01 1355 451 - $ 1,495.00
Attorney 00 01 1355 452 + $ 1,495.00
TOWN CLERK
Supplies 00 01 1410 410 - $ 41.50
Computer Consultant 00 01 1410 401 + $ 41.50
TOWN HALL
Contingency 00 01 1990 400 - $ 425.71
Fuel Oil 00 01 1620 411 + $ 425.71
SPECIAL ITEMS
Contingency 00 01 1990 400 - $ 132.52
Unallocated Insurance 00 01 1910 400 + $ 132.52
YOUTH PROGRAMS
Gymnastics 00 06 7310 437 - $ 129.79
Basketball Program 00 06 7310 444 + $ 129.79
Requested by Recreation Director
CEMETERY
Propane 00 07 8810 413 - $ 87.35
Electricity 00 07 8810 431 + $ 87.35
PART-TOWN FUND
BUILDING INSPECTOR II
P.S. Bldg Inspector 01 02 3620 100 - $ 2,168.72
P.S. Typist 01 02 3620 101 + $ 2,168.72
To cover additional expenses.
TRANSFER STATION
Misc. 01 07 8160 460 - $ 100.00
Supplies 01 07 8160 410 + $ 100.00
Requested by Nancy to cover additional expenses.
HIGHWAY PART-TOWN FUND
GENERAL REPAIRS
Calcium 03 04 5110 417 - $ 650.00
Motor Fluids 03 04 5110 414 + $ 650.00
Motion carried 4-0.
9. Authorization to proceed with Susan Williams's boundary line adjustment and SEQR sort form completion
.
WHEREAS, upon application of Susan Williams, the Town Board of the Town of Rhinebeck is considering an action which will involve conveyance of two strips of land totaling 838 square feet along the border of property identified as Tax Id No.: 135089-6269-00-936229 owned by Susan Williams (the "Williams' Parcel") and Tax Id No.: 135089-6269-00-921179 owned by the Town of Rhinebeck (the "Town Parcel"), by bargain and sale deed from Williams to the Town; and
WHEREAS, the proposed action will also involve conveyance of a strip of land totaling 810 square feet along the border of the Williams' Parcel and the Town Parcel, by quitclaim deed from the Town to Williams; and
WHEREAS, the Town Board reviewed the survey and other materials prepared by the applicant, including the Short Environmental Assessment Form and has completed part II thereof; 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.
Motion by Gina Fox Seconded by Joe Gelb
Councilman Gelb aye
Councilwoman Fox aye
Councilman Staley absent
Councilman Washburn aye
Supervisor Traudt aye
RESOLUTION OF MUTUAL CONVENANCE - WILLIAM'S PARCEL
Motion by Gina Fox Seconded by Joe Gelb
WHEREAS, Susan Williams owns two parcels of land located on Frost Road in the Town of Rhinebeck and identified as Tax Lot Nos.: 135089-6269-00-936229 and 135089-6269-00-946255 (the "Williams' Parcels"); and
WHEREAS, the Town of Rhinebeck owns a parcel of land adjacent to the Williams' Parcel (bearing Tax ID No.: 135089-6269-00-936229), which Town Parcel is identified as Tax Lot No.: 135089-6269-00-921179 (the "Town's Parcel"); and
WHEREAS, the Town's Parcel was conveyed to the Town as part of the 1974 Subdivision of Lands of Frost Road Farms, Filed Map. No. 4484, and was to be dedicated to the Town for park purposes; and
WHEREAS, land dedicated for park purposes is generally held in a public trust and may only be conveyed upon authorization of the State Legislature; and
WHEREAS, the Town has confirmed that although the Town Parcel was intended for park purposes, it has never been so developed and remains to date, an unimproved open area; and
WHEREAS, the Town has not received any State or Federal grant funding in connection with the development of the Town Parcel; and
WHEREAS, Ms. Williams has submitted an application to the Town of Rhinebeck Planning Board for Subdivision /Lot Line Alteration approval in connection with the Williams' Parcels; and
WHEREAS, as part of the application for Subdivision/Lot Line Alteration approval, Welch Surveying, Ms. Williams' surveyor, prepared a survey of the Williams' Parcels (the "Welch Survey") and has identified discrepancies in the deeds conveying the Town Parcel and the Williams' Parcels, at the boundary line between the adjacent Town and Williams' Parcels; and
WHEREAS, the discrepancies identified by Welch Surveying resulted in a gore on one side of the boundary line, with no clear owner (the "Gore Area"), and an overlap of ownership in two sections by both the Town and Williams, on the other side of the boundary line (the "Overlap Area"); and
WHEREAS, according to the Welch Survey, the Gore Area is 810 square feet and the Overlap Area is 838 square feet, in total; and
WHEREAS, according to the Welch Survey, the Gore Area and Overlap Area are both approximately 0.019 acre; and
WHEREAS, the Town of Rhinebeck Planning Board has indicated that it cannot proceed with the Subdivision/Lot Line Alteration application while the discrepancies exist; and
WHEREAS, to remedy these discrepancies in the deeds to the respective Town and Williams' Parcels, Welch Surveying has proposed that Ms. Williams convey to the Town by bargain and sale deed, all her right, title and interest in the Overlap Area and that the Town convey to Ms. Williams, by quitclaim deed, any right, title and interest it may have in the Gore Area, to the extent same may exist; and
WHEREAS, Welch Surveying has assured the Town that each of the resulting parcels will be comprised of virtually the same acreage as each of the original parcels and there will be no net loss of park land by the Town as a result of the mutual conveyances proposed; and
WHEREAS, Welch Surveying has assured the Town that, following Williams' conveyance of the Overlap Area to the Town, the Town Parcel will be increased by twenty-eight (28) square feet; and
WHEREAS, Welch Surveying has agreed to certify its survey to the Town to assure the accuracy thereof; and
NOW THEREFORE BE IT, RESOLVED, that the Town Board hereby determines that the Town Parcel was intended, but has never been used, for park purposes and be it further
RESOLVED, that, the Town has not received any State or Federal grant monies in connection with the Town Parcel; and be it further
RESOLVED, that, based upon the assurances already provided and upon receipt of satisfactory certification by Welch Surveying of the accuracy of the Welch Survey, the Town Board determines that there will not be any net loss of park land by the Town as a result of the proposed action and, in fact, the proposed conveyances will result in an increase of twenty-eight (28) square feet on the Town Parcel; and be it further
RESOLVED, that for all of the above stated reasons, the Town Board hereby determines that the Public Trust Doctrine does not apply to the proposed action and an act of the Legislature is not required; and be it further
RESOLVED, that the Town Board does hereby authorize the preparation of a title report and insurance policy for the Overlap Area intended for conveyance to the Town; and be it further
RESOLVED, that upon the above stated reasons, the Town does hereby authorize the mutual conveyances described herein, following receipt and review to the satisfaction of the Attorney to the Town, of the Welch Certification and title report; and be it further
RESOLVED, that the Town Board does authorize the Attorney for the Town to prepare the appropriate deeds and transfer documentation necessary to effect the transfer and clarification of ownership, as appropriate, of the Williams' Parcels and the Town Parcel, following receipt and review to the satisfaction of the Attorney to the Town, of the Welch Certification and title report; and be it further
RESOLVED, that the Town Board has previously determined that this action is an Unlisted action under the New York State Environmental Quality Review Act which will not result in any negative environmental impact; and be it further
RESOLVED, that this Resolution shall be subject to a permissive referendum, as required by section 64(2) of the Town Law.
Councilman Gelb aye
Councilwoman Fox aye
Councilman Staley absent
Councilman Washburn aye
Supervisor Traudt aye
10. Bruce motioned and Joe seconded to appoint Michael Trimble as acting Zoning Administrator. Tom explained that applications cannot come before the ZBA or Planning Board and building permits cannot be issued without ZEO sign off. All were in favor.
DISCUSSION
Interviews for Zoning Administration position for Wednesday night, December 7th starting at 7:00. The Town Clerk will inform the Board later in the week the specific time and applicant.
ADJOURNMENT
At 8:10 on motion from Bruce and second by Gina this meeting was unanimously adjourned.
Respectfully submitted,
Barbara Cunningham
Town Clerk