Town Board Meeting Minutes

TOWN BOARD REGULAR MEETING MINUTES
DATE: February 9, 2004
PRESENT: Supervisor Dennis J. McGuire 3 reporters
Councilman Paul Niedercorn 11 citizens
Councilwoman Linda Souers
Councilman Herman Tietjen
Councilman Kenneth Tompkins
Counsel Scott Volkman
Highway Superintendent Eugene Trombini
Bookkeeper Shelly Day
I. CALL TO ORDER
The Supervisor opened this meeting at 7:30 PM.
II. APPROVAL OF MINUTES
Ken motioned and Herman seconded to approve the January 12th regular
meeting minutes as submitted. All were in favor.
It was motioned by Herman and seconded by Paul for the approval of the
January 26, Special Meeting minutes. Motion carried unanimously.
Paul made the motion for approval of the February 3 Special Meeting
minutes which was seconded by Ken. Unanimously approved.
III. COMMUNICATIONS
1. March 1st is deadline for filing STAR tax exemption for 2004.
2. Town Clerk’s Office closed Monday, February 16th for President’s
Day.
3. MJW Associates is traveling around the Town and Village taking
pictures of every house for the re-valuation process. They drive a
gray van.
4. Democratic Primary will be held at Town Hall for ALL districts on
March 2 from 12 noon to 9 PM.
5. Bid opening Friday 2/6 results for Vandenburgh Cove Sewer Camera
Survey: Allstate Power-Vac $24,874.75, LASH $74,950.00 and
National Water Main $ 23,852.00
IV. CORRESPONDENCE
1. Town Tax Bills have an additional line this year separating the cost of
New York State’s mandated Medicaid expense.
V. STANDING COMMITTEES
Dennis reported that a new police contract is still being worked on for this year.
The Village Board needs to approve the rates we requested. CSX and AMTRAK
have both been written about the parking problems at the train station’s north
parking lot. After a car fire there, it is even more apparent a solution is necessary
since the fire truck had trouble getting into the lot with all the illegally parked cars.
AMTRAK has been put on public notice about the dangerous situation and told
that they will be held responsible for any loss. Hopefully next week we will have
an actual meeting with all concerned parties. Linda asked if Carmela from
Greenway should be contacted about the CSX problem. She mentioned at the
Greenway meeting that she might be able to help. Gene’s highway crew was
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thanked for all their hard work with the last snowstorms. Peter Sipperly was also
thanked for helping around Town Hall. He also thanked Scott for all his work on
the Russell property court case.
Paul gave an LWRP presentation to the Comprehensive Plan Committee. The
biometric timeclock has been delivered and will be tested soon. It will connect to
bookkeeping via a modem. The bookkeeper will be learning her new system this
coming week. Town Board, Zoning Board and Planning Board minutes have
been added to the Town’s website. GIS computer grant applications for Town
and Village were delivered to OCIS.
Herman met with the Zoning Officer with one of the concerns that came out of
the Comprehensive Plan meeting. They feel stricter enforcement of violations
within the Town are necessary. The Planning Board needs to advise the ZEO
and develop a better line of communication. The ZEO status with the County has
been resolved. The last Comprehensive Plan meeting was very fruitful; the
Planning and Zoning Board Chairmen had some great suggestions from their
respective boards. The Greenway Workshop was great. The Planning Board
Chairman was asked to issue a report on Greenway Connections. The Dock
Grant is still being worked on. I delivered a DOT grant for $30,000 to Kingston
last week. Hopefully with the Greenway coming we can complete the boat ramp.
Linda Souers attended the new Town official school held in Albany. It was
informative. MJW has taken 1,200 photos so they should be 75% complete by
the end of February. In April, the informational fliers should be mailed out to
homeowners. AARP is providing free tax assistance to seniors at the Dutch
Reformed Church Library on Thursdays from 9 am- 1 PM from now through April
15th. The CAC has been reviewing the Rhinebeck Tennis Club submission
before the Planning Board. The Northern Dutchess Alliance honored Sally
Mazzarella for her commitment to the community. PANDA is working with the
various community leaders for a draft resolution. Frank Bauer has resigned as
President. Anthony Gasparini discovered blockage in the North field at
Vandenburgh Cove and Bob Fitzpatrick was able to clean this out; it was mostly
tree roots. It is now flowing fine. Linda asked the Supervisor about the
Rhineson Committee and Dennis explained he has received about a dozen
names of citizens who are interested and hopefully at the March or April meeting
we can make some appointments.
Ken Tompkins stated the Recycling Center is running smoothly but some
residents are using illegal bags. Our law states that only residents can use the
Center; this policy may have to be reviewed since some taxpayers would like to
use it but don’t live in their Rhinebeck homes. The Cemetery is looking into a
new computer. Recreation Committee is very busy for summer applications.
The tennis program will be re-instated this year. Steve Dukes is requesting more
field maintenance at the Stone Church ballfield. He was told the league needs to
clean up the sight and also submit their insurance policy to the Town Clerk.
Some drawings for two temporary little league fields were given to the Rec.
Committee at the Rhineson property. Willie’s basketball program is a tribute to
Willie. The enthusiasm is wonderful. He spends some of his money and lots of
extra hours with the kids.
Scott is working on the 5-municipality agreement for PANDA. Also working with
the Building and Zoning Departments and the Code violations. The Planning
Board needs to keep the ZEO better informed. Still trying to resolve the Russell
property situation on Route 308; court date is later in the month. Regarding the
Gardens; the developer has offered to trade federal securities. The Town Board
has declared the developer in default of their line of credit, which was due
January 17, 2004. So far we have been unable to come to agreement with M &
T Bank- should be finalized by this Friday. Will substitute a new Letter of Credit.
The Rhinebeck Equine Article 78 is pending before the Court. A compromise
might be a revised Site Plan from the Planning Board. An Article 78 has also
been served by Northern Dutchess Rod & Gun Club against the Zoning Board of
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Appeals for their interpretation overturning the ZEO’s decision. The issue of
ballfield advertising has been re-visited; can private, not for profit render
advertising on ball fences? Under our circumstances it is not advisable. There is
a general prohibition against advertising in Town Parks. There are instances
(e.g. Dutchess County Stadium, Pepsi Arena) where this is allowed but our
situation is different and in a park advertising is prohibited. Herman questioned
the Gardens improvements but Scott feels they have made public improvements
and they did not ask for a lower line of credit. The Planning Board is reluctant to
go into Phase II until all Phase I is in compliance.
Joel Tyner informed the residents that the County Legislature voted for 10% wind
and solar energy this coming year. The Public Works Department will also invest
in this energy efficiency in County buildings. On February 20th a public forum on
the State Budget will be held at Town Hall.
VI. SUSPEND THE RULES TO HEAR FROM THE PUBLIC
Paul motioned and Herman seconded to suspend the rules to hear from the
public. All were in favor.
Linda Souers asked about the Ryan Road culvert and was told that hopefully
Gene will take care of it this spring. Susan Koff explained that this request
began back in 1996. This process needs addressing; the lapse in time has been
extremely long. Is a formal bidding process necessary? Susan also suggested
That the Comprehensive Plan look at billboard advertising in the Town.
Joe Ely asked how Rhinebeck gets its fair share of ferry money. He read that
Tivoli was awarded $100,000 by Dutchess County. What is being done to
enforce the spirit of this agreement? Supervisor McGuire tried explaining that
this money was not given to Tivoli for the ferry service but to develop parking,
crosswalks etc. PANDA agreement wording and treatment for sharing grant
funding monies is extremely important. We also need to encourage other
municipalities to get 2 representatives for PANDA; it is very difficult to schedule
meetings.
VI. RESUME THE RULES
Paul motioned and Linda seconded to resume the rules. Motion carried
unanimously.
VIII. BUSINESS BEFORE THE BOARD
1. Paul motioned and Ken seconded to approve Clove Equipment Price
list for 2004 as follows. Linda asked if other companies also provide
these services and Gene said this is the only reliable firm. All were in
favor.
TRUCKS
6 wheel dump-5 yd capacity $60/hour
10 wheel dump 24 tons capacity $75/hour
Tracto 35 tons capacity or 30 tons capacity $85/hour
Tractor trailer-flowboy 40 ton cap $95/hour
Tracto Trac. & Trl 3 hour min $85/hour
Tracto 50 ton trailer 3 hour min $93/hour
BULLDOZERS
TD7 $68/hour
TD15 without ripper $115/hour
TD25 without ripper $145/hour
TD 25 with ripper $185/hour
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GRADERS
Caterpillar 120 $90/hour
Caterpillar 670 $90/hour
ROLLERS
Walk behind $55/hour
1 ton $58/hour
Bomag $65/hour
Hyster 3-5ton $65/hour
Dynapac Double drum vibratory $80/hour
Raygo vibratory $85/hour
DD90 Ingersol Rand $90/hour
PAVERS
Layto tag paver $90/hour
Sidewalk paver $105/hour
PF-2181 Paver $145/hour
PF-200 paver $165/hour
LOADERS
550 International 5 yard $130/hour
530 International 3 yard $105/hour
Case Skidsteer $90/hour
BACKHOES
Ford 555A/655A $75/hour
John Deere 790 $125/hour
Caterpillar 322 $125/hour
John Deere 710 W/rock hammer $125/hour
COMPRESSOR WITH Jack Hammer $85/hour
Ferguson Sweeper $65/hour
Roadwidner $120/hour
Labor $40/hour
Chainsaw with operator $45/hour
Plate Wacker with operator $50/hour
Blacktop saw with operator $50/hour
Saw’s blade $25/hour
3 inch trash pump $60/hour
6 inch pump $70/hour
Curber $75/hour
Skidsteer loader with planer $135/hour
Pipe or paving van $255/day
Leaf blower with operator $50/hour
Escort $60/hour
· all hourly rates include operators
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· an additional $15/hour will be charged for work requested to be done on a
weekend or holiday
· an additional $15/hour will be charged for work over 8 hours
2. TRANSFERS FOR YEAR ENDING DECEMBER 31, 2003
Motioned by Paul and seconded by Linda to authorize the bookkeeper to make
the following budget transfers, amendments, and any necessary bookkeeping
entries. All were in favor.
VII. GENERAL FUND
SUPERVISOR
Dues/Mileage/School 00 01 1220 447 - $ 300.00
Supplies 00 01 1220 410 + $ 300.00
HIGHWAY GARAGE
Equipment 00 04 5132 440 - $ 200.00
Heating Oil 00 04 5132 411 + $ 100.00
Telephone 00 04 5132 430 + $ 100.00
PARKS
Contingency 00 01 1990 400 - $ 25.71
Contractual 00 06 7110 400 + $ 25.71
POOL
Electricity 00 06 7180 431 - $ 46.00
Water 00 06 7180 432 + $ 46.00
VIII. PART-TOWN FUND
POLICE
Sheriff’s Contract 01 02 3120 454 - $ 2,352.00
Village Contract 01 02 3120 420 + $ 2,352.00
PLANNING
Attorney 01 07 8020 452 - $ 742.69
Personal Services 01 07 8020 100 + $ 78.56
Planners East 01 07 8020 408 + $ 650.00
Supplies 01 07 8020 410 + $ 14.13
TRANSFER STATION
Equip/Facility Repairs 01 07 8160 440 - $ 85.82
Electric 01 07 8160 431 + $ 85.82
HIGHWAY GENERAL FUND
BRIDGES
Contractual 02 04 5120 400 - $ 23.75
2003 Zipfeldburg Bridge 02 04 5120 201 + $ 23.75
HIGHWAY PART-TOWN FUND
GENERAL REPAIRS
Rental of Equipment 03 04 5110 425 - $ 4,000.00
Culverts, Rails, Basins 03 04 5110 426 + $ 4,000.00
MACHINERY
Equipment Repairs 03 04 5130 427 - $ 600.00
Tools & Implements 03 04 5130 423 + $ 600.00
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SNOW REMOVAL
Gasoline 03 04 5142 450 - $ 1,800.00
Diesel 03 04 5142 412 + $ 1,800.00
SERVICES OTHER GOV’TS
Estimated Revenues 03 510 + $ 3,017.08
Village Fuel Use 03 2771 + 2,924.04
Rhinecliff Fuel Use 03 2772 + 93.04
Appropriations 03 960 + $ 3,017.08
Village Fuel Use 03 04 5148 401 + 2,924.04
Rhinecliff Fuel Use 03 04 5148 402 + 93.04
3. State Environmental Quality Review Act Resolution.
STATE ENVIORNMENTAL QUALITY REVIEW ACT *SEQRA) RESOLUTION
BY BOARD MEMBER: Herman Tietjen
WHEREAS, the Town o Board of the Town of Rhinebeck is considering an
amendment to Chapter 101 of the Code of the town of Rhinebeck entitled
Subdivision of Land, and Chapter A 136 of the Code of the Town of Rhinebeck
entitled Zoning and considering the adoption pursuant to Section 44-0119 of the
Environmental Conservation Law of the State of New York, a statement of land
use policies, principles and guides entitled “Greenway connections: Greenway
Compact Programs and Guides of Dutchess County Communities” by which
action the Town of Rhinebeck would become a participating community in the
Greenway Compact, and;
WHEREAS, the environmental review does not concern any specific
proposal for a project and is for the purposes of adoption of the Greenway
connections policy statement only and the amendment of the Subdivision and
Zoning regulations and;
WHEREAS, Section 239 L & M of the General Municipal Law requires a
thirty (30) day review by the Dutchess County Planning Department, and;
WHEREAS, Section 264 and Section 265 of the Town Law and Section
98-52 of the Town of Rhinebeck Code requires that public notice be given and a
hearing held on matters involving amendments to the Zoning Code, and;
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. In accordance with Section 617.6(a)(1)(ii) of the Title 6 NYCRR, the
Town Board determines the above described action is subject to
SEQRA.
2. In accordance with Section 617.6(a)(1)(I) of the Title 6 NYCRR, the
Town Board determines that the action does not involve a federal
agency.
3. In accordance with section 617.6(a)(1)(iii) of the Title 6 NYCRR, the
Town Board determines that the above described action involves the
Dutchess County Planning Department.
4. In accordance with Section 617.6(a)(1)(iv) of the Title 6 NYCRR which
states that a Type 1 action covers zoning changes that are initiated by
a municipality without a petition by an applicant.
5. In accordance with Section 617.6(a)(1)(2) of the Title 6 NYCRR, the
Town Board determines that the above described action will require a
long Environmental Assessment Form since the above quoted section
states for Type 1 actions a full EAF must be used to determine the
significance of such actions that are funded, approved, or directly
undertaken by any agency, unless a draft EIS has been prepared on
the action, in accordance with Section 617.6(a)(4) of Title 1 NYCRR.
Since the Town Board is proposing to be the lead agency to undertake
the Environmental Review of an application of a Type 1 actin in which
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other agencies are involved, this action will undergo a coordinated
review in accordance with Section 617.6(b)(2) of Title 6 NYCRR.
6. The Town Board, in accordance with Section 6176(b)(3)(1) of SEQRA
pertaining to Type 1 actions involving more than one potential lead
agency, shall forward a copy of this resolution, along with the attached
EAF, as well as the proposed ordinance to the Dutchess County
Planning Department for Purposes of SEQRA and for the purpose of
Section 239 L7M of the General Municipal Law.
7. The Town Board shall forward a copy of this resolution and of the long
Environmental Form as well as a draft of the proposed local law to the
Town of Rhinebeck Planning Board for an advisory opinion; and
8. Pursuant to Section 264 and 265 of the Town Law and Section A 136
(XII)(c)(1) of the Code and hold a public hearing scheduled for March
8, 2004 at 7:30 pm.
SECONDED BY BOARD MEMBER: Kenneth Tompkins
Paul Niedercorn - nay
Linda Souers - aye
Herman Tietjen – aye
Kenneth Tompkins – aye
Dennis McGuire – aye
Approved on February 9, 2004.
Certified this 10th day of February 2004
Barbara B. Cunningham
Town Clerk
4. Paul motioned and Ken seconded to set Public Hearing for Greenway
Compact for March 8th at 7:00 PM. Scott explained that the Town has
received a presentation by Greenway. In order to start the process a
public hearing needs to be set and SEQRA needs to be initiated.
Most Town’s have joined the concept. To start this process an EAF,
Resolution for Lead Agency and a proposed Local Law have been
drafted. Paul votes no with Linda, Ken, Herman and Dennis voting
yes.
5. Motioned by Paul and seconded by Linda to authorize Supervisor to
sign Long EAF for Greenway Proposal. Paul thinks it is too early
since we don’t have an actual law. Scott feels we have a good draft
subject to any changes. Paul nay. Vote is 4 ayes and 1 nay.
6. It was motioned by Herman and seconded by Linda to hire part time
secretary for Building/Zoning Departments at $9.00 per hour. Hours
to be determined by department. Herman explained that this will
allow the ZEO to work in the field more. Carried unanimously.
7. Paul motioned and Ken seconded to approve Abstract 12B Vou1033-
1130 checks 2295-2358
Genl Fund $22,467.96
Part Town Fund 19,326.83
Hway Genl 8.61
Hway Part Town 41,790.63
Spec Sewer 4,546.59
TOTAL $88,140.62
And approve Abstract 1/26/04 AB #1 Vouchers 1-56, cks 2361-2408
General Fund $18,661.30
Part Town Fund 11,516.27
Hway Part Town 23.75
Hway PT Fund 11,447.31
Trust Agency 300.00
Spec Light 625.81
Capital Fund 43 4,581.81
45 225.00
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46 901.50
TOTAL $48,282.75
Passed unanimously.
8. Herman made the motion for NYS Parks & Rec Resolution, which
Ken seconded.
NYS Office of Parks, Recreation and Historic Preservation
WHEREAS, the Town of Rhinebeck wishes to participate in the 2003 Legislative
Grant program;
WHEREAS, the Town of Rhinebeck has submitted a proposal to complete dock
for crew team and kayaks;
WHEREAS, Project PKS-03-TA-010 has been granted $9,300.00;
NOW, THERFORE BE IT RESOLVED that the Town Supervisor is authorized to
sign any contracts or agreements regarding this project.
Paul Niedercorn, Councilman aye
Linda Souers, Councilwoman aye
Herman Tietjen, Councilman aye
Ken Tompkins, Councilman aye
Dennis J. McGuire, Supervisor aye
Certified this 9th day of February, 2004
9. Paul motioned and Ken seconded to set February 23rd at 7:00 for
Vanderburgh Cove Camera work awarding of bid and Police/Sheriff
Contract. All were in favor.
10. Motioned by Paul and seconded by Ken to set March 2nd for
Greenway Workshop II, contingent on Greenway participants. All
were in favor.
11. Herman motioned and Paul seconded to go into Executive Session
for personnel reasons at 10:00. All were in favor.
IX. ADJOURNMENT
At 10:15 Linda motioned and Ken seconded to go back into the
regular meeting from executive session. All were in favor.
At 10:16, Ken made the motion to adjourn, which was seconded by Herman.
Motion carried unanimously.
Respectfully submitted,
Barbara Cunningham
Town Clerk