Town of Kinderhook

Town Board Meeting

May 10, 2010

The Town Board meetings were held at the Town Hall, 4 Church Street, Niverville, New York.

AUDIT MEETING: 6:30PM

The Audit meeting was held at 6:30PM. The purpose for the meeting is to audit the claims from April 2010.

Present: Supervisor Patrick Grattan

Councilwoman Patrice Leader

Councilman Glenn Smith

Councilman Peter Bujanow

Councilman Michael Kipp

Town Clerk Kim Pinkowski

PUBLIC HEARING(S): none

TOWN BOARD MEETING:

All present pledge allegiance to the flag.

1. Supervisor Grattan called the regular meeting to order at 7:00PM.

Present: Supervisor Patrick Grattan

Councilwoman Patrice Leader

Councilman Michael Kipp

Councilman Glenn Smith

Councilman Peter Bujanow

Town Clerk Kim Pinkowski

Others Present:

13 (thirteen) other interested People

2. A motion was made by Councilman Bujanow and seconded by Councilman Kipp to accept the amended agenda. All in favor. Motion carried unanimously.

3. A motion was made by Councilman Bujanow and seconded by Councilman Kipp to approve the minutes submitted of March 8, April 5,12,19, 26 and May 3, 2010 as amended. All in favor. Motion carried unanimously.

4. No Transfers

5. Councilman Kipp made a motion to authorize to pay all audited vendors claims. Motion seconded by Councilwoman Leader.

Adopted: Supervisor Grattan-Yes

Councilwoman Leader-Yes

Councilman Kipp- Yes

Councilman Bujanow- Yes

Councilman Smith-Yes

6. A motion was made by Councilman Bujanow and seconded by Councilman Smith to accept and direct all correspondence. All in favor. Motion carried unanimously.

7. No Committee or Departmental Reports

8. Public Presentations:

Ronald E. Piester, Director New York State Department of State Division of Code Enforcement and Administration gave a slide presentation on Outdoor Wood Boilers. He gave an overview of a presentation he had made last year on the behalf of the Columbia- Greene New York State Building Officials Chapter. He gave an overview of State Regulations under the State Building Codes and sections that were pertinent to Outdoor Wood Boilers on how local regulations might interact with the state regulations. He submitted copies of the document (Technical Bulletin) he had referenced. (see attached)

He said explained the process the Town, when adopting a local law must do to and to determine whether it meets the criteria under Article 18 for approval by the State Code Council. He said it is important to distinguish between a local law that is adopted under the authority in Article 18 of the Executive Law and a local law that would be under a community’s ability to regulate zoning regulations. He said that is a different statutory authority. He said if you do adopt a provision under your zoning authority that would not be subject to review by the State Code Council. He said it is also important to look at the provisions that you are actually adopting and make sure the authority for adopting those particular provisions exist within the authority that you have in your zoning law. There was more discussion on the issue and he answered questions that the Town Board had.

9. Public Comments:

Mike Urbaitis- said he owns a wood boiler in the Village of Kinderhook. He read a statement to the Town Board regarding the New York publication Smoke Gets in Your Lungs and the flaws in the article. He said that no system is perfect but that the use of wood is natural. He said that the boilers should not be outlawed.

Mike Rexhouse- said he was a neighbor of Mikes and he said he became interested in his boiler and that Mike and his family take pride in the fact that they no longer burn oil. He said he helps Mike and he has seen its true potential. He explained the benefits of burning wood. He explained the process of the wood boiler and its operation. He said he is extremely disappointed in the political officials at the local and state and federal levels for not taking this opportunity for their continued efforts to endorse a dying fossil fuel industry and persistently encourage unintelligent and excessive consumers.

Dick Morrill- said he is very familiar with Mike’s arrangement in the backyard and has never experienced any obnoxious odor, he said compared with what comes out of his own chimney which is far more obnoxious. He spoke of the Gulf of Mexico being destroyed. He spoke of the melting of the glaciers and other disasters. He said that we need to spend time on alternative energy.

Ed Simonsen- spoke of the presentation held at Columbia-Greene on water resources and training. He said there were 4 members of the Planning Board and one member of the ZBA were present. He said it was an excellent presentation. He asked the Town Board to look into the recommendations on energy and energy conservation to save money.

Bob Cramer- spoke of the Comprehensive Plan Committee and said that the RFP was sent out and five were received back. He spoke of an error that was made and asked if the Town Board could make a resolution to send it out and consider authorizing what the committee has done to date. He said we have worked so well and done good progress that to start from scratch again would not be productive.

10. Old Business -none

11. New Business

A.  Motion to pay outstanding bill to A. Colarusso & Sons, Inc. Totals $27, 295.00; to be paid in three (3) installments of $9,098.50 commencing on 5/23/10 and on same day of each succeeding month until paid.

A motion was made by Councilwoman Leader and seconded by Councilman Kipp to pay outstanding bill to A. Colarusso & Sons, Inc. Totals $27, 295.00; to be paid in three (3) installments of $9,098.50 commencing on 5/23/10 and on same day of each succeeding month until paid. All in favor. Motion carried unanimously.

B. Resolution to Authorize the Acceptance of Credit Card for the Summer Program

A motion was made by Councilman Kipp and seconded by Councilman Smith to accept the resolution to accept credit card payments for registration fees fro the Recreation Program. All in favor. Motion carried unanimously. (see attached Resolution #1-2010)

C. Announce Memorial Day Parade.

Town Bookkeeper Dorothy “Dee” Spain explained the date, kick off time and the route for the parade held in the Village of Valatie. She explained the Memorial Service and said Guy Gamello will be the Grand Marshall and Supervisor Grattan will lay the wreath.

D. Fill alternate BAR membership seats

Supervisor Grattan announced that there are vacancies on the Board of Assessment Review for anyone interested.

E. Accept Resignation of Curt Barford as Playground Director

A motion was made by Councilwoman Leader and seconded by Councilman Smith to accept the resignation of Curt Barford as Playground Director. All in favor. Motion carried unanimously.

F. Announcement re brush and leaf pick-up: ongoing to end on June 4, 2010 after that date, Highway Department to pick up on a “first come first serve basis” as permitted by work schedule, no pickups for land clearing and grubbing projects.

Supervisor Grattan made the above announcement.

G. RFP Policy/Bid Policy

A motion was made by Supervisor Grattan and seconded by Councilman Kipp that all Request for Proposals and Notice of Bids will be issued pursuant to a resolution of the Town Board and will come through the Town Board. All in favor. Motion carried unanimously.

There was lengthy discussion on the RFP for a consultant regarding the Comprehensive Plan for a grant that was received for $7,500.00. It was decided to have the request for proposal redone and have the Town Board review it and then go forward.

H. Purchase Mower for Highway Department

A motion was made by Councilman Bujanow and seconded by Councilwoman Leader to advertise for the flail mower in accordance to the document prepared by Supervisor Grattan returnable on May 24th at 12:00PM. The bids will be open at 7:00PM May24th, 2010. All in favor. Motion carried unanimously.

I. Seek Bids for Transportation for Summer Program

A motion was made by Councilman Bujanow and seconded by Councilwoman Leader to advertise for the Summer Program Transportation with bids returnable to the Town Clerk on June 14th at 12:00 with bids opened up at 7:00PM at the Town Board meeting. All in favor. Motion carried unanimously.

J. Outdoor Wood Boiler

Councilman Bujanow spoke on the Outdoor Wood Boiler proposed law. He said the Code Committee meeting met and that they suggested extended the moratorium.

A motion was made by Councilman Bujanow and seconded by Councilman Kipp to extend the moratorium for Outdoor Wood Boilers for three additional months while the Code Committee continues to finish the business on the writing. All in favor. Motion carried unanimously.

There was discussion on the Code and “meshing” 1203 and Chapter 35.

K. Ron Knott’s Review- HVAC –Highway

Councilman Kipp said he had met with Ron Knott at the Highway Garage for several hours and he had reduced the boiler temperature from 180 degrees down to 140 degrees. He said every 10 degrees that is reduced is going to save 3-5% reduction in energy. He said he reduced the loop, design and water temperature down. He said the changes should help saving energy consumption. He said he looked into the heating and air-conditioning systems and will come back with some recommendations. He spoke of some of the other ideas he had for saving money and will do research and will send his recommendations in a report.

12. Public Comments-

Ed Simonsen- apologized for the difficulties of their lack of understandings and the intricacies of the RFP’s , and said it would have saved time and energy if they had known this up front.

13. Board Comments- none

14. Media Questions- none

15. Executive Session:

A motion was made by Councilwoman Leader and seconded by Councilman Kipp to go into executive session to discuss personnel matter. All in favor. Motion passed unanimously.

Executive Session began at 8:55PM

Present:

Supervisor Grattan

Councilwoman Leader

Councilman Smith

Councilman Kipp

Councilman Bujanow

Town Attorney Andrew Howard, Esq.

Town Clerk Pinkowski

A motion was made by Councilman Smith and seconded by Councilman Kipp to come out of executive session. All in favor. Motion passed unanimously.

16. Adjournment

Councilman Bujanow made a motion to adjourn the meeting. Councilwoman Leader seconded the motion. All in favor. So carried.

Time 9:10PM

Respectfully Submitted

Kimberly A. Pinkowski, RMC

Town Clerk

(5/21/10)