Town Board Meeting Minutes

MARCH 26, 2007 TOWN BOARD MEETING MINUTES
The meeting was called to order at 6:45PM by Supervisor Block.
Town Clerk took roll with Council members Dod Crane, Paul Niedercorn, Ellen
Silverstein and Linda Souers all present. Counsel Warren Replansky also
present.
Announcements:
Spring egg hunt for children of all ages will be held on Saturday, March
31, beginning at 10 AM at the Recreation Center behind Starr Library. Children
should bring their own baskets.
Town Hall and the highway garage will be closed on Good Friday, April 6th.
17th Annual Spring Roadside Litter Clean-up Day will occur on Saturday,
April 14 from 7a.m. to 12 noon. The transfer station will accept filled plastic
bags from roadside pickup throughout the town and the highway department on
Monday the 16th will pick up large objects left on the road when called into
the department over the weekend.
Volunteers wanted:
The PANDA subcommittee of the Rhinebeck Arts and Culture Committee is
seeking a volunteer broadcast journalist, with the skills and interest to produce
and anchor a weekly local news program on PANDA. This program will cover the
Rhinebeck and Red Hook communities. All interested persons should
contact subcommittee chair Bill Nieves at _muchovideo@gmail.com_
(mailto:muchovideo@gmail.com) .
The Rhinecliff Waterfront Committee is seeking applicants to fill a vacancy.
Interested residents should contact deputy town clerk Joan Winne at
_town.planning@rhinebeck-ny.gov_ (mailto:town.planning@rhinebeck-ny.gov)
or 876-3409.
The Town Board is seeking four Rhinebeck residents to form an ad hoc
Committee to organize and produce this year’s Rhinecliff Waterfront Day. Please
contact Board member Linda Souers at. _LDSouers114@msn.com_
(mailto:LDSouers114@msn.com) or 876-8202
Employment Opportunities:
The Recreation Committee is seeking a pool director for summer programs and
the Cemetery Committee is looking for seasonal part timer at $10.50 per hour.
For more details or an application form, please contact deputy town clerk Joan
Winne at _town.planning@rhinebeck-ny.gov_ (mailto: town.planning@rhinebeckny.
gov) or 876-3409.
At 6:55 the public hearing for proposed local law 3 of 2007, establishing
standards and procedures for the highway superintendent to temporarily close
town street for community events. Kathy Kinsella asked when the fee will be set
and Warren suggested she get with Norm Brier and it can be adopted at the April
meeting. At 7:01 on motion from Dod and second by Paul this hearing was
unanimously closed.
BUSINESS
1. Linda motioned and Paul seconded to approve local law 3 of 2007providing for
temporary street closing.
BE IT ENACTED by the Town Board of the Town of Rhinebeck as follows:
SECTION 1. Purpose.
This Local Law is adopted pursuant to the authority set forth in Town Law §64,
Subdivision 10-b. The purpose of this Local Law is to provide for the temporary
blocking of Town streets, highways and roads in a safe manner to allow
neighborhoods to have neighborhood block parties, celebrations, graduation
parties, fire parades or other like events.
SECTION 2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
PARTY: A neighborhood block party, celebration or event as provided in
Town Law §64, Subdivision 10-b, but shall not include a garage sale, yard sale,
bazaar, rummage sale or other similar activity having the principal purpose as
fund-raising for an individual or organization, nor shall it include a political
meeting or rally, carnival or theatrical or musical performances, such as rock
concerts or similar events.
STREET: A Town Street, highway or road.
SECTION 3. Permit Required; Application.
A. Any person, before blocking or barricading a road in the Town of
Rhinebeck for purposes of holding a block party, celebration, graduation party,
fire parade or other like event, shall obtain a permit from the Town Highway
Superintendent.
B. The Superintendent of Highways shall be authorized to issue a permit for
the temporary blocking of a street for the purpose of holding a party. Such permit
shall allow the temporary blocking of a road on one particular date only, and
during a specified time period which shall be of a single duration. An application
for such permit shall be filed with the Superintendent of Highways at least thirty
(30) days prior to the commencement of such party. Such application shall
contain the following information:
1. The name and address of applicant.
2. The name of the street or streets and the description of the portions
thereof to be blocked.
3. A description of the specific party to be held.
4. The date and the hours thereof.
5. Superintendent of Highways, upon receipt of the application, may
require the submission of such additional information as the
Superintendent may require in acting upon the application.
C. The permit form shall be determined by the Superintendent of Highways.
SECTION 4. Determination of Approval or Disapproval of the Permit
Application.
The permit may be granted by the Superintendent of Highways upon determining
that the party is authorized by Town Law §64, Subdivision 10-b, and this Local
Law. The permit shall be denied if the Superintendent finds that blocking the
street or portion thereof on the date requested in the application will unduly
interfere with the flow of vehicular traffic or upon determining that the party is not
authorized under Town Law §64, Subdivision 10-b, and this Local Law. The
Superintendent of Highways shall advise the applicant, in writing, of the reason
for denial of the application. The fee charged for the permit shall be prescribed
by the Town’s Fee Schedule and shall be paid at the time of the application.
SECTION 5. Duration of Permit; Time Limitations.
A permit issued pursuant to this Local Law shall be valid only for the date and
hours specified thereon, which shall not be before 8:00 a.m. or after 11:00 p.m.
SECTION 6. Cleanup Required.
The applicant shall be responsible for the removal of litter, debris and other
materials from the street or portion thereof used for the party, and for any
damage to the street or portion thereof used for the party, which is attributable to
or caused by the party. The street or portion thereof used for the party shall be
left in “broom clean” condition by the applicant after the conduct of the party. The
Superintendent of Highways may also, in his or her discretion, require the posting
of a bond, or other security, in an amount and form approved by the Town Board
and by the Town’s Attorney to ensure that such cleanup and repair is provided by
the applicant.
SECTION 7. Blocking of Roads.
A. Prior to the commencement of the time for which the road is to be blocked,
the Town Highway Superintendent shall cause the street or portion thereof to be
blocked by devices of his or her choice to motor vehicles except authorized
emergency or hazard vehicles, as the same are defined in the Vehicle and Traffic
Law, and to provide detour signs for vehicular traffic. No other person shall in
any manner block or place barricades in the road. The Town Highway
Superintendent may, in his or her discretion, require the applicant to set up the
barriers and/or barricades supplied by the Highway Superintendent in places,
and in the manner, prescribed by the Highway Superintendent.
B. A street or portion thereof blocked off for a party shall not be obstructed by
picnic tables and shall not be obstructed by other obstacles which cannot be
readily moved to allow emergency or hazard vehicles to enter in response to an
emergency.
C. The Town Highway Superintendent shall notify the Dutchess Sheriff’s
Department, New York State Troopers, Village of Rhinebeck Police Department
and the appropriate Fire Company and Rescue Squad of the date and time of the
road blocking at the time the permit is issued by telephone call followed by
written communication.
SECTION 8. Limitation on Number of Permits Issued.
No more than two permits shall be granted by the Town Highway Superintendent
in any calendar year for the same applicant or neighborhood.
SECTION 9. Effective Date.
This Local Law shall take effect immediately upon filing in the office of the New
York State Secretary of State in accordance with §27 of the Municipal Home
Rule Law.
Councilman Dod Crane aye
Councilman Paul Niedercorn aye
Councilwoman Ellen Silverstein
Councilwoman Linda Souers
Supervisor Steve Block aye
2. On motion by Paul and second by Dod the AKRF proposal to conduct traffic
volume and speed studies in Rhinecliff and at the Village Center traffic light for a
total not to exceed $12,000 and authorizing the Supervisor to sign the letter
contract was unanimously approved.
3. Paul motioned and Ellen seconded to accept resignation of Duane Watson
from the Arts & Culture Committee. All were in favor.
4. Paul motioned and Linda seconded to approve the recommendation of the
Recreation Committee to hire Karen Brodhead to serve as the 2007 Summer
Camp Director at a Salary of $4,000. Motion carried unanimously.
5. Paul motioned and Dod seconded to approve payment of $5,000 to Winnakee
Land Trust for participation in drafting the successful proposal to the State
Quality Communities Program, drafting and administering the contract, assisting
Hudsonia in gaining access to identified properties for further biodiversity study,
and authorizing the supervisor to sign the contract. Warren explained we now
have a contract based on $71,500. Warren proposes approving signing the
contract subject to Mike Haggerty contacting me and spell out co-ordination. We
need more specifics for their services. Original motion – no vote. Dod motioned
and Ellen seconded to approve contract signing pending consultation of Warren
and Mike for the scope of the contract. All were in favor.
6. Paul motioned and Linda seconded to approve the printing of the Recreation
Summer 2007 brochure. Carried unanimously.
7. Paul motioned and Dod seconded to approve Abstract 3B, vouchers 252-319,
and checks 2188-2229 for $380,626.64. Motion carried unanimously.
8. On motion by Paul and second by Dod the bookkeeper was authorize to make
the following budget transfers, amendments:
LANDFILL Contingency 00 01 1990 400 - $6,300.00
Supplies 00 06 8160 410 + 300.00
Annual Well Test 00 06 8160 451 + 3,000.00
Engineering 00 06 8160 453 + 3,000.00
To purchase signs and post that were not budgeted and for additional well
testing. Unanimously approved.
9. Paul motioned and Dod seconded to approve following resolution: The
Town of Rhinebeck Justice Court under the laws of the State of New York
do hereby certify that the Town Board of the Town of Rhinebeck, on
March 26, 2007 resolved that Manufacturers and Traders Trust Company,
as a designated depository of this corporation, be and it is hereby
requested, authorized and directed to honor checks, drafts or other orders
for payment of money drawn in this court’s name, including those payable
to the individual order of any person or persons whose name or names
appear thereon as signer or signers thereof, when bearing or purporting to
bear the facsimile signature of John B. Kane, Jr. and Manufacturers and
Traders Trust Company shall be entitled to honor and to charge this court
for such checks, drafts, or other orders regardless of by whom or by what
means the actual or purposed facsimile signature thereon may have been
affixed thereto, if such signature resembles the facsimile duly certified to
or filed with Manufacturers and Traders Trust Company by the Court Clerk
of this court.
In witness whereof, I have hereunto set my hand and the seal of said Town
this __________day of March, 2007.
All were in favor.
Linda brought up Chris Lindner’s agreement. She met with Chris this
morning to iron out the details. This discussion was tabled in February and
revisions have been made. It is important for the Board to act on tonight since
there is a time constraint. Warren suggested putting into a formal contract. All
required conditions of Phase II will be satisfied. Chris has a map of the area and
he will mark the designated areas to be studied. Paul motioned and Dod
seconded to authorize Warren to draw up contract as prescribed in scope of work
letter and authorize the Supervisor to sign. All were in favor.
Reports from Town Board members on liaison assignments.
See attached reports. Steve will discuss his report at the April 9th meeting.
At 8:35 on motion from Paul and second from Dod the Board went into Executive
Session to discuss litigation matters pertaining to David Queen, Vanderburgh
Cove, and Article 78’s with the Woods and Fried. All were in favor.
AT 9:15 on motion from Ellen and second by Dod this meeting was unanimously
adjourned.
Respectfully submitted,
Barbara Cunningham
Town Clerk