FEBRUARY 9, 2009 RHINEBECK TOWN BOARD MEETING MINUTES

 

 

Call to Order

 

At 6:50 Supervisor Traudt opened this meeting and Olivia from Brownie Troop 78 lead us in the Pledge of Allegiance.  Dod Crane, Dan Staley, Bruce Washburn and Tom Traudt were present from the Board.  Councilwoman Ellen Silverstein and Counsel Pam Richardson were absent.  

 

Announcements

 

Board of Assessment Review is seeking applicants for one position for the annual Review to be conducted this May.  Contact Town Clerk's Office for application.

 

Web Committee is seeking one new member.  Of particular help would be an individual with Web graphics design skill who would like to join the committee or willing to contribute 2-5 hours time per week even if unable to join committee.  Applications also available in Town Clerk's Office.

 

Recreation Committee is also looking for a new member.  Applications in Town Clerk's Office

 

Quad-centennial committee is looking for new members who will organize, promote and help run various events throughout 2009.  Representatives from various organizations throughout the town are encouraged to participate.

 

Town Hall, Transfer Station and Highway Garage will be closed Monday, February 16^th in observance of President's Day. 

 

Waterfront Day in Rhinecliff will be Sunday, August 16^th

 

DISCUSSION

 

1. Gellert and Klein to determine which department is suppose to be maintaining the Rhinecliff boardwalk/bridge.  Bruce wants legal input whether this walking bridge should be the highway or maintenance department's responsibility.  It needs a new roof and he wants the money to come from the right source.
2. Update on Investment Policy.  Tom explained that this is in the hands of the Budget and Finance Committee for review.
3. Rhinecliff Hotel Maintenance Agreement update.  Gellert & Klein is hesitant to continue working on this matter until the escrow issue is resolved.  Dan stated that the Town has $50,000 in escrow for infrastructure emergencies.  The escrow balance is not known by the Board at this time but Dan will work with the bookkeeper and get an answer this week. 
4. Safety issues at Holy Cross  Dod is concerned about this issue since a Village resident spoke to him this past weekend.  There seems to be teenagers moving around down there.  We need to understand our risks as a Town.  Dan suggested stepping up police patrol and pointed out that anyone down there is trespassing.  Tom informed the Board that the Zoning Enforcement Officer and Town counsel are looking into this matter.  It is certainly a concern of ours.

Gloria Fox, Morton Road resident, stated her car was stolen out of their driveway by an underage girl about two months ago and found on the Holy Cross campus.  Wilderstein has also been vandalized.  She then read a letter stating her concern about the attractive nuisance that these abandoned buildings have become.  These buildings are full of asbestos, which has publicly been acknowledged by the current owner.  This asbestos is friable which means it is now in a powder-like form and extremely toxic.  These buildings also contain lead paint.  The only logical solution is to deal professionally with these hazardous materials removal.  It is not the Town's responsibility to clear this site, it is the owners. Elizabeth Spinzia feels it is terrifying that children could be exposed to asbestos.  Jeff Romano asked what the position of the Town is legally.  Gloria thinks the owner should be put on notice.  Dod is still concerned about safety issues and the reality of someone coming up to me brought this forward to me. 

The attorneys feel that Town Code Section 49 governs building code administration.  The Code Enforcement Officer must cause or make an inspection of such building and report his finding and recommendation in writing to the Town Board.  Once the inspection is complete the Town Board shall consider and determine if the building is unsafe.  There is a subsequent provision that requires notice and a hearing before removal and demolition. 

 

5. Building Department truck   Dan reported that Al Dingas' truck broke down this spring and we need to get estimates on how much it would to fix.  There is a 2002 Ford Ranger from the Highway Department that is available.  Kathy Kinsella said that Frank Conley, highway auto mechanic, said the repair may jeopardize the integrity of the truck due to rust.  Dan suggested the possibility of paying the Building Inspector mileage as we do to the ZEO.  Kathy said the highway department expects delivery on their new truck within the next two weeks.  She has looked up the Blue Book of the 2002 Ranger and it is about $4,000.  Dan also looked it up and he said the blue book is $2,750.  Tom Traudt is not in favor of adding a truck to the maintenance department.  Bruce suggested having the maintenance and building department use the same vehicle.  Dod doesn't think that sharing is a good idea. 

 

Business

 

At 7:25 the Supervisor opened the Public Hearing for proposed local laws 1 and 2 of 2009. 

 

Local Law 1 Cold War Exemption

A LOCAL LAW AMENDING CHAPTER 107 OF

                                THE TOWN CODE OF THE TOWN OF RHINEBECK

                               ENTITLED, "TAXATION" CREATING AN "EXEMPTION

FOR COLD WAR VETERANS" FOR THE TOWN OF

RHINEBECK, DUTCHESS COUNTY, NEW YORK,

LOCAL LAW   1 OF 2009

 

SECTION 1.   

 

            Chapter 107 of the Code of the Town of Rhinebeck is amended by adding a new

 

Article entitled, "COLD WAR VETERANS EXEMPTION," to read as follows:

 

SECTION 107-___.  Purpose.

 

            The purpose of this Local Law is to allow for a tax exemption for Town of  Rhinebeck Cold War Veterans authorized pursuant to 458-b of the Real Property Tax Law of the State of New York.

SECTION 107-___.   Definitions.

            As used in this Article, the following terms shall have the meaning indicated:

            "Armed Forces" - The United States Army, Navy, Marine Corps, Air Force and Coast Guard.

            "Active Duty" - Full-time duty in the United States Armed Forces, or other than active duty for training.

            "Cold War Veteran" - A person, male or female, who served on active duty in the United States armed forces, during the time period from September 2, 1945 to December 26, 1991, was discharged or released there from under honorable conditions and satisfies any other requirements set forth in Section 458-b (1) (a) of the New York State Real Property Tax Law.

                        "Latest Class Ratio" - The latest final class ratio established by the New York State Board of Real Property Tax Services pursuant to Title 1 of Article 12 of the New York Real Property Tax Law for use in a special assessing unit as defined in Section 1801 of the New York State Real Property Tax Law.

            "Latest State Equalization Rate" - The latest final equalization rate established by the New York State Board of Real Property Tax Services pursuant to Article 12 of the New York State Real Property Tax Law.

            "Qualified Owner" - A Cold War veteran, the spouse of a Cold War veteran, or the unremarried surviving spouse of a deceased Cold War veteran.  Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined.  There a veteran is also the unremarried surviving spouse of a veteran; such person may also receive any exemption to which the deceased spouse was entitled.

            "Qualified Residential Real Property" - Property owned by a qualified owner which is used exclusively for residential purposes; provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this article.  Such property shall be the primary residence of the Cold War Veteran or the unremarried surviving spouse if a Cold War Veteran; unless the Cold War Veteran or unremarried surviving spouse is absent from the property due to medical reasons or institutionalization subject to such time limitation, if any, as are set forth in Section 458-b (1) (f) of the New York State Real Property Tax Law.

            "Service Connected" - With respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in the line of duty on active military, naval or air service.

SECTION 107-___.   Amount of exemption; limitations.

            A.        Qualifying residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall not exceed $12,000 or the product of $12,000 multiplied by the latest state equalization rate of the Town of Rhinebeck, or, in the case of a special assessing unit, the latest class ratio, whichever is less.

            B.        In addition to the exemption provided by Subsection A of the Section, where the Cold War veteran received a compensation rating from the United States Veterans Affairs or from the United States Department of Defense because of a service-related disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by 50% of the Cold War veterans disability rating; provided, however, that such exemption shall not exceed $40,000 or the product of $40,000 multiplied by the latest class ratio, whichever is less.

SECTION 107-___.  Eligibility for exemption.

            If a Cold War Veteran receives either a veteran's exemption under Article I of this Chapter, authorization by Section 458 of the Real Property Tax Law, or an alternative under Article II of this chapter, authorization by Section 458-a of the Real Property Tax Law, the Cold War veteran shall not be eligible to receive an exemption under this article.

SECTION 107-___. Duration of exemption.

            The exemption provided under this article shall be granted for a period of 10 years.  The commencement of such ten year period shall be governed pursuant to this section.  Where a qualified owner owns qualifying residential real property on the effective date of this Article, or such other dates as may be set forth in Section 458-b(2)(c) of the New York State Real Property Tax Law, such ten-year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of the article, or such date as may be set forth in Section 458-b(2)(c) of the New York State Real Property Tax Law, such ten-year period shall be measured from the assessment role prepared pursuant to the first taxable status date occurring at least 60 days after the date of purchase of qualifying residential real property; provided however that should the veteran apply for and be granted an exemption on the assessment role pursuant to a taxable status date occurring within 60 days after the date if purchase of residential real property, such ten-year period shall be measured from the first assessment roll in which the exemption occurs.  If, before the expiration of such ten-year period, such exempt property is sold or replaced with other residential real property, such exemption may be granted pursuant to this article for the unexpired portion of the ten-year exemption period.

SECTION 107-___.   Application for exemption.

            Application for the exemption set forth in this article shall be made by the qualified owner, or all of the qualified owners, of the property on a form prescribed by the New York State Board of Real Property Tax Services.  The owner or owners shall file the completed form in their local assessor's office on or before the first appropriate taxable status date.  The owner it owners if the property shall be required to refile at such times and under such circumstances as may be set forth in Section 458-b(4) of the New York Real Property Tax Law.  Any applicant convicted of willfully making any false statement in the application for such exemption shall be subject to the penalties prescribed in the New York State Penal Law.

SECTION 2.   Effective Date.

            This Local Law shall take effect upon filing in the Office of the Secretary of State and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after such date.

TOWN OF RHINEBECK TOWN BOARD

 

RE:      A LOCAL LAW AMENDING CHAPTER 107 OF THE TOWN CODE OF THE TOWN OF PLEASANT ENTITLED, "TAXATION" CREATING AN "EXEMPTION FOR COLD WAR VETERANS" FOR THE TOWN OF

RHINEBECK, DUTCHESS COUNTY, NEW YORK,

LOCAL LAW 1 OF 2009

 

 

            WHEREAS, pursuant to the applicable provisions of the New York State Real Property Tax Law Section 458-b, the Town of Rhinebeck is so authorized to adopt a local law providing for an exemption for Cold War Veteran's for real property tax purposes; and

            WHEREAS, the Town Board of the Town of Rhinebeck introduced an amendment to Chapter 107 of the Code of the Town of Rhinebeck entitled, "Taxation" to create an exemption for "Cold War Veterans"; and

            WHEREAS, the Town Board of the Town of Rhinebeck conducted a Public Hearing on the proposed local law on February 9, 2009, where all persons had an opportunity to speak on the proposed local law; now, therefore, it be

            RESOLVED, that the Town Board of the Town of Rhinebeck hereby adopts "A Local Law Amending Chapter 107 of the Town Code of the Town of Rhinebeck Entitled, "Taxation" Creating an "Exemption for Cold War Veterans" for the Town of Rhinebeck, Dutchess County, New York, Local Law 1 of 2009".

Motioned by Dan Staley      Seconded by Dod Crane

Dated: February 9, 2009

Roll Call Vote:

                                                            Councilperson Crane aye

                                                            Councilperson Silverstein absent                 

                                                            Councilman Staley aye

                                                            Councilman Washburn aye

                                                            Supervisor Traudt aye

 

 

 

Local Law 2 Senior Citizen Exemption

               TOWN OF RHINEBECK LOCAL LAW NO. 2 OF THE YEAR 2009

 

            A LOCAL LAW OF THE TOWN OF RHINEBECK, DUTCHESS COUNTY, YORK, AMENDING THE CODE OF THE TOWN OF RHINEBECK, CHAPTER 107 THEREOF, ENTITLED "TAXATION", ARTICLE I THEREOF, ENTITLED "SENIOR CITIZENS' EXEMPTION" 

 

            BE IT ENACTED by the Town Board of the Town of Rhinebeck as follows:

            SECTION 1.    Chapter 107, Taxation, of the Code of the Town of Rhinebeck is hereby amended to read as follows:

            ARTICLE I, "Senior Citizens Exemption" Section 107-2(B) Eligibility for the exemption shall be based on the income of the owner or the combined income of the owners for 12 consecutive months prior to the date that the application is filed as follows:

ANNUAL INCOME                                                    % OF ASSESSED VALUATION                                                                                           EXEMPT FROM TAXATION

 

$28,000 or less                                                                                             50%

 

$28,000.01 to $28,999.99                                                                                45%       

$29,000 to $29,999.99                                                                                            40%

$30,000 to $30,999.99                                                                                            35%

$31,000 to $31,899.99                                                                                      30%     

$31,900 to  $32,799.99                                                                                     25%

$32,800 to $33,699.99                                                                                      20%

$33,700 to $34,599.99                                                                                            10%                                

$34,600 to $35,499.99                                                                                      15%

$35,500 to $36,400.00                                                                                         5%

class=Section4>

            SECTION 2.   SEPARABILITY.  If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged or invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part of the provisions or application directly involved in the controversy in which judgment shall have been rendered and shall not effect or impair the validity of the remainder of this local law, the application thereof to other persons or circumstances, and the Town of Rhinebeck  hereby declares that it would have passed this local law or the remainder thereof had such an invalid application or invalid provision been apparent

            SECTION 3.   EFFECTIVE DATES.   This Local Law shall become effective upon filing in the Secretary of State

 

 RE:    A LOCAL LAW OF THE TOWN OF RHINEBECK, DUTCHESS COUNTY, YORK, AMENDING THE CODE OF THE TOWN OF RHINEBECK, CHAPTER 107 THEREOF, ENTITLED "TAXATION",  ARTICLE I THEREOF, ENTITLED "SENIOR CITIZENS' EXEMPTION" 

 

 

            WHEREAS, pursuant to the applicable provisions of the New York State Real Property Tax Law Section 467,  the Town of Rhinebeck is so authorized to adopt a local law providing for an exemption for Senior Citizens' for real property tax purposes; and

            WHEREAS, the Town Board of the Town of Rhinebeck introduced an amendment to Chapter 107 of the Code of the Town of Rhinebeck entitled, "Taxation" amending Article I entitled "Senior Citizens' Exemption"; and

            WHEREAS, the Town Board of the Town of Rhinebeck conducted a Public Hearing on the proposed local law on February 9, 2009, where all persons had an opportunity to speak on the proposed local law; now, therefore, it be

            RESOLVED, that the Town Board of the Town of Rhinebeck hereby adopts "A Local Law Amending Chapter 107 of the Town Code of the Town of Rhinebeck Entitled, "Taxation" amending Article I entitled "Senior Citizens' Exemption" for the Town of Rhinebeck, Dutchess County, New York, Local Law 2 of 2009". 

Motioned by Board Member: Dan Staley

Seconded by Board Member: Dod Crane

 

Michelle Donner asked if the Town will notify the actual people who are entitled to this benefit and Tom explained the Town has no way of knowing who served in the Cold War or what their incomes are.  The residents just have to come into Town Hall and apply for these benefits with the Assessors Office.  Elizabeth Spinzia questioned what this would cost the taxpayers for these laws and Tom explained that there are only 4 cold war veterans on the County tax rolls so it is hard to estimate how many more may apply.   Tom also pointed out that these exemptions only affect the town and county taxes.  It will not reduce school taxes.

 

            Roll Call Vote:

            Councilperson Crane aye

            Councilperson Silverstein absent

            Councilman Staley aye                

            Councilman Washburn aye

            Supervisor Traudt aye

1. Dan motioned and Dod seconded to approve request from Rhinebeck Fire Department to approve Certificate of Amendment of the Certificate of Incorporation and consent that the same be filed and Supervisor sign agreement.  Tom explained that the Fire Company is trying to become a not-for-profit with the 501 3 C filing.  All were in favor.
2. Bruce motioned and Dan seconded to appoint Dave Miller as chair of Quad-centennial committee with Bruce Washburn as liaison through December 31, 2009.  Bruce explained that we need to get organizations to run various events this September.  Motion carried 4-0.
3. Dan moved with Dod seconding to appoint John Franco to Waterfront Committee term to expire 12/31/09.  Carried unanimously 4-0.
4. On motion from Dan and second from Dod the January 12^th, 26^th and 29^th Town Board minutes were unanimously approved 4-0. 
5. Dan motioned and Dod seconded to authorize Supervisor to sign contract with Wallis, Loiacono & Cook, CPA's to prepare financial statements for 2008 and file annual financial report with State Comptroller's Office for $5,200.  Dan would like to look at someone new.  Bruce said that Sedore is doing a preliminary report.  An RFP needs to go out for the in depth audit.  The Budget/Finance Committee recommends an accounting firm that we can trust.  In the spirit of the best deal we should shop it out.   The Annual Report is boiler plate, the process review will be done by Sedore and the financial detail review needs an RFP.  Motion denied 0-4.    On motion from Dan and second from Dod the Town Clerk will notify Wallis that they are not being hired and run ad in paper for the bid when specs are received.  All were in favor.
6. Dan motioned and Dod seconded to approve Abstract 2 vouchers 141-209, checks 4561-4596 for $685967.29.  Tom explained the yearly fire districts and library payment is included.  All were in favor.
7. Dan motioned and Dod seconded to dispose of Canon Copier NP6412 in bookkeeping department.  All were in favor.
8.  Dan motioned and Dod seconded to authorize purchase of new  Dell printer for bookkeeping department

WHEREAS, the finance office's printer, a Dell S2500 purchased in 2004 is no longer working, and

 

WHEREAS, they have an estimate for a HP LaserJet P2055dn from State Bid #CE459A#ABA for $349.00, an on line estimate from Dell for a Dell 2335dn for $359.00, and Dell personnel recommended for $999 the 5330dn as being similar to the Dell S2500, and

 

WHEREAS, there are funds in the Capital Project #39 Town Hall Equipment,

 

NOW, THEREFORE BE IT RESOLVED, that the Town Board of The Town of Rhinebeck authorize the purchase and installation of a printer not to exceed $500.00 to be paid from Capital Project #39, 55 01 1220 203 equipment line,

 

 

Roll Call Vote:       Councilman Crane aye

                             Councilwoman Silverstein absent

                             Councilman Staley aye

Councilman Washburn aye

                             Supervisor Traudt aye

Certified to this 9^th day of February 2009 by ____________________

                                           Barbara B. Cunningham, Town Clerk

 

 

 

John Lobotsky read a letter of his concerns about the new Comp Plan.  We need to stimulate building in this Town.  The large lot size being discussed will discourage building.  There is not way to have affordable housing on large lots.  There were no farmers on the Comp Plan, how do they understand our business.  We need cluster housing.  Our family property was made residential in the new Comp Plan; please change it back to commercial.  Thank you.

 

 

ADJOURNMENT

 

At 8:05 on motion from Dan and second from Dod this meeting was unanimously adjourned.

 

Respectfully submitted,

 

 

Barbara Cunningham

Town Clerk