FEBRUARY 23, 2009 TOWN BOARD MEETING MINUTES

 

Supervisor Traudt opened this meeting at 6:51 with Council members Dod Crane, Ellen Silverstein, Bruce Washburn and Dan Staley all present.  Town Counsel Pamela Richardson also attended.

 

ANNOUNCEMENTS

 

Board of Assessment Review is seeking applicants for one position for the annual Grievance Day to be conducted on May 26th.

 

Town Ethics Board is looking for 5 original members

 

Finance and Controls Committee needs 1 new member.

 

Recreation Committee is also looking for a new member.

 

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.

 

All volunteer applications are available in Town Clerk's Office or call 876-3409

 

February 27 7:30-10 pm Music Night at Town Hall

 

March 21^st at Rhinebeck High School - Senior Citizen Prom 12 noon to 4

 

New Town Clerk office hours starting March 2^nd will be 8:30 am-4 pm.

 

COMP PLAN

 

Warren Replansky explained the Board needs to authorize the planning consultants to prepare the FGEIS, essentially abandoning the SGEIS.  Ted Fink is considering potential zoning treatment for +/- 50,000 square feet of new commercial development in the Astor Flats area. Ted will finalize the location and density of Planned Conservation Neighborhood and design standards from the Astor Flats TND into the PCN. 

 

The proposed timeline is as follows:  Zoning text:  Ted will make modifications as identified on punch list prepared by AKRF by March 13.  AKRF will make final changes based on location of PCN and treatment of Astor Flats area and prepare redlined Comp Plan draft by March 27^th.  FGEIS planned completion will be mid-April for consultants to review and then two weeks for the Town Board review.  Hopefully the Notice of Completeness will be in mid-May and public hearings in early June.  The findings will also be prepared by AKRF after the FGEIS is complete.  The Town Board will start their consideration of the Comp Plan in late May for probable adoption in the end of June.     

 

RESOLUTION RESCINDING PREVIOUS DETERMINATION TO PREPARE A SUPPLEMENTAL DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT REGARDING THE ADIPTION OF THE TOWN'S COMPREHENSIVE PLAN; AMENDMENTS TO TOWN ZONING LAW; AND ADOPTION OF A TOWN FRESHWATER WETLANDS LAW.

 

WHEREAS, the Town Board of the Town of Rhinebeck, on January 12, 2009, issued a Resolution in which it determined, in relevant part, that potential modifications to the proposed actions relating to: relocating the proposed Astor Flats TND to an area west of Old Post Road; modifying the amount and procedure by which senior housing units might be permitted at the former Holy Cross School site on Morton Road; and a Transfer of Development Rights(TDR) programs may have significant environmental impacts not fully addressed in the DGEIS such that a Supplemental Generic Environmental Impact Statement (SGEIS) limited to the specific potential significant adverse environmental impacts of the proposed modifications not addressed in the DGEIS pursuant to 6 NYCRR 617.9(a)(7) and subject to the full procedures of 6 NYCRR 617 was warranted; and

 

WHEREAS, the Town Board, at its January 29, 2009 meeting, determined not to propose modifying the amount and procedure by which senior housing units might be permitted at the former Holy Cross School site; and

 

WHEREAS, the Town Board, at that same meeting, determined not to consider relocating the proposed Astor Flats TND to an area west of Old Post Road, and would instead, consider the creation of a Planning Conservation Neighborhood (PNC) floating district for portions of property owned by Jesselson, west of Old Post  and of Astor Drive; and

 

WHEREAS, the Town Board, after advice from, and consultation with its planning and legal consultants, has determined that, in light of its decision not to modify the proposed actions as discussed at the January 12, 2009 meeting, an SGEIS was not warranted and that the analysis of the potential environmental impacts of the proposed PCN and the TDR and satisfaction of the "hard look" requirements of SEQRA could be achieved through the preparation of the FGEIS, with additional studies, and the conduct of a public hearing in conjunction with the FGEIS.

 

NOW, THEREFORE BE IT RESOLVED, that the resolution to prepare a Supplemental Draft Generic Environmental Statement, dated January 12, 2009, is hereby rescinded; and

 

BE IT FURTHER RESOLVED that the Town's planning and legal consultants are directed to evaluate the potential impacts of the PCN and the TDR through the FGEIS process and the conduct of at least one public hearing in conjunction with the FGEIS.

 

WHEREFORE, this Resolution was declared adopted by the Town Board of the Town of Rhinebeck.  The motion was offered by Town Councilman Dan Staley and seconded by Councilwoman Ellen Silverstein.

 

Councilman Arthur "Dod" Crane aye

Councilwoman Ellen Silverstein aye

Councilman Dan Staley aye

Councilman Bruce Washburn aye

Supervisor Thomas Traudt aye

 

The motion was carried by a 5-0 vote of the Town Board members on February 23, 2009.

 

PRESENTATION

 

Bob Ellsworth, Chairman of the Thompson Mazzarella Park Committee, submitted a proposed Master Plan package.  He gave a brief history of the Park:        

                     1.  February 2002 land was purchased

2.      Park committee appointed in 2004.  Current members are Kris Perry, Howard Traudt, Sally Mazzarella, Art Pritchard, Tom Connelly and Michael Trimble

3.      public information series begin and recreation survey also in 2004

4.      L.A. Group hired to develop Master Plan in May 2005.

5.      Community meetings on conceptual master plan stated

6.      2006 Archaeological study started with SHPO letter of approval received in July 2008

7.      May 25, 2008 Master Plan was presented to Town Board

8.      Thomas Thompson Trust awarded $300,000 over 4 years in 2008.

9.      Tonight the Thompson Mazzarella Park Master Plan is being submitted to commence the adoption process.      

 

Bob explained the existing entrance to the library will be eliminated and a new road will be cut farther east.  The Town Board still needs to appoint a committee to develop the Community Center; this task is not for the Park Committee.  We can only build one structure on the new property.  There are two Community Center's are on the drawing since half of the community wants it up front and the other half of the community wants it on the back of the property according to the Comp Plan survey.  We can build on the old part of the property just not the new parcel, formerly known as the Rhineson property. 

 

Bob then introduced Dave Miller from the LA Group. Mr. Miller explained the anticipated timeline and pointed out the Town Board needs to accept the plan so we can go forward and establish Lead Agency and then circulation with SEQRA can begin.  The SEGRA determination should be a negative declaration.  Hopefully in early April public hearings can be scheduled and then in response to public comments, the final plan can formally be adopted.   Ellen Silverstein asked what the Town Board's responsibility is if we are the lead agency and Sally Mazzarella replied it is only logical for the Town Board to be lead agency.  She also pointed out for funding we might need to hire capital campaign professionals.  We have the money to complete the engineering study but after that we will only develop those projects that we have the money for.  Adopting this Master Plan for the Park has no cost involved.  Lead agency is necessary before adopting.  The appropriate action is a Type 1, long EAF with a negative declaration.  Pam Richardson stated that when declaring lead agency it is only for the environmental review portion of the Master Plan. 

 

Dod would like to decide the site of the Community Center sooner rather than later.  He is not sure we need a committee for this.  Let's incorporate into the SEQR and public hearing process.  Dave Miller said that the Community Center will go through the same process as the Park Master Plan.  It is a separate entity unto itself.  Pam Richardson asked if the environmental impacts are different on each site.  David replied no, the same issues will be addressed on both locations.  Dod asked about a septic system and David said there is space available at both locations.   Bruce said the original Park Committee was told by a previous Board not to consider the Community Center location.  The task in front of us tonight is to adopt the Master Plan.  Let's move forward with this.  Dod still feels the Community Center is a key component and why not decide the site before going forward.  Tom stated that deciding the site placement now would hold up the process and it is important that we move forward with the park master plan.  Bruce stated we can start using the land now and get the infrastructure in place which has nothing to do with the Community Center.  Dod wants to get a sense of the community first and get the decision over with then the engineering work can be on one focused plan.  Sally Mazzarella feels it would be terrible to delay the process.  She then asked Dod, if at the public hearing for the master plan the Town Board gets a sense that the Community Center isn't an issue would he change his mind and he replied yes.

 

Dave Miller said the Master Plan is a living document and will probably be revisited 5-10 years down the road.  It requires modification.  There is not a lot of flexibility in this Plan due to the topography and the archeological dig. 

 

On motion from Dan Staley and second from Bruce Washburn the Thompson Mazzarella Park Master Plan was unanimously accepted.  Then Dan motioned with Bruce seconding to declare lead agency and circulate plan to involved agencies.  Counsel Pam Richardson asked that this motion be postponed until the March 9^th meeting.  All agreed with Pam's statement.

 

BUSINESS

 

1.   Quad-centennial 5K run    Bruce informed the Board that Alice Cunningham has received approval for the Kingston/Rhinecliff Bridge to be closed for 10 minutes on September 27^th from 9 am to 9:10 am for a 4 mile run starting in Kingston and ending at CJ's Pizza.  Participants must run a 12 minute mile to enter the race.  He asked for Board approval of the proposal which was unanimously approved on motion from Dan and second from Ellen.

2. Accounting RFP  Bruce reported that Bob Babirad generated this proposal.  On motion from Dan and second from Ellen the Town Clerk was directed to mail out to three firms.  Bruce will email the firm names ASAP. Motion carried unanimously.

 

Request for Proposals

 

The Town of Rhinebeck is requesting proposals from qualified Certified Public Accounting firms to provide audit services for the fiscal year ended December 31, 2008, and for compilation and filing of the town's New York State Annual Financial Report for the year ended December 31, 2008. The term of this engagement is for one year with an optional two additional years.

 

Your firm is invited to submit four hard copies of a proposal to us by 5PM, Monday March 16, 2009.  Please address your proposals as follows:

 

            RFP

            Attn : Supervisor Thomas Traudt

            TOWN OF RHINEBECK

80 East Market Street

RHINEBECK, NY 12572

 

Requests for additional information, visits to our site, review of prior financial statements and recordkeeping should be coordinated through Shelly Day who can be reached at 845-876-7952.

 

Your Response to This RFP

We request the following information:

 

1. Provide a statement regarding your firm's independence with respect to the Town of Rhinebeck.
2. Detail your firm's experience in providing audit services to municipalities.
3. Identify the partner, manager, senior, and in-charge who will be assigned to this engagement and provide biographies of each including their experience, education, and training in auditing municipalities.
4. Discuss your commitments to staff continuity and your staff turnover experience in the last three years.
5. Describe how your firm will approach the audit of our organization including the use of technology.
6. Detail the communication process used by your firm to discuss issues with the Town Board.
7. Please provide a copy of your most recent peer review, related letter of comments (if any), and the firm's response to the letter of comments.
8. Comment on your firm's availability to attend one Board meeting to discuss the results of the audit.
9. Provide a competitive fee quote for audit services for fiscal 2008 and any estimates you can provide regarding increases in future years.
10. For reference purposes, please provide the names and contact information of other similar clients of the partner and manager that will be assigned to this engagement.
11. Describe how and why your firm is different from other firms being considered.

 

The Town of Rhinebeck will evaluate proposals on criteria including: references, expertise, peer review, fees, timeliness in response, and possible interview with the partner and manager assigned to this engagement.  The Town reserves the right without prejudice to reject any or all proposals.

 

3. Tennis RFP   

Request for Proposals

 

The Town of Rhinebeck is requesting proposals from qualified professionals to provide tennis programs for 2009. The programs are to be delivered on the four municipal tennis courts. The term of this engagement is for one year with an optional two additional years.

 

Your firm is invited to submit four hard copies of a proposal to us by 5PM, Monday March 16, 2009.  Please address your proposals as follows:

 

Requests for additional information, visits to our site, review of prior financial statements and recordkeeping should be coordinated through Alice Cunningham who can be reached at 845-876-9526.

 

Your Response to This RFP

We request the following information:

 

12. Detail your experience in providing tennis programs.
13. Identify the staffing requirements and the qualifications of each individual position involved in providing these programs including experience, education, and training.
14. Discuss your commitment to staff continuity.
15. Describe the programs that you will provide including the eligibility and fees.
16. Describe how you will provide youth tennis instruction.
17. Describe how you will provide adult tennis instruction.
18. Describe how you will provide youth match play.
19. Describe how you will provide adult match play.
20. Describe how you will schedule the use of the tennis courts.
21. Describe how and when you will conduct a USTA sanctioned tournament.
22. Describe the amenities and equipment that you will need the town to provide.
23. Describe how you will administer registration and fee collection.
24. Describe how and when you will remit 15% of the fees to the town.
25. Detail the communication process that you will use to promote and coordinate town tennis programs.
26. Provide any applicable references.

 

The Town of Rhinebeck will evaluate proposals on criteria including: references, experience, plans, fees, timeliness in response, and possible interview. The Town reserves the right without prejudice to reject any or all proposals.

 

Bruce explained we have 4 courts that should be utilized better.  The Recreation Committee would like to see a spring or fall tennis tournament.  Dan motioned and Ellen seconded to run ad in the paper for above proposal.  All were in favor. 

 

4. Multi use center Bruce explained that another weather shelter is needed down at the pool.  The original estimate for a 40 X 80 foot shelter was $150,000.  Now he and Bob Fitzpatrick figure if our maintenance guys build it would cost about $35,000 for materials.  We need to have Morris & Associates draw up plans.  Dod asked why we are considering this now.  Bruce said that during thunder storms or rainy days that camp has to be cancelled.  It would be nice to keep it open for working parents.  We also need an area for children to get away from the constant sun exposure.  The safety of our kids is an ongoing concern which should be addressed.  Ellen asked where the money is coming from and Bruce said there is a capitol project.  Dan moved with Dod seconding to have Morris & Associates give us an estimate for building a 40 X 80 foot shelter.  All were in favor.
5. Dod motioned and Ellen seconded to approve February Abstract 2B, vouchers 201-294 and 297-299, checks 4597-4649 for $151151.68.  Dan feels that vouchers 295 and 296 maybe double billing from Morris & Associates.  Dod questioned why the Town is paying for half of the Koff subdivision fee to Grant & Lyons. Dan explained that John Lyons was working on this for the Board before Gellert & Klein was hired.    Bruce questioned why so many 2008 charges.  All were in favor of original motion.
6. On motion from Dod and second from Ellen the February 9^th Town Board meeting minutes was unanimously approved.
7. Acceptance of Gardens Line of Credit extension.  Pam Richardson stated the line of credit did come in before the due date of February 12, 2009.  Frank Cutolo from the Gardens feels like the Town has let the homeowners down by issuing a C.O. with so many existing violations.    The Phase II roadway fence has been removed and the area is totally open to vandals. This area has the potential to become another Holy Cross situation.  Please use your power to secure the area and improve the road; Garden Way connects Rhinecliff Road and Astor Drive and it is falling apart.  

 

 BOARD MEMBER Dan Staley motioned and Bruce Washburn seconded to approve following:

 

            WHEREAS, the Town Board of the Town of Rhinebeck previously accepted a Letter of Credit from Chinatrust Commercial Bank, Irrevocable Standby Letter of Credit No. IDP100033 in the amount of $678,822.49 on behalf of Grand Pacific Finance Corp. to guarantee completion of public improvements for the Gardens at Rhinebeck project as previously approved by the Town and the Town of Rhinebeck Planning Board; and

            WHEREAS, the Letter of Credit was set to expire upon its terms at the close of business on February 12, 2009; and

            WHEREAS, Grand Pacific obtained an amendment to the existing Letter of Credit from Chinatrust Commercial Bank dated February 10, 2009 extending the Letter of Credit for an additional six months until August 12, 2009 which was received by the attorney for the Town on February 11, 2009 prior to the expiration date thereof; and

            WHEREAS, it is in the best interest of the Town at this time to accept the amendment to the Letter of Credit extending its expiration for an additional six months.

            NOW THEREFORE, be it resolved that the Town Board of the Town of Rhinebeck hereby accepts the amendment to the Irrevocable Standby Letter of Credit No. IDP100033 of Chinatrust Commercial Bank to expire on August 12, 2009.

Councilman Dod Crane aye

Councilman Dan Staley aye

Councilwoman Ellen Silverstein aye

Councilman Bruce Washburn aye

Supervisor Thomas Traudt  

 

DISCUSSION

 

1. Bruce would like to start discussion on the financial process walk through.  Tom said Shelly and Kim visited Hyde Park bookkeeping this morning and saw their process.  He then suggested a workshop session.  On motion from Dan and second from Bruce a workshop was set for March 5^th at 5:00.  All were in favor. 
2. Update from Counsel on Rhinecliff Boardwalk/bridge.  Pam Richardson needs more factual background: who built it, is there a maintenance agreement.  It is not clear if it qualifies as a bridge.  She will report back to the Board later.
3. Building Department truck Dan reported that there is a 2002 Ford Ranger available from the highway department.  He and Kathy have agreed that it is worth $3,000.  He will talk to Shelly about transferring it from highway to building and or maintenance. 
4. Dog Control Officer  Ellen has asked the Dutchess County SPCA to submit a proposal for dog control coverage in the Town. Their price is $15,000 annually for 24/7 coverage.  There have been many complaints received that our current Dog Control Officer.  Tom said he is not available during the day and can only be reached after he gets home from work.  When he is not available then policemen have to handle the complaints.  Michelle Donner feels it is a great idea to switch to the SPCA.  Elizabeth Spinzia wants a no kill agency.  Ellen tried to get Roger to come tonight and he did not respond.  Pam will review the proposed SPCA contract.      
5. Quitman House/Winnakee easement   Dan asked Pam to review and report back at our next meeting.  Pam stated a permissive referendum is necessary.  She needs more time to review. 
6. Escrow policy  Dan explained that Local Law 2 of 2006 requires consultants do analysis of project and then deposit 2% with application.  Pam suggested have the Town Board adopt a fee schedule of escrow deposits fees; this works much more efficiently, makes for a smoother process.  We might need a new local law. 
7. Senator Gillibrand appropriations request for Vanderburgh Cove.  Dod told the Board that he has received a one week extension to February 27^th to submit application for a stimulus fund grant for Vanderburgh Cove Sewer District.  He spoke with Town Board members during the week and the engineers are currently working on this packet.  One support letter is required to be submitted with the package.  Tom suggested the Dutchess County Department of Health.  Dod suggested submitting this on behalf of the homeowners.  It was agreed to follow through with this application.
8. Dod motioned and Ellen seconded to authorize Supervisor to sign Stop & Shop Sewer & Water Work, Inc Escrow agreement.  All were in favor.

 

EXECUTIVE SESSION

 

Ellen motioned with Dod seconding to go into executive session pursuant to Public Officers Law Section 105(1) (f) to discuss a personnel matter and the Gillibrand appropriation for Vanderburgh Cove.  Motion carried unanimously.  

 

ADJOURNMENT

 

At 10:55 the Board came out of executive session and on motion from Dan and second by Dod the meeting was unanimously adjourned.

 

Respectfully submitted

 

 

Barbara Cunningham