Town Board Meeting Minutes 08-07-2008

TOWN OF RHINEBECK SPECIAL MEETING MINUTES

DATE: August 7, 2008

PRESENT: Supervisor Tom Traudt Warren Replansky

Councilman Dod Crane Graham Trelstad

Councilwoman Ellen Silverstein Michael Zarin

Councilman Dan Staley Sally Mazzarella

Councilman Bruce Washburn Ted Fink

Counsel Pam Richardson 7 residents

 

 

The Supervisor opened this meeting at 4:30 pm in the Village Hall. Tom explained this meeting is to review the protocol for the August 14^th scoping session for the Comprehensive Plan at the High School.

 

Warren Replansky would like to discuss how the dais will be set up and who will chair the meeting for next Thursday's scoping session. Michael Zarin said typically there is a welcoming by the Supervisor and then a presentation of the overview of the proposal and the draft scoping document. Then someone on staff acts as moderator for the meeting. The scoping is to obtain people's comments; it is not meant to be a 2 way dialogue. The Town Board is only receiving information. The Board then reviews the written and spoken comments and makes the necessary revisions. This is not a public hearing for the Comprehensive Plan. It is a fairly uniform procedure. Usually a 3-5 minutes time limit is set at the beginning of the meeting with a 10 day period following the August 14^th meeting for written comments. This session is for the Town Board to receive the public comments on the scoping document only.

 

Tom is concerned about residents being on vacation this time of year. Warren stated if we have another meeting, the timeline will not be met. Usually there are not that many comments at the scoping session. The other issue is the chair of the meeting. He/she must be responsible for keeping the comments on track. It might be a better idea to have one of the consultants chair the meeting. A sheet will be available for speakers to sign in. Each speaker should also print their name on an index card. Ted said the public comment period is from July 16-August 25, 2008. Written comments are given the same weight as spoken comments.

 

Dod suggested Tom open the meeting with either Michael or Warren chairing the meeting. Tom does not see the necessity of taking the chair from the Board. Tom will chair the meeting and give a welcoming statement and explain the purpose of the scoping session. The chair will call names in order of sign in. Each resident needs to identify themselves and will be given 3-5 minutes to speak. Once everyone has spoken then the speakers can come back up if they wish. Speakers need to address the content of the Scoping document for the DGEIS. Ted will present a brief overview of the Zoning Law and Fresh Water Wetlands law and changes to the Comp Plan. Graham will focus on the scoping document. Warren will do a condensed version of public notice (SEQR) and chronology of how we got to this point. He will address the remaining steps to complete the adoption and SEQR process and purpose of scoping process. Sally is pleased there will be many voices in the presentation; it sets a better tempo and keeps the audience alert. Michael's experience in the scoping session is it really doesn't matter what you present the public will give whatever comments they want. Don't worry about censoring people. When the Town Board is lead agency there is more flexibility in the process. Sally agrees, it is important to not stop people from speaking. While addressing the Town Board, the public needs to understand that all comments might not be in final scoping document. Warren feels the consultants should not respond to any comments. We do not want to get into dialogue with the public. Tom will open the public comment period when the presentations are complete and give the ground rules.

 

Graham and Ted must have the DGEIS ready for review by the October 4^th public hearing. They can start writing the final scope and then add comments. By mid September the final scope and DGEIS hopefully will be complete. County Planning has agreed to a rolling application and Warren is keeping them updated.

 

Graham handed out an SEQR schedule as follows:

August 14^th Scoping Session

August 25^th close of comment period

September 8^th Town Board adopts final scope

September 26^th DGEIS submitted for Town Board review

October 4^th first public hearing on Comp Plan/Zoning

October 7^th public hearing with Town Board declaring DGEIS

complete and schedules public hearing.

October 28^th DGEIS public hearing

November 14^th close of DGEIS comment period

November 17^th Town Board meeting

December 12^th FGEIS submitted for Town Board review

December 16^th Town Board declares FGEIS complete

December 30^th Town Board adopts findings, end of SEQR process

 

Dod questioned if this schedule is doable. Warren stated it is a very ambitious schedule; SEQR must be done thoroughly. Graham and Ted feel the goal is attainable. Some members of the Board seem to be worried about the legal defense of the Comp Plan. Graham reassured the Board that we have prepared several plans which have won in the courts. We know what we are doing and it will be as comprehensive as possible. This is usually a 3 month process but the Comp Plan Committee has already done a lot of our work for us. The affordable housing issue still needs to be resolved.

 

Sally said there are alot of unknowns. Until the process starts, we really don't know complications. The Comp Plan Committee is doing a lot of work so the consultants can move forward. We must be responsive to the community. Michael said the FEIS must respond to all comments. If the Town Board is looking at the Yorktown law suit and worried about defending Rhinebeck's Comp Plan, they are two separate issues. In Yorktown the FEIS was negligent. We will give you a document that is legally defensible. We need to get to the SEQR process for the public's valuable input. Michael feels any legal concerns should be addressed in Executive Session.

 

Warren is concerned if alternate plans are being considered. Changes are not a simple process. Each change requires re-documentation. Graham said the focus now is the Comp Plan/Zoning then the EIS will be addressed.

 

Ellen wants to make sure the Board has time to digest all the comments. Dan feels we owe it to the community to move forward. The Board is eager and ready to start this process. Dod asked when the public can see the DGEIS and Graham feels around mid October. Sally wants to make sure the Planning Board is on board. She has offered our services and will reach out to them again and impose a date that they must give us a written response.

 

This will be the first major project for our LWRP. We need to make sure the CAC is prepared. Dan asked how the CAC can pass judgment on this document. Warren said they will only make recommendations. Michael stated the consultants will give the Town Board a 1 page memo on the LWRP process. Since Rhinebeck has an LWRP law in place; the CAC is the local authority and not the state. You are in charge of your own destiny which is great. The procedural referral is necessary from the CAC per LWRP guidelines. The County and Planning Board must also give written recommendations. Tom said any comments can be emailed or mailed to Town Hall.

 

At 6:50 the Board went into executive session on motion from Dod and second from Ellen to discuss the Gardens Line of Credit. All were in favor.

 

At 7:40 the Board returned to regular session on motion from Dod and second from Ellen. Passed unanimously.

 

Pam Richardson read the following resolution pertaining to the Gardens Line of Credit

WHEREAS, the Town Board of the Town of Rhinebeck previously accepted a Letter of Credit from China Trust Commercial Bank No. IDP100033 in the amount of $678,922.49, 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 is set to expire on August 12, 2008; and

WHEREAS, the Developer is in default and has failed to completed the performance of the work required for the completion of the work on the road to be dedicated to the Town of Rhinebeck and/or the completion of all improvements in a subdivision known as the "Gardens at Rhinebeck" in accordance with plans, specifications and other documents filed with the Planning Board, conditions of Subdivision, site plan and/or special approval, and/or any security agreement entered into between the Project Developer and the Town of Rhinebeck; and

WHEREAS, the Developer has requested an extension of expiration date of the Letter of Credit; and

WHEREAS, the Attorney to the Town and the Engineer to the Town have confirmed in writing that the Developer is in default and has failed to complete the required improvements;

NOW THEREFORE BE IT RESOLVED, that the Town Board hereby declares the Developer in default for failure to complete performance of the work required for the completion of the work on the road to be dedicated to the Town of Rhinebeck and/or the completion of all improvements in a subdivision known as the "Gardens at Rhinebeck" in accordance with plans, specifications and other documents filed with the Planning Board, conditions of Subdivision, site plan and/or special approval, and/or any security agreement entered into between the Project Developer and the Town of Rhinebeck.; and, be it further

RESOLVED, that the Town Supervisor and the Attorney to the Town are authorized and directed to take whatever steps are necessary to draw upon the existing Irrevocable Letter of Credit No. IDP100033 issued by China Trust Commercial Bank in the full amount of $678,922.49.

MOTIONED BY Dod Crane

SECONDED BY Ellen Silverstein

Dated: August 7, 2008

Roll Call Vote:

Councilman Crane aye

Councilwoman Silverstein aye

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

 

 

 

 

 

At 7:45 on motion from Bruce and second from Ellen this meeting was unanimously adjourned.

 

Respectfully submitted

 

Barbara Cunningham,

Town Clerk