Town Board Meeting Minutes 08-11-08
Posted on: 8/27/2008
Date of Minutes:
08/11/2008
August 11, 2008 Town of Rhinebeck Town Board Minutes
PRESENT: Supervisor Tom Traudt 10 citizens
Councilman Dod Crane
Councilwoman Ellen Silverstein
Councilman Dan Staley
Councilman Bruce Washburn
Counsel Roderick MacLeod
Call to Order
The Supervisor opened the meeting at 6:45 and introduced Emma Cleggs from Troop 78 to lead the audience in the Pledge of Allegiance.
Executive Session:
At 6:47, on motion from Dod and second from Bruce the Board immediately went into Executive Session to discuss the CSI litigation with Town Counsels Roderick MacLeod and Scott Volkman and Planning Board Chair Michael Trimble. All were in favor. At 7:52 the Board went back into the regular session on motion from Dod and seconded by Bruce. Motion carried unanimously.
Announcements
August 14th at 6:30 pm - Comprehensive Plan Scoping Session at Rhinebeck High School Auditorium
August 16th is Rhinecliff Waterfront Days from 11-4
Need volunteers for Waterfront Days, contact Cathy Washburn 876-2244.
Anyone interested in serving on Affordable Housing/Open Space Committee contact Town Clerk for application.
Community Block Grants available in Town Clerk's office. Applications are due back to County by October 3, 2008.
September 7 - Quitman House progressive dinner; contact Brenda Klaproth at 876-2463 for tickets.
Rhinecliff Hotel was given their Certificate of Occupancy this week.
Homeowner applications available in Town Clerk's office for Rebuilding Together in Dutchess County (formerly Christmas in April)
Business before the Board
- CSI Article 78 Proceeding
Scott Volkman, Gellert & Klein counsel, explained the Article 78 proceeding. CSI is challenging the August 4th, 2008 Planning Board decision not to accept their application. They are also challenging the moratorium; the building footprint is 10,000 square feet. We have a settlement proposal for the Town Board and Planning Board. He then read the following resolution and further explained that under our Local Law this variance from the moratorium is legal. This application will be grandfathered in if the new zoning is put in place. This resolution also authorizes the settlement. It also sets the stage for another resolution and a public hearing on September 8th at 7:00 pm.
Dod motioned to table this resolution and vote later so the Comprehensive Plan legal counsel can review and make the appropriate recommendations, then the Town Board can move forward. No second. Scott Volkman explained part of the resolution accepts the variance application which will then be sent to the various parties; e.g. Comprehensive Plan Committee. This is a conditional settlement. There will be changes for later review. Dod feels it needs to be validated by those who wrote the Comp Plan. Dan pointed out this new building would be allowed in the new zoning if it meets the criteria of the law. Dod still fells it would be prudent for it to be reviewed. Scott reminded the Board it is not appropriate to bring Executive Session advice into the public meeting.
RE: AUTHORIZING SETTLEMENT OF CSI DEVELOPERS, LLC VS. THE PLANNING BOARD OF THE TOWN OF RHINEBECK, TOWN ATTORNEY FOR THE TOWN OF RHINEBECK AND THE TOWN OF RHINEBECK AND CSI DEVELOPERS, LLC VS. TOWN OF RHINEBECK AND THE TOWN BOARD OF THE TOWN OF RHINEBECK
WHEREAS, CSI Developers, LLC, has an application pending before the Town of Rhinebeck Planning Board to develop the first floor of a two story building for a 7,995 sq. ft. commercial building; and
WHEREAS, the Planning Board determined that the second floor was in fact usable and therefore the building exceeded 8,000 sq. ft and was therefore, subject to the Town of Rhinebeck Moratorium being Local Law No. 6 of 2007; and
WHEREAS, the petitioner, CSI Developer, LLC, filed an Article 78 proceeding on or about June 18, 2008, challenging the determination of the Planning Board; and
WHEREAS, on or about August 4, 2008, CSI Developers, LLC, filed an action seeking to declare the Moratorium, Local Law No. 6 of 2007, as amended as invalid and unconstitutional; and
WHEREAS, the Town Board has considered a "So Ordered Stipulation" which would conditionally settle the existing litigation and discontinue both of the above referenced proceedings on the terms set forth in the Stipulation annexed hereto; now therefore, be it
RESOLVED, that the Attorney to the Town and the Town Supervisor being hereby are authorized to enter into such a Stipulation as to substantially the same form as annexed hereto; and, be it further
RESOLVED, that this Resolution is further contingent upon the Planning Board authorizing settlement upon the same terms and conditions.
Motioned by Board Member Dod Crane
Seconded by Board Member Bruce Washburn
Dated: August 11, 2008
Roll Call Vote:
Councilman Crane nay
Councilwoman Silverstein aye
Councilman Staley aye
Councilman Washburn aye
Supervisor Traudt aye
Motion carried 4-1.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
---------------------------------------------------------------------
In the Matter of the Application of
CSI DEVELOPERS, LLC,
Petitioner,
For a Judgment Pursuant to
Article 78 of the Civil Practice Law SO ORDERED
& Rules, STIPULATION
- against -
Index No. 4377-08
THE PLANNING BOARD OF THE
TOWN OF RHINEBECK, TOWN
ATTORNEY FOR THE TOWN OF
RHINEBECK and THE TOWN OF
RHINEBECK,
Respondents.
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- CSI moratorium variance application. Scott Volkman stated this is a variance from Local Law 6 of 2007. The resolution only accepts the application. The various committees can report back to the Town Board. The Town Clerk will send a packet to the Dutchess County Planning, Comp Plan Committee, CAC, Planning Board, Town engineer, and planner. The decision must be made by October 14, 2008.
TOWN OF RHINEBECK
TOWN BOARD RESOLUTION
RE: ACCEPTING THE APPLICATION OF CSI DEVELOPERS, LLC FOR A VARIANCE FROM LOCAL LAW 6 OF 2007, AS AMENDED
WHEREAS, CSI Developers, LLC, has submitted an application to the Town Board of the Town of Rhinebeck, seeking a variance from Local Law No. 6 of 2007, as amended, to pursue a site plan application to the Planning Board, which would otherwise be subject to the Moratorium based upon the size of the commercial building which is in excess of 8,000 sq. ft of gross floor area; and
WHEREAS, CSI Developers, LLC, has submitted a complete application through their attorney Cuddy & Feder, LLP, in accordance with Section 6 of said Local law; now, therefore be it
RESOLVED, that the Town Clerk be and is hereby is directed to forward a copy of the proposed application to the following agencies for their advice and recommendations thereon;
1. Dutchess County Department of Planning
2. Town of Rhinebeck Planning Board;
3. Town of Rhinebeck Comprehensive Plan Committee
4. The Attorney to the Town;
5. The Town's Engineers; and
6. The Town Planner; and
7. Town of Rhinebeck C.A.C.; and, be it further
RESOLVED, the application also be referred to Dutchess County Department of Planning for purposes of General Municipal Law Section 239(l) & (m); and, be it further
RESOLVED, that the Town Board hereby schedules a Public Hearing on the application for variance for September 8, 2008 at 7:00 p.m.; and, be it further
RESOLVED, that this Resolution is contingent upon the Planning Board authorizing settlement of the action entitled CSI Developers, LLC vs. The Planning Board of the Town of Rhinebeck, et al., Dutchess County Index No.: 4377-08.
Motioned by Board Member
Seconded by Board Member
Dated: August 11, 2008
Roll Call Vote:
Councilman Crane nay
Councilwoman Silverstein aye
Councilman Staley aye
Councilman Washburn aye
Supervisor Traudt aye
Motion carried 4-1
- Dod motioned and Ellen seconded to approve July 14th, July 21st and July 28th meeting minutes as submitted. All were in favor.
- Ellen moved with Dod seconding to raise mileage allowance to 58 ½ cents per IRS guidelines, effective August 1, 2008. Passed unanimously.
- Grasmere Phase III update. Dan told the Board the Cemetery Committee has approved Phase III. Steve Mensch and Meg Crawford have been working with the committee. Roderick needs to review. Dan motioned and Dod seconded to start the SEQR process on Phase III. Rod explained the Town Board should be lead agency and he will draft a resolution for the August 21st meeting.
- Comprehensive Plan public hearings for October 4, Saturday at 10 am and October 7th, Tuesday at 7 pm. were unanimously set on motion from Dod and second from Ellen.
- Gardens Letter of Credit. Scott explained that this resolution basically rescinds the August 7th action. The escrow check for $37,461.81 has been received and Rod will give to the Town Clerk tonight.
WHEREAS, the Town Board of the Town of Rhinebeck previously accepted an Irrevocable Letter of Credit from China Trust Commercial Bank No. IDP100033 in the amount of $678,822.49 on behalf of Grand Pacific Finance Corp. ("Grand Pacific") to guarantee completion of public improvements for the Gardens at Rhinebeck project as previously approved by the Town Board 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 August 12, 2008; and
WHEREAS, on August 7, 2008, the Town Board declared the Grand Pacific in default and authorized the Town Supervisor and Attorney to the Town to draw upon the full amount of the Letter of Credit; and
WHEREAS, Grand Pacific has obtained an amendment to the existing Letter of Credit from China Trust Commercial Bank dated August 7, 2008 extending the Letter of Credit for an additional for six(6) months until February 12, 2009; and
WHEREAS, it is in the best interests of the of Town, at this time to accept the amendment to the Letter of Credit extending its expiration date for an additional six (6) months; now, therefore be it
RESOLVED, that the Town Board of the Town of Rhinebeck hereby rescinds its Resolution adopted on August 7, 2008 declaring Grand Pacific in default and authorizing a draw on the full
class=Section2>
amount of the Letter of Credit ; and be it further
RESOLVED, that the Town Board of the Town of Rhinebeck hereby accepts the amendment to the Irrevocable Standby Letter of Credit No.: IDP100033 from China Trust Commercial Bank to expire on February 12, 2009.
Motion by Dod Crane Seconded by Ellen Silverstein
Councilman Crane aye
Councilwoman Silverstein aye
Councilman Staley aye
Councilman Washburn aye
Supervisor Traudt aye
Motion carried 5-0.
8. Dod motioned and Ellen seconded to approve Capitol Proj 27 Docks
Morris Associates $27.75
Williams Lumber 22.72
$50.47
Cap Proj 38 - Parks/Rec/Pool Morris Associates $843.38
Gellert/Klein 70.00
Williams Lumber 245.16
Dive Cincinnati 64.56
Fowler/Keith 64.00
Rhinebeck Rental 121.00
Williams Lumber 18.53
TOTAL $1,426.63
Cap Project 43 - Stone Church Fields Dave Long Electric $2,100.00
Cap Project 62 - Rhineson Property LA Group $1,305.99
All were in favor.
9. Dan moved and Ellen seconded to approve Abstract # 8 vouchers 822-912, checks 3803-3866,3866,3538,3666,3770 and 3781 for $130,292.22. All were in favor.
- Bruce explained that Jack Conklin and Herman Tietjen have been working on this project.
Whereas the Town has received a $14,000 grant from Steve Saland's
office; and
Whereas the dock is in need of 6 bulkhead fenders, chains, cables and
metal eye hooks to fasten the bulkhead; and
Whereas an estimate from Gilman Corporation has been received for
$10, .000.00;
Now, therefore be it resolved that the bookkeeper is authorized to
purchase 6 ship and dock fenders, chains and metal eye hooks for
$10,000.00
Dan motioned and Dod seconded to approve above resolution. Dod asked if these are in all year and Dan said they are taken out for the winter. All were in favor.
Discussion
Update on bike rack at dock - Dan has asked the Rotary to help us out but they did not have a quorum at their last meeting so no decision was reached. Cynthia Baer would like the $775 bike rack that matches the existing benches. With summer almost coming to an end does the Board want me to continue to pursue with the Rotary or should we just buy it. Consensus was to get any financial help that is available.
Creating position of alternate planning and/or zoning board member - Dan explained that the Planning Board Chairman has a member who is pregnant and she will not be available for several months. They have had some trouble getting a quorum at times. Dan asked Roderick to research this matter to make sure this is legal. Ed Feldweg said LaGrange has alternates for their planning and zoning boards and it works fine. The alternate is charged with attending every meeting and if needed steps up as a voting member.
Terry Gibson who resides at 84 E. Market Street is concerned about the police security in the Town and Village. There was an incident in front of Town Hall and early Sunday morning when a car crashed into the barrel planter at Town Hall and over several lawns. He asked anyone with information please contact the Rhinebeck Police Department. The absence of local police sends a message to the public that we are not protected. Bruce told Mr. Gibson that the police and trooper already have a suspect. Tom pointed out there are ways to handle this, full time is not the only option. It does need to be addressed though. Bruce thinks a new service level agreement is needed.
Adjournment
At 8:57 on motion from Dan and second from Ellen this meeting was unanimously adjourned.
Respectfully submitted,