Town Board Meeting Minutes 10-11-2011

OCTOBER 11, 2011 TOWN OF RHINEBECK TOWN BOARD MEETING MINUTES

 

PRESENT:  Supervisor Tom Traudt                     9 residents

                    Council woman Gina Fox

                    Councilman Joe Gelb

                    Councilman Dan Staley

                    Councilman Bruce Washburn

 

At 6:45 the Supervisor opened this meeting at the Morton Library and led everyone in the Pledge of Allegiance. 

 

ANNOUNCEMENTS

 

October 15^th from 9 am - 3 pm   Thompson Mazzarella Park volunteer workday - RSVP to Bob Wills at 876-2298

 

October 17^th and October 19^th at 5:30 Town Board 2012 Budget Workshops

 

October 22^nd - Fall Foliage Marathon registration packets may be picked up between 11-6.  Registration is ongoing until 9 a.m. on race day.

 

October 23^rd - Fall Foliage Marathon 5K and ½ mile starting at Starr Library at 10 a.m.

 

October 29^th   - Drug Take Back Event at Northern Dutchess Hospital from 10a.m. - 2 p.m. (bring unused and expired medications) for more information visit www.dea.gov

 

PRESENTATION

 

Palmiter Benefits Group - Health Insurance

 

The Supervisor introduced Brad Palmiter and Marybeth Cale from Palmiter Benefits Group.  Brad explained our office is your back-office Human Resources Department for your health insurance needs.  Our allegiance is to the Town and we are your advocates for the best product and the best prices offered.  Unfortunately, our proposal for the same coverage next year is a 16.65% increase; medical inflation being 12% of that.  Gina asked if Palmiter's  commission of 6% rate is negotiable and Brad replied no; groups under 50 are not negotiable.  There are a few alternatives which would help your costs next year; a high deductible health plan which would save on premiums, switching to an EPO (in network providers only) from your current PPO (out of network providers) program, a preventative prescription rider and an extensive review of options with other carriers.   Many groups are going to a high deductible program. 

 

Bruce is concerned about the retirees health costs that are not included in these calculations.  Marybeth explained that retiree rates cannot be accurately looked now because Medicare rates are not available until January 2012.  Currently the monthly cost for 8 single retiree policies is $2,701. 

 

Brad also suggested another cost saving measure may be to deduct $300 from the Town's funding portion which would force each employee to complete the Wellness Care Program which pays $300 per year per family.  The out of pocket cost to the employees would remain the same if they did the Well Care Program.   Some employers are now charging a certain percentage to their new employees. 

We handle 40 municipalities and most fund at 100%.  Bruce thinks if we are paying 15% more for out of network providers; it is necessary to look at other policies.

 

Proposed Zoning Law Amendments and Changes

 

Joe explained that this proposal is in response to the multiple fees being charged in certain situations.  Art Brod and Planning Board chairman Michael Trimble and I have worked up the following draft and that is what is being presented to the Town Board tonight; it is for discussion purposes only.

 

Richard Kopyscianski asked if the Town is looking at Zoning Law changes and Tom replied the Board is just trying to restructure our fee schedule at this point.  The Comprehensive Plan is a breathing document and modifications should be considered periodically.  Michael Trimble outlined the following draft:

 

Section 1.       Amendment of Town Code Chapter 125, Zoning.

 

            Key:     Language Deleted [xxxxxxxx]

Language Added   xxxxxxxxx

 

Town Code Chapter 125, Zoning, is hereby amended as follows:

 

 

A.                  Within Article IV, Area and Bulk Regulations, Section 125-21, as it applies to Schedule 125 Attachment 3, District Schedule of Area and Bulk Regulations, affix an asterisk (*) to the term Maximum Density in the header of the second column from the left and add the below note to said Schedule:

 

*           Except as specifically provided for in Section 125-23, Maximum Density per Dwelling Unit, of this chapter.

 

 

B.                 Within Article V, Supplementary Regulations, Section 125-37, Sign Regulations,

modify the preamble of Subsection E in the manner set forth below:

 

E.                 Permit procedures.  Any person desiring to procure a permit for a sign shall file with the Zoning [and Planning Office] Enforcement Officer an application form, copies of which are available from said office, accompanied by an application fee payable to the Town of Rhinebeck, in accordance with the current fee schedule.  The application shall contain:

 

 

C.                 Within Article V, Supplementary Regulations, Section 125-38, Fences, Gates and Walls, add a new Subsection G reading:

 

G.                Permit Required.  Prior to the installation of any fence, gate or wall, a permit is required.  An application for such permit shall be filed with the Code Enforcement Officer on an application form, accompanied by both a fee payable to the Town of Rhinebeck in accordance with the current fee schedule and adequate supporting information regarding fence location, height, design and materials to demonstrate compliance with the requirements and standards set forth in this Section.

 

 

D.                 Within Article V, Supplementary Regulations, modify Section 125-39, Excavation as Part of Site Preparation, in the manner set forth below:

 

Section 125-39, Excavation as Part of Site Preparation; Major Excavation Exception.

 

Excavation is any act by which sand, gravel, shale, topsoil or any other similar earth materials are mechanically cut into, dug, quarried, uncovered, removed, displaced or spread. 

 

A.        Nothing contained herein shall prohibit the excavation of sand, gravel, shale, topsoil or any other similar earth materials from a lot preparatory to construction of a building for which a building permit has been issued material, or to move such material from one part of a lot to another part of the same lot, when such excavation or removal is clearly incidental to the approved building construction and/or both integral to implementation of an approved site development plan or subdivision plat and necessary for improving the property for a use permitted in the zoning district in which the property is located.  No such material shall, however, be transported off site nor sold for export from the site, except in compliance with the District Schedule of Use regulations found in Articles III and VI of this chapter.  Provision shall be made to restore an effective cover crop in any area of land from which sand, gravel, shale, topsoil, or any similar earth materials have been removed or covered within the first growing season following the start of such operation.  All excavation and regrading activities shall be in compliance with the requirements of Article V, Section 125-60, of this chapter governing stormwater management and be the subject of an approved sediment and erosion control plan [and Article V, Section 125-42C(1)].

 

B.        A special use permit shall not be required for major excavation when the excavation involves either the installation of an on-site sanitary sewage system serving a single-family or two-family dwelling and for which a permit to construct has been issued by the Dutchess County Health Department or is part of the work governed by another application to the Planning Board for the following:

 

(1)               Special use permit for soil mining under Article VI of this chapter.

 

(2)               Site plan review and approval under Article VII of this chapter.

 

(3)               Subdivision plat review and approval under Town Code Chapter 101, Subdivision of Land, in cases where the major excavation is integral to the installation of required subdivision improvements and not subsequent development of the individual lots.

 

(4)               Wetlands permit review and approval under Town Code Chapter 120, Wetlands.

 

 

E.                 Within Article V, Supplementary Regulations, modify Section 125-40, Development Near Streams, Rivers, Wetlands and Other Water Bodies, in the manner set forth below and, while so doing, change A through G to read 1 through 7:

 

A.        In order to both preserve the open character along major streams and other surface water bodies for environmental and ecological reasons, while fostering conformance with the objectives stated at Section 125-55, Preservation of Natural and Cultural Features: Design Standards, of this chapter, all development activity proposed within the following areas shall be subject to issuance of special use permit in accordance with Article VI of this chapter.  [All applicants for development within or adjacent to wetlands shall also be required to comply with the requirements of Chapter 120 of the Town Code, the Town of Rhinebeck Freshwater Wetlands Law, for which a separate wetlands permit is required.] 

 

B.        In cases where the development activity is proposed to occur entirely within wetlands or adjacent are regulated under Town Code Chapter 120, Wetlands Law, and is subject to compliance with the more comprehensive application submission and permit review and approval requirements set forth therein, a separate application for special use permit under this Section shall not be required. 

 

C.        For purposes of this Section, development activity shall not be construed as including either the normal maintenance of structures of all types in their continuing use or either maintenance which should be performed on a periodic basis, including landscaping of properties, or the substantially identical replacement by design, location, dimension and material of residential site lighting, fencing, walkways, driveways and other site appurtenances on single-family and two-family premises,

 

 

F.                  Within Article V, Supplementary Regulations, add a new Section 125-64.2 reading as follows:

 

Section 125-64.2.     Town Design Standards.

 

No use shall be established through the subdivision, site plan, special permit and other approval processes set forth within this chapter, nor maintained in conformance with this chapter, that does not comply to the extent practicable with the Town of Rhinebeck Design Standards (see Appendix A of this chapter) as determined by the Planning Board during the Board's review of the particular application within its environmental context.

 

 

G.                 Within Article VI, Special Use Permit Requirements, Section 125-66, Application Procedures, modify the preamble of Subsection A, Application and Fee, in the manner set forth below:

 

A.        Application and Fee.  All special use permit applications are made to the Zoning Enforcement Officer (ZEO) in writing, on forms, and in accordance with the review procedures prescribed by this section of the Zoning Law.  In the event that the Zoning Enforcement Officer determines that the application meets all of the requirements of the Zoning Law, the application shall be forwarded, accompanied by such written determination, by the ZEO to the Planning Board for further review in accordance with the provisions of the Zoning Law and/or Subdivision Regulations and the Planning Board's procedures including placement on its next regular meeting agenda for initial presentation and processing as may be timely under the Zoning Law and SEQRA of any application forwarded by the ZEO not less than fourteen (14) calendar days prior to the meeting.  In the event the ZEO finds the application does not comply in one or more respects with the provisions of the Zoning Law, the application shall be denied by the ZEO, with leave to appeal the ZEO's determination to the Zoning Board of Appeals in accordance with the provisions of Article XI of this chapter.  In order to be considered complete, a special use permit application shall be accompanied by the following:

 

 

H          Within Article VI, Special Use Permit Requirement, Section 125-68, Specific Standards for Certain Uses, delete in its entirety Subsection ZZ, Use of the Town's Design Standards.

 

 

I.          Within Article VI, Special Use Permit Requirements, Section 125-69, Rhinecliff Overlay (Rc-O) District, modify Subsection D, Site Plan and Special Use Permit Requirements, in the manner set forth below:

 

D.                Site Plan and Special Use Permit Requirements.  All uses, expansions, modifications and other development of land in the Rc-O Zoning District, not to be construed as including either maintenance which should be performed on a periodic basis of structures of all types in their continuing use, including landscaping of properties, or the substantially identical replacement by design, location, dimension and material of residential site lighting, fencing, signs, walkways, driveways and other site appurtenances on single-family and two-family premises, shall be subject to special use permit and site plan review and approval, in accordance with Articles VI and VII of this chapter.  Within the Historic Preservation (HP20), Residential Low Density (RL5) and residential Medium Density (RM1) Zoning Districts, the Planning Board may waive some or all of these requirements, in accordance with Subsection E(11) herein.

 

 

J.         Within Article VII, Site Plan Review and Approval, Section 125-73, Uses Subject to Site Plan Approval, modify Subsection A in the manner set forth below:

 

A.                 All special permit uses cited in the District Schedule of Use Regulations and accessory uses to special permit uses, or as identified herein, shall be subject to site plan review and approval, with this provision not to be construed as requiring site plan review and approval by the Planning Board for either maintenance which should be performed on a periodic basis of structures of all types in their continuing use, including the landscaping of properties, or the substantially identical replacement by design, location, dimension and material of site appurtenances such as fencing, signs, walkways and driveways but not to include the replacement of either off-site commercial or other advertising signs or non-complying lighting.

 

 

K.                 Within Article VII, Site Plan Review and Approval, Section 125-73, Uses Subject to Site Plan Approval, modify Subsection F in the manner set forth below:

 

F.                 For uses that require site plan approval, a change of intensity of use, a change of signage or lighting, a change in the amount of floor area devoted to an existing use, or the addition of a new business use or activity (e.g. creating a greater number of dwelling units, increasing the amount of retail space or other floor area available to customers, or additional seating in a restaurant or place of public assembly) or increased demands on water supply, sanitary sewage disposal, stormwater management, and zoning compliance.

 

This requirement shall not be construed as applying to either the substantially identical replacement of an existing sign or the proposed installation of a new sign which has been determined by the Zoning Enforcement Officer to be in compliance with the standards set forth within Article V, Section 125-37, of this chapter as to authorized number, maximum square footage and location of signage on the property, and has been reviewed by the Planning Board and determined to be consistent with the Town's Design Standards.

 

 

L.                  Within Article VII, Site Plan Review and Approval, modify Section 125-74, Sketch Plan Conference, in the manner set forth below:

 

A sketch plan conference between the Planning Board and the applicant shall be held to initially review the basic design concept and generally determine the extent of site plan review anticipated to be necessary for the intended project and to review the checklist set forth within Section 125-75, of this chapter to identify the minimum level of information to be initially required on the site plan and in accompanying reports, and accordingly the extent of waivers from the checklist which may be granted upon full review of the application under this chapter and SEQRA. 

 

At the sketch plan conference, the applicant shall provide a written statement and/or rough sketch describing what is proposed, including an indication of all existing structures and uses, if any, on the site. 

 

The Planning Board shall additionally employ the sketch plan conference as an opportunity to discuss with the applicant the site plan design criteria set forth in Article VII, Section 125-76, the complementary Design Standards adopted by the Town Board and considered an integral part of this chapter, and the [extent] relationship of the SEQR review process [for] to the application and the documentation required.  The sketch plan conference shall neither be deemed to be either an endorsement or preliminary or other approval of the proposed project by the Planning Board nor substitute in any way for required review of the application for site plan approval by the Zoning Enforcement Officer.

 

 

M.                 Within Article VII, Site Plan Review and Approval, Section 125-75, Application for Site Plan Approval, modify Subsection A, in the manner set forth below:

 

A.                 All site plan applications are made to the Zoning Enforcement Officer (ZEO) in writing, on forms, and in accordance with review procedures prescribed by this section of the Zoning Law.  In the event that the Zoning Enforcement Officer determines that the application meets all of the requirements of the Zoning Law, the application shall be forwarded, accompanied by such written determination, by the ZEO to the Planning Board for further review in accordance with the provisions of the Zoning Law [and/or Subdivision Regulations] and the Planning Board's procedures including placement on its next regular meeting agenda for initial presentation and processing as may be timely under the Zoning Law and SEQRA of any application forwarded by the ZEO not less than fourteen (14) calendar days prior to the meeting.. In the event the ZEO finds that the application does not comply in one or more respects with the provisions of the Zoning Law, the application shall be denied by the ZEO, with leave to appeal the ZEO's determination to the Zoning Board of Appeals in accordance with the provisions of Article XI of this chapter.  [The Zoning Enforcement Officer shall refer the applicant to the Planning Board for site plan review and approval in accordance with Section 274-a of the Town Law and the more specific design standards and review procedures set forth in this article.]

 

 

N.                 Within Article VII, Site Plan Review and Approval, Section 125-75, Application for Site Plan Approval, modify the preamble to Subsection C by deleting in its third sentence the language "shall be submitted at least 21 days prior to a scheduled regular meeting of the Planning Board and".

 

 

O.                Within Article VII, Site Plan Review and Approval, Section 125-77, Planning Board Review of Site Plan, modify the opening sentence in the manner set forth below:

 

The Planning Board's review of the site plan shall include, to the extent deemed appropriate by the Planning Board, the following considerations:

 

 

P.                 Within Article VII, Site Plan Review and Approval, Section 125-78, Planning Board Action on Site Plan, modify Subsection D, Expiration of Approval, Paragraph (1) subparagraph (a) in the manner set forth below:

 

(a)       The site plan, accompanied by documentation acceptable to the Planning Board Chairman of the satisfaction of all conditions and/or requirements of the Planning Board's approval resolution, is not submitted for stamping and signature by the Chairman within six calendar months of the Planning Board's resolution of site plan approval, with or without modifications.

 

 

Q.                Within Article V, Supplementary Regulations, modify Section 125-37, Sign Regulations, Subsection F, Exempt Signs, by adding Paragraph (11) reading as follows:

 

(11)             Construction signs, limited to one (1) unlighted sign not exceeding twelve (12) square feet in surface area and identifying the parties involved in the design, financing and/or provision of labor and materials associated with the labor on the premises where the sign is located, but not including the advertisement of any product.  Such sign shall be removed prior to the issuance of a certificate of occupancy authorizing the initiation of intended use of the premises.

 

 

R.                 Within Article XIII, Definitions, Section 125-35, Terms Used Throughout Chapter, add in proper alphabetical sequence the below definition:

 

MAINTENANCE - Act of preserving or keeping a structure and/or site in appropriate condition for its intended use.

 

 

Section 2.       Effective Date.

 

This Local Law shall take effect immediately upon filing with the New York State Department of State in the manner prescribed by law.

 

 

 

BUSINESS BEFORE THE BOARD

 

1. Dan motioned and Bruce seconded to approve Abstract 10, vouchers 1050-1089 for $56,460.93.  All were in favor.

 

2. On motion by Bruce and second by Gina the Town Board meeting minutes of September 12^th, September 26^th, September 27^th, and October 4^th were unanimously approved.

 

3. Dan motioned with Bruce seconding to authorize Supervisor to sign legal service agreement with John Lyons for Astor Rhinebeck Associates, LLC v Town of Rhinebeck at the rate of $200 per hour plus dollar for dollar expenses incurred.  Motion carried unanimously.

 

4. Approve amendment to Town Hall Solar contract and authorize Supervisor to sign said amendment.

 

RE: PHOTOVOLTAIC ARRAY DESIGN & INSTALLATION AT THE

TOWN HALL (NYSERDA Grant Nos. 19432 under RFP 10)

 

BY BOARD MEMBER Dan Staley

 

WHEREAS, the Town of Rhinebeck (the "Town") has entered into an amended

Agreement No. 19432 under RFP 10 dated as of April 1, 2010 with the New York State Energy Research and Development Authority ("NYSERDA") for Photovoltaic Installation solar panels at the Town Hall; and

 

WHEREAS, the Town entered an agreement dated as of August 15, 2011, with Clean

Energy Solutions, Inc. and Sun Source Technologies Inc. (collectively "Lighthouse Solar") relating to the design and installation of solar panels on the roof of the Town Hall pursuant to NYSERDA Grant No. 19432 under RFP 10 ("Agreement"); and

 

WHEREAS, there has been a change in the model number and the number of solar

panels to be installed at the Town Hall, as show in the attached AMENDMENT NUMBER ONE to the Agreement;

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes

Supervisor Traudt to sign AMENDMENT NUMBER ONE to the Agreement with Lighthouse Solar in substantially the same form as annexed hereto.

 

SECONDED BY BOARD MEMBER Bruce Washburn

 

Joe stated this amendment is necessary since the original model is no longer available 

 

ROLL CALL VOTE

Councilman Gelb aye

Councilwoman Fox  aye

Councilman Staley  aye

Councilman Washburn aye

Supervisor Traudt aye

 

5. Authorize Supervisor to sign Amendment #1 for Solar panels at Town Hall.

 

AMENDMENT NUMBER ONE TO AGREEMENT FOR PROFESSIONAL SERVICES Solar Panels, Town of Rhinebeck Town Hall

 

(NYSERDA Grant No. 19432 under RFP 10)

This Amendment Number One, dated as of October 11, 2011, is to the

Agreement dated as of the 15th day of August, 2011 (the "Agreement"), among the

TOWN OF RHINEBECK, a municipal corporation located at 80 East Market Street,

Rhinebeck, NY, 12572, hereinafter referred to as "Town" and SUN SOURCE

TECHNOLOGIES INC., doing business as Lighthouse Solar ("Sun Source") having an

office for the conduct of business at 4 Cherry Hill Road, New Paltz, NY 12561, and

CLEAN ENERGY SOLUTIONS, INC., doing business as Lighthouse Solar ("Solar"),

having an office for the conduct of business at 3550 Frontier Avenue, Boulder, CO

80301, both Sun Source and Solar collectively referred to as "Vendor."

 

1. Notwithstanding anything otherwise provided in the Agreement,

the number of solar panels to be installed by Vendor on the roof of the Town Hall will be

57 (fifty seven) instead of 58 (fifty eight) and the model will be Solarworld 255 watt

modules, instead of Solarworld  250 watt modules.

 

2. Vendor represents that even with these changes the solar power

system is designed to generate at least 14.5 kW (16,193 kW annually).

 

3. Except as expressly amended herein, the terms and conditions of

the Agreement shall continue and remain in full force and effect.

 

IN WITNESS WHEREOF, the parties have duly executed this

Amendment as of the date first above written.

TOWN OF RHINEBECK

____________________________________

By Thomas Traudt, Supervisor

CLEAN ENERGY SOLUTIONS, INC.

____________________________________

By Scott Franklin, President

SUN SOURCE TECHNOLOGIES INC.

____________________________________

By Jason Iahn, Vice-President

 

6. Vincent DeBiase License Agreement will be held over to next meeting.

 

7. Bruce motioned and Dan seconded to allow Landsman Kill Trail request to use intersections at Slate Quarry Road/Route 9G and Kerr Road/ Route 9G on October 30, 2011 as their horse crossings.   The Rhinebeck Village Police will be contacted for police coverage.    All were in favor. 

 

8. On motion from Dan and second from Bruce the Supervisor was unanimously authorized to sign Waiver of State Aid Eligibility with NYS Office of Children and Family Services.  Bruce explained that our Recreation Program cannot charge a fee for its programs if we accept any funds from them.

 

EXECUTIVE SESSION

 

At 8:40 on motion from Dan and second by Bruce Pursuant to Public Officers Law Section 105(1) (f) to discuss a personnel matter pertaining to a particular person, the Town Board went into Executive Session.  All were in favor.

 

ADJOURNMENT

 

At 9:00 this meeting was unanimously adjourned on motion from Gina and second by Bruce.

 

 

Respectfully submitted

 

 

Barbara Cunningham

Town Clerk