Town Board Meeting Minutes 11-14-2011

Posted on: 11/29/2011
Date of Minutes: 
11/14/2011

TOWN OF RHINEBECK NOVEMBER 14, 2011 TOWN BOARD MEETING MINUTES

 

At 6:45 the Supervisor called this meeting  to order.

 

PRESENT:  Supervisor Tom Traudt         13 residents

                    Councilwoman Gina Fox

                    Councilman Joe Gelb

                    Councilman Dan Staley

                    Councilman Bruce Washburn

 

Sara Wood from Girl Scout Troop 10078 led the Town Board and residenta in the  Pledge of Allegiance

 

ANNOUNCEMENTS

 

November 15th - Special Meeting of  the Rhinebeck Town Board at 7:00 to vote on 2012 budget

 

Effective November 15th, 2011 through April 1st, 2012- No Parking on Town roads between the hours of 12 midnight and 8:00 a.m.

 

November 21st at 7:00 - Informational Forum on Hydrofracking at Rhinebeck    

                            Town Hall, organized by Cynthia Philip

 

November 24th, 25th - Town Offices will be closed for Thanksgiving

 

November 24th - 5 K Turkey Trot through Ferncliff Forest - See ferncliffforest.org    

                            for more information

 

PRESENTATION

 

Katie Clark deVries, Recreation Director, explained the Recreation Committee is looking into the possibility of the Town accepting credit cards for payment of summer recreation fees.  She has spoken with the Court Clerks since they accept credit cards for traffic fines and has contacted Government Payment Services and there is a surcharge for this service.  They provide all the equipment, we just need a computer that hooks up to a phone line.  We are hoping to have this in place for the Summer Rec registration day at Town Hall in June.  The Town would have to charge the service charge to the customer; Joe feels we need to research whether we can charge more for services.  Bruce said this is considered a convenience fee and there shouldn't be a problem.  Joe will look up the statute. 

 

PUBLIC HEARING CONTINUATION 2012 BUDGET

     Steve Block asked when the public will be able to see the changes made at last Saturday's workshop and Tom  explained the Town Clerk can give you hard copies tonight.  It will be up on the Web tomorrow morning.   Tom then said the Town Board will continue this public hearing on the 2012 budget at 7:00, November 15th.   

 

BUSINESS BEFORE THE BOARD

 

  1. Farmer's Market agreement: 

 

AGREEMENT, dated between the TOWN OF RHINEBECK, Dutchess County, New York, hereinafter referred to as "TOWN" and the RHINEBECK FARMERS' MARKET, LTD., Dutchess County, New York, hereinafter referred to as "Market."

 

WHEREAS, the Town owns the Town Hall located 80 East Market Street in the Town of Rhinebeck; and

 

WHEREAS, the Market is desirous of operating a farmers' market during the winter months in the auditorium of the town hall on certain Sundays beginning on December 1, 2011 and ending on April 29, 2012 (see schedule in #1;  and 

 

WHEREAS, the Town is willing to allow such use of the Town Hall auditorium on the terms provided herein and so long as the premises are not required for municipal purposes during the term of this agreement;

 

NOW, THEREFORE, in consideration of the material covenants

contained herein, it is agreed as follows:

 

1. The Town hereby grants to the Market the use of the Town Hall auditorium for the purpose of operating a winter Farmers' Market on listed Sundays, beginning on Sunday, December 1, 2011, and ending on Sunday, April 29, 2012, such days being set forth on

December 4 and 18

January 8 and 22

February 5 and 19

March 4 and 18

April 1, 15 and 29

 

2. The winter Farmers' Market shall be open to the public without entry fee from 10:00 AM until 2:00 PM on the Scheduled Days. The Market may open the Town Hall auditorium from 8:00 AM until 3:00 PM on Scheduled Days for access by vendors, members of the Market's board of directors, and individuals contracting to operate the market on behalf of the Market.

 

3. The Town Clerk shall either have the town hall opened at 8:00 AM on Scheduled Days for use by the Market, or shall provide a key to a person designated by the Market to obtain a key to the town hall, and the Market shall be responsible to lock the Town Hall after its use on Scheduled Days, including turning off the lights and fans in those parts of the building used by the Market.

 

4. The Town grants to the Market on the Scheduled Days the use of the men's room and ladies' room, subject to the obligation to clean those facilities as provided in Section 9 below.

 

5. The Town grants to the Market on the Scheduled Days the use of the Town Hall main entrance and back entrance into the auditorium for the general public from 10:00 AM until 2:00 PM, and for vendors and individuals retained as contractors for the purpose of operating the winter Farmers' Market from 8:00 AM until 3:00 PM.

 

6. The term of this agreement shall be from the date hereof to Monday, April 30, 2012, provided the Town may terminate this agreement upon ten (10) days' prior written notice to the Market if (a) the Market is acting in breach of this agreement, the Town gives the Market notice of the breach ten (10) days prior to the next Scheduled Day, and such breach continues at the next Scheduled Day or (b) the Town Board determines that the premises are required for municipal purposes during term of this agreement, on all, or a portion of, the Scheduled Days.

 

7. The Market will indemnify and hold harmless the Town from any and all losses, costs, claims, suits, and judgments (including attorneys' fees and costs) resulting directly or indirectly from the Market's use of the Town Hall, including personal injury, damage or theft of property located in the Town Hall, whether such property is owned by the Town or by others.

 

8. The Market agrees to and shall obtain, maintain and pay for liability insurance against bodily injury and property damage in the amount of one million dollars with the policy designating the Town as an additional named insured. Prior to the Market commencing the winter farmers' market and any and all preparation or activity with respect thereto, the Market shall furnish to the Town, certificates and evidence of such insurance with proof of payment of all premiums for the period of the winter market operation. In addition, a Certificate of Insurance from each vendor in amounts to be determined from time to time by the Market with the Town as a named insured, shall be furnished to the Town prior to the entry of such vendor into the operation.

 

9. The Market shall, at its sole expense, keep and maintain the premises in good and reasonably clean conditions at all times during the operation of the winter farmers' market on the Scheduled Days. The Market, at its sole expense, shall clean up any and all refuse, debris, garbage and other items, substances, materials and any other elements involved in its use of the Town Hall, including the men's room and ladies' room, and leave the premises in the same condition existing prior to the preparation for and commencement of the function upon any day of operation of the winter farmer's market, including restoring after the public hours have concluded and before vendors, contractors and Market board members have left for the day, all tables and chairs to the locations in which they were prior to such use by the Market as shown on the diagram on the wall of

the auditorium. In the event that the Town shall be required to perform any of the foregoing, upon the failure of the Market to do so, the Market shall pay the Town as liquidated damages for each such occurrence at the rate of thirty dollars ($30.00) per hour for each hour or part thereof required to restore those parts of the town hall not restored by the Market to the condition the Town Hall was in at the start of the each Schedule Day as required by this agreement.

 

10.   In addition, no alcoholic beverages shall be sampled or sold for consumption within the Town Hall; provided however, bottles of wine may be sold for later consumption and tastings of the bottles of wine offered for sale may be offered by authorized wine vendors in the town hall auditorium to persons over the age of twenty one (21), provided there is compliance with any applicable state law regulating the sale and tasting of alcohol.  For the purposes of this Agreement, the term "tasting" of food or beverages shall mean single bite servings.  The Market and its vendors shall be jointly and severally responsible for any damages or claims resulting from the sale or tasting of food or wine at the Market.  The Market shall provide a staff member at the entrance to the town hall who will ensure that, except as provided herein, no food products will be brought into the Town Hall for consumption on the premises. 

 

11.       The Market may, on Scheduled Days, during the hours of 10:00 AM to 2:00 PM, provide storytelling to children, provided that no children will be permitted to enter upon the auditorium stage or court benches and all such activities shall be appropriate for all age groups and shall be situated in such a manner to avoid interference with entry and egress to the building and any rooms therein.  The Market may also provide live musical entertainment of a manner suitable for all age groups and shall not create a nuisance upon neighboring properties.

 

12. The Market, at its sole expense, on the Scheduled Days shall have signage rights to place temporary signs at the entrance to the town hall parking lot and near the front entrance to town hall which signage shall be in accordance with applicable rules and  regulations of both the Town and the Village of Rhinebeck and shall be removed at the end of each of the Scheduled Days.

 

13. The Market will notify Rhinebeck Village Police at least two days prior to each Scheduled Day. In addition, the Market will provide an adult volunteer or employee to monitor periodically the main entrance of the town hall and the rear doors. The lower level of the town hall is off limits and the Market will block off the stairway leading to the basement using tape, chairs or another barrier.

 

14. This agreement and the operation of the winter Farmers' Market shall be subject to any additional rules, regulations and requirements which the Town solely determines necessary, reasonable or appropriate and reasonable notice thereof shall be given by the Town to the Market.

 

15. The Market shall pay the Town Clerk a fee of one hundred and twenty five dollars ($125) at least two days prior to each use of the town hall on a Scheduled Day.

 

16. The Market may use the electricity source available in the auditorium and the Market may allow such use to vendors at the winter Farmers' Market. The Market may adjust the heat in the Town Hall on Scheduled Days, but will return the heat to the temperature it was prior to such adjustment.

 

17. In the event there is a snowfall which has not been cleared by the Town's maintenance department, the Market by 8:00 A.M. on each Scheduled Day shall remove at its expense the snow around the Town Hall, including entrances, sidewalks, pathways and parking lots that are used by the winter farmers' market, in the manner done so by the Town's maintenance department.

 

18. The Market and the Town are and shall remain separate entities with no relationship, rights or responsibilities other than as expressed in this agreement and no one involved in the operation of the winter farmers' market shall be, become, or be deemed as an employee, representative or agent of the Town.

 

19. This agreement may not be changed, altered or modified except by agreement in writing and signed by the parties.

 

20. In the event (a) of a Declaration of a State of Emergency by the Town Supervisor, County Executive, Governor of the State of New York or President of the United States, or (b) the Town Board shall determine,  that an emergency exists, in either event, requiring the use of the auditorium for municipal purposes, the Town shall use reasonable efforts to give immediate notice to the Market, personally, by telephone other reasonable means at the Town's discrection, whereupon this Agreement shall be suspended during the period that

such emergency exists, upon receipt of said notice by the Market.

21. Notices may be given personally, by fax, or by certified mail return receipt requested and shall be effective upon receipt as follows:

 

 MOTION BY Joe Gelb                                      Seconded by Bruce Washburn

 

WHEREAS, the Town of Rhinebeck owns the premises located 80 East Market Street in the Town of Rhinebeck and commonly known as the Town of Rhinebeck Town Hall; and

 

WHEREAS, the Rhinebeck Farmer's Market (the "Market") is desirous of operating a farmers' market during the winter months in the auditorium of the Town Hall on alternate Sundays beginning on December 1, 2011 and ending on April 29, 2012; and

 

WHEREAS, the Town is willing to allow the Market to operate a winter farmer's market in the Town Hall auditorium on the terms provided in an agreement attached hereto and so long as the premises are not required for municipal purposes during the term of the agreement;

 

NOW THEREFORE, BE IT RESOLVED, that

 

The Town Board of the Town of Rhinebeck desires and intends to authorize the Market to operate a winter farmers' market in the Town Hall auditorium during the period beginning December 1, 2011 through April 29, 2012 on the terms provided in an agreement attached hereto and

 

Be it further resolved that,

 

The Town Board of the Town of Rhinebeck does hereby authorize the Supervisor to execute and enter into an agreement, in substantially the same form as attached hereto, on behalf of the Town to permit the Market to operate a winter farmer's market in the Town Hall auditorium in accordance with the terms and provisions of such agreement.

 

Councilman Gelb aye

Councilwoman Fox aye

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

 

2.  Dan motioned and Bruce seconded to approve Abstract 11, vouchers 1147-1209 for $65,781.15.  Motion carried unanimously. 

 

3.  On motion by Dan and second by Bruce Capital Project Abstract for 11/14/2011 was unanimously approved.

 

    Cap Pro 80 VCSD

             JT Landscaping    ABS 10  96 8130 205                     $4,420.00

 

    Cap Proj 84 Rhinecliff Drainage

             Expanded Supply   ABS 1 V 1  100 07 8540 201         $2,473.92

             Thomas Mannix                 V 2  100 07 8540 200              150.00

             Williams Lumber                V 3  100 07 8540 201                93.12

             Williams Lumber                 V4  100 07 8540 201           3,580.00

    Cap Proj 31 Town Hall Improvements

            Integral Tress         ABS 1  V 1  47 01 1620 220            $2,748.00

 

                            TOTAL                                                           $10,748.00

 

4.  The Intermunicipal Agreement for provision of snow removal and ice control with Dutchess County Dept of Transportation was unanimously approved on motion by Dan and second by Bruce.

 

INTERMUNICIPAL AGREEMENT FOR SNOW REMOVAL AND ICE CONTROL SERVICES October 2011 - April 2012

 

This agreement, made this 14th day of November, 2011, by and between the County of Dutchess, a municipal corporation having its office and place of business at 22 Market Street, Poughkeepsie, NY, 12601, hereinafter referred to as the "County," and the Town of Rhinebeck a municipal corporation within the County of Dutchess, having its office and place of business at 80 E. Market Street, Rhinebeck, NY 12572 hereinafter referred to as the "Town."

WITNESSETH

WHEREAS, the County owns, operates, and maintains a highway system in the towns and villages of the County, and

 

WHEREAS, the County Commissioner of Public Works, in his capacity as the County Superintendent of Highways has general charge and supervision of the work of constructing, improving, repairing and maintaining all County roads, and

 

WHEREAS, County funds may be expended for the control and removal of snow and ice from County roads, and

 

WHEREAS, the County desires to contract with the Town for the control and removal of snow and ice from County roads within the Town, and

 

WHEREAS,  the County Commissioner of Public Works may, pursuant to Dutchess County Administrative Code Article 14.01(b) and Article 33.01, and Dutchess County Charter Section 33.02, contract with the Town for snow removal and for salting or otherwise treating County roads for the purpose of removing the danger of ice and snow, and

 

WHEREAS,  the Town has appropriate snow and ice removal equipment and sufficient snow and ice control personnel to contract with the County for snow and ice control services, and

 

WEHREAS, the Supervisor of the Town has been authorized to execute this Intermunicipal Agreement pursuant to the Town Board Resolution (annexed hereto as Exhibit A), and

 

WHEREAS, the County Executive has been authorized to execute this Intermunicipal Agreement pursuant to Dutchess County Legislature's Resolution # 2011243 of 2011.

 

NOW THEREFORE, in consideration of the mutual covenants, agreements, and consideration hereinafter set forth and pursuant to Section 135-a of the New York State Highway Law, the parties hereto mutually agree that the Town will provide snow and ice control services on a portion of the County highway system within the Town and that the County will pay for, and reimburse the Town for the provision of these services in the manner described herein.  

 

At a meeting of the Town Board of the Town of Rhinebeck, held on November 14, 2011 Bruce motioned and Gina seconded to adopt the following resolution.

 

WHEREAS, the Town Superintendent of Highways has been requested by the County of Dutchess to participate in the regional County Highway Snow and Ice Control Program within the boundaries of the Town, and

 

WHEREAS, and logically, an earlier or sooner response factor can be provided by Town units and personnel within the locale thereby benefiting the overall safety and welfare of town residents and local community interest, and

 

WHEREAS, such participation by the Town in removing snow from designated County Highways, and by sanding and salting or otherwise treating them for the purpose of maintaining highway safety and accessibility for emergency services, is specifically authorized by Article 6, Section 135 of the NYS Highway Law, now,

 

BE IT RESOLVED, that the Town Highway Superintendent be and is herein authorized to perform such work as is found necessary, at hourly rates as agreed upon by the Town and the County for the renting and hiring of such equipment for the winter season 2011-2012.

 

I, Barbara Cunningham, Clerk of the Town of Rhinebeck, do hereby certify that the foregoing is a true copy of a resolution offered and adopted at a meeting of the Town Board held November 14, 2011.

 

5.  Bruce motioned and Gina seconded to set $25 registration fee for winter recreation programs - basketball and zumbatronics.  All were in favor.

 

6.  Dan motioned and Bruce seconded to approve October 24th Town Board meeting minutes.  Motion carried 5-0.

 

7.  On motion from Dan and second by Bruce the Town Clerk was authorized to advertise for part time (up to 12 hours per week)Zoning Enforcement Officer.  All were in favor.

 

8. RE: AMENDMENT TO REVISED JUNE 28, 2010 FEE SCHEDULE

 

Joe explained that due to Rhinecliff's uniqueness and the Hamlet Overlay; some of the old fees are too high and unnecessary.  Michael Trimble and I are attempting to combine some of the permit fees and not require multiple fees.  Michael said basically we are making the fee schedule equitable.  The fees are suppose to cover services rendered - they cannot be considered revenue generating. 

 

WHEREAS, the Town of Rhinebeck (the "Town") on June 28, 2010, adopted a revised fee schedule to accommodate the administrative costs associated with the Town's adoption of new Zoning, Subdivision and Wetlands laws; and

 

WHEREAS, to the extent practicable, integration of the review and approval procedures for all applications coming before the Planning Board shall be undertaken, as specified in Article VI and Article VII of the Zoning Law; and

 

WHEREAS, the requirements for multiple Special Use Permits ("SUPs") places no additional administrative costs upon the Town while placing a financial burden upon applicants;

 

Now, therefore, be it RESOLVED, that the Town Board adopts, effective immediately:

 

(1) An amendment to the fee schedule, for applications which come before the Planning Board, to stipulate that when an applicant's project requires multiple SUPs to fulfill the requirement(s) for a complete application under Articles VI and VII of the Town's Zoning Code, only one SUP application fee and escrow account shall be required. A single site plan review fee shall also be required.  Applications for SUPs and/or site plan review submitted subsequent to

SUP and/or site plan final approval for any given project, shall be considered to be new applications, requiring the payment of the applicable application fee(s) and escrow.

 

(2) In addition, notwithstanding anything otherwise provided in this fee schedule, for applications which come before the Planning Board, the fees for the following activities requiring the issuance of a SUP, and/or site plan approval shall be modified further as follows:

(i) SUP application fee shall be $25.00;

(ii) Site Plan Review application fee shall be $25.00; and,

 

(iii) The total escrow fee for both the SUP and the site plan review shall initially be $50.00; for:

 

(a) fences that meet the dimensional requirements listed in Section 125-3 of Article V, Supplemental Regulations;

 

(b) the construction of porches and decks under 100 square feet;

 

(c) the construction of sheds/garages under 200 square feet; and,

 

(d) all activities listed in Section 125-106.B of Article X, Administration and

Enforcement (activities which do not require the issuance of a building permit).

 

(3) Costs incurred for neighbor notification shall remain as determined by the requirements listed in Chapters VI and VII of the Town of Rhinebeck zoning code.

Motion by Dan Staley                                     Seconded by Joe Gelb

 

Councilwoman Gina Fox aye

Councilman Joe Gelb aye

Councilman Dan Staley aye

Councilman  Bruce Washburn aye

Supervisor Tom Traudt aye

 

9. Dan motioned and Bruce seconded to approve hiring of winter gymnastic employees:  Willie Sanchez - $100 per basketball session, Karen Kirker and Max Berger at $7.25/hour and Zumbatomic instructor Andrea Harris at $25 per session.  Motion carried 5-0.

 

10.   Dan motioned with Bruce seconded to name Jaybird Lane for 911 addressing purposes.  This has been approved by Rudy Macak at Dutchess County Emergency Planning for a private road off Tator Hill Road on west side of Mt. Rutsen Rd.  Jeffrey and Maria Espie are requesting this name.  All were in favor.

 

DISCUSSION

 

Susan Williams agreement -  Marie Welch, land surveyor representing Ms. Williams, explained that the issue is I disagrees with original survey done on Susan Williams Frost Road property.  Joe feels it may be necessary to have another independent survey done paid for by Ms. Williams.  It seems like an even swap.  Marie stated that Ms. Williams is willing to make the trade.   There are no new lots; her house sits on 1 parcel and her barn sits on another lot and we are only talking about a couple hundred of feet of property.  It is a simple swapping of lot lines.  Unfortunately the Town attorney has complicated this request.  Back in July, Town Counsel was authorized to review this lot line adjustment; we never anticipated this to be so lengthy.  Marie would like the Town Board to recommend that Town Counsel write up a boundary line agreement.  She also suggested that rather than re-surveying this parcel, have someone compare the original survey to my survey.  We are before the Planning Board and they cannot proceed until this issue is resolved.  Michael Trimble, Planning Board Chairman, agrees that a boundary line adjustment would be fine.  It is just that his Board cannot proceed because we cannot create a non conforming lot.  A boundary line adjustment would be a good solution.

 

The Supervisor would like to have Pam's advice and Joe also feels that Counsel's input is needed.  Gina is comfortable with ignoring legal advice.  Dan doesn't feel another survey is needed.  On motion from Joe and second by Bruce, Town Counsel is authorized the draw up boundary line agreement.  Motion passed 3 (aye Dan, Gina and Bruce)- 2 (nay Tom and Joe)  Joe will talk with Pam about this boundary line agreement for our next meeting. 

 

Natural Burial -  see attached Natural Burial Grounds Rules and Regulations.  On motion from Dan and seconded by Bruce this concept was adopted.  Gina feels it is a lower maintenance burial and she also informed the Board that the C.A.C. is planting 5 new trees at the Cemetery to replace the 1 tulip tree lost at Town Hall due to the solar panels.    Dan explained that the next step is to get the map and he will get that out.

 

DeBiase agreement -   Joe reported that the homeowner will bear the cost of SEQR process.  Bruce stated that Mr. DeBiase has also applied to be on the Vanderburgh Cover Sewer Committee, but he is concerned about another Hyde Park resident being on this committee since there are already 3.Tom suggested waiting to vote on this issue and Joe would like to review also before voting.

 

ADJOURNMENT

 

At 8:00 this meeting was unanimously adjourned on motion by Dan and second by Bruce.

 

 

Respectfully submitted,

 

 

Barbara Cunningham

Town Clerk