Town Board Meeting Minutes 12-14-09

December 14, 2009 Town of Rhinebeck Town Board Meeting Minutes

 

At 6:55 Supervisor Traudt called this meeting to order. Councilmember's Bruce Washburn, Dan Staley, Dod Crane and Ellen Silverstein and Counsel Pamela Richardson were all present. There were 27 residents also attended.

 

Lily and Hunter Knapp and Emily Erlanger lead the Pledge of Allegiance.

 

Announcements

 

Recreation Committee, and Community Center Visioning Committee are all looking for new members - contact Town Clerk's office at 876-3409

 

December 21st Special Town Board meeting and public hearing at 6:30

 

December 24th and 25th Town Hall, Highway department and Transfer Station closed for Christmas holiday

 

December 29th Special Town Board meeting at 6:45

 

Discussion

 

Ted Fink explained there are a few changes to the Zoning Law. He passed out a new Table of Contents page. Article 1- page 7 Planning Board and ZBA applications, Article V- page 27 Freshwater Wetlands permit applications, Article V- page 131 TDR, Article VI -page 10 removal of multi housing in RA10, page 41 Senior housing floating zone, page 71 reference to #57 removed. Duties of the ZEO include adding DEC wetlands permits must be sent to the Planning Board.

 

The Freshwater Wetlands was changed on the CAC suggestion that the Code Enforcement Officer shall confer with the CAC on wetlands permits. The CAC did not like the language of may confer. Dan is comfortable with may and Ellen wants shall. Ted feels more comfortable with shall then the Town is legally covered. There are many maps - soil, wetlands, etc and the ZEO should decide if a wetlands permit is issued. Dod is not comfortable with CAC powers - they should only be giving advice, it is only an advisory committee. Ted feels that the Code Enforcement Officer must obtain advice from the CAC or a wetlands specialist. Ellen feels this is the CAC function. Bruce suggested adding and/or and then the CAC doesn't necessarily have to get involved. Ms. Richardson suggested at the ZEO's discretion. Ted feels this is only a safety check. Tom stated we are starting to regulate too much and wants to stay with may. Bruce agrees. Ted will change the wording back to may.

 

Ted informed the Board and the public that the final draft of Zoning and Freshwater Wetlands Laws and Statement of Findings has all been received.

The subdivision regulations public hearing will be next Monday night, December 21st at 6:30. We are awaiting comments from Dutchess County Planning. The CAC wants some clarification on the coastal consistency process. The Planning Board comments are as follows:

 

The Town Planning Board re-visited the subject documents, as referred by the Town Board and its land use attorney, Warren Replansky, during its Regular Meeting on December 7, 2009 and recommends:

 

· Adopt the Town Comprehensive Plan in the form introduced by the Town Board prior to the termination of the land use and development moratorium.

 

· Adopt the Town's Amended Zoning Law in the form agreed to by recent consensus of the Town Board (i.e. eliminating both the PCN-O District and the bonus density provision in the RA10 District and incorporating a procedure whereby noise levels associated with rod & gun clubs would be addressed by the ZBA) prior to the termination of the land use and development moratorium.

 

· Adopt the Town's initial Wetlands Law prior to the termination of the land use and development moratorium.

 

· Adopt the Town's Revised Subdivision Regulations prior to termination of the land use and development moratorium, with however recommendation again strongly presented that the definition of "complete application" within Article III, Terminology, Section 101-3, Definitions, be modified as set forth below by the Planning Board in its earlier review and that the scheduling, and opening of, a Public Hearing by the Planning Board on an Application for Subdivision Plat Approval be authorized once the information within the purview of the Applicant (i.e. that part of a complete application set forth in paragraph A) has been submitted and found adequate by the Planning Board for public consideration.

 

To defer the scheduling and conduct of a Public Hearing to after the issuance of a Negative Declaration or Notice of Completion of Draft EIS (i.e. that part of a complete application set forth in paragraph B) will deprive the public of opportunity to provide what is oftentimes valuable input to the Planning Board concerning the potential adverse environmental effects of a proposed subdivision, this being particularly so in a case where a Negative Declaration is issued by the Planning Board.

 

"Complete Application. An application for subdivision approval which includes all of the following:

 

A. As within the purview of the Applicant:

 

1. All information concerning the proposed subdivision in the format required by the applicable provisions of this Chapter;

 

2. All application fees required by this Chapter and the escrow deposit for development review costs shall be made in accordance with Article XIV of the Zoning Law; and

 

3. An EAF assessing the potential environmental impacts of the proposed subdivision.

 

B. A determination by the Planning Board, or by the lead agency in the event of a coordinated review involving other agencies, that the proposed project is not likely to have a significant impact on the environment (Negative Declaration), or the filing of a Notice of Completion of a DEIS in accordance with the provisions of SEQR."

 

In addition to the above definition, other specific modifications in the proposed Subdivision Regulations that would be required to carry out our recommendation were set forth in PLANNERS EAST Incorporated's memorandum of September 14, 2009, a copy of which is attached.

 

The Town Planning Board is certainly very pleased to see the Town Board and its advisors moving this aspect of the Town's "comp plan effort" toward its proposed conclusion before year's end. The Planning Board would be remiss however were it not to remind the Town Board that there remains related work to be done in 2010, including the following items, the first four of which have been noted in earlier communications from this Board:

 

· Establishment of an early training program for all Town personnel involved in the administration and other implementation of the Amended Zoning Law, the Wetlands Law and the Revised Subdivision Regulations.

 

· Establishment of a program involving both hardware/software and training components whereby technical capacity is enhanced within Town Hall to both accommodate the electronic filing requirements set forth in these documents, facilitate record-keeping and permit easy access to GIS-based information in review of applications.

 

· Review and revision as required of Town Code Chapter 76, Highway Standards, to dovetail with the street, roadway and/or highway standards set forth within the Amended Zoning Law and the Revised Subdivision Regulations.

 

· Review and revision of Town's Land Use and Development Fee Schedule to account both by type and related review procedure for applications as required under the Amended Zoning Law and the Revised Subdivision Regulations and provide at applicant expense and the resources needed for such review.

 

· Assess the implications of the position taken on "complete application" under the Revised Subdivision Regulations on like determination as to what constitutes a "complete application" and, thus, affords opportunity for scheduling and conduct of a Public Hearing, for such other procedures as site plan review and consideration of special use permits by the Planning Board and even consideration of a petition for rezoning by the Town Board.

 

Thank you for your consideration.

 

P. Michael Trimble

Planning Board Chairman

 

Business

 

Dan motioned and Bruce seconded to approve of Change Order #2 (Drainage) not to exceed $3,900 and C.O. #3 (Heat) not to exceed $6,000 and approve Payment request #1 for $70,656.25 to Arch Bridge on Hogg's Bridge. Both the Village and Town highway departments are contributing piping to help keep costs down. All were in favor.

Dan motioned with Dod seconded to award Vanderburgh Cove treatment contract to Arold Construction for $811,450.00 and J&S Electric Contracting for $89,100-$94,700. Ron Evangelista explained the equipment will be bought now so in the spring the project can begin promptly. There will be no physical work until April 2010. Ron explained that the Town is still meeting the DE compliance schedule.
Dan motioned and Ellen seconded to approve Budget transfers
GENERAL FUND

ASSESSORS

P.S. Clerks 00 01 1355 100 - $1,338.75

Attorney 00 01 1355 452 + $1,338.75

 

TOWN CLERK

Supplies 00 01 1410 410 - $150.00

Dues/Miles/School 00 01 1410 447 + $150.00

Town Clerk requested to cover additional expenses.

 

SUPT OF HIGHWAY

Equipment 00 04 5010 200 - $250.00

P.S. Secretary 00 40 5010 101 + $250.00

Per Hway Superintendent's request

 

ATTORNEY

P.S. Sports Director 00 06 7310 104 - $ 811.55

P.S. Arts & Craft Leader 00 06 7310 105 - $ 904.75

P.S. Asst. Camp 00 06 7310 106 - $ 1,000.00

P.S. After Camp Co-Ordinator 00 06 7310 109 - $ 700.00

P.S. After Camp Counselors 00 06 7310 110 - $ 1,000.00

Supplies 00 06 7310 410 - $ 500.00

Field Trips 00 06 7310 433 - $ 1,000.00

Baseball 00 06 7310 435 - $ 3,000.00

Fun Events 00 06 7310 436 - $ 2,000.00

Brochure 00 06 7310 438 - $ 1,500.00

Quadricentennial 00 06 7550 402 - $ 2,000.00

Attorney to Town 00 01 1420 452 + $14,416.30

 

ENGINEER

Aerobic Instructor 00 06 7620 454 - $ 500.00

Engineer to Town 00 01 1440 400 + $ 500.00

 

Engineer 00 01 1440 400 - $ 500.00

Contingency 00 01 1990 400 + $ 500.00

Undoing a transfer from Nov. 23 mtg.

 

PARKS

Contractual 00 06 7110 400 - $ 500.00

Legal Notices 00 06 7110 449 - $ 61.00

Equipment 00 06 7110 200 + $ 561.00

 

PLAYGROUNDS/POOL

P.S. Pool Coordinator 00 06 7180 105 - $2,252.66

Electric 00 06 7140 431 + $1,851.28

P.S. Maint 00 06 7180 104 + $ 299.38

Telephone 00 06 7180 430 + $ 102.00

 

P.S. Lifeguards 00 06 7180 101 - $2,600.00

Swim Team 00 06 7310 439 - $2,069.00

Equipment 00 06 7180 200 + $4,669.00

 

CEMETERY

Road Maintenance 00 07 8810 428 - $600.00

Gas 00 07 8810 450 - $500.00

P.S. Seasonal 00 07 8810 101 + $500.00

Equipment /Facility Repairs 00 07 8810 427 + $600.00

Councilman Staley requested to cover additional expenses.

 

Authorize the bookkeeper to loan Capital Project H79 Hogg's Bridge $70,656.25 to cover payment #1 from Arch Bridge.

 

PART-TOWN FUND

 

BUILDING INSPECTOR

Equipment 01 02 3620 200 - $100.00

Mileage/School/Conference 01 02 3620 447 + $100.00

 

ZONING

P.S. ZA 01 07 8010 101 - $1,200.00

P.S. Clerk 01 07 8010 100 + $1,200.00

 

PLANNING

Attorney 01 02 3620 452 - $2,000.00

Engineer 01 02 3620 454 - $1,000.00

Computer 01 02 3620 491 - $ 500.00

Engineer 01 07 8010 453 - $ 500.00

Transcription 01 07 8010 459 - $ 750.00

Software Maint 01 07 8010 492 - $1,500.00

Equipment 01 07 8020 200 - $ 500.00

Engineers 01 07 8020 453 - $ 950.00

Attorney 01 07 8020 200 + $7,700.00

 

Appropriated Fund Balance 01 599 + $48,100.00

 

Appropriations 01 960

Comp Plan Expenses 01 07 8020 490 + $30,100.00

Attorney to Review 01 07 8020 495 + $18,000.00

Supervisor's request to use fund balance to cover additional expenses.

 

HIGHWAY PART-TOWN FUND

Equipment Repairs 03 04 5130 427 - $ 25.00

Equipment Supplies 03 04 5130 422 + $ 25.00

 

Other Ice Control 03 04 5142 417 - $4,400.00

Salt 03 04 5142 416 + $4,400.00

 

Per Hway Superintendent request.

 

Dod Crane questioned why legal expenses seem to be so high and why we are taking money from so many different budget lines.

 

Dan motioned and Dod seconded to approve Abstract 12, vouchers 1544-1645 for $134,505.33. Motion carried 3-0 with Ellen and Bruce abstaining because they feel there is not sufficient information.
Dan motioned and Dod seconded to approve Capital Project Abstract 12/14/09 for $116,389.91
Capital Project 62 Rhineson Property

 

Endeavor, Inc. Abs 9 V11 78 06 7110 208 $ 4,000.00

Morris Associates Abs 9 V12 78 06 7110 211 $ 2,073.83

Total $ 6,073.83

Capital Project 79 Hogg's Bridge

Arch Bridge Contracting Abs 5 V25 95 04 5120 256 $ 70,656.25

Gellert & Klein Abs 5 V26 95 04 5120 252 $ 986.08

Morris Associates Abs 5 V27 - 33 95 04 5120 253 $ 20,830.10

Total $ 92,472.43

 

Capital Project 80 VCSD Repairs & Improvements

Morris Associates Abs 3 V9 - V13 96 07 8110 202 $ 17,843.65

Total $ 17,843.65

Total of all Capital Projects $ 116,389.91

All were in favor.

a.
WHEREAS, the Town Board on behalf of the Vanderburgh Cove Sewer District, wishes to solicit proposals for the 2010 operation of the Vanderburgh Cove Sewer Plant.

 

NOW THEREFORE BE IT RESOLVED THAT, The Town of Rhinebeck does hereby request proposals for the 2010 operation and maintenance of the Vanderburgh Cove Sewer Plant to be delivered to the Town Clerk not later than 12:00 Noon on January 8th, 2010; and

 

Be it further RESOLVED that specifications for the proposal can be obtained from the Town Clerk during regular business hours.

 

Motion by Dan Staley Seconded by Bruce Washburn

 

6b On motion from Dan and second by Dod, Richard Cain will operate the Vanderburgh Cove Sewer until January 31, 2010. All were in favor.

 

Dan motioned and Ellen seconded to approve November 23rd Town Board meeting minutes. Motion carried unanimously.
Ellen motioned with Dan seconding to appoint Jesse Hewitt to Planning Board upon recommendation of Michael Trimble, term to expire 12/31/16. All were in favor.
Set Vanderburgh Cove 2010 Budget public hearing

MOTION BY Dan Staley

WHEREAS, the Town Board of the Town of Rhinebeck, Dutchess County, New York, has duly caused to be prepared a budget, including an estimate of cost relating to the maintenance and operation of the Vanderburgh Cove Sewer District for the fiscal year of 2010; and

WHEREAS, it is now desired to call a public hearing on the question of the costs relating to the maintenance and operation of the facilities of the Vanderburgh Cove Sewer District in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; now, therefore, be it

RESOLVED, that a public hearing on proposed 2010 budget regarding the maintenance and operation of the Vanderburgh Cove Sewer District will be held on the 29th day of December, 2009 at 6:45 p.m. at the Town Hall located at 80 East Market Street, Rhinebeck, New York and that notice of such Public Hearing be posted and published accordingly.

SECONDED BY Bruce Washburn

All were in favor.

10. Bruce motioned to set winter hours for Thompson Mazzarella Park with lights going off at 8:30 pm instead of 10:30 pm. The police will start locking at 8:30 as of December 21st. Dan seconded, all were in favor.

 

11 New fence for pool area estimated to cost between $4,200 and $4,500. Bruce explained when the pavilion was built it is within the fenced pool area. Now organizations and residents wish to use so we need separate fencing so the pool cannot be accessed. We are hoping to set up an ice skating rink under the pavilion. There is a safety issue to keep people out of the pool area. This just starts the procurement process. Dan would like to see drawings and Dod questioned where the money is coming from. Bruce said it would be a Recreation Capitol Project. Dod would still like more public input and suggested removable fencing for the winter.

 

12

Resolution in the Matter of Joint Implementation with City of Kingston of Ferry Dock Project at Rhinecliff Landing Town Park

 

Motion by Dan Staley Seconded by Bruce Washburn

 

WHEREAS, the Town Board is considering an action whereby it would enter into an intermunicipal agreement with the City of Kingston pursuant to General Municipal Law §119-o to provide for the construction, storage, and annual installation and removal of a dock at the Rhinecliff Landing Town Park; and

WHEREAS, the Town Board previously reviewed the Part I of the Full Environmental Assessment Form and made a preliminary determination that the project would be a Type I action under SEQRA and circulated for Lead Agency;

NOW THEREFORE BE IT

RESOLVED, that the Town Board of the Town of Rhinebeck hereby determines that it is in fact Lead Agency for this action; and, be it further

RESOLVED, that the Town Board has determined that the project is a Type I Action; and, be it further

RESOLVED, that the Town Board officially makes a determination of non-significance in that the proposed action is not expected to result in a significant adverse impact on the environment and therefore the preparation of a Draft Environmental Impact Statement is not necessary; and be it further

RESOLVED, that this determination shall be considered a negative declaration for the purposes of Article 8 of the Environmental Conservation Law, a copy of which is in said files which shall maintained in the Office of the Town Clerk.; and be it further

RESOLVED, the Town Clerk is directed to maintain a file for this Determination.

Councilman Crane aye

Councilwoman Silverstein aye

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

 

______________________________________ _________________

Barbara Cunningham, Town Clerk Date

 

13

Resolution in the Matter of Joint Implementation with City of Kingston of Ferry Dock Project at Rhinecliff Landing Town Park

Motion by Dan Staley Seconded by Bruce Washburn

 

Whereas, the Town Board desires to restore ferry service across the Hudson River between the Town of Rhinebeck and the City of Kingston; and

 

Whereas, the Town of Rhinebeck owns and maintains two docking facilities at Rhinecliff Landing Town Park; and

 

Whereas, additional docking facilities within the Town of Rhinebeck are necessary to support a regular ferry service; and

 

Whereas, there is sufficient space along the existing steel bulkhead piling at Rhinecliff Landing Town Park to install a third dock for use by a ferry service or for other purposes; and

 

Whereas, the Town desires to enter into an intermunicipal agreement with the City of Kingston pursuant to General Municipal Law §119-o to provide for the construction, annual installation and removal and storage of a dock at the Rhinecliff Landing Town Park; and

 

Whereas, the Town Board previously declared itself Lead Agency, made a determination of non-significance and issued a negative declaration for the project; and

 

Whereas, the Town Board now desires to authorize the Supervisor to enter into an inter-municipal agreement, substantially in the form attached hereto, with the City of Kingston to fund, procure materials and undertake labor in connection with the construction, installation, storage and maintenance of a removable ferry dock for the Rhinecliff Landing Town Park; and

 

Now, Therefore, Be It Resolved:

 

The Town Board hereby authorizes the Supervisor to enter into and execute a contract, in substantially the same form as attached hereto, with the City of Kingston, for the construction, annual installation, storage, and maintenance of a dock for the Rhinecliff Landing Town Park.

 

Councilman Crane aye

Councilwoman Silverstein aye

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

 

14. Dan motioned and Ellen seconded to purchase 4 starting blocks for the pool at $6,719.90 to be expensed from Pool Capitol Project 38. Bruce stated the ones at the pool now are 25 years old and the chlorine wears them out. All were in favor.

 

15. On motion from Dan and second from Ellen the 284 agreement (expenditure of highway monies) for 2010 between Dutchess County and the highway department was unanimously approved. Kathy Kinsella stated that Knollwood, Delano/Reeder/Liberia and Wheeler Road will be done under this agreement.

 

Discussion

 

2010-2014 Capital Plan - tabled until December 29th.

 

Credit card policy update from Counsel - Ms. Richardson reported she has had no response from Rhinebeck Saving, Stissing National and Hudson Valley Credit Union don't provide this service. She is waiting to hear back from Chase Bank. M & T Bank has a purchasing program. You will need an administrator to control the amount of money. It can be set up so certain vendors can assess this account. The Supervisor wants to table this until the Board can meet with the Budget and Finance Control Committee.

 

At 8:50 on motion from Dod and second by Dan the Board went into Executive Session to discuss personnel issues and possible litigation issues pursuant to public officers law section 105(1) (f) . Counsel Richardson reported that Kevin Espie was unanimously hired on a temporary" as needed basis" at the rate of $15.08 per hour on motion from Dod and second by Ellen. A memorandum of understanding between John Conley and the Town was also authorized.

 

Adjournment

 

At 10:48 this meeting was unanimously adjourned on motion from Dod and second by Dan.

 

Respectfully submitted,

 

 

Barbara Cunningham

Town Clerk