Town Board Meeting Minutes
Posted on: 9/19/2007
Date of Minutes:
06/12/2007
JUNE 12,
2007 TOWN BOARD MEETING
MINUTES
Supervisor Block
opened the meeting at 5:05 with Councilpersons Dod Crane, Ellen Silverstein,
Paul Niedercorn and Town Counsel Warren Replansky present. At 5:06 on motion by Dod and second by Ellen,
they went into Executive Session to interview candidates for the Planning Board
position and a potential litigation matter.
Linda Souers joined the Executive Session later. At 6:47 the Executive Session ended and the
regular meeting was reconvened.
ANNOUNCEMENTS
Paul Slayton has
won the Gigi’s restaurant gift certificate for his participation in the web
site survey.
Town Hall on June 14th at 6 pm.
Hudson Valley
Blood Services will conduct a blood drive at Town Hall on June 16th
from 3-8:30 pm.
June 19th
the Comprehensive Plan public hearing will begin at 6:45 pm. And if needed will
continue on June 26th.
Rhinebeck
Central Schools will hold final vote for 2006-07 on June 20th from 2
– 9 pm at the High School.
Rhinecliff
Sunset Concert Series will hold its final concert on June 25th at
7pm. Entertainment will be U-Guys and
the
fireworks follow. Inclement weather will
force the concert indoors to the Morton Memorial Library.
Senior Citizen Picnic at Fairground on June 28th at noon.
PROPOSED LEGISLATION
1. At 6:57PM on motion by Paul and second by
Ellen the public hearing on proposed local law 2 of 2006 to reimburse the town
for legal, engineering, and/or planning services required to process land use applications
was opened by Steve.
process for the reimbursement of fees and expenses by the applicants before the
Zoning and Planning Boards approval process. The applicant will be advised of
costs as they are incurred and the Town Board will approve the bills. This establishes an escrow account which will
be determined after applications are submitted.
The cap will be established at 2%.
Monies will be in a special account, no building permits will be issued
until monies are current. Part of the
application process is to have the applicant sign an agreement with the
Town. At 7:07 this hearing was
unanimously closed on motion by Dod and second by Linda.
Dod motioned and Paul seconded to approve the following local law.
BE IT
ENACTED by the Town Board of the Town of
SECTION
1. Legislative Finding, Intent,
and Purpose.
The Town
Board enacts this Local Law to provide a mechanism for the reimbursement of
fees and expenses which would otherwise be paid by the assessment of the
Taxpayers of the Town of Rhinebeck to defray the cost to the Town for the
retention of competent engineering, planning, legal and other consultants to
review projects before the Town of Rhinebeck Planning Board and/or Zoning Board
of Appeals for which Special Permit, Variance, Site Plan Review and Approval
and/or subdivision review and approval is sought by an applicant and to assist
those Boards and Town officials in the inspection and approval of any
installations, infrastructure or improvements after final approval of such
applications. The Town Board finds that it is essential for the Town to be able
to retain the services of competent engineers, planners, lawyers and other
professional consultants to assist the boards in the review of such
applications. The Town Board also finds that it is necessary and proper to
establish a procedure to be followed requiring the deposit of those funds in a
separate account and requiring that payments from that account be made only
upon receipt and approval by the Town Board of itemized vouchers from its
consultants, and that such fees of the consultants be reasonable and necessary.
SECTION
2. Professional Fees.
A. The
Rhinebeck Planning and Zoning Boards, in the review of any applications pending
before said Boards, may retain such engineering, planning, legal, technical or
environmental consultants, or professionals (“consultant services”) as such
Boards shall deem reasonably necessary to assist the Boards in their review of
such applications and in the inspection and approval of any installations,
infrastructure or improvements after final approval of such applications.
B. The
applicant shall reimburse the Town of
for the cost of such consultant services.
C. The
Town Board shall review and audit all vouchers submitted by such consultants
and shall approve payment only if such consulting fees and disbursements as are
reasonable in amount and necessarily incurred by the Town in connection with
the review, consideration and approval of the proposed project or in the
inspection and approval of any installations, infrastructure or improvements
after final approval of such applications. For purposes of the foregoing, a
fee, or part thereof, shall be deemed a reasonable amount if it bears a
reasonable relationship to the average charge by consultants to the Town for
services performed in connection with the review and approval of similar
projects in the Town, and if there are no similar projects in the Town, then
for similar projects located in Columbia and Dutchess Counties and the
surrounding area, to the extent that such similar projects may exist. The Town
Board may take into consideration the size, type and nature of the project,
together with such special features including, but not limited to, topography,
soil conditions, water, drainage conditions and any special conditions or
considerations as the Town Board may consider relevant.
D. A fee
or expense, or part thereof, is necessarily incurred if it was charged by the
engineer, attorney, planner or other professional consultant for a service
which was rendered in order to assist in the protection or promotion of the
health, safety or welfare of the Town or its residents; to assist in the
protection of public or private property or the environment from potential
damage which otherwise may be caused by the proposed land use or development;
to insure or assist in compliance with laws, regulations, standards or codes
which govern land use and development; to insure or assist in the orderly
development and sound planning of a land use or development; to insure the
proper and timely construction of public improvements, parks, and other
facilities which affect the public welfare; to protect the legal interests of
the Town; to avoid claims against, and liability of, the Town; or to promote
such other interest that the Town Board may specify as relevant.
E.At
such time as the application is approved or denied by the Planning Board or
Zoning
Board, or in the event inspections are to be made by consultants after approval
is granted and the work is performed, such final inspections are made and the
work is determined to be satisfactory, the Town Clerk shall refund to the
applicant the deposit required pursuant to Section 3 less any sums expended by
the Town for such consultant services relating to said project after final
audit of the consultant vouchers by the Town Board and payment of such
consultant fees. A copy of the computation of said sums so expended shall be
provided to the applicant at the time that the Town Clerk shall calculate the
refund, if any, due the applicant.
SECTION
3. Escrow Accounts.
A. As
soon as possible after submission of any application, an escrow account shall be
established, from which withdrawals shall be made to reimburse the Town for the
costs of consultant services. The applicant shall then provide funds to the
Town for deposit into such account in an amount to be determined by the
reviewing Board with the advice and recommendation of the Town's Engineer,
Attorney and/or Planner based on their evaluation of the nature and complexity
of the application and their estimation of the project's total value, using the
following schedule as a general guideline, with the decision of the reviewing
board to be final and conclusive on the applicant:
1. For residential projects, the total
project value shall be calculated based on the actual purchase price of the
land or the fair market value of the land, whichever is higher, plus the cost
of all required site improvements. In the case of such projects, the initial
escrow deposit shall be no more than two percent of the total project value.
2. For commercial and industrial projects,
the total project value shall be calculated on the actual purchase price of the
land or the fair market value of the land, whichever is higher, plus the cost
of supplying utility service to the project, the cost of site preparation and
the cost of labor and material as determined with reference to a current cost
data publication in common use. In the case of such projects, the initial
escrow deposit shall be no more than one percent of the total project value.
3. For projects involving the extraction of
minerals, the total project value shall be calculated on the cost of site
preparation for mining. Site preparation cost means the cost of clearing and
grubbing and removal of over-burden for the entire area to be mined plus the
cost of utility services and construction of access roads. Such costs are
determined with reference to a current cost data publication in common use. The
escrow deposit shall be no more than two percent of the total project value.
For those costs to be incurred for phases occurring three or more years after issuance
of a permit, the project value shall be determined using a present value
calculation.
B. At
the time of submission of any application, the applicant shall, in addition to
the application fee, submit an initial escrow account funding fee in accordance
with a fee schedule adopted by the Town Board by Resolution and an estimate of
the total project value prepared by an engineer, architect, surveyor or other
qualified professional. The initial escrow account funding fee shall be in an
amount sufficient to cover the consultant services costs necessary to review
the application and plans upon submission, and to offer recommendations to the
reviewing Board as to the amount of the initial escrow deposit. The balance of
any unexpended portion of that initial escrow account fee shall be applied by
the Town towards the applicant's required initial escrow deposit.
C. After
the amount of the initial escrow deposit is determined by the reviewing Board,
the applicant shall be notified of the amount of the initial escrow deposit and
how that amount was calculated. In the event that the applicant disagrees with
the amount of the initial escrow deposit, the applicant shall have the right to
file written objections with the reviewing Board specifying the applicant's objections
to the amount of the initial escrow deposit. The reviewing Board shall, within
a period of thirty (30) days after receipt of the objections, make a final
determination as to the amount of the initial escrow deposit. The applicant
shall then be required to sign a written Escrow Agreement with the Town
specifying, in relevant part, the amount of the initial escrow deposit and the
protocol for payment of consultant's fees, and the auditing of the same and the
requirement of additional funds to be deposited in the escrow account as
specified by this Local Law. The application shall not be deemed complete for
purposes of commencement of review of the same by the reviewing Board until
such time as the Escrow Agreement is signed by the applicant and the initial
escrow amount is deposited by the applicant with the Town Clerk.
D. The
applicant shall be provided with copies of vouchers submitted for payment by
the consultants for such services as they are submitted to the Town for
payment.
E. All
sums paid by the applicant shall be deposited in a separate account by the Town
from which withdrawals as provided in this local law shall be made.
F. When
the balance in such escrow account is reduced to one-third (1/3) of its initial
amount, the Town Clerk shall advise the applicant and the applicant shall
deposit additional funds into such account to bring its balance up to the
amount of the initial deposit. If such account is not replenished within ten
(10) business days after the applicant is notified, in writing of the
requirement for such additional deposit, the reviewing Board may suspend its
review of the application.
G. A
building permit, certificate of occupancy, or other permit, approval or action
being sought shall not be issued unless all professional review fees charged in
connection with the applicant's project have been reimbursed to the Town by the
applicant.
H. All
fees required pursuant to this Local Law shall be collected by the Town Clerk.
I. This
Local Law shall be applicable to applications pending at the time it shall
become effective unless a prior agreement concerning such fees between the
applicant and the Town has been executed.
SECTION
4. Severability.
If any
part or provision of this Local Law or the application thereof to any person or
circumstance be adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part or provision or
application directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of the remainder
of this Local Law or the application thereof to other persons or circumstances,
and the North East Town Board hereby declares that it would have passed this
Local Law or the remainder thereof had such invalid application or invalid
provision been apparent.
SECTION
5. Repeal.
If any
part or provision of this Local Law or the application thereof to any person or
circumstance be adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part or provision or
application directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of the remainder
of this Local Law or the application thereof to other persons or circumstances,
and the North East Town Board hereby declares that it would have passed this
Local Law or the remainder thereof had such invalid application or invalid
provision been apparent.
SECTION
6. Supercession.
This
Local Law is enacted under the authority of subparagraphs (a) (1) (2) (d) (iii)
of the Municipal Home Rule Law Section 10(1) (ii), and Municipal Home Rule Law
Section 22. To the extent that Sections 274-a, 276 and 277 of the Town Law or
any Local Law of the Town of
are inconsistent with this Local Law, it is the intent of the Town Board to
supercede these Sections of the Law by virtue of this Local Law.
SECTION
7. SEQRA Review.
In the
event that a Positive Declaration is made in accordance with the New York State
Environmental Quality Review Act (SEQRA), all subsequent consultant review fees
that are necessary for the preparation or review of an EIS shall be reimbursed
to the Town in accordance with the procedures established under SEQRA. The
applicant shall maintain the basic escrow account for the continued review of
the application that is not directly related to the preparation or review of an
EIS. The Town may require the applicant to establish a separate escrow account
for the consultant services costs necessary for the preparation or review of an
EIS. All deposits, reimbursements and refunds shall be made in accordance with
the provisions of this Local Law.
SECTION
8. Effective Date.
This
Local Law shall take effect immediately upon filing in the office of the New
York State Secretary of State in accordance with Section 27 of the Municipal
Home Rule Law.
Roll Call
- Dod
Crane aye - Paul
Niedercorn aye - Ellen
Silverstein - Linda
Souers - Steve
Block aye
unanimously passed
2. Paul motioned
and Ellen seconded to introduce proposed local law 3 of 2006 to extend the
building moratorium on development.
BE IT ENACTED by the Town Board of
the Town of
as follows:
SECTION 1. TITLE.
This
Local Law shall be known as "A Local Law Imposing a Moratorium on Major
Subdivisions
and on Specified Development Types and Uses within the Town of
Rhinebeck.
SECTION 2. BACKGROUND, FINDINGS AND PURPOSE.
The Town
Board of the Town of
in 2002, created a Comprehensive
Plan
Committee to act as Special Board pursuant to §272-a (4) of the Town Law to act
as Special Board for purposes of preparing a proposed Amended
Comprehensive
Plan for the Town of
The Town
of
Committee
a proposed Comprehensive Plan to the Town Board and recommended to the Town
Board the adoption of said proposed Comprehensive Plan.
The Town
Board, by Resolution dated May 9, 2006, accepted receipt of the proposed
Comprehensive Plan from the Town of
Comprehensive Plan Committee
initiating the review and adoption procedures as
prescribed
in §272-a of the Town Law. The Town
Board also designated itself Lead Agency for purposes of commencing the SEQRA
review; classified the action as a Type I Action under SEQRA; and determined
that a Generic DEIS ("GDEIS") shall be prepared in conjunction with
the SEQRA review of the Comprehensive Plan and that the said GDEIS be prepared
by the Town’s Consultant Planner, Greenplan, Inc. The Town Board determined that Scoping for
purposes of focusing the GDEIS on potentially significant adverse impacts and
to eliminate the consideration of those impacts that are irrelevant or
non-significant in conjunction with the SEQRA review of the Comprehensive Plan
pursuant to §617.8 should be conducted and held a public meeting on May 22,
2006 for purposes of allowing the public and interested agencies to provide
their input on the Scope of the GDEIS pursuant to §617.8(e). The Town
Board also has scheduled a Public Hearing on the proposed Comprehensive
Plan for June 19, 2006 in accordance
with the requirements of §272-a(6) of the Town
Law.
The Town
Board has also directed the Town’s Consultant Planner to continue
work on
draft amendments to the Zoning Law to reflect the recommendations for
changes
in the Zoning Law, as set forth in the proposed Comprehensive Plan.
The Town
Board has determined that it requires additional time to complete
its review
and acceptance of the Comprehensive
Plan, and to enact amendments to its Zoning Law, and other Land Use Regulations so that the same are
consistent with the said Comprehensive
Plan.
The
proposed Comprehensive Plan recommends
that the Town Board implement several substantive changes to its existing Zoning Law, including, but not
necessarily limited to: (i)
increasing the required minimum lot
sizes and
adjustment
of corresponding bulk requirements in
portions of the R5A Zoning District to 10 and 20 acres; (ii) retention of
the existing residential five (5) acre
Zoning
District (R5A) for the largely developed residential lots immediately
East of
the Hamlet of Rhinecliff; (iii) retention of the existing residential
one (1)
acre Zoning District for largely developed residential lots
fronting
on
between the Village and the Hamlet; (IV) increasing
the
required lot sizes in the R3A District to six (6) acres and adjusting
corresponding
bulk requirements; (v) rezoning of the entire R1A District South of
the
Village and East of Route 9 to the a new Rural Agricultural 6 Zoning
District;
(VI) rezoning the entire R1A District North of the Village and West of
Route 9
and portions of the R1A District North and South of
and West
of the Village to a Rural Agricultural Zoning 10 District; (vii)
rezoning
a portion of the R1A District West and Southwest of the Village and
North
and South of the
to a new Historic Preservation Zoning
District;
(viii) creation of two (2) Traditional Neighborhood Districts, one
adjacent
to the Hamlet of Rhinecliff and the other located on Astor Flats; and
(ix)
elimination of the Planned Residential Development District and the
Planned
Unit Development Districts.
In light
of all of these factors, it is appropriate for the Town Board to
enact a
Moratorium of certain development within the Town in order to prevent
land use
development which may prejudice, and be inconsistent with, the Town's
Comprehensive
Plan and/or new or Amended Land Use Laws or Regulations which may be enacted
and/or approved by the Town Board. The
Town finds that appropriate interim measures must be taken in the form of a
moratorium on the review and approval of certain development and uses while
recognizing that there may, in the future, be a need for a moratorium on
additional development and uses, as the adoption of the Comprehensive Plan, and
Amended Zoning Law, and other amended or new Land Use Regulations comes closer
to fruition. The Town Board also
recognizes that it is appropriate to provide a mechanism for property owners or
sponsors of proposed development to seek relief from the
provisions
of this Moratorium Law upon a showing of hardship and a variance
procedure
has been provided in this Law for that purpose.
SECTION 3. ACTIONS PROHIBITED BY THIS
MORATORIUM
The Town
Board hereby declares a moratorium prohibiting each of the following
actions:
A. Acceptance by the Town Board and/or review
by the Planning Board or the Town's
planning and engineering consultants of any
application, whether submitted or prospective, for establishment of a
Planned Residential Development District
as authorized within the Planned Residential
Development Overlay (PRD-O) District established within Zoning Code
Section II(A) and
regulated
in accordance with Zoning Code Section VIII.
B. Acceptance by the Zoning Enforcement
Officer or Planning
Board
and/or review by the Planning Board or the Town's planning and
engineering
consultants of any application, whether submitted or prospective, for
issuance
of a Special Use Permit for a Planned Unit Development (PUD) Project
pursuant
to the District Schedule of Use Regulations found at Zoning Code
Section
III and as authorized within the Planned Unit Development Overlay (PUD-O)
District established within Zoning Code Section II (A).
C. Acceptance by the Zoning Enforcement Officer
or the Planning Board and/or review by the Planning Board or the Town's planning
and engineering consultants of any application, whether submitted or
prospective, for
issuance
of a Special Use Permit or grant of site plan approval pursuant to
the
District Schedule of Use Regulations found at Zoning Code Section III and
as
further regulated by Zoning Code Sections VI and VII, respectively, for
establishing
of either a "gasoline station at automobile service facility" or
a
"convenience store", as such terms are employed and defined within
the
Zoning
Code.
D. Acceptance by the Zoning Enforcement Officer
or the Planning Board and/or review by the Planning Board or the Town's planning
and engineering consultants of any application, whether submitted or
prospective, for
subdivisions
of land which are defined as "major subdivisions” under the
Town's
current subdivision regulations as set forth in Chapter 101 of the Town
of
Rhinebeck Code. This provision shall
not, however, apply to applications
for
major subdivisions of property pending before the Town of Rhinebeck Town
Planning
Board at the time of the effective date of this Local Law which have
received
Preliminary Subdivision Approval, as that term is defined in the
Town Subdivision
Regulations.
E. Acceptance by the Zoning Enforcement
Officer or the Planning Board and/or
review by the Planning Board or the Town's planning and engineering consultants of any
application, whether submitted or
prospective, for issuance of a Special Use Permit or grant of site plan
approval pursuant to Zoning Code
Sections VI and VII, respectively, for the establishment of any use, regardless of the term employed
within the District Schedule of
Regulations found in Zoning Code Section III to describe the use, which
would, in the opinion of the Zoning
Enforcement Officer, be classified as an "adult use" including, but not limited to, uses
described as "adult arcade", "adult bookstore", "adult booth",
"adult motel", "adult theater", "special cabarets", "physical culture establishments",
"private performances", and "adult photographic or modeling studios", and
including any business establishment
whose primary business stock-in-trade is dependent upon activities
relating to sexual activities and the
display of related anatomical areas of the human body.
F Acceptance
by the Zoning Board of Appeals of any Application for Area Variance, any
Application for Use Variance, any Application for Authorization of Change of
Use, and/or any Request for Interpretation related to any of the actions
prohibited within above Paragraphs
"A" through "E".
SECTION 4. Term.
The Law
shall be in effect for a period of twelve months from the effective
date of
this Law.
SECTION 5. Penalties.
Any
person or entity that shall undertake, or permit, the use of,
development,
construction, erection or alteration of any land or buildings in violation of
the provisions of this Local Law, or that shall otherwise violate any of
the
provisions of this Local Law shall:
(i) be guilty of an offense punishable by a fine not
exceeding
$350.00, or imprisonment for a period not to exceed six months, or both. Each week’s continued violation shall
constitute a separate offense; and
(ii)
be
subject to appropriate action or proceeding by the proper authorities of the
Town to enjoin, correct or abate any violation of this Local Law.
SECTION 6. Variances.
The Town
Board shall have the power to grant a variance from the application
of any
provisions of this Local Law upon its determination, in its absolute
discretion,
in accordance with the procedures and standards set forth herein:
A. An
application for a variance shall be filed in triplicate with the Town
Clerk, together with a filing fee of $250.00.
The application shall specifically recite the nature of the proposed use
of the land, the circumstances pursuant to which the variance is sought and an
explanation of how the variance applicant meets the criteria for granting a
variance as set forth herein. If the
variance is for a use, development or construction which requires the issuance
of a building permit, Site Plan approval, Special Use Permit and/or subdivision
approval, the application shall be accompanied by all plats, plans, and
submission materials as may be required in conjunction with those applications.
B. The Town Board, upon receipt of any
application for a variance
herein,
may refer the application to the Dutchess County Department of Planning, the
Town of
Rhinebeck Zoning Board of Appeals, the Town of
Attorney to the Town, the Town Engineer, and/or the Town's Consultant Planner
for their advice and recommendations. If
one or more referrals are made, the agency, Board Committee and/or consultant
to whom the referral is made shall present their reports and recommendations to
the Town Board within forty-five (45) days after the referral is made. The Town Board shall not, however, be
required to follow the recommendations and advice it receives in making its
determination.
C. Referral shall be made to the Dutchess
County Department of Planning where required by General Municipal Law §239(l)
or (m).
D. The Town Board shall conduct a public
hearing on any complete
application
for a variance within forty five (45) days of receipt by the Town
Clerk,
and shall issue a decision on the application, in writing, within thirty
(30)
days of the close of the public hearing.
Such decision shall be sent
to the
applicant, and shall be filed in the Office of the Town Clerk within
five (5)
business days of the issuance of the decision.
E. No variance shall be granted by the
Town Board unless the Town
Board
shall find and determine, and shall set forth in its resolution granting
such
variance, that:
(i) Failure to grant the variance to the
applicant will cause the
applicant
“unnecessary hardship” as that term is defined in §267-b (2)(b) of the
Town
Law, which hardship is substantially greater than any harm to the
general
public welfare resulting from the granting of the variance. Unnecessary
hardship
shall not constitute the mere delay in being permitted to make
application
for a building permit, subdivision, special permit, Site Plan approval
and/or
other approval during the period of this Moratorium;
(ii) The grant of the variance will clearly
have no adverse effects
on any
of the Town’s goals or objectives as set forth in the Town’s proposed
Comprehensive
Plan, and the use, project or activity will not be detrimental
to the community’s
resources or character as described in the Town’s
proposed
Comprehensive Plan; and
(iii) The project or activity for which the
applicant seeks a variance
is in
harmony and consistent with the proposed Comprehensive Plan and with
any
interim data, recommendations and/or
conclusions which, to date, have been promulgated, produced or drafted by the Town's Consultants
as recommendations for amendments to, or
the enactment of new, Land Use Laws or Regulations.
F. The burden of proving that the
application for a variance meets
the
criteria as set forth in this Local Law shall be upon the applicant, and
such
showing must be made by competent proof and/or evidence.
G. In
the event the Town Board grants a variance from the provisions
of this
Local Law to the applicant, the applicant shall be required to comply
with all
provisions of the Town’s current Zoning Laws and/or subdivision
regulations,
or any amendments to that law or regulations which may be enacted
during
the term of this Law and other Land Use laws or regulations, and to all
requirements
of the State Environmental Quality Review Act, in conjunction
with
such application proceedings.
SECTION 7. Severability.
The invalidity
of any provision of this Local Law shall not affect the
validity
of any other provisions of this Local Law which may be given effect
without
such invalid provision.
SECTION 8.
Supersession of the Town Law.
This
Local Law is hereby adopted pursuant to the Municipal Home Rule Law
§10(1)(i)
and (ii) and Subparagraph (a)(11) and
(12) and shall supersede the
provisions
of the Town Law, §267-b, §274-a, 274-b,
276, 277, 278 and 279 of the State of
New York and any inconsistent provisions set forth in Article 16 of
the Town
Law and the provisions of Local Laws Numbers 3, 6 and 8 of 2005.
SECTION 9.
Effective Date.
This
Local Law shall take effect immediately when it is filed in the Office
of the
New York State Secretary of State in accordance with §27 of the
Municipal
Home Rule Law
Town
Counsel Replansky explained that this new law will extend the original building
moratorium to July 31, 2007 and add some new stringent provisions for variances. This moratorium is further strengthen by a
stipulation recommended by the town planning board to limit subdivisions of 5 or more lots
whereas the original law dealt with 10 or more lots. There is no SEQR involved with this proposal.
Supervisor Block felt this is a much
stronger moratorium than the last one passed.
All were in favor of setting the public hearing for June 26th
at 6:55 pm to introduce this local law.
3. Paul motioned
and Linda seconded to introduce proposed local law 4 of 2006 to permit the town
board to waive the mandated peddler fee in circumstances related to town
sponsored events.
said this will set up a fee schedule which will be renewable at the
organizational meeting in January of each year.
would like the Budget and Finance Committee to get their proposed fee schedule
to a vote as soon as possible. Once the
law is passed a comprehensive fee schedule is necessary. He will co-ordinate the existing fee’s into
this law and bring back to the Board in July.
No vote taken. Dod motioned and
Paul seconded to table this until all the bugs are worked out. All were in favor of tabling.
4. Paul motioned and Ellen seconded to consent to
the
as Lead Agency in the Mirabeau Inn & Spa application. Mike Trimble is concerned about any sewage
plant expansion. Motion carried
unanimously.
5. On motion by Paul and second by Dod, Rosemary
Edwards-Pilch was unanimously hired as part time cemetery laborer at $10 per
hour.
6. Dod
motioned and Paul seconded to appoint Mitchell Markey to the Planning Board,
term to expire 12/31/07. Sally stated
that Jack Varricchio has suggested considering having alternates on the
Planning Board since there seems to be an issue for having a quorum present at meetings. Dod suggested having Jack directly write the
Board with his request. All were in
favor of appointing Mitch.
7. Linda
motioned and Paul seconded to hire additional counselors for the summer camp
program: Jade Goehring at $7.35, Hank
Wagner, Katie Wagner, Danielle Bovee, Tiffany O’Leary, Ryan O’Leary, Philip
Berezney, Alexa Besgen at $7.00 for full day and Kevin Tripp and Chris Visentin
at $7.00 and Alexander Clark at 7.35 for Half Day Camp. Swim Team Assistant Coach Jamie Rufe at $8.00
per hour and Brittney Flandreau as C.I.T. (no pay). All were in favor.
8. Paul
motioned and Ellen seconded to appoint Nikki Koenig Nielson of Shingebliss
Associates to provide technical and editorial assistance in government grant
writing at $100 per hour for an amount not to exceed $2500.
Paul wondered if
we were following our procurement policy and if there is any evaluation
metric?
our policy is being followed.
9. On
motion by Paul and second by Dod, Marybeth Cale of Cale Consulting was
appointed to provide technical and editorial assistance in private foundation
grant writing at $100 per hour for an amount not to exceed $2500. All were in favor.
10. Paul motioned and Linda seconded to approve resolution
confirming and amending
for the purpose of undertaking community development and home programs for
years 2007-2009. Steve feels it makes
sense to confirm our participation if we become eligible for these funds.
said this is a generic resolution which all municipalities must pass to
participate. All were in favor.
11 Paul motioned
and Linda seconded to approve following resolution for the Dutch Reformed
Church 275th anniversary. All
were in favor.
WHEREAS,
the Reformed Church of Rhinebeck was established in 1731 as the Reformed Dutch
WHEREAS, the official exact date of the origin of the Church was
June 28, 1731; and
WHEREAS,
many of the founders and worshippers at the Church were early families of Rhinebeck,
including the Beekman, Livingston, Bogardus, Tremper, Kip, Van Wagenen and
Heermance families; and
WHEREAS, the church includes a cemetery where soldiers of the
Revolution are buried, whose names are read and honored every year on Memorial
Day; and
WHEREAS, the church has continued to play an important
uninterrupted role in the spiritual, civic, and social life of Rhinebeck for
the past 275 years;
NOW, THEREFORE, BE IT RESOLVED that the town board of Rhinebeck
does hereby commemorate June 28, 2006 as the 275th anniversary of
the Reformed Church of Rhinebeck.
12Paul motioned
and Ellen seconded to authorize bookkeeper to transfer funds to prepare and file
all the paperwork necessary for the Highway Garage Ban of April 2006. Town Attorney 00 01 1420 452 - $1,200.00
Bond Attorney 00 01
1420 401 + $1,200.00
Motion carried
unanimously.
13. Paul
motioned and Ellen seconded to approve disbursements: check 4160-4202 , v
417-464 Genl Fund $ 5,311.82
Hway Gen
Fund 1,288.05
Hway PT Fund 7,966.14
Trust/Agency 1,642.50
Capital
Fund 69,436.38
TOTAL $ 85,947.16
June 12, 2006 List of Disbursements for
Vouchers 464-502 chks 4203-4229, $54,037.34
14. On
motion by Paul and second by Ellen the May 8th, May 22nd and June 1st minutes
were unanimously approved.
Old Business
15. Joe and
Devin Schatzel draft contract to dismantle
Town. Salvageable material will first go
to Pallatine Farm restoration and then the Schatzels. All debris which isn’t salvageable will be
hauled away. All will be at no cost to
the Town. Paul is concerned with how
much to barn is worth. Should this be
put out to bid and then if no bidders go this route.
is worried about individual working, is there general liability or workman’s
compensation. Selective insurance has
advised us not to do this. It is better
to contract out this. Steve will call
Ray Jurkowski.
16. Dod motioned
and Paul seconded to postpone the scheduled special meeting on June 20th to
decide the fate of the proposed scoping document. lan and that it may want to
alter the schedule and content of the scoping document and process accordingly. Steve feels there is too much to digest and
the Board needs more time to hear reactions to the Comp Plan. The content of the scoping document may need
altering which could also alter the process.
Dod questioned whether the Board was on the clock and
applicant under SEQR and we can waive the time limit. All were in favor.
17. Discuss
the resolution NYS Department of State to launch state review of Rhinebeck’s
previously adopted Local Waterfront Revitalization Plan. Paul explained the LWRP is a tool to help us
protect the Town. We can get legal aid
from the Department of State and access to various grants. We have had the LWRP and Historic Building
Preservation since February 2005. Evidently this resolution will allow the
D.O.S. to start circulating our plan for their comments. Steve wants more time to read the LWRP. Linda pointed out that the Town has already
adopted the LWRP.
and Paul said it came directly from the D.O.S.
Mike Trimble doesn’t understand why this resolution is needed. The LWRP is a very important document and the
Town worked extremely hard to get it developed. The D.O.S. is holding Rhinebeck to higher
standards than other municipalities. He is fed up with the way the D.O.S. has
handled this whole process.
L.W.R.P. and call Bill Sharpe at the D.O.S. and report back to the Board. Sally Mazzarella doesn’t share Mike’s lack of
trust. She feels it is just a matter of
timing. This is a good mechanism for the
State to work on our behave if consistencies are not met.
NEW BUSINESS
18. Scheduling a public mid-year review and
evaluation on the reforms and new initiatives undertaken since early January. Dod supports the idea but with the length of
some of our meetings, he suggested making it tentative and come up with a date
at the June 26th meeting.
19 Discussing
request from Williams Carroll, executive director of Rehab Programs, Inc., to
locate a group home for women with disabilities at 752 Rt. 308 in the town of
recapped the letter and explained the town has 40 days to respond to: 1.
approve the site, 2. suggest an alternative or 3. object to this
establishment. He recommends holding a
public hearing as soon as possible.
Linda pointed out that there is old data in the letter about the
existing facilities located in Rhinebeck.
Paul questioned if there is an average number of homes for
municipalities. Rhinebeck seems to have
a lot of them.
Sally said the
Town established an Alternate Care Housing Committee years ago with Mary
Hathaway as Chairperson. They developed
an inventory and interacted with the Planning Board. She stated that 7% is considered a safe
number facilities according the
Commissioner Glack of the Mental Hygiene Department and Rhinebeck is at 20%
with nursing homes and 16% without them.
The Committee was called upon to review specific applications and did
the grunt work. Informally, agencies
have stated that Rhinebeck would not be considered. Ellen said Social Services in
our current number of facilities. She
will call them for an updated report.
Steve will send
a letter alerting the surrounding neighbors.
will ask Bill Carroll about the three year old data and invite him to the
hearing. On motion by Dod and second by
Ellen the public hearing on June 26th
at 7:00 was unanimously approved.
Miscellaneous
Items
Dod thanked the
Board of Assessment Review and the assessors for all their hard work during the
Grievance process. There was a 33%
increase in the number of grievances filed this year. The assessors office did lots of prep
work. The Town Board will be looking at
some new proficiency standards for next year.
He wants the assessors, the state representative and John Watch to give
us some information and try to access the quality of the assessments this
fall. We need a better education system
for the public next year.
Comprehensive
Plan June 19th Public Hearing ground rules:
Steve would like
to establish a format for next Monday’s public hearing.
says the number of residents who come to
speak should sign in and then set a time limit. From the sign in sheet, the time allowed can
then be determined. Steve hates to sets
a time limit. It is important for us to
be flexible despite the numbers. He
suggested stopping the meeting at 10:00.
Dod feels maybe 10:30 would be better since our June 26th
agenda is already getting loaded. He
would like to request written statements and keep individual speakers to 5
minutes. Steve wants to concentrate on
the public reaction.
Ted. Sally told the Board that the
Zoning sub committee has agreed to bring their plan forward. Linda feels it is important for the Board to
have a liaison at the zoning sub committee meetings. Dod wondered if there is a work completion
plan and what are the end points. He
would like to see projections, give us a measure of the work scope. Sally will ask Ted to work these up in draft
form. Dod feels that Ted needs to sit
down and quantify the status.
At 9:40 on
motion by Paul and second by Linda the Board went into Executive Session for
potential litigation. All were in favor.
ADJOURN
At 10:27 the Board returned
from Executive Session and Ellen motioned and Dod seconded to adjourn the meeting. All were in favor.
Respectfully submitted
Barbara Cunningham
Town Clerk