Town Board Meeting Minutes 7-14-08

Date of Minutes: 
07/14/2008

TOWN BOARD MEETING MINUTES

JULY 14, 2008

Present

Supervisor Tom Traudt Highway Superintendent Kathy Kinsella

Councilman Dan Staley 18 residents

Councilman Bruce Washburn

Counsel Pamela Richardson

Absent

Councilwoman Ellen Silverstein

Councilman Dod Crane

At 6:45 pm the Supervisor called this meeting to Order and introduced Lilly Knapp and Erin Forbes from Brownie Troop 78 to lead the audience in the Pledge of Allegiance.

ANNOUNCEMENTS

Friday, July 18th Acoustic Jam, 7:00 pm at the Town Pool

Waterfront Committee is seeking volunteers for waterfront day celebration on August 16th. For more information contact Cathy Washburn at 876-2244 or go to Town website.

The Finance & Controls committee is seeking a new member. Contact the Town Hall for an application.

Child ID will be held on August 3rd from 12 pm to 4 pm at the Recreation Park

Child Safety Seat Installation on August 6th from 9 am to 3 pm at the Recreation Park

Dan Staley stated the Rhinecliff Dock concert held on July 13 was a huge success and thanked Cynthia Baer and the rest of the Rhinecliff Waterfront Committee for all of their hard work.

Dennis McGuire stated the large pot holes on Haggerty Hill Road have not been taken care of. One hole located on a bad turn is very dangerous. The stone placed on the side of the road washes out every time it rains and is damaging paint of vehicles. Kathy Kinsella stated she has spoken with Mr. McGuire about these issues, increasing the depth of the culvert is on the work list. The pot hole will be addressed immediately.

BUSINESS

  1. Dan Staley motioned to Authorize Supervisor to sign letter of support on behalf of Cornell Coop in their request to Thomas Thompson Foundation for a feasibility study grant. Supervisor Traudt stated he would like more discussion on this. Bruce Washburn agreed. This item will be reviewed and further discussed at the next Town Board meeting.
  2. A motion was made by Dan Staley and seconded by Bruce Washburn to Approve June 23rd and June 26th meeting minutes as submitted. All present were in favor. Motion carried.
  3. Schedule Comprehensive Plan scoping session for August 14th at 6:45 pm, at the Rhinebeck High School auditorium. Warren Replansky, attorney for the Comp Plan Committee stated this session is scheduled as part of the resolution presenting the Draft Comprehensive Plan, Draft Zoning Law and Draft Wetlands Law to the Town Board. Warren then read the following resolution, for the Board’s consideration:

TOWN BOARD

TOWN OF RHINEBECK

RESOLUTION RE-COMMENCING REVIEW OF PROPOSED

COMPREHENSIVE PLAN AND COMMENCING REVIEW OF THE PROPOSED ZONING LAW AMENDMENTS AND FRESHWATER WETLANDS LOCAL LAW

WHEREAS, the Town Board of the Town of Rhinebeck determined in 2002 that a revision of the existing Town of Rhinebeck Comprehensive Plan, which had been adopted on June 5, 1989, was necessary and in the best interest of the Town of Rhinebeck and its citizens; and

WHEREAS, in 2002 the Town Board, by Resolution, created a Comprehensive Plan Committee to act as Special Board pursuant to Section 272-a(4) of the Town Law to act as Special Board for the purposes of preparing a proposed Amended Comprehensive Plan and proposed Amendments to the Town’s Zoning Law and the Town Board appointed Sally Mazzarella as Chairman of said Committee, and appointed 22 members to that Committee; and

WHEREAS, the Comprehensive Plan Committee, to ensure that residents of Rhinebeck had a central role in the development of the Comprehensive Plan, held over 100 public participation meetings, including focus groups and visioning sessions held at the Town Hall and neighborhood centers, as well as the Middle and High Schools for youth participation; and

WHEREAS, the purpose of this comprehensive and inclusive participation process phase was to provide for diverse and inclusionary opportunities for debate, interaction, education and sharing of ideas so individuals young and old could articulate their vision for the future conservation, growth and development of their community; and

WHEREAS, the Comprehensive Plan Committee worked diligently to ensure that the Rhinebeck Comprehensive Plan embraced the desires and ideals articulated by Rhinebeck citizens through these meetings and forums, as well as a public opinion survey; and

WHEREAS, the Town of Rhinebeck Comprehensive Plan Committee by Resolution dated April 17, 2006 presented a proposed Comprehensive Plan (known as the “Rhinebeck Plan”) to the Town Board and recommended to the Town Board the adoption of said proposed Comprehensive Plan; and

WHEREAS, on May 9, 2006 the Town Board accepted receipt of the proposed Comprehensive Plan from the Town of Rhinebeck Comprehensive Plan Committee for purposes of initiating the review and adoption procedures as prescribed in Section 272-a of the Town Law on May 9, 2006; and

WHEREAS, the Town Board determined that the adoption of an Amended Comprehensive Plan constituted an “Action” subject to SEQRA and that the Town Board was the only “Involved Agency” as that term is defined in 6 NYCRR §617.2(s) for the review of the potential environmental impacts of the adoption of the Comprehensive Plan and designated itself as Lead Agency with regard to the SEQRA review of the Comprehensive Plan; and

WHEREAS, the Town Board determined that a Draft Generic Environmental Impact Statement (“DGEIS”) shall be prepared in conjunction with the SEQRA review of the Comprehensive Plan and that said DGEIS be prepared by the Town and, therefore, waived the requirement for preparation of a Full Environmental Assessment Form pursuant to §617.6(a)(4) (“EAF”) in conjunction with the SEQRA review of the Comprehensive Plan; and

WHEREAS, the Town Board adopted a Positive SEQRA Declaration and determined that “scoping” for the purpose of focusing the DGEIS on potentially significant adverse impacts, and elimination of consideration of those impacts that are irrelevant or non-significant shall be required in conjunction with the SEQRA Review of the Comprehensive Plan and adopted a Draft Scope; and

WHEREAS, the Town Board conducted a public meeting on the proposed Scoping document on May 22, 2006, and a public hearing on the proposed Comprehensive Plan on June 19, 2006, in accordance with the requirements of §262-a(6) of the Town Law; and

WHEREAS, the Town Board determined, as a result of input received from the public and the Dutchess County Planning Department, that it would be appropriate for the Town Board to complete the Amendments to the Zoning Law, and to adopt the amendments to the Zoning Law simultaneously with the Comprehensive Plan; and

WHEREAS, the Town Board appointed an Open Space and Affordable Housing Committee and retained the services of a consulting firm to assist the Committee in developing an Open Space and Affordable Housing Implementation Plan, which has been incorporated in Part 2 of the Comprehensive Plan and the Zoning Law to ensure that the Town’s Goals of Open Space and Affordable Housing for the Rhinebeck Community can be achieved; and

WHEREAS, the Town has drafted a Freshwater Wetlands Law and the Town Board has determined to review the Freshwater Wetlands Law simultaneously with the review of the Comprehensive Plan and Zoning Law Amendments; and

WHEREAS, the draft Freshwater Wetlands Law, proposed Local Law No. 3 of 2008, has been completed and presented to the Town Board for adoption; and

WHEREAS, the proposed Amendments to the Town’s Zoning Law have been completed by the Subcommittee of the Comprehensive Plan Committee (known as the Zoning Review Committee), and have been amended and revised by the Town’s consultants, and presented to the Town Board for adoption; and

WHEREAS, the Town Board, through its consultants, has made certain revisions and amendments to the proposed Comprehensive Plan as submitted by the Comprehensive Plan Committee; and

WHEREAS, the Town Board has determined to recommence the review of the proposed Comprehensive Plan, and the review of the Amendments to the Zoning Law and Freshwater Wetlands Law simultaneously.

NOW, THEREFORE, BE IT RESOLVED:

1. That the Town Board hereby recommences the process for the review and adoption of the Comprehensive Plan, pursuant to §272-a of the Town Law.

2. That the proposed adoption of the Amendments to the Zoning Law and Freshwater Wetlands Law constitute “Actions” subject to SEQRA.

3. That the proposed adoption of the Amendments to the Zoning Law and Freshwater Wetlands Law constitutes Type I actions pursuant to §617.4 and the Town Board is the only “Involved Agency” pursuant to 6 NYCRR §617.2(s) for purposes of the review of the potential environmental impacts of the Amendments to the Zoning Law and Freshwater Wetlands Law.

4. That the Town Board is hereby designated as Lead Agency with regard to the SEQRA review of the Amendments to the Zoning Law and Freshwater Wetlands Law.

5. That the Town Board hereby adopts the Positive SEQRA Declaration, a copy of which is annexed hereto, in which it has determined that the proposed adoption of the Town of Rhinebeck Comprehensive Plan, Amendments to the Zoning Law and the Freshwater Wetlands Law are Type I actions under SEQRA and may include the potential for at least one Significant Environmental Impact and that “Scoping” for purposes of focusing the DGEIS on potentially significant adverse impacts, and to eliminate consideration of those impacts which are irrelevant or insignificant shall be required in conjunction with the SEQRA review of the Comprehensive Plan, Amendments to the Zoning Law and adoption of the Freshwater Wetlands Law.

6. That the Town Board hereby waives the requirement for preparation of a Full Environmental Assessment Form pursuant to §617.6(a)(4) (“EAF”) in conjunction with the SEQRA review of these actions because the Town Board will be preparing a DGEIS.

7. That the Town Board hereby accepts the Draft Scoping Document, a copy of which is annexed hereto, and shall conduct a Public Meeting to be held on August 14, 2008, at 6:45 p.m. at the location specified in the Public Meeting Notice for the purpose of allowing members of the public and all interested agencies to provide their input on the scope of the DGEIS pursuant §617.8(c).

8. The Town Clerk is hereby directed to provide notice of the Scoping meeting and hearing by publishing notice of the same in the Town’s official newspaper at least ten (10) calendar days in advance of the meeting and provide such other notice of the meeting and hearing as may be required by law.

9. That a copy of the draft Comprehensive Plan, draft Amendments to the Zoning Law, draft Freshwater Wetlands Law, draft Scoping Document and Positive Declaration shall be posted on the Town’s official website, and copies of these documents shall also be made available for public review and inspection, prior to the Public Hearing, at the Starr Library and Morton Library; and copies of Volume 2 of the draft Comprehensive Plan will be available at the Town Hall and at the Starr Library and Morton Library for inspection by the public; and copies of Volume 1 of the draft Comprehensive Plan, draft Amendments to the Zoning Law and draft Freshwater Wetlands Law may be downloaded from the Town’s official website and may be obtained from the Town in a CD in PDF format at the Town Hall; and copies of Volume 1 of the proposed Comprehensive Plan and Zoning Law may be purchased at the UPS store located at 6565 Spring Brook Avenue, Suite 8, Rhinebeck, NY.

10. That the proposed Comprehensive Plan is hereby referred to the Town of Rhinebeck Planning Board for its review and recommendation pursuant to §272-a(5) of the Town Law, and the proposed Zoning Law is hereby referred to the Town of Rhinebeck Planning Board for its review and recommendations pursuant to §XII of the Zoning Law; however, the referral of the proposed Zoning Law to the Planning Board shall be deemed to be a preliminary referral and the Planning Board shall not be required to adhere to the sixty day time period for filing its written report, and the Town Board and Planning Board, by future agreement, shall set the date for the submission of the Planning Board’s recommendations, pursuant to §XII(b) of the Zoning Law.

11. That the Town Board hereby refers the proposed Freshwater Wetlands Law to the Planning Board for its review and comment.

12. That the Town Board, pursuant to an agreement with Dutchess County Planning, shall refer the proposed Comprehensive Plan, Amendments to the Zoning Law, Freshwater Wetlands Law, Draft Scoping Document and Positive Declaration to the Dutchess County Department of Planning and shall, after adoption, send the Final Scoping Document and a copy of the DGEIS to the Dutchess County Department of Planning in satisfaction of the referral requirements of §239-m of the General Municipal Law.

13. That in addition to the other agencies and bodies herewith identified, the Town Clerk is hereby directed to provide copies of the proposed Comprehensive Plan, Amendments to the Zoning Law, Freshwater Wetlands Law, Draft Scoping Document and Positive Declaration to the following for their review, recommendations and comments:

a. Town of Rhinebeck Zoning Board of Appeals;

b. The Village of Rhinebeck Board of Trustees;

c. The Village of Rhinebeck Planning Board;

d. The Rhinebeck Central School District;

e. The Hudson River Valley Greenway;

f. The Local Government and Coastal Management Program of the New York State Department of State;

g. The Dutchess County Water and Waste Water Authority; and

h. The Dutchess County Agricultural and Farm Land Protection Board.

i. The adjacent communities of Hyde Park, Clinton and Red Hook.

j. The Town of Ulster and City of Kingston.

k. The Comprehensive Plan Committee.

l. The New York State Department of Agriculture and Markets

m. Such other interested parties as the Town Board, in its discretion, shall determine.

14. The Town Board hereby directs its consultants to complete a Coastal Assessment Form in conjunction with the adoption of the proposed Comprehensive Plan, Amendments to the Zoning Law and Freshwater Wetlands Law, in accordance with the requirements of the Town of Rhinebeck Waterfront Consistency Review Law (Local Law No. 2 of 2007), and to forward the completed CAF’s to the Town of Rhinebeck Conservation Advisory Council, together with a copy of the proposed Comprehensive Plan, Parts 1 and 2, proposed Amendments to the Zoning Law, Freshwater Wetlands Law, Draft Scoping Document and Positive Declaration for the council’s review and recommendation, pursuant to §5 of the Waterfront Consistency Review Law.

15. The Town Clerk is hereby directed to forward the Positive Declaration and Draft Scoping Document to all interested agencies and to the Environmental Notice Bulletin.

The above Resolution was offered by Councilman Dan Staley, and was seconded by Councilman Bruce Washburn.

Vote on Resolution:

Supervisor Traudt: ­AYE_____

Councilman Arthur Dod Crane ABSENT_

Councilwoman Ellen Silverstein ABSENT__

Councilman Dan Staley AYE______

Councilman Bruce Washburn ____AYE______

This Motion was duly adopted on July 14, 2008.

________________________________________

Joan Winne, Deputy Town Clerk

Supervisor Traudt stated the documents are available for review on the Town’s Web Site and thanked Kerri Karvetski for posting them. Sally Mazzarella stated the documents are available to be purchased from the UPS Store and copies on CD are available free of charge from the Town Clerk’s Office. Sally thanked Joan for all of her help.

  1. Dan Staley motioned and Bruce Washburn seconded to authorize Supervisor to sign letter of support for Morton Library for their handicapped accessible bathroom application to NYS Education Dept, Library Development. All present were in favor. Motion carried.

  1. Dan Staley stated he would like to table the authorization for purchase of bike rack for the waterfront. He has reached out to the Rotary Club for financial support for this purchase.

6. Pedestrian Bridge roof needs repairs – Dan Staley motioned and stated the money for this repair is in the budget. Mr. Staley also stated the bridge is not that old and he is investigating to see if the repairs would be covered under warranty. Bruce Washburn stated he spoke to Bob Fitzpatrick who believes the entire roof needs to be replaced; due to the height and pitch of the roof this would need to be done by professionals. Mr. Washburn suggested going out to bid on this project. Paul Niedercorn questioned if this is the bridge roof over the tracks and if so does it need to be coordinated with CSX. Dan Staley stated it is over the tracks, coordination will be done but the Town is responsible for the repairs.

Councilman Staley stated he would like this item tabled until he can further investigate if the repairs would be covered by warranty.

  1. Approval of e mail and website subscription policies.

Dan Staley motioned and the Supervisor opened the policies up for discussion. Bruce Washburn stated the policies have been reviewed by the committee, Town Board and Town Attorney. The policies can be upgraded in the future. Michelle Donner questioned the emergency contacts. Kerri Karvetski stated the emergency contact is built in the policy under other contact to all flexibility. Kathy Kinsella questioned if emergency postings needed Town Board approval. Ms. Karvetski stated the committee liaison can authorize this type of content to be sent. Paul Niedercorn stated the committee is collecting information on people who visit the Town Web Site such as the last site someone was in. Ms. Karvetski stated this is part of the web site program (Google analects) the Town is using. Aggregate information is collected; no names or e-mail addresses. Paul Niedercorn then questioned why the ‘linking’ policy is not addressed in this document. Ms. Karvetski stated the Town has a linking policy which states we can only link to other government and non-profit agencies, nothing commercial; a reference can be added to these policies. Supervisor Traudt asked if an IP Address is ever disclosed. Ms. Karvetski stated the site is not collecting IP addresses, only statistics. Bruce stated he would like to amend the policies to reflect the addition of the linking policy.

Bruce motioned to approve the e-mail and subscription policies as amended. Dan Staley seconded. The motion carried by a unanimous vote of the Board members present. Ellen Silverstein and Dod Crane were absent.

TOWN AND VILLAGE E-MAIL SUBSCRIPTIONS POLICY

G&K Comments – 6-11-08

PURPOSE

The Town of Rhinebeck has been broadcasting town news and information to residents via e-mail for several years. The Web Site Committee is calling these e-mail broadcasts e-mail subscriptions. This policy provides guidelines for the use of the Town E-Mail Subscriptions

Program.

E-mail subscriptions are used solely for the purpose of providing information to residents and other subscribers. They do not include inter- or intra-governmental e-mail. The Technology Committee oversees the creation and use of official town and village e-mail accounts and makes recommendations regarding official town and village e-mail accounts for employees, elected officials and other government representatives.

FOR INFORMATIONAL PURPOSES ONLY

The information distributed through e-mail subscriptions is to be used for informational purposes only; it is not to be construed as a legal notice. To notify subscribers of this fact, each e-mail in each e-mail subscription should contain the following disclaimer in the footer section:

"The information contained in this e-mail is for informational purposes only. It is not to

be construed as a legal notice."

WEB SITE AND E-MAIL SUBSCRIPTIONS

The Web Site Committee recognizes that e-mail subscriptions are an important new public outreach tool for the Town and Village. The Web Site Committee has assumed a stewardship and advisory role for e-mail subscriptions because the Web site and e-mail subscriptions serve a similar function – they broadcast news and information electronically. They also coordinate and reinforce one another – sites that use e-mail to drive traffic are generally more successful than those that don’t, and visitors expect to sign up and manage an e-mail subscription through the Web site.

E-mail subscriptions support the Web Site Committee’s mission to:

* Inform, educate and communicate town and village business

* Assist and encourage participation in community decision-making and civic life

* Help improve responsiveness, effectiveness and efficiency of public employees, volunteers and officials

The Web Site Committee recommends centralizing e-mail subscriptions through the Web site because:

* Subscribers expect to sign up for and manage an e-mail subscription on the Web site

* Subscribers can sign up for all Town- and Village-sponsored news in one place

* It allows the Town and Village to offer a well-defined privacy policy covering all subscriptions

* Eliminates the need to coordinate subscription changes across lists

MANAGING E-MAIL SUBSCRIPTIONS

Each subscription should be managed by a Subscription Manager. The Subscription Manager is responsible for receiving and processing content, adding names to the subscriber list that are gathered via sign-in sheets, and sending subscription e-mails. Managing an e-mail subscription will take one to several hours a week. Town Board and Village Board should plan accordingly to manage these tasks.

Only the Subscription Manager may send e-mail to his or her designated subscription. The Town and Village Records Managers may need access to e-mail addresses on all subscriptions to satisfy the requirements of state and local laws, but should not send e-mail to a subscription unless a) he or she is the Subscription Manager, or b) the Subscription Manager requests it.

The Web Site Committee will help with overflow and technical issues, but as volunteers should not be relied upon to manage e-mail subscriptions.

SUBSCRIPTION MANAGERS

Subscription Managers as of the date on this policy are:

Town E-Mail Group -- Deputy Town Clerk

Town Recreation Newsletter -- Deputy Town Clerk

In addition, the following people have access to e-mail subscriptions for administrative purposes:

Town Clerk

Web Site Committee Co-Chairs

Any changes or additions to this list of Subscription Managers should be approved by the Town Board for Town subscriptions and the Village Board for Village subscriptions, and given to the Web Site Committee for administration purposes.

Employees who have access to e-mail subscriptions are required to follow appropriate procedures, as outlined by the Town and Village Boards and New York State law (including NYS Technology Law 208 amended December 2005 and adopted as Town Privacy Policy), in connection with any disclosures of personal information.

CONTENT GUIDELINES

Each subscription should have a clear description of the types of content to be distributed to the list, and the anticipated frequency of e-mails. Subscriptions will only contain news and information and maintain a consistent style. Subscriptions must not include attachments, but may include links to documents posted on the Web site.

All departments, committees, and other official bodies of the Town and Village may submit items for inclusion in the Town E-Mail Group subscription.

The Town E-Mail Group Subscription Manager shall send all acceptable submissions from Town and Village departments and committees in a timely manner. The Town E-Mail Group

Subscription Manager will only send content that meets the content guidelines (see Acceptable Submissions below).

The Web Site Committee will advise Subscription Managers, Town Board, Village Board,

committees and departments regarding:

* adding, deleting, combining and splitting subscriptions

* appropriate content

* preparing content for e-mail

* proper formatting

* good subject lines

* timing and coordination of e-mails

* standard e-mail etiquette

Acceptable Submissions are:

* Town- and village-sponsored events

* School notices

* Policy notice/reminder

* Meeting notices, agendas and minutes

* Notice of official document availability – online or by mail or in person

* Change in office hours, hours of operation, holiday schedules, special hours, etc.

* Job openings and volunteer opportunities

* Other content recommended by departments and committees, or content submitted by the Rhinebeck Central School District or other municipalities (for example Dutchess County or New York State), AND approved by the designated Town Board or Village Board liaison, depending on which entity has jurisdiction

Unacceptable Submissions are:

* Political content

* Opinions

* Personal commentary

* Fundraising

* Commercial advertisements or information

RECRUITING SUBSCRIBERS

The Town and Village should encourage subscribers to sign up on the Web site or via a sign-in sheet at events in Town or Village Halls. Names should be delivered to the Subscription Manage regularly and entered into the system as soon as possible.

Town of Rhinebeck, NY Web Site Privacy Policy

G&K Comments – 6-11-08

The Town of Rhinebeck, NY (the “Town”) maintains this Web site to encourage and enable open communication between town government and town residents, including residents of the Village and hamlets within the town.

Information Collected Automatically When You Visit This Web Site

Information gathered automatically by our servers is used only in aggregate to help us maintain and improve the site and its usefulness to town residents. This information may include:

• The IP address of your Internet service provider (ISP) and/or your computer if it has an IP address assigned to it

• The domain name of your ISP and/or computer

• The type of browser and operating system you’re using

• The keyword(s) and phrase(s) you typed in the search engine you used to find the Town Web site

• The time and date of your visit

• The pages of the Town Web site that you visited

• The site you visited prior to the Town Web site

• If you downloaded a form, the form that was downloaded

None of the foregoing information is deemed to constitute personal information. The information collected is used to improve content of the Web site and/or to customize Website content for individual users. The information is not collected for commercial

marketing purposes and the Town is not authorized to sell or otherwise disclose the information collected from the Web site for commercial marketing purposes.

Cookies

Cookies may be used to store visitor preferences. Cookies are simple text files stored on your Web browser to provide a means of distinguishing among users of this Web site.

The use of cookies is a standard practice among Internet Web sites.

The software and hardware you use to access the Web site allows you to refuse new cookies or delete existing cookies. Refusing or deleting these cookies may limit your ability to take advantage of some features of this Web site.

Information Collected When You E-Mail this Web Site or Sign Up for an

E-Mail Subscription

During your visit to this Web site you may send an e-mail to the Town or sign up for an e-mail subscription. Your e-mail address and the content of your message will be collected. The e-mail address and the information included in your message will be used to respond to you, to address issues you identify, to improve this Web site, or to forward your message to another agency for appropriate action. Under certain circumstances, your e-mail address and the content of your e-mail may be subject to the disclosure requirements of the Freedom of Information Law. Your e-mail address is not collected

for commercial or fundraising purposes and the Town is not authorized to sell or otherwise disclose your e-mail address for commercial or fundraising purposes.

Information and Choice

As noted above, the Town does not collect any personal information about you during your visit to this Web site unless you provide that information voluntarily by sending an e-mail or signing up for an e-mail subscription. You may choose not to send us an e-mail or sign-up for an e-mail subscription.

Disclosure of Information Collected Through This Web Site

The collection of information through this Web site and the disclosure of that information are subject to the New York State Freedom of Information Law. This includes e-mail addresses and contents of e-mails. Information collected or submitted voluntarily to this site may not be used for commercial or fundraising purposes.

Confidentiality and Integrity of Personal Information Collected Through

this Web Site

The Town is strongly committed to protecting personal information collected through this Web site against unauthorized access, use or disclosure. Consequently, the Town limits employee access to personal information collected through this Web site to only those employees who need access to the information in performance of their official duties.

Employees who have access to this information are required to follow appropriate procedures, as outlined by the Town Board and New York State law (including NYS Technology Law 208 amended December 2005 and adopted as Town Privacy Policy), in connection with any disclosures of personal information.

Links to Other Sites

The Town Web site may include links to or from Web sites for other government agencies and third parties. No endorsement or sponsorship is implied of these linked sites, their content, opinions, accuracy, products or services.

The Town Board may change this privacy policy from time to time. The Town will use reasonable efforts to post a copy of the current privacy policy on this Web site.

Site visitors with questions or concerns about the Town Web site or this privacy policy may contact the town via e-mail (webadmin@rhinebeck-ny.gov), phone (845-876-3409),

or United States Postal Service (80 E. Main St., Rhinebeck, NY 12572).

Bruce motioned to approve the e-mail and subscription policies as amended. Dan Staley seconded. The motion carried by a unanimous vote of the Board members present. Ellen Silverstein and Dod Crane were absent.

  1. Bruce Washburn motioned to authorize purchase of materials to build portable floor for outdoor concerts not to exceed $350 from capital project #38. Mr. Washburn stated he along with Bob Fitzpatrick will build this portable floor. The floor will provide a solid base off the damp ground for bands to perform outside concerts, Dan Staley seconded the motion. All present were in favor. Motion carried. Dod Crane and Ellen Silverstein were absent.

  1. Dan Staley motioned and Bruce Washburn seconded to Authorize justice department to advertise for and hire an additional court attendant to handle security entrance. Discussion: Sally Mazzarella questioned if the metal detector is required by the State, she questioned its necessity and stated she feels it is a philosophical issue. Bruce Washburn stated the court obtained a grant last year to purchase the equipment. Supervisor Traudt stated he would like to table this action while investigating the necessity/requirement for the additional security.

All were in favor of tabling any action.

10. Dan Staley motioned and Bruce Washburn seconded to approve Abstract 7 Vouchers 706 to 760 totaling $53,472.00. All present were in favor. Motion carried.

11. Approval Capital Funds payments – Capital Project 27 Town Landing abstract 1 voucher 1 - 191.75; Capital Project 77 Highway Equipment abstract 2 voucher 2 – 123,136.07; Capital Project 78 Cemetery abstract 2 voucher 3-5 total 7193.75

Dan Staley motioned and Bruce Washburn seconded to approve the Capital Funds expenditures totaling $130,521.57. All present were in favor. Motion carried.

12. Bruce Washburn motioned and Dan Staley seconded to schedule the initial public hearings on the Draft Comprehensive Plan and Zoning for October 3 and October 7, 2008 at 5:30 pm at the Rhinebeck Town Hall, with additional hearings to be scheduled if needed. Sally Mazzarella requested these dates be considered tentative; the consultants need to be available for these meetings. Bruce Washburn stated he is uncomfortable with the dates floating and would like something more concrete at this point. All present were in favor. Motion carried.

DISCUSSION

  1. Rhinecliff dock pavilion – no bids were returned – next step.

Bruce Washburn stated being no bids were returned, Bob Fitzpatrick determined the materials would cost $3,136.02. Mr. Fitzpatrick will build the pavilion as his time allows; this may need to wait until the fall. Dan Staley motioned and Bruce Washburn seconded to approve the expenditure to allow Bob Fitzpatrick to build the pavilion at the dock. All present were in favor. Motion carried.

  1. General discussion for comp plan/zoning review

Michelle Donner questioned if the Draft Comprehensive Plan will be distributed prior to August 14, and will additional time for questions and comment be given after the document is completed. Sally Mazzarella stated the documents are now available on the Town’s Web Site, for individual purchase at the UPS Store, and available for review at the Town Hall, the Village Hall and the Starr and Morton Libraries. The Scoping Session is the time to identify potential issues and it is very important people give their opinions. Tom Traudt stated it is very important the Town Board hear the opinions and stated written comments are also invited. Cynthia Philip stated that mid August is not a good time for a lot of people, will this be the only scoping session. Sally Mazzarella stated a second session will be set if necessary. Pam Richardson stated concerns can be submitted in writing and will become part of the record. Michael Trimble, Chairman of the Planning Board stated the subdivision regulations need to be updated/revised along with the Zoning and Comprehensive Plan.

3. Update of summer recreation programs. Bruce Washburn stated the recreation committee has been restructured to drive and mentor recreational offerings for all age groups in Rhinebeck.

Henry DeVries is mentoring the summer camp and pool programs.

Rhonda Hammond is the mentor for the subsidized recreation programs.

David Miller is mentoring the development of programs for adults.

Tom Connolly covers the ballfields, playgrounds and soccer field.

As far as projects go, the pool house has been painted, the pool fence bottom rails have been installed, the pool benches have been upgraded and the old benches have been installed at the soccer field. the basketball court has been refurbished. the ping pong table has been resurrected and the park parking lot has been painted. This week the playground benches are being reconditioned and the new diving board is being installed. Summer camp, tennis and pool programs are running well with the usual personnel and coordination issues that seem to crop up every summer. We have added an adult swim period from 12;30 to 1:00 weekdays. So far we have 13 candidates for the recreation director position, interviews will be held on July 25th.

Elizabeth Spinza questioned what happens to the ‘campers’ on a rainy day. Mr. Washburn stated it has been arranged with the school that on bad weather days the camp takes place at the school. Campers still need to be picked up when an unexpected thunderstorm happens. Mrs. Traudt stated she is pleased with the new pick up routine and the added security/safety.

  1. Speeding “no tolerance zones.” Paul Neidercorn stated the incidents of speeding on Morton Road out of Rhinecliff is frightening and requests the Town Board cause this area to become a no tolerance zone for speeding. This could be accomplished by directing the police and courts to not allow any leniency on speeders. Supervisor Traudt understand the concern but stated everyone has the right to defend themselves in court. Chris Gould stated the Town did a traffic study for Rhinecliff and the Hamlet of Rhinecliff some years ago but nothing was ever done. Supervisor Traudt stated that Councilwoman Silverstein is the Town Board liaison to the court and feels her input is necessary as part of this discussion in finding ways to address this problem; the Sheriff’s Office is currently doing radar on Mt. Rutsen Road. Acting Town Attorney, Pam Richardson stated she is unsure the Town Board has the authority to dictate to the court; perhaps something could be addressed in the Town’s Vehicle and Traffic Laws. Kathy Kinsella stated the Town hired AKRF to conduct a study of speed counts and accident history. Bruce Washburn suggested the Rhinecliff Advisory Council meet with Ellen Silverstein to brainstorm. The Supervisor stated this issue will continue at the August 25, 2008 workshop meeting.
  2. Licensed electrician law. Dan Staley stated he attended the Legislature workshop to discuss this issue. It appears the law would only allow a Master Electrician or their employee to do electrical work, which would leave out licensed electricians. Mr. Staley suggested the Board reach out to other Towns and discuss this issue with their legislator as well as encouraged individuals everyone pay close attention and get their views to their legislator.
  3. Vanderburgh update. Counsel stated the Board needs to have this discussion in executive session due to the pending notice of appeal.
  4. Rhinecliff Hotel maintenance agreement. James Chapman stated the Hotel Bar & Restaurant are ready to open but the Town Zoning can not issue a final Certificate of Occupancy until a written agreement is reached between the Town and Mr. Chapman on the private improvements within the Public right of way. Mr. Chapman stated his liquor license is pending on the final Certificate of Occupancy. Acting Attorney Pamela Richardson stated a number of improvements were made to the public right of way; the Town must give an easement or “legal right” to allow maintenance of the private improvements. This can be achieved by permissive referendum which will take approximately 2 month to pass. Mr. Chapman requests the Town expedite this process any way possible; this hold up could create a devastating financial hardship. Dan Staley asked if Mr. Chapman could put money in escrow and be allowed to open while the process is working out. Ms. Richardson stated a public referendum is required to all Mr. Chapman to do the work within the public right of way. Sally Mazzarella questioned if the improvement is satisfactory to the Town Engineer could the applicant post a bond. Paul Niedercorn questioned if the State would issue a temporary liquor license. Ms. Richardson stated the State will not issue the liquor license unless the applicant has a certificate of occupancy. Mr. Chapman stated another two months could be catastrophic to his business. Bruce Washburn questioned if the Board would be breaking the law if they issued a Certificate of Occupancy. Ms. Richardson stated she would need to investigate before she could answer that question. Paul Niedercorn stated that Mr. Chapman has suffered enough and would like the Board to find a way to move this forward. The Board agreed with Mr. Niedercorn and directed Counsel Attorney to investigate all possibilities.

Scheduling of Special Meeting

Councilman Washburn motioned and Dan Staley seconded the Board hold a Special Meeting on Monday, July 21, 2008, at 6:30 pm, to discuss alternative found by the Town Attorney. All were in favor. Motion carried.

EXECUTIVE SESSION

At 9:40 pm Dan Staley motioned and Bruce Washburn seconded to continue this meeting in executive session to discuss pending litigation with Vanderburgh Cove Homeowners. All present were in favor. Motion carried.

RETURN FROM EXECUTIVE SESSION

At 10:15 pm Bruce Washburn motion and Dan Staley seconded to resume the regular meeting from executive session. All present were in favor. Motion carried.

ADJOURNMENT

With no further business before the Board, the Supervisor accepted a motion from Bruce Washburn seconded by Dan Staley to adjourn this meeting. All present were in favor. Motion carried. The Supervisor declared this meeting adjourned at 10:16 pm.

Respectfully submitted,

Joan Winne

Deputy Town Clerk

TOWN BOARD MEETING MINUTES

JULY 14, 2008

Present

Supervisor Tom Traudt Highway Superintendent Kathy Kinsella

Councilman Dan Staley 18 residents

Councilman Bruce Washburn

Counsel Pamela Richardson

 

Absent

Councilwoman Ellen Silverstein

Councilman Dod Crane

 

At 6:45 pm the Supervisor called this meeting to Order and introduced Lilly Knapp and Erin Forbes from Brownie Troop 78 to lead the audience in the Pledge of Allegiance.

 

ANNOUNCEMENTS

 

Friday, July 18th Acoustic Jam, 7:00 pm at the Town Pool

 

Waterfront Committee is seeking volunteers for waterfront day celebration on August 16th. For more information contact Cathy Washburn at 876-2244 or go to Town website.

 

The Finance & Controls committee is seeking a new member. Contact the Town Hall for an application.

 

Child ID will be held on August 3rd from 12 pm to 4 pm at the Recreation Park

 

Child Safety Seat Installation on August 6th from 9 am to 3 pm at the Recreation Park

 

Dan Staley stated the Rhinecliff Dock concert held on July 13 was a huge success and thanked Cynthia Baer and the rest of the Rhinecliff Waterfront Committee for all of their hard work.

 

Dennis McGuire stated the large pot holes on Haggerty Hill Road have not been taken care of. One hole located on a bad turn is very dangerous. The stone placed on the side of the road washes out every time it rains and is damaging paint of vehicles. Kathy Kinsella stated she has spoken with Mr. McGuire about these issues, increasing the depth of the culvert is on the work list. The pot hole will be addressed immediately.

 

BUSINESS

 

  1. Dan Staley motioned to Authorize Supervisor to sign letter of support on behalf of Cornell Coop in their request to Thomas Thompson Foundation for a feasibility study grant. Supervisor Traudt stated he would like more discussion on this. Bruce Washburn agreed. This item will be reviewed and further discussed at the next Town Board meeting.
  2. A motion was made by Dan Staley and seconded by Bruce Washburn to Approve June 23rd and June 26th meeting minutes as submitted. All present were in favor. Motion carried.
  3. Schedule Comprehensive Plan scoping session for August 14th at 6:45 pm, at the Rhinebeck High School auditorium. Warren Replansky, attorney for the Comp Plan Committee stated this session is scheduled as part of the resolution presenting the Draft Comprehensive Plan, Draft Zoning Law and Draft Wetlands Law to the Town Board. Warren then read the following resolution, for the Board's consideration:

 

TOWN BOARD

TOWN OF RHINEBECK

RESOLUTION RE-COMMENCING REVIEW OF PROPOSED

COMPREHENSIVE PLAN AND COMMENCING REVIEW OF THE PROPOSED ZONING LAW AMENDMENTS AND FRESHWATER WETLANDS LOCAL LAW

WHEREAS, the Town Board of the Town of Rhinebeck determined in 2002 that a revision of the existing Town of Rhinebeck Comprehensive Plan, which had been adopted on June 5, 1989, was necessary and in the best interest of the Town of Rhinebeck and its citizens; and

WHEREAS, in 2002 the Town Board, by Resolution, created a Comprehensive Plan Committee to act as Special Board pursuant to Section 272-a(4) of the Town Law to act as Special Board for the purposes of preparing a proposed Amended Comprehensive Plan and proposed Amendments to the Town's Zoning Law and the Town Board appointed Sally Mazzarella as Chairman of said Committee, and appointed 22 members to that Committee; and

 

WHEREAS, the Comprehensive Plan Committee, to ensure that residents of Rhinebeck had a central role in the development of the Comprehensive Plan, held over 100 public participation meetings, including focus groups and visioning sessions held at the Town Hall and neighborhood centers, as well as the Middle and High Schools for youth participation; and

 

WHEREAS, the purpose of this comprehensive and inclusive participation process phase was to provide for diverse and inclusionary opportunities for debate, interaction, education and sharing of ideas so individuals young and old could articulate their vision for the future conservation, growth and development of their community; and

 

WHEREAS, the Comprehensive Plan Committee worked diligently to ensure that the Rhinebeck Comprehensive Plan embraced the desires and ideals articulated by Rhinebeck citizens through these meetings and forums, as well as a public opinion survey; and

 

WHEREAS, the Town of Rhinebeck Comprehensive Plan Committee by Resolution dated April 17, 2006 presented a proposed Comprehensive Plan (known as the "Rhinebeck Plan") to the Town Board and recommended to the Town Board the adoption of said proposed Comprehensive Plan; and

 

WHEREAS, on May 9, 2006 the Town Board accepted receipt of the proposed Comprehensive Plan from the Town of Rhinebeck Comprehensive Plan Committee for purposes of initiating the review and adoption procedures as prescribed in Section 272-a of the Town Law on May 9, 2006; and

 

WHEREAS, the Town Board determined that the adoption of an Amended Comprehensive Plan constituted an "Action" subject to SEQRA and that the Town Board was the only "Involved Agency" as that term is defined in 6 NYCRR §617.2(s) for the review of the potential environmental impacts of the adoption of the Comprehensive Plan and designated itself as Lead Agency with regard to the SEQRA review of the Comprehensive Plan; and

 

WHEREAS, the Town Board determined that a Draft Generic Environmental Impact Statement ("DGEIS") shall be prepared in conjunction with the SEQRA review of the Comprehensive Plan and that said DGEIS be prepared by the Town and, therefore, waived the requirement for preparation of a Full Environmental Assessment Form pursuant to §617.6(a)(4) ("EAF") in conjunction with the SEQRA review of the Comprehensive Plan; and

 

WHEREAS, the Town Board adopted a Positive SEQRA Declaration and determined that "scoping" for the purpose of focusing the DGEIS on potentially significant adverse impacts, and elimination of consideration of those impacts that are irrelevant or non-significant shall be required in conjunction with the SEQRA Review of the Comprehensive Plan and adopted a Draft Scope; and

 

WHEREAS, the Town Board conducted a public meeting on the proposed Scoping document on May 22, 2006, and a public hearing on the proposed Comprehensive Plan on June 19, 2006, in accordance with the requirements of §262-a(6) of the Town Law; and

 

WHEREAS, the Town Board determined, as a result of input received from the public and the Dutchess County Planning Department, that it would be appropriate for the Town Board to complete the Amendments to the Zoning Law, and to adopt the amendments to the Zoning Law simultaneously with the Comprehensive Plan; and

 

WHEREAS, the Town Board appointed an Open Space and Affordable Housing Committee and retained the services of a consulting firm to assist the Committee in developing an Open Space and Affordable Housing Implementation Plan, which has been incorporated in Part 2 of the Comprehensive Plan and the Zoning Law to ensure that the Town's Goals of Open Space and Affordable Housing for the Rhinebeck Community can be achieved; and

 

WHEREAS, the Town has drafted a Freshwater Wetlands Law and the Town Board has determined to review the Freshwater Wetlands Law simultaneously with the review of the Comprehensive Plan and Zoning Law Amendments; and

 

WHEREAS, the draft Freshwater Wetlands Law, proposed Local Law No. 3 of 2008, has been completed and presented to the Town Board for adoption; and

 

WHEREAS, the proposed Amendments to the Town's Zoning Law have been completed by the Subcommittee of the Comprehensive Plan Committee (known as the Zoning Review Committee), and have been amended and revised by the Town's consultants, and presented to the Town Board for adoption; and

 

WHEREAS, the Town Board, through its consultants, has made certain revisions and amendments to the proposed Comprehensive Plan as submitted by the Comprehensive Plan Committee; and

 

WHEREAS, the Town Board has determined to recommence the review of the proposed Comprehensive Plan, and the review of the Amendments to the Zoning Law and Freshwater Wetlands Law simultaneously.

 

NOW, THEREFORE, BE IT RESOLVED:

 

1. That the Town Board hereby recommences the process for the review and adoption of the Comprehensive Plan, pursuant to §272-a of the Town Law.

 

2. That the proposed adoption of the Amendments to the Zoning Law and Freshwater Wetlands Law constitute "Actions" subject to SEQRA.

 

3. That the proposed adoption of the Amendments to the Zoning Law and Freshwater Wetlands Law constitutes Type I actions pursuant to §617.4 and the Town Board is the only "Involved Agency" pursuant to 6 NYCRR §617.2(s) for purposes of the review of the potential environmental impacts of the Amendments to the Zoning Law and Freshwater Wetlands Law.

 

4. That the Town Board is hereby designated as Lead Agency with regard to the SEQRA review of the Amendments to the Zoning Law and Freshwater Wetlands Law.

 

5. That the Town Board hereby adopts the Positive SEQRA Declaration, a copy of which is annexed hereto, in which it has determined that the proposed adoption of the Town of Rhinebeck Comprehensive Plan, Amendments to the Zoning Law and the Freshwater Wetlands Law are Type I actions under SEQRA and may include the potential for at least one Significant Environmental Impact and that "Scoping" for purposes of focusing the DGEIS on potentially significant adverse impacts, and to eliminate consideration of those impacts which are irrelevant or insignificant shall be required in conjunction with the SEQRA review of the Comprehensive Plan, Amendments to the Zoning Law and adoption of the Freshwater Wetlands Law.

 

6. That the Town Board hereby waives the requirement for preparation of a Full Environmental Assessment Form pursuant to §617.6(a)(4) ("EAF") in conjunction with the SEQRA review of these actions because the Town Board will be preparing a DGEIS.

 

7. That the Town Board hereby accepts the Draft Scoping Document, a copy of which is annexed hereto, and shall conduct a Public Meeting to be held on August 14, 2008, at 6:45 p.m. at the location specified in the Public Meeting Notice for the purpose of allowing members of the public and all interested agencies to provide their input on the scope of the DGEIS pursuant §617.8(c).

 

8. The Town Clerk is hereby directed to provide notice of the Scoping meeting and hearing by publishing notice of the same in the Town's official newspaper at least ten (10) calendar days in advance of the meeting and provide such other notice of the meeting and hearing as may be required by law.

 

9. That a copy of the draft Comprehensive Plan, draft Amendments to the Zoning Law, draft Freshwater Wetlands Law, draft Scoping Document and Positive Declaration shall be posted on the Town's official website, and copies of these documents shall also be made available for public review and inspection, prior to the Public Hearing, at the Starr Library and Morton Library; and copies of Volume 2 of the draft Comprehensive Plan will be available at the Town Hall and at the Starr Library and Morton Library for inspection by the public; and copies of Volume 1 of the draft Comprehensive Plan, draft Amendments to the Zoning Law and draft Freshwater Wetlands Law may be downloaded from the Town's official website and may be obtained from the Town in a CD in PDF format at the Town Hall; and copies of Volume 1 of the proposed Comprehensive Plan and Zoning Law may be purchased at the UPS store located at 6565 Spring Brook Avenue, Suite 8, Rhinebeck, NY.

 

10. That the proposed Comprehensive Plan is hereby referred to the Town of Rhinebeck Planning Board for its review and recommendation pursuant to §272-a(5) of the Town Law, and the proposed Zoning Law is hereby referred to the Town of Rhinebeck Planning Board for its review and recommendations pursuant to §XII of the Zoning Law; however, the referral of the proposed Zoning Law to the Planning Board shall be deemed to be a preliminary referral and the Planning Board shall not be required to adhere to the sixty day time period for filing its written report, and the Town Board and Planning Board, by future agreement, shall set the date for the submission of the Planning Board's recommendations, pursuant to §XII(b) of the Zoning Law.

 

11. That the Town Board hereby refers the proposed Freshwater Wetlands Law to the Planning Board for its review and comment.

 

12. That the Town Board, pursuant to an agreement with Dutchess County Planning, shall refer the proposed Comprehensive Plan, Amendments to the Zoning Law, Freshwater Wetlands Law, Draft Scoping Document and Positive Declaration to the Dutchess County Department of Planning and shall, after adoption, send the Final Scoping Document and a copy of the DGEIS to the Dutchess County Department of Planning in satisfaction of the referral requirements of §239-m of the General Municipal Law.

 

13. That in addition to the other agencies and bodies herewith identified, the Town Clerk is hereby directed to provide copies of the proposed Comprehensive Plan, Amendments to the Zoning Law, Freshwater Wetlands Law, Draft Scoping Document and Positive Declaration to the following for their review, recommendations and comments:

 

a. Town of Rhinebeck Zoning Board of Appeals;

b. The Village of Rhinebeck Board of Trustees;

c. The Village of Rhinebeck Planning Board;

d. The Rhinebeck Central School District;

e. The Hudson River Valley Greenway;

f. The Local Government and Coastal Management Program of the New York State Department of State;

g. The Dutchess County Water and Waste Water Authority; and

 

h. The Dutchess County Agricultural and Farm Land Protection Board.

i. The adjacent communities of Hyde Park, Clinton and Red Hook.

j. The Town of Ulster and City of Kingston.

k. The Comprehensive Plan Committee.

l. The New York State Department of Agriculture and Markets

m. Such other interested parties as the Town Board, in its discretion, shall determine.

 

14. The Town Board hereby directs its consultants to complete a Coastal Assessment Form in conjunction with the adoption of the proposed Comprehensive Plan, Amendments to the Zoning Law and Freshwater Wetlands Law, in accordance with the requirements of the Town of Rhinebeck Waterfront Consistency Review Law (Local Law No. 2 of 2007), and to forward the completed CAF's to the Town of Rhinebeck Conservation Advisory Council, together with a copy of the proposed Comprehensive Plan, Parts 1 and 2, proposed Amendments to the Zoning Law, Freshwater Wetlands Law, Draft Scoping Document and Positive Declaration for the council's review and recommendation, pursuant to §5 of the Waterfront Consistency Review Law.

 

15. The Town Clerk is hereby directed to forward the Positive Declaration and Draft Scoping Document to all interested agencies and to the Environmental Notice Bulletin.

 

The above Resolution was offered by Councilman Dan Staley, and was seconded by Councilman Bruce Washburn.

 

 

Vote on Resolution:

 

Supervisor Traudt: ­AYE_____

Councilman Arthur Dod Crane ABSENT_

Councilwoman Ellen Silverstein ABSENT__

Councilman Dan Staley AYE______

Councilman Bruce Washburn ____AYE______

 

This Motion was duly adopted on July 14, 2008.

 

 

________________________________________

Joan Winne, Deputy Town Clerk

 

Supervisor Traudt stated the documents are available for review on the Town's Web Site and thanked Kerri Karvetski for posting them. Sally Mazzarella stated the documents are available to be purchased from the UPS Store and copies on CD are available free of charge from the Town Clerk's Office. Sally thanked Joan for all of her help.

 

  1. Dan Staley motioned and Bruce Washburn seconded to authorize Supervisor to sign letter of support for Morton Library for their handicapped accessible bathroom application to NYS Education Dept, Library Development. All present were in favor. Motion carried.

 

  1. Dan Staley stated he would like to table the authorization for purchase of bike rack for the waterfront. He has reached out to the Rotary Club for financial support for this purchase.

 

6. Pedestrian Bridge roof needs repairs - Dan Staley motioned and stated the money for this repair is in the budget. Mr. Staley also stated the bridge is not that old and he is investigating to see if the repairs would be covered under warranty. Bruce Washburn stated he spoke to Bob Fitzpatrick who believes the entire roof needs to be replaced; due to the height and pitch of the roof this would need to be done by professionals. Mr. Washburn suggested going out to bid on this project. Paul Niedercorn questioned if this is the bridge roof over the tracks and if so does it need to be coordinated with CSX. Dan Staley stated it is over the tracks, coordination will be done but the Town is responsible for the repairs.

 

Councilman Staley stated he would like this item tabled until he can further investigate if the repairs would be covered by warranty.

 

  1. Approval of e mail and website subscription policies.

Dan Staley motioned and the Supervisor opened the policies up for discussion. Bruce Washburn stated the policies have been reviewed by the committee, Town Board and Town Attorney. The policies can be upgraded in the future. Michelle Donner questioned the emergency contacts. Kerri Karvetski stated the emergency contact is built in the policy under other contact to all flexibility. Kathy Kinsella questioned if emergency postings needed Town Board approval. Ms. Karvetski stated the committee liaison can authorize this type of content to be sent. Paul Niedercorn stated the committee is collecting information on people who visit the Town Web Site such as the last site someone was in. Ms. Karvetski stated this is part of the web site program (Google analects) the Town is using. Aggregate information is collected; no names or e-mail addresses. Paul Niedercorn then questioned why the ‘linking' policy is not addressed in this document. Ms. Karvetski stated the Town has a linking policy which states we can only link to other government and non-profit agencies, nothing commercial; a reference can be added to these policies. Supervisor Traudt asked if an IP Address is ever disclosed. Ms. Karvetski stated the site is not collecting IP addresses, only statistics. Bruce stated he would like to amend the policies to reflect the addition of the linking policy.

 

Bruce motioned to approve the e-mail and subscription policies as amended. Dan Staley seconded. The motion carried by a unanimous vote of the Board members present. Ellen Silverstein and Dod Crane were absent.

 

TOWN AND VILLAGE E-MAIL SUBSCRIPTIONS POLICY

 

G&K Comments - 6-11-08

 

PURPOSE

 

The Town of Rhinebeck has been broadcasting town news and information to residents via e-mail for several years. The Web Site Committee is calling these e-mail broadcasts e-mail subscriptions. This policy provides guidelines for the use of the Town E-Mail Subscriptions

Program.

E-mail subscriptions are used solely for the purpose of providing information to residents and other subscribers. They do not include inter- or intra-governmental e-mail. The Technology Committee oversees the creation and use of official town and village e-mail accounts and makes recommendations regarding official town and village e-mail accounts for employees, elected officials and other government representatives.

 

FOR INFORMATIONAL PURPOSES ONLY

 

The information distributed through e-mail subscriptions is to be used for informational purposes only; it is not to be construed as a legal notice. To notify subscribers of this fact, each e-mail in each e-mail subscription should contain the following disclaimer in the footer section:

 

"The information contained in this e-mail is for informational purposes only. It is not to

 

be construed as a legal notice."

 

WEB SITE AND E-MAIL SUBSCRIPTIONS

 

The Web Site Committee recognizes that e-mail subscriptions are an important new public outreach tool for the Town and Village. The Web Site Committee has assumed a stewardship and advisory role for e-mail subscriptions because the Web site and e-mail subscriptions serve a similar function - they broadcast news and information electronically. They also coordinate and reinforce one another - sites that use e-mail to drive traffic are generally more successful than those that don't, and visitors expect to sign up and manage an e-mail subscription through the Web site.

 

E-mail subscriptions support the Web Site Committee's mission to:

 

* Inform, educate and communicate town and village business

* Assist and encourage participation in community decision-making and civic life

* Help improve responsiveness, effectiveness and efficiency of public employees, volunteers and officials

The Web Site Committee recommends centralizing e-mail subscriptions through the Web site because:

 

* Subscribers expect to sign up for and manage an e-mail subscription on the Web site

* Subscribers can sign up for all Town- and Village-sponsored news in one place

* It allows the Town and Village to offer a well-defined privacy policy covering all subscriptions

* Eliminates the need to coordinate subscription changes across lists

 

MANAGING E-MAIL SUBSCRIPTIONS

 

Each subscription should be managed by a Subscription Manager. The Subscription Manager is responsible for receiving and processing content, adding names to the subscriber list that are gathered via sign-in sheets, and sending subscription e-mails. Managing an e-mail subscription will take one to several hours a week. Town Board and Village Board should plan accordingly to manage these tasks.

 

Only the Subscription Manager may send e-mail to his or her designated subscription. The Town and Village Records Managers may need access to e-mail addresses on all subscriptions to satisfy the requirements of state and local laws, but should not send e-mail to a subscription unless a) he or she is the Subscription Manager, or b) the Subscription Manager requests it.

 

The Web Site Committee will help with overflow and technical issues, but as volunteers should not be relied upon to manage e-mail subscriptions.

 

SUBSCRIPTION MANAGERS

 

Subscription Managers as of the date on this policy are:

 

Town E-Mail Group -- Deputy Town Clerk

 

Town Recreation Newsletter -- Deputy Town Clerk

 

In addition, the following people have access to e-mail subscriptions for administrative purposes:

 

Town Clerk

Web Site Committee Co-Chairs

 

 

Any changes or additions to this list of Subscription Managers should be approved by the Town Board for Town subscriptions and the Village Board for Village subscriptions, and given to the Web Site Committee for administration purposes.

 

Employees who have access to e-mail subscriptions are required to follow appropriate procedures, as outlined by the Town and Village Boards and New York State law (including NYS Technology Law 208 amended December 2005 and adopted as Town Privacy Policy), in connection with any disclosures of personal information.

 

CONTENT GUIDELINES

 

Each subscription should have a clear description of the types of content to be distributed to the list, and the anticipated frequency of e-mails. Subscriptions will only contain news and information and maintain a consistent style. Subscriptions must not include attachments, but may include links to documents posted on the Web site.

 

All departments, committees, and other official bodies of the Town and Village may submit items for inclusion in the Town E-Mail Group subscription.

 

The Town E-Mail Group Subscription Manager shall send all acceptable submissions from Town and Village departments and committees in a timely manner. The Town E-Mail Group

 

Subscription Manager will only send content that meets the content guidelines (see Acceptable Submissions below).

 

The Web Site Committee will advise Subscription Managers, Town Board, Village Board,

committees and departments regarding:

 

* adding, deleting, combining and splitting subscriptions

* appropriate content

* preparing content for e-mail

* proper formatting

* good subject lines

* timing and coordination of e-mails

* standard e-mail etiquette

Acceptable Submissions are:

 

* Town- and village-sponsored events

* School notices

* Policy notice/reminder

* Meeting notices, agendas and minutes

* Notice of official document availability - online or by mail or in person

* Change in office hours, hours of operation, holiday schedules, special hours, etc.

* Job openings and volunteer opportunities

* Other content recommended by departments and committees, or content submitted by the Rhinebeck Central School District or other municipalities (for example Dutchess County or New York State), AND approved by the designated Town Board or Village Board liaison, depending on which entity has jurisdiction

Unacceptable Submissions are:

 

* Political content

* Opinions

* Personal commentary

* Fundraising

* Commercial advertisements or information

RECRUITING SUBSCRIBERS

 

The Town and Village should encourage subscribers to sign up on the Web site or via a sign-in sheet at events in Town or Village Halls. Names should be delivered to the Subscription Manage regularly and entered into the system as soon as possible.

 

Town of Rhinebeck, NY Web Site Privacy Policy

 

G&K Comments - 6-11-08

 

The Town of Rhinebeck, NY (the "Town") maintains this Web site to encourage and enable open communication between town government and town residents, including residents of the Village and hamlets within the town.

 

Information Collected Automatically When You Visit This Web Site

 

Information gathered automatically by our servers is used only in aggregate to help us maintain and improve the site and its usefulness to town residents. This information may include:

 

  • The IP address of your Internet service provider (ISP) and/or your computer if it has an IP address assigned to it
  • The domain name of your ISP and/or computer
  • The type of browser and operating system you're using
  • The keyword(s) and phrase(s) you typed in the search engine you used to find the Town Web site
  • The time and date of your visit
  • The pages of the Town Web site that you visited
  • The site you visited prior to the Town Web site
  • If you downloaded a form, the form that was downloaded

None of the foregoing information is deemed to constitute personal information. The information collected is used to improve content of the Web site and/or to customize Website content for individual users. The information is not collected for commercial

marketing purposes and the Town is not authorized to sell or otherwise disclose the information collected from the Web site for commercial marketing purposes.

 

Cookies

 

Cookies may be used to store visitor preferences. Cookies are simple text files stored on your Web browser to provide a means of distinguishing among users of this Web site.

The use of cookies is a standard practice among Internet Web sites.

 

The software and hardware you use to access the Web site allows you to refuse new cookies or delete existing cookies. Refusing or deleting these cookies may limit your ability to take advantage of some features of this Web site.

 

Information Collected When You E-Mail this Web Site or Sign Up for an

E-Mail Subscription

 

During your visit to this Web site you may send an e-mail to the Town or sign up for an e-mail subscription. Your e-mail address and the content of your message will be collected. The e-mail address and the information included in your message will be used to respond to you, to address issues you identify, to improve this Web site, or to forward your message to another agency for appropriate action. Under certain circumstances, your e-mail address and the content of your e-mail may be subject to the disclosure requirements of the Freedom of Information Law. Your e-mail address is not collected

for commercial or fundraising purposes and the Town is not authorized to sell or otherwise disclose your e-mail address for commercial or fundraising purposes.

 

Information and Choice

 

As noted above, the Town does not collect any personal information about you during your visit to this Web site unless you provide that information voluntarily by sending an e-mail or signing up for an e-mail subscription. You may choose not to send us an e-mail or sign-up for an e-mail subscription.

 

Disclosure of Information Collected Through This Web Site

 

The collection of information through this Web site and the disclosure of that information are subject to the New York State Freedom of Information Law. This includes e-mail addresses and contents of e-mails. Information collected or submitted voluntarily to this site may not be used for commercial or fundraising purposes.

 

Confidentiality and Integrity of Personal Information Collected Through

this Web Site

 

The Town is strongly committed to protecting personal information collected through this Web site against unauthorized access, use or disclosure. Consequently, the Town limits employee access to personal information collected through this Web site to only those employees who need access to the information in performance of their official duties.

 

Employees who have access to this information are required to follow appropriate procedures, as outlined by the Town Board and New York State law (including NYS Technology Law 208 amended December 2005 and adopted as Town Privacy Policy), in connection with any disclosures of personal information.

 

Links to Other Sites

 

The Town Web site may include links to or from Web sites for other government agencies and third parties. No endorsement or sponsorship is implied of these linked sites, their content, opinions, accuracy, products or services.

 

The Town Board may change this privacy policy from time to time. The Town will use reasonable efforts to post a copy of the current privacy policy on this Web site.

 

Site visitors with questions or concerns about the Town Web site or this privacy policy may contact the town via e-mail (webadmin@rhinebeck-ny.gov), phone (845-876-3409),

or United States Postal Service (80 E. Main St., Rhinebeck, NY 12572).

 

Bruce motioned to approve the e-mail and subscription policies as amended. Dan Staley seconded. The motion carried by a unanimous vote of the Board members present. Ellen Silverstein and Dod Crane were absent.

 

  1. Bruce Washburn motioned to authorize purchase of materials to build portable floor for outdoor concerts not to exceed $350 from capital project #38. Mr. Washburn stated he along with Bob Fitzpatrick will build this portable floor. The floor will provide a solid base off the damp ground for bands to perform outside concerts, Dan Staley seconded the motion. All present were in favor. Motion carried. Dod Crane and Ellen Silverstein were absent.

 

  1. Dan Staley motioned and Bruce Washburn seconded to Authorize justice department to advertise for and hire an additional court attendant to handle security entrance. Discussion: Sally Mazzarella questioned if the metal detector is required by the State, she questioned its necessity and stated she feels it is a philosophical issue. Bruce Washburn stated the court obtained a grant last year to purchase the equipment. Supervisor Traudt stated he would like to table this action while investigating the necessity/requirement for the additional security.

All were in favor of tabling any action.

 

10. Dan Staley motioned and Bruce Washburn seconded to approve Abstract 7 Vouchers 706 to 760 totaling $53,472.00. All present were in favor. Motion carried.

 

11. Approval Capital Funds payments - Capital Project 27 Town Landing abstract 1 voucher 1 - 191.75; Capital Project 77 Highway Equipment abstract 2 voucher 2 - 123,136.07; Capital Project 78 Cemetery abstract 2 voucher 3-5 total 7193.75

 

Dan Staley motioned and Bruce Washburn seconded to approve the Capital Funds expenditures totaling $130,521.57. All present were in favor. Motion carried.

 

12. Bruce Washburn motioned and Dan Staley seconded to schedule the initial public hearings on the Draft Comprehensive Plan and Zoning for October 3 and October 7, 2008 at 5:30 pm at the Rhinebeck Town Hall, with additional hearings to be scheduled if needed. Sally Mazzarella requested these dates be considered tentative; the consultants need to be available for these meetings. Bruce Washburn stated he is uncomfortable with the dates floating and would like something more concrete at this point. All present were in favor. Motion carried.

 

DISCUSSION

 

  1. Rhinecliff dock pavilion - no bids were returned - next step.

Bruce Washburn stated being no bids were returned, Bob Fitzpatrick determined the materials would cost $3,136.02. Mr. Fitzpatrick will build the pavilion as his time allows; this may need to wait until the fall. Dan Staley motioned and Bruce Washburn seconded to approve the expenditure to allow Bob Fitzpatrick to build the pavilion at the dock. All present were in favor. Motion carried.

  1. General discussion for comp plan/zoning review

Michelle Donner questioned if the Draft Comprehensive Plan will be distributed prior to August 14, and will additional time for questions and comment be given after the document is completed. Sally Mazzarella stated the documents are now available on the Town's Web Site, for individual purchase at the UPS Store, and available for review at the Town Hall, the Village Hall and the Starr and Morton Libraries. The Scoping Session is the time to identify potential issues and it is very important people give their opinions. Tom Traudt stated it is very important the Town Board hear the opinions and stated written comments are also invited. Cynthia Philip stated that mid August is not a good time for a lot of people, will this be the only scoping session. Sally Mazzarella stated a second session will be set if necessary. Pam Richardson stated concerns can be submitted in writing and will become part of the record. Michael Trimble, Chairman of the Planning Board stated the subdivision regulations need to be updated/revised along with the Zoning and Comprehensive Plan.

 

3. Update of summer recreation programs. Bruce Washburn stated the recreation committee has been restructured to drive and mentor recreational offerings for all age groups in Rhinebeck.

Henry DeVries is mentoring the summer camp and pool programs.

Rhonda Hammond is the mentor for the subsidized recreation programs.

David Miller is mentoring the development of programs for adults.

Tom Connolly covers the ballfields, playgrounds and soccer field.

As far as projects go, the pool house has been painted, the pool fence bottom rails have been installed, the pool benches have been upgraded and the old benches have been installed at the soccer field. the basketball court has been refurbished. the ping pong table has been resurrected and the park parking lot has been painted. This week the playground benches are being reconditioned and the new diving board is being installed. Summer camp, tennis and pool programs are running well with the usual personnel and coordination issues that seem to crop up every summer. We have added an adult swim period from 12;30 to 1:00 weekdays. So far we have 13 candidates for the recreation director position, interviews will be held on July 25th.

 

Elizabeth Spinza questioned what happens to the ‘campers' on a rainy day. Mr. Washburn stated it has been arranged with the school that on bad weather days the camp takes place at the school. Campers still need to be picked up when an unexpected thunderstorm happens. Mrs. Traudt stated she is pleased with the new pick up routine and the added security/safety.

 

  1. Speeding "no tolerance zones." Paul Neidercorn stated the incidents of speeding on Morton Road out of Rhinecliff is frightening and requests the Town Board cause this area to become a no tolerance zone for speeding. This could be accomplished by directing the police and courts to not allow any leniency on speeders. Supervisor Traudt understand the concern but stated everyone has the right to defend themselves in court. Chris Gould stated the Town did a traffic study for Rhinecliff and the Hamlet of Rhinecliff some years ago but nothing was ever done. Supervisor Traudt stated that Councilwoman Silverstein is the Town Board liaison to the court and feels her input is necessary as part of this discussion in finding ways to address this problem; the Sheriff's Office is currently doing radar on Mt. Rutsen Road. Acting Town Attorney, Pam Richardson stated she is unsure the Town Board has the authority to dictate to the court; perhaps something could be addressed in the Town's Vehicle and Traffic Laws. Kathy Kinsella stated the Town hired AKRF to conduct a study of speed counts and accident history. Bruce Washburn suggested the Rhinecliff Advisory Council meet with Ellen Silverstein to brainstorm. The Supervisor stated this issue will continue at the August 25, 2008 workshop meeting.
  2. Licensed electrician law. Dan Staley stated he attended the Legislature workshop to discuss this issue. It appears the law would only allow a Master Electrician or their employee to do electrical work, which would leave out licensed electricians. Mr. Staley suggested the Board reach out to other Towns and discuss this issue with their legislator as well as encouraged individuals everyone pay close attention and get their views to their legislator.
  3. Vanderburgh update. Counsel stated the Board needs to have this discussion in executive session due to the pending notice of appeal.
  4. Rhinecliff Hotel maintenance agreement. James Chapman stated the Hotel Bar & Restaurant are ready to open but the Town Zoning can not issue a final Certificate of Occupancy until a written agreement is reached between the Town and Mr. Chapman on the private improvements within the Public right of way. Mr. Chapman stated his liquor license is pending on the final Certificate of Occupancy. Acting Attorney Pamela Richardson stated a number of improvements were made to the public right of way; the Town must give an easement or "legal right" to allow maintenance of the private improvements. This can be achieved by permissive referendum which will take approximately 2 month to pass. Mr. Chapman requests the Town expedite this process any way possible; this hold up could create a devastating financial hardship. Dan Staley asked if Mr. Chapman could put money in escrow and be allowed to open while the process is working out. Ms. Richardson stated a public referendum is required to all Mr. Chapman to do the work within the public right of way. Sally Mazzarella questioned if the improvement is satisfactory to the Town Engineer could the applicant post a bond. Paul Niedercorn questioned if the State would issue a temporary liquor license. Ms. Richardson stated the State will not issue the liquor license unless the applicant has a certificate of occupancy. Mr. Chapman stated another two months could be catastrophic to his business. Bruce Washburn questioned if the Board would be breaking the law if they issued a Certificate of Occupancy. Ms. Richardson stated she would need to investigate before she could answer that question. Paul Niedercorn stated that Mr. Chapman has suffered enough and would like the Board to find a way to move this forward. The Board agreed with Mr. Niedercorn and directed Counsel Attorney to investigate all possibilities.

 

Scheduling of Special Meeting

 

Councilman Washburn motioned and Dan Staley seconded the Board hold a Special Meeting on Monday, July 21, 2008, at 6:30 pm, to discuss alternative found by the Town Attorney. All were in favor. Motion carried.

 

EXECUTIVE SESSION

At 9:40 pm Dan Staley motioned and Bruce Washburn seconded to continue this meeting in executive session to discuss pending litigation with Vanderburgh Cove Homeowners. All present were in favor. Motion carried.

 

RETURN FROM EXECUTIVE SESSION

At 10:15 pm Bruce Washburn motion and Dan Staley seconded to resume the regular meeting from executive session. All present were in favor. Motion carried.

 

 

ADJOURNMENT

With no further business before the Board, the Supervisor accepted a motion from Bruce Washburn seconded by Dan Staley to adjourn this meeting. All present were in favor. Motion carried. The Supervisor declared this meeting adjourned at 10:16 pm.

 

Respectfully submitted,

 

 

Joan Winne

Deputy Town Clerk