Town Board Meeting Minutes
Posted on: 9/19/2007
Date of Minutes:
05/14/2007
MAY 14, 2007
BOARD MEETING MINUTES
At 6:45 Supervisor Block opened the meeting with Council
members Dod Crane, Paul Niedercorn, Ellen Silverstein and Linda Souers
present. Counsel Warren Replansky also
in attendance.
ANNOUNCEMENTS
Grievance Day will be May 22nd from 10- 12 noon,
2-4 pm and 7-9 pm. Call Assessor’s
office at 876-4805 for more details.
Rhinebeck residents that experienced property damage from
last month’s flooding may be eligible for federal financial assistance. Contact FEMA at 1-800-621-3362 to apply for
assistance, SEMA 1-845-454-0430 or register online at www.fema.gov and SEMORegion2@state.ny.us. Claims must be filed by June 1, 2007.
PANDA Board will hold a public strategic planning session on
June 2nd from 11 am to 4 pm. Here at Town Hall.
Our Community pool at the
May 26th at 1 pm.
Town Clerks’ summer hours, 8 am – 3 pm, will begin Monday
June 4th through August 31st.
Town Hall, transfer station and highway department will be
closed Monday, May 28th.
OLD BUSINESS
- Mike
Haggerty again explained that Hudson River Valley Greenway is seeking the
Town’s approval to designate the Rhinebeck/Red Hook Historic Bike and Walk
Tour as the official link in the Greenway Trail System. Mike then introduced Mark Moran, a
senior planner from Greenway and Jessica the Trails Coordinator. They explained this will give the Town
more visibility and grant priority.
This is just a procedural issue at this point. Mark stated this will create connections
to the river, recreation and village centers. He wants to encourage the Board to
approve this request. Jessica said
that this is a good opportunity for Rhinebeck to show its support for our
trails, we have supported many Rhinebeck projects in the past. Steve Block is concerned about the
safety issue, some of these roads are extremely narrow and volume is
high. What is our mitigation
situation? Mark stated that NYS has
established baseline standards which are being met. He contacted DOT and we have met their
baseline requirements. Steve asked
who puts up the signage and Mark replied they can. Dod questioned if the Town’s liability
is changed and
said it is hard to say – there is an accident situation that the Town is
now being sued for. We should
contact our insurance carrier to make sure we are covered.
has a problem with the word trail and not route. Mark replied that NYS Route 9 is
designated as a Greenway Trail and it is heavily traveled. The liability for Town maintenance is
even with cars or bikes.
worried as long as our insurance agent is on board. Jessica stated that Greenway Trails are
actually paths, trails, routes, lanes, etc. Linda asked if the Board grants this
designation would Greenway consider a more specific grant to take some of
these trails off road. Jessica
replied continued support will happen.
In 2004 the Town did receive a grant for signage. Steve asked if they would support
different language, if we approve the Board would want appropriate signage
quickly. Jessica said grants
programs are annual; the next step might be shared roadway. Kathy Kinsella would like to see shared
roadway, safety needs to be our top concern. Sally Mazzarella feels it has taken many
years to put this bike route together.
This has been a major collaborative effort and a great deal of
detail has been put into this.
Please give your support to this request.
REQUEST FOR GREENWAY TRAIL DESIGNATION OF THE GREENWAY TRAIL BY THE
TOWN OF
WHEREAS, Article 44 of the
Environmental Conservation Law (ECL) directs the Greenway Conservancy for the
Hudson River Valley, Inc. to designate a Hudson River Greenway Trail, and
WHEREAS, the Town of Rhinebeck
manages, owns or holds an easement for a community trail which will enhance the
opportunity the public has to appreciate and support the preservation of the
historic, scenic, cultural, recreational and natural resources along the
Greenway Trail, and
WHEREAS, the Town of
the Rhinebeck Trail be designated as a riverside/countryside corridor/connector
trail as part of the Hudson River Greenway Trail System,
NOW, THEREFORE BE IT RESOLVED that
the Town Board of the Town of
requests designation of the Rhinebeck Trail as part of the Hudson River
Greenway Trail System subject to review by the Town’s insurance agent and
improved signage.
Motioned by Paul Niedercorn Seconded by Linda Souers
Dod Crane aye
Paul Niedercorn aye
Ellen Silverstein aye
Linda Souers aye
Steve Block aye
- Updates
on Program initiatives:
Village/town
website - Steve reported that the new website is near completion,
Kerri will be at our May 29th
meeting to announce the soft launch.
Arts/Culture – Kathy Hammer,
committee chair, explained 18 volunteers have been meeting since November 2006
and we are busy working on the objectives from the town board resolution. A day long festival is in the planning stages
for August. Linda requested this
committee try and coordinate with the Rhinecliff Day celebration on August 11th. We have formed a marketing subcommittee and they
would like to send out a community wide survey which would cost about $487 to
print. They will not be mailed. Steve asked how we handle committee requests
for funds when they do not have a budget.
Shelly explained a budget transfer is all that is needed. Dod asked the
contents of the survey and Kathy said they are trying to access community
support of arts/culture, how residents view their community, etc. Paul questioned the validity of this survey,
it doesn’t sound very scientific. He
suggested a random sampling. Dod
suggested doing the survey but that the Board use it as non binding in
determining its commitment; it will basically be for feedback. Dod motioned and Ellen seconded to approve
$500 to develop brochure. All were in
favor. Paul wants to know what the
policy about expending funds is; do we come before the Board first. Steve said we don’t have explicit
language. Dod suggested polling
Association of Towns or maybe just Red Hook, Pine Plains and
Maybe we should set limitations.
Steve will call Controller’s Office and bring to the Board for
discussion and Dod will call neighboring towns.
Comprehensive Plan –
Board accepted the proposed Comp Plan on May 9th, 2006. The draft amended zoning law is being worked
on currently. AKRF Environmental and
Planning consultants have been retained to assist the Town Board in reviewing
this document. The Open Space and
Affordable Housing (OSAH) Committee has retained Phillips, Preiss, Shapiro
Associates to help them in developing an implementation plan which can be
incorporated into the Comp Plan. A Task
Force has also been meeting on a regular basis to help implement the goals and
suggestions. The following goals and timetable have been established by the
Town Board.
1.
Receipt by mid June of a complete draft of the OSAH implementation plan
from Phillips, Preiss & Shapiro.
2.
Mid June to September 3rd public distribution and awareness
campaign of draft OSAH plan.
3.
Mid June 2007, completion of revised Comprehensive Plan.
4.
End of June completion of proposed amended zoning law.
5.
End of June preparation by consultants of revised Scoping document for
the DGEIS for the Comp Plan, Zoning Law and OSAH Implementation Plan
6.
End of July 2007 review by Town Board and Task Force of the OSAH
Implementation Plan, revised Comp Plan, Zoning Law and revised DGEIS Scope
through the process of public meetings.
7.
End of August 2007, release of revised Comp Plan, Draft Zoning Law and
DGEIS Scope to the public for its review.
8.
End of September 2007, completion of public Scoping process for the
DGEIS.
9.
End of October 2007, completion of internal review of DGEIS and release
and acceptant of the DGEIS and commencement of the public review process.
10.
November 2007, conduct public hearing on the DGEIS, Comp Plan, Zoning
Law and OSAH Plan (additional hearings in December if needed)
11.
January – February 2008, Final Generic Environmental Impact Statement
(FGEIS) will be prepared.
12. End of February through
Board’s determination on completion of the FGEIS.
13. End of March through April 2008,
adoption of SEQRA findings.
14. End of April 2008, Town Board
approval of Comprehensive Plan, Zoning Law and OSAH Implementation Plan.
and revisions may be necessary.
- Landsman
Kill Association request for horseback access to town landfill on
president, who explained that in 1970 this trail was granted. They wish to extend this trail over the
landfill to create a loop. We maintain all trails.
is uncomfortable discussing this without his files. We need to contact our engineer since
this raises a whole spectrum of legal issues, is the town indemnified
under their insurance. Rich then
explained they have arrangement with over 100 landowners. The general obligation law states if no
charge the liability falls to organization not landowner. This is not an exclusive organization,
anyone can join. Linda stated we
are not private landowners so that is a big difference. Dod would like that point of law
determined before we go any further.
questioned if they have liability insurance if someone is injured on a
horse. Could the Town be mentioned
in a lawsuit? Norman Rubenstein
said every member signs an agreement not to hold any landowner responsible
which we require. Other individuals
use this parcel for snow mobiling, dirt biking, etc. Our trails extend through 4 townships
with almost 80 miles of trails.
town has a responsibility to the DEC.
Norm said the trail is not near any pipes. Steve asked if they need a decision by
any date and Rich replied there is a June membership ride. Dod
feels we need to know the law and not be speculative; we need factual
answers. - Fraleigh
& Rakow offer for Traveler’s Benefits Plus program to permanent
town employees. Steve and Shelly
met with Greg and Adam Rakow and they are willing to offer town employees
car/home insurance at a possible discount.
They want Town Board approval for the presentation. Dod asked if other agents can come
before us and Steve said yes. Ellen
feels this is like bringing in salesmen and doesn’t think it is a good
idea. Dod suggested employees just
call them if they are interested.
This is an ethical question.
No vote taken. - Steve
would like a wireless movable microphone.
Paul was authorized to buy one for our system. - Linda
said the Board needs to officially approve Rhinecliff Day on August 11th.
from 11 – 5. Ellen so moved with
a second coming from Dod. All were
in favor. Ellen reminded everyone
of Waterfront Clean Up day on June 9 from 10-3. Linda apprised the Board that the Rec
Committee is considering painting the pool house building a cinnamon brown
or beige. - Paul
motioned and Linda seconded to authorize the Supervisor to sign contract
with
conduct a Phase 2 archeology study at the Thompson-Mazzarella grounds for
an amount not to exceed $67,000.
Linda said they want to start this Thursday. Workman’s Comp insurance will be handled
through
explained that labor laws state the 8 hour work day is a requirement of
all contracts. Can’t be taken out of
contract. Chris must comply. All were in favor. - Paul motioned and Ellen seconded to
operate the pool concession stand for this
summer
at $1,000 per month.
town
is
covered since the Bagel Shoppe refuses to have liability insurance. All were in
favor
with contingency that the insurance matter is cleared up.
LICENSE
AGREEMENT
TOWN OF
TOWN POOL CONCESSION STAND AGREEMENT
THIS AGREEMENT made as of the
__________ day of May, 2007 by and between the TOWN OF RHINEBECK, a municipal corporation, having its principal
offices at the Town Hall, 80 East Main Street, Rhinebeck, New York 12572, (“LicensoR”), and The Bagel Shop of Red Hook,
Inc., having its principal
offices at 5 Old Farm Road Red Hook, New York (“Licensee”)
W I T
N E S S E T H:
WHEREAS,
Licensor is the owner of a public
park known as the Thomas Thompson - Sally Mazzarella Recreation Park,
Rhinebeck, New York which contains a Town Pool; and
WHEREAS, Licensor desires to make a food concession available to the
public at the Town Pool; and
WHEREAS, Licensee desires to operate and manage the aforesaid food
concession; and
NOW, THEREFORE, in consideration of
the mutual promises, covenants and conditions hereafter set forth, the parties
agree as follows:
1. Licensor
hereby grants to Licensee and Licensee hereby accepts from the Licensor a License to manage and
operate for a period herein stated and subject to all the terms and conditions
herein contained, the following described License for the privilege of
operating a food concession at the Thomas Thompson - Sally Mazzarella
Recreation Park Town Pool,
parties that this agreement is intended to only be a License to utilize the
above-described premises and no part thereof shall be interpreted as being any
form of lease agreement.
2. Said food concession shall include and be
limited to the privilege of furnishing basic food service and the sale of
sundry items providing, however, that such sale does not violate any other
state or local statute, rule, or regulation, and all food sold shall be of good
quality. It is expected that the Licensee will offer a variety of food
and non-alcoholic beverage items, including but not limited to hot dogs, pizza,
salads, yogurt, soft drinks, ice cream, candy, and healthful snacks. Annexed hereto, as Schedule "A" is
a proposed menu and listing of items for sale by the Licensee. The Licensee hereby agrees to offer a menu
of food items the same or substantially the same to the menu attached as
Exhibit “A” and to maintain a menu of food items at reasonable prices
affordable by the general public. The Licensee shall not be permitted to sell
beverages in glass bottles or cans, and must use paper cups (no Styrofoam cups shall be permitted).
3. The term of this License shall commence
upon the execution of this agreement with the understanding that the Concession
Stand will be open for operation commencing May 26, 2007 through and including
of selling any products to the general public at 6:00 p.m. on
unless sooner terminated as herein provided, or unless the Licensor by five (5)
days notice in writing shall terminate the License, when and if, in its sole
judgment, it determines that such termination is necessary by operation of law,
or pursuant to the terms of this agreement.
4.
Licensee agrees to operate the
concession for the accommodation of the public using the Town Pool, during the
following specified hours during the 2007 season: commencing May 26, 2007 through
weekends only between the hours of 1:00 p.m. and 6:00 p.m. and daily
thereafter commencing June 22 through September 3, 2007 (full week and
day)
between the hours of 9:00 a.m. and 6:00 p.m, and
with some flexibility for scheduling by LICENSEE only after 3:00 p.m. from
August 4, through September 3, 2007, dependent on weather and pool attendance.
5. Licensee shall pay the Licensor, as compensation for the
privilege, granted pursuant to this License Agreement, of operating the
concession at the Town Pool the amount of $660.00 for the 2007 season. The Licensee
shall pay the full amount upon execution of this License Agreement; or alternatively at Licensee's
election, the Licensee may make
payments in two (2) equal installments due and payable to the Town Clerk,
on July 1st and August 1st, 2007. The License fee shall be non-refundable in
whole or in part even if there is a termination of this Agreement.
6. The
Licensee shall have exclusive right to operate the concession stand at
the Town Pool. The Town will not permit other vendors of food and
beverage to operate at said Town Pool during the term of this concession stand
License. At all home meets, the swim
team may sell any food item not explicitly listed on the menu attached at Schedule
"A". Updates to the Concession Menu not included as Appendix A
will not be a part of this exclusion. Licensee
may post approved advertising promoting catering services for events planned at
the Town Pool and may arrange such services. Individuals and groups may
bring in food and non alcoholic-beverage for their own consumption.
7. The Licensor
will provide suitable space and equipment at the Town Pool for use as a
concession stand. The Licensee must supply a listing
including electrical rating on any equipment that will be used beyond that
provided by the Town. The Licensee may install such additional
equipment as they deem necessary for the proper operation of this License and
shall make full payment for the same and shall maintain all equipment, fixed
and expendable, in good order and repair at Licensee’s
sole cost and expense during the term of this License, subject to prior written
notice and approval by Licensor which
shall not be unreasonably withheld and inspection and approval by Licensor. It is further agreed that Licensee will, within ten (10) days,
discharge any and all mechanics liens filed against the premises herein above
described which may be filed relative to Licensee’s
operations thereon. Any equipment to be
used by the Licensee must be UL
approved. The Licensor will be responsible for repairing and/or replacing
equipment, which may be owned by the Licensor.
A list of items installed and their respective owner's is provided in Schedule
"B".
8. The Licensor
will provide a refuse dumpster and receptacles. The
Licensor will be responsible for dumping the receptacles at the end of
the day or sooner as needed upon reasonable notice. The Licensee
shall maintain the concession stand, the adjacent eating areas in a clean and
orderly fashion and shall police throughout the day these areas and remove all
trash.
9. Title to all equipment existing as of the
date hereof as described in Schedule "B", at the licensed premises,
shall be and remain in the Licensor. Licensee
shall make use of any and all such equipment during the term of the License,
and further acknowledge that they accept such equipment in “as is” condition as
of the date of this Agreement. Licensee shall return it to Licensor in good working order,
reasonable wear and tear excepted, at the end of this License as provided
herein. Title to all equipment provided
by Licensee, shall remain in Licensee and such equipment shall be
removed by Licensee at the
termination of this License, or LICENSEE shall agree to alternate arrangements
with the LICENSOR, and the premises shall be restored by Licensee to its original
condition.
10. Licensee’s obligation to observe and
perform all the terms, covenants and conditions of this License Agreement shall
survive the expiration or the termination thereof.
11.
Licensee shall not remove any property currently located on the
premises without prior written approval of the Licensor.
12. Licensee
shall procure at Licensee
own cost and expense all permits, licenses and approvals necessary for the
legal operation of this License.
13. Licensee
shall not sell, mortgage, rent, assign, or parcel out the License hereby
granted, or any interest therein, or allow or permit any other person or party
to use or occupy any part of the premises, building or spaces, covered by this
License for any purpose whatsoever without first obtaining the written consent
of the Licensor, nor shall the
License be transferred by operation of law, it being the purpose and spirit of
this instrument to grant this License and privilege personally and solely to
the Licensee herein named.
14. Licensee
agrees not to employ callers, criers, or use signs or any other means of
soliciting business, without the approval of the Licensor, and not to advertise said License in any manner or
form on or about the premises licensed to it, without such approval.
15. Licensee
agrees that should any building or structure upon the premises included in this
License be damaged by fire, or any other cause whatsoever, so as to prevent the
operation of this License to the satisfaction of the Licensor, then the Licensor,
at its option, may, on notice in writing to the Licensee cancel and terminate the License, and all rights and
privileges hereunder shall cease.
16. Licensee
shall not use or permit the storage of any illuminating oils, turpentine,
benzene, naphtha or similar substances or explosives of any kind or any
substance or thing prohibited in the standard policies of fire insurance
companies in the State of
17. Licensee
shall keep all spaces and/or buildings licensed to her and the surrounding area
clean and neat at all times including the fumigating, disinfecting and
deodorizing of same and all the refuse shall be kept in closed containers.
18. Licensee
agrees that at all times free access upon notification will be given to
representatives of Licensor, the
Department of Health and other state and federal or municipal officials having
jurisdiction for inspection purposes. Licensee further agrees that if
notified by Licensor, or its
representative that any part of the licensed premises or the facilities thereof
is unsatisfactory, Licensee will
remedy the same at once.
19. Licensee assumes all risk in the
operation of this License and agrees to comply with all federal, state and
local laws and regulations and orders the Licensor
affecting the licensed premises in regard to all matters.
20. Licensee
expressly agrees to hold Licensor,
its agents, officers and employees harmless from any and all claims for loss,
damage or injury to person or property whatever kind or nature arising from the
operation of this License, or from the negligence or carelessness of employees
of Licensee and Licensee expressly agrees to indemnify Licensor, its agents, officers, and
employees of any recoveries against them, individually and/or jointly, arising
from same.
21.
Licensee shall during the
term of this License maintain the following insurance. Failure of Licensee
to take out and/or maintain or the taking out and/or maintaining of any
required insurance shall not relieve Licensee
from any liability under the License, nor shall the insurance requirements be
construed to conflict with the obligations of Licensee
concerning indemnification. All required
insurance must be in effect and continued so during the life of the License in
not less than the following amounts:
(a)
Workman’s
Compensation Insurance, unlimited.
(b)
New
York State Disability Benefits Policy, unlimited.(furnished through LISCENSEE)
(c) General Liability
Insurance with a combined single limit of One Million ($1,000,000.00) Dollars per occurrence naming the Town of
Insured.
In the event that claims in excess
of these amount are filed, the amount of such claims, or any portion thereof
may be withheld from payment due or to become due Licensee until such time as Licensee
shall furnish such additional security covering such claims as may be
determined by Licensor.
22.
Should Licensee be
convicted of a crime, Licensor
may terminate this License by notice in writing immediately effective on
mailing, the License to terminate as though it were the time provided above for
the termination thereof.
23. Should Licensor,
in its sole judgment, decide that Licensee
is not operating the License granted in a satisfactory manner, then Licensor may terminate this License by
notice in writing, effective five (5) days from mailing, the License to
terminate as though it were the time provided in this License, all rights of Licensee therein shall be forfeited
without any claims for damages, compensation, refund of Licensee investment, if any, or any other payment whatsoever
against Licensee. The five (5) day notice to terminate this
agreement shall include a statement of condition which has caused the notice to
be issued and Licensee shall have
forty-eight (48) hours from the mailing of the notice to cure the condition and
require the termination be withdrawn. The
forty-eight (48) hour cure period shall be strictly enforced regardless of the
nature of the condition to be cured.
24. In the event this License is terminated as
aforesaid; any property of the Licensee
within said licensed area may be held by Licensor
until all indebtedness of Licensee
hereunder at the time of termination of this License is paid in full.
25. Where provision is made herein for notice
to be given in writing, the same may be given by mailing a copy of such notice
to Licensee by registered mail,
or certified mail, addressed to the address hereinabove or such other address
as shall be filed with Licensor,
or be delivering a copy of said notice to Licensee
or the manager or Licensee,
or any other person in charge of licensed premises.
26. Licensee
at the expiration or sooner termination of this License shall quit and
surrender the licensed premises and all property thereon.
27. Neither this License nor any interest
created hereby may be assigned or transferred by operation of law or otherwise
without the express written consent of the Licensor,
it being the intention of the Licensor
to grant this License personally to the Licensee.
28. This License can not be changed orally.
IN
WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first above written.
TOWN OF
BY:______________________________________
Steve Block, SUPERVISOR
THE
BAGEL SHOPPE OF RED HOOK, INC.
BY:______________________________________
STACY RHYNDERS
- Linda
motioned and Paul seconded to hire Jennifer Barry as Pool Director at
$6,000 for the season. All were in
favor. - On
motion from Paul and second by Linda, Assistant Camp Director Katie Clark
at $9.00/hr, Arts & Craft Lead Philip Berenzney at $8.00, 13 full time
camp counselors (at $7.15 for new hires and $7.35 for returning), 3 part
time counselors and 3 substitutes were unanimously approved for
hiring. - Paul
motioned and Linda seconded to hire Kyle Albano as part time lifeguard at
$9.00 per hour. Motion carried
unanimously. - Paul
moved and Linda seconded to award Hudson Valley Pavement’s bid of $14,455
to resurface the Thompson-Mazzarella basketball court with stipulation we
receive good reports from their references. Linda explained 4 bids were
received. The monies will come out
of the Capitol Fund #38 Pool/Parks.
All were in favor. - Paul
motioned and Ellen seconded to authorize Bob Rice of White Knight to
conduct minor repairs to the Vanderburgh Cove Sewer system necessitated by
the April storm for an amount not to exceed $2,275. Carried unanimously - On
motion from Paul and second from Dod, Karen Baldwin’s resignation from the
Committee on Aging was unanimously accepted with regrets. - Paul
motioned and Dod seconded to appoint Nina Lynch to the Committee on
Aging. All were in favor. . - Linda
motioned and Paul seconded to approve Abstract 5 vouchers 467-536, checks
2334-2382 for $77,198.68. Motion
carried unanimously. - Dod
moved and Paul seconded to approve Cap. Proj #38 ABS 6, v 8-9, checks 2332-2333 for
$6,850.00 and Cap Proj #31 ABS 4, v 5-7, cks 2329-2331 for $391.89. All were in favor. - Dod
motioned with Paul seconding for approval of the April 9th and
April23rd Town Board meeting minutes.
Unanimously approved. - Paul
motioned and Dod seconded to authorize a special meeting on May 17th
at 5 PM for a public hearing and decision on a local law increasing the
size of the Board of Assessment Review from three to five members. All were in favor.
At 9:38 Paul motioned and Dod seconded to go into advice of
counsel deliberation. All were in
favor. At 9:50 this session ended and on
motion from Dod and second from Linda the meeting was formally adjourned.
Respectfully submitted,
Barbara Cunningham
Town Clerk