JANUARY 12, 2009 SPECIAL MEETING MINUTES

 

PRESENT: Supervisor Tom Traudt Counsel Pam Richardson

Councilman Dod Crane 14 residents

Councilman Dan Staley

Councilwoman Ellen Silverstein

Councilman Bruce Washburn

 

 

The Supervisor opened this meeting at 5:38 and led the audience in the Pledge of Allegiance.

 

BUSINESS BEFORE THE BOARD

 

1. Dan motioned and Ellen seconded to authorize Supervisor to sign Memorandum of agreement between Local Union #445, International Brotherhood of Teamsters for the Town of Rhinebeck Highway Department extending existing contract for 1 year at a 3% salary increase retroactive to January 1, 2009. All were in favor.

 

2. Dan moved with Ellen seconded to approve December 15^th and December 30^th Town Board meeting minutes. Carried unanimously.

 

3. On motion from Dod and seconded by Bruce the following resolution was unanimously passed.

Whereas a Dutchess County Youth Bureau grant was the planned source of

funding for Winter 2009 gymnastics program; and

Whereas said funding has been eliminated through state budget cuts; and

Whereas the Town has committed staff and 50 to 70 participants; and

Therefore, be it resolved, that to provide this program without undue burden to

taxpayers, a fee of $25 per person shall be charged for the 2009 Winter

Gymnastics Program

 

Discuss following resolutions held over from January 6^th meeting:

 

1. Resolution to Create the Town of Rhinebeck Authorized Purchaser List

Whereas, General Municipal Law 5-A §104-b3.f.states that the town is required to identify the individual or individuals responsible for purchasing and their respective titles; and

Whereas, Town Code Chapter 30: PROCUREMENT POLICY § 30-8. c. states that The Town Supervisor, with the advice of town personnel shall, each year, shall create a list of authorized purchasers per General Municipal Law Article 5-A §104-b 3 f; and

Whereas, good practices cited by GASB, GAAP and NYS OSC require segregation of responsibilities for purchasing and payment for purchases; and

Whereas, the town supervisor is to recover for the town any funds expended without proper authorization of the town board;

Therefore, be it resolved only the following designated employees and/or elected officials of the town are authorized to commit funds or make purchases for the town:

	Name	Title
1
2
3
4
5

Kathy Kinsella has some concerns about the process. This assumes you have acted on other resolutions. Some goals; improving reporting and department control are great. Others create a system that seems to convolute the bill paying process. She met with the bookkeepers today for an explanation of the current process and what hit her was that the same information goes around about 8 times to issue a purchase order in the new system. Bills would take 2 Board meetings to be paid which takes away the ability to process quickly. Not ready for full presentation to be voted on tonight. There is a lot of information here which is a major overhaul of the Town's purchasing policy. Each Town Board member needs to fully understand all the implications and the bookkeeping department is not really comfortable with this process yet. Dod does not want to vote tonight since there is so much information that needs to be comprehended. Bruce stated this is an implementation process only.

Shelly Day stated she is trying to understand the entire process; blanket P.O. vs separate P.O. How are people going to notify the accounting office? She is trying to see the end result and it is not clear on how to make it work. The earliest she could schedule the software training with the company is in early February. She would like to know what the new system is capable of and for both her and Kim to understand all aspects of the program.

Ellen feels that the Bruce is trying to set policy and the staff is trying to set procedure. Bruce explained just one scenario that happens: the maintenance department has 5 pieces of equipment and often they do work after picking up parts. With everyone getting into the process (bookkeeping, Town Board, department, etc) it costs $1,800 in total labor in today's system. We as Town Board members are not looking at the expenses spent repetitively in current process. Dod said we are not disputing the process needs change; we just want to understand the new process better. He understands Bruce sense of urgency but it deserves more time in another work session.

Kim Russell doesn't feel the procedures spelled out are clear. Kathy Kinsella agrees there is a problem that needs fixing but we need a more streamlined version. She has been frustrated for years; she agrees with the goal that no one should be allowed to make purchases without proper paperwork completed. In all of these resolutions she sees paperwork happening that doesn't really address the problems. It still does not attack the question of who is responsible.

Pam Richardson pointed out that the Procurement Policy made need to be amended if the Town Board wants to delegate authority for purchasing. Ellen thinks a blanket P.O. is important, just set limits on them. Bruce emphasized that all we are doing is saying person X is authorized to spend $X. Dod questioned if this will be isolated by employee and Bruce replied no it will list purchasers then a $ limit. Kathy again stated that the staff wants to make sure this works, we need to separate policy from procedure. Dod has 2 concerns: 1. asking staff to implement process without knowing software program and 2. staff expressed reservations. He doesn't see why this can't wait a couple of weeks.

Tom asked if concern is with policy or procedure. Dod feels we have limited staff time; we don't have a large corporate staff. We need to be responsive to staff concerns. A trial walk through would make more sense. Bruce stated that in the first resolution all the enhancements will not be in place at the same time. What is wrong with asking for these reports? We are voting on policy. The assumption is that a P.O. is required. Kathy Kinsella stated her department uses P.O.'s but wonders if some of these resolutions actually do that. She supports the next 4 resolutions. Tom Traudt feels there is a difference between the highway department and the rest of the Town. A blanket P.O. makes a person more accountable to the Town Board. Bruce asked if we can adopt them tonight and amend later. Pam stated that legally the Board is not prohibited from adopting then amending but she feels that since you have people who don't understand the implementation you may be creating a bigger problem. Dod senses a great deal of impatience; the staff and highway superintendent needs to understand this. We need more team building, let's move slower. Dan doesn't want to sign anymore vouchers until this is passed. Kim Russell understands that the system may not be working properly but not signing vouchers would create a huge problem for our bookkeeping office. What does that solve? Please don't make blanket policy of not signing. Kathy Kinsella said we seem to agree on goals just not the implementation. To hold government hostage by not signing vouchers is irresponsible.

Ellen volunteered to work with Bruce and develop a management policy and then we can work with training the staff. Kim Russell asked who would be in bookkeeper's office the first 2 weeks when this is implemented. Bruce is uncomfortable with signing off on vouchers after the fact. This board is the authorizing body. Tom appointed Bruce and Ellen to work together and get back to the Board. Dod would like to be there as well as the highway superintendent or bookkeeper. Tom is proposing just the two of them; it is more effective with fewer people. Dod does not favor dictating from the top. Tom supports streamlining the process, let's proceed. Bruce has no problem customizing but still wants to vote tonight. Do we have any liability? How can we ignore policy? Pam replied that a lot of this does not fall under procurement. Since you are working towards procedures that would satisfy the law, I see no liability issues.

This resolution was held over for future meeting. No vote taken

2. Resolution to Require an Enhanced Monthly Statement of All Moneys Report

Whereas, Town Law 8.§125.2 states that the supervisor shall render to the town board at the end of each month a detailed statement of all money received and disbursed by him for such month, and shall file a copy in the office of the town clerk; and

Whereas, Town Law 3.§29.4 states that the supervisor shall keep an accurate and complete account of the receipt and disbursement of all moneys; and

Whereas, accounts receivable and investments are normally considered to be assets; and

Whereas, it is logical and practical for the town board to expect and to require timely and accurate financial information;

Therefore, be it resolved that the town board shall be provided with the supervisor's monthly expenditure detail report at least two business days before the first town board meeting of the month; and

Be it further resolved that the information in the report is to accurately report Opening Balances, Receipts, Disbursements, Closing Balances, Accounts Receivable, Opening Investment Balance and Closing Investment Balance for all funds of the town for the month being reported.

On motion from Bruce and second by Dan this resolution was unanimously passed.

3. Resolution to Require an Enhanced Monthly Expenditure Budget Detail Report

Whereas, Town Law 3.§29.4 states that the supervisor shall keep an accurate and complete account of the disbursement of all moneys; and

Whereas, Town Law 8.§110 states that the town board may provide for the encumbering of appropriation accounts at more frequent intervals than the close of the fiscal year; and

Whereas, accounting of encumbrances throughout the year is practical as the current purchase order section regarding fiscal officer approval of funds states "I certify that there are moneys available to pay this order and the appropriation accounts have been encumbered for the amount of the order"; and

Whereas, Town Code Chapter 30-9-A requires that expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the town board; and

Whereas, the town board requires timely and accurate financial information to properly weigh decisions about authorizing expenditures or commitments to incur financial obligations of the Town; and

Therefore, be it resolved that the town supervisor is to provide the town board with a monthly expenditure report at least two working days before the first town board meeting of the month; and

Be it further resolved that the information is to accurately and concisely report for each fund and each account the Approved Budget Appropriations, Modified Budget Appropriations, Outstanding Encumbrances, Expenditures Month to Date, Expenditures Year to Date, Available Balance, and Percentage of Modified Budget Used; and

Be it further resolved that the Outstanding Encumbrances column shall report all authorized yet unexpended commitments.

Bruce motioned with Dan seconding to approve above resolution.  All were in favor.

4. Resolution to Require an Enhanced Monthly Revenue Detail Report

Whereas, Town Law 3.§29.4 states that the supervisor shall keep an accurate and complete account of the receipt of all moneys; and

Whereas, Town Code Chapter 30-9-A requires that expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the town board; and

Whereas, the town board requires timely and accurate financial information to properly weigh decisions about authorizing expenditures or commitments to incur financial obligations of the Town; and

Therefore, be it resolved that the town supervisor is to provide the town board with a monthly revenue report at least two working days before the first town board meeting of the month; and

Be it further resolved that the information is to accurately and concisely report for each fund and each account the Approved Budget Estimates, Modified Budget Estimates, Accounts Receivable, Revenue Month to Date, Revenue Year to Date, Unrealized Revenue, and Percentage of Modified Budget Estimates.

Dan motioned and Ellen seconded to approve above resolution. All were in favor.

5. Resolution for Town Board Review of Personnel Related Expenditures

Whereas, personnel related expenditures are traditionally the largest category in the town budget; and

Whereas, employees are hired to perform duties during a number of hours each week that are specified and authorized by the town board; and

Whereas, employees may be afforded certain benefits at the time of hire as authorized by the town board; and

Whereas, the town board annually authorizes the total compensation, such as wages, salaries and benefits for employees; and

Whereas, the town board may require reports from the supervisor, pursuant to Town Law 3A-2-§ 51-3, concerning the conduct of the official business of the town and the performance by town officers and employees of their functions, powers and duties; and

Therefore, be it resolved that the town board authorizes and directs the supervisor to prepare a summary report for each employee containing the date of hire, authorized hours per week at date of hire, and benefits at date of hire; and

Be it further resolved that the summary report shall include, in addition to date of hire related information, any changes in hours per week and/or benefits that were authorized by the town board; and

Be it further resolved that attached to the report shall be copies of the minutes of the town board meeting where the date of hire related hours per week and benefits were authorized by the town board; and

Be it further resolved that attached to the report shall or copies of minutes of the town board meeting were changes were made to the authorized hours per week and/or to the authorized benefits; and

Be it further resolved that the supervisor may enlist the assistance of the town clerk and the supervisor's bookkeeper to prepare the report; and

Be it further resolved that the complete report shall be provided to the town board by February 15, 2009.

Dan motioned and Ellen seconded to approve above resolution. Motion passed 4-1 with Dod voting nay.

 

RESOLUTIONS 6 - 21 were all tabled.

 

6. Resolution to Adopt Authorization Process

Whereas, Town Code Chapter 30-9-A requires that expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the town board; and

Whereas, Town Code Chapter 30-3 requires that the procure process is determined the amount of estimated purchases; and

Whereas, Town Code Chapter 30-6 provides for exceptions to solicitation and documentation requirements; and

Whereas, Town Code Chapter 30-3-D requires that all information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract; and

Whereas, the town supervisor or his/her delegate has verified that there are sufficient appropriations to support this request; and

Whereas, the requestor is named on the town authorized purchaser list; and

Whereas, the requestor states that this/these expenditure(s) are for valid and legal purposes; and

Whereas, the requestor will provide to the town board proof that the goods or services have actually been received; and

Whereas, the requestor understands that the town board will audit the request prior to authorizing payment; and

Whereas, the requestor understands that he/she is responsible to remit any or all expenses that are disallowed by the town board;

Therefore be it resolved that the town board will use the following templates

□ up to $250 of Town Funds for supplies or equipment

□ $250 to $3,000 of Town Funds for supplies or equipment

□ $1000 to $3,000 of Town Highway Funds for supplies or equipment

□ up to $1000 of Town Highway Funds for supplies or equipment

□ $3,000 to $10,000 of Town or Town Highway Funds for supplies or equipment

□ up to $500 of Town Funds or Town Highway Funds for public works contracts

□ $500 to $1,000 of Town Funds for public works contracts

□ $500 to $3,000 of Town Highway Funds for public works contracts

□ $1,000 to $10,000 of Town Funds for public works contracts

□ $3,000 to $10,000 of Town Highway Funds for public works contracts

□ $10,000 to $20,000 of Town or Town Highway Funds for public works contracts

□ Refer to General Municipal Law §103 for supplies or equipment in excess of $10,000 or public works in excess of $20,000.

to authorize audit the commencement of the appropriate procurement process in compliance with applicable policies; and

Be it further resolved that the town board will use the template for Emergency Commitment of Town or Town Highway Funds in the case of a duly declared emergency.

7. Resolution to Delegate Authorization to Department Head or Liaison to Ameliorate Unforeseen Risk

Whereas, Town Code Chapter 30-9-A requires that expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the town board; and

Whereas, there are unforeseen situations where waiting for written approval of the town board to incur financial obligations will, at the discretion of the department head, cause more risk to an asset, person(s), program objectives, or to the legal obligations of the town; and

Whereas, the department head estimates that there are sufficient appropriations to support this request; and

Whereas, the department head is named on the town authorized purchaser list; and

Whereas, the department head states that this/these expenditure(s) are for valid and legal purposes; and

Whereas, the department head will provide to the town board proof that the goods or services have actually been received; and

Whereas, the department head understands that the town board will audit the request prior to authorizing payment; and

Whereas, the department head understands that he/she is responsible to remit any or all expenses that are disallowed during audit by the town board;

Therefore be it resolved that the town board authorizes the department head to commence the appropriate procurement process in compliance with applicable policies; and

Therefore be it further resolved that in the absence of the department head, the assigned town board liaison may act for the department head and may use the authorization afforded to the department head to commence the appropriate procurement process in compliance with applicable policies; and

Therefore be it further resolved that the department head is required to inform the bookkeeper of the encumbrance within two business days; and

Be it further resolved that the town board authorizes the department head to commit the following expenditure(s)

	Title	Condition	Limit ($)
1
2
3
4
5

 

Supervisor Traudt / (Delegate______________________) Affirmation ____

Councilperson Crane Affirmation ____

Councilperson Silverstein Affirmation ____

Councilperson Staley Affirmation ____

Councilperson Washburn Affirmation ____

Town Clerk Cunningham/Deputy Town Clerk Winne Date (mm/dd/yyyy) ___________

One copy to requestor, one copy to supervisor's bookkeeper, one copy to file

8. Resolution to Waive Pre-approval of Town Board to Expend Town Funds or Town Highway Funds

Whereas, Town Code Chapter 30-9-A requires that expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the town board; and

Whereas, Town Law Article 8 §118 states that the Town Supervisor may pay certain specified claims; and

Whereas, Town Law Article 4 §64-1-a specifies that the town board may establish petty cash funds to be used in advance of approval and audit; and

Whereas, the town supervisor is to recover for the town any funds expended without proper authorization of the town board;

Therefore, be it resolved that under the following conditions designated employees and/or elected officials of the town are authorized to commit funds or make purchases for the town:

Town Supervisor	Claims pursuant to Town Law 8-§118
Town Highway Superintendent	Petty cash pursuant to Town Law 4-§64-1-a
Town Clerk / Deputy Town Clerk	Petty cash pursuant to Town Law 4-§64-1-a
Tax Collector / Deputy Tax Collector	Petty cash pursuant to Town Law 4-§64-1-a
Recycling Center Custodian	Petty cash pursuant to Town Law 4-§64-1-a
Recreation Director	Petty cash pursuant to Town Law 4-§64-1-a
Pool Cashier	Petty cash pursuant to Town Law 4-§64-1-a

 

Supervisor Traudt / (Delegate______________________) Affirmation ____

Councilperson Crane Affirmation ____

Councilperson Silverstein Affirmation ____

Councilperson Staley Affirmation ____

Councilperson Washburn Affirmation ____

Town Clerk Cunningham/Deputy Town Clerk Winne Date (mm/dd/yyyy) ___________

One copy to supervisor's bookkeeper, one copy to authorized position, and one copy to town clerk file 9.Resolution to Adopt Audit Process

Whereas, pursuant to Town Law 8-§119 the town clerk shall cause each claim presented to the town board for audit to be numbered consecutively, beginning with the number one in each year and to be stamped or otherwise marked with the date of presentation. The claims shall be available for public inspection at all times during office hours. The town board shall not be required to audit any claim until thirty days after presentation to the town clerk. The town board may, in considering a claim, require any person presenting the same to be sworn before it or before any member thereof, relative to the justness and accuracy of such claim, and may take evidence and examine witnesses in respect to the claim, and for that purpose may issue subpoenas for the attendance of witnesses, except as otherwise provided by law. When a claim has been audited by the town board the town clerk shall file the same in numerical order as a public record in his office and prepare an abstract of the audited claims specifying the number of the claim, the name of the claimant, the amount allowed and the fund and appropriation  account chargeable therewith and such other information as may be deemed necessary and essential, directed to the supervisor of the town, authorizing and directing him to pay to the claimant the amount allowed upon his claim. No warrant shall be drawn against one fund or appropriation account to pay a claim chargeable to another fund or appropriation account; and

Whereas, the town board employs templates to determine if the claim is for a valid and legal purpose, if the claim is authorized, if there are sufficient appropriations to pay the claim, and if the claim meets the legal and policy requirements in relation to competitive bidding and the requirements of the town's procurement policy; and

Whereas, the Finance Department is responsible to determine if the claim has any sales tax charges for exempt expenses, if the claim includes all discounts that the town is entitled to, if the goods or services were actually received, that the claim has not been paid before, in whole or in part, and that the claim is mathematically correct; and

Whereas, signing each claim form is not required by statute; and

Whereas, a claim package should contain enough detail and documentation so that the town board is supplied with sufficient information to determine whether to allow or disallow the claim; and

Whereas, claim packages should be associated with the abstract being approved and said approval is to be duly recorded in the minutes of the town board; and

Therefore, be it resolved that the Finance Department/Supervisor's Bookkeeper shall prepare packets for each claim that include the appropriate, previously completed town board authorization template; and

Be it further resolved that each claim and supporting packet that was previously authorized by the town board shall be grouped with others of the same sort in a claim package and listed on a preliminary abstract; and

Be it further resolved that any claim and supporting packet that is disallowed by a town board member shall be removed from the package and given to the town clerk by the town board member and crossed off the preliminary abstract by the town board member and an explanation of the disallowance shall be made to the town clerk by the town board member; and

Be it further resolved that the town clerk shall prepare the final abstract from the preliminary abstract and cause the final abstract to approved by the town board at the next regular town board meeting; and

Be it further resolved that each claim and associated packet that was not previously authorized by the town board shall be grouped with others of the same sort and listed on a preliminary abstract that clearly states unauthorized claims and the same procedure used for authorized claims shall be used; and

Be it further resolved that each claim for goods or services provided in 2008 and associated packet shall be grouped with others of the same sort and listed on a preliminary abstract that clearly states 2008 claims and the same procedure used for authorized claims shall be used; and

Be it further resolved that the town clerk shall cause each approved final abstract package and associated claim packets to be properly filed for future review; and

Be it further resolved that the following template be used to approve each abstract:

 

(Preliminary / Final) Abstract ____________ for (Authorized / Unauthorized / Carry Over) Claims for Year ______

Vouchers ______ to _______ Checks ________ to _______

Voiding Checks _______________________________________________________________________________

I certify that the claims contained herein have sufficient appropriations to pay the claims, that the claims meet the legal and policy requirements in relation to competitive bidding and the requirements of the town's procurement policy, that there are no sales tax charges for exempt expenses, that all claims include all discounts that the town is entitled to, that the goods or services associated with each claim were actually received, that the claim has not been paid before, in whole or in part, and that the claim is mathematically correct.

Supervisor's Bookkeeper ________________________________________ Date ______________________

I certify that these claims were audited and allowed by the town board to be paid.

Town Clerk ___________________________________________________ Date ______________________

10.Request to Expend up to $250 of Town Funds for Supplies or Equipment

Whereas, Town Code Chapter 30-9-A requires that expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the town board; and

Whereas, Town Code Chapter 30-3-A-3 states that bidding procedures for estimated purchases of $250 or less are left to the discretion of the purchaser; and

Whereas, Town Code Chapter 30-6 provides for exceptions to solicitation and documentation requirements; and

Whereas, Town Code Chapter 30-3-D requires that all information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract; and

Whereas, the town supervisor or his/her delegate has verified that there are sufficient appropriations to support this request; and

Whereas, the requestor is named on the town authorized purchaser list; and

Whereas, the requestor states that this/these expenditure(s) are for valid and legal purposes; and

Whereas, the requestor will provide to the town board proof that the goods or services have actually been received; and

Whereas, the requestor understands that the town board will audit the request prior to authorizing payment; and

Whereas, the requestor understands that he/she is responsible to remit any or all expenses that are disallowed by the town board;

Therefore be it resolved that the town board authorizes the requestor to commence the appropriate procurement process in compliance with applicable policies; and

Be it further resolved that the town board authorizes the requestor to commit the following expenditure(s)

			To be completed following Town Board approval
Description of Requested Expenditure(s)	Limit ($)	Account Code	P.O. Number if issued	Requestor initial and date when applicable policies have been satisfied	Requestor initial and date when goods or services are received

 

Supervisor Traudt / (Delegate______________________) Affirmation ____

Requestor Signature _____________________________ Requestor Initials _________

Councilperson Crane Affirmation ____

Councilperson Silverstein Affirmation ____

Councilperson Staley Affirmation ____

Councilperson Washburn Affirmation ____

Town Clerk Cunningham/Deputy Town Clerk Winne Date (mm/dd/yyyy) ___________

One copy to requestor, one copy to supervisor's bookkeeper, one copy to town clerk file

11. Request to Expend $250 to $3,000 of Town Funds for Supplies or Equipment

Whereas, Town Code Chapter 30-9-A requires that expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the town board; and

Whereas, Town Code Chapter 30-3-A-2 requires that estimated purchases of less than $3,000 but greater than $250 require an oral request for the goods and oral/fax quotes from two vendors; and

Whereas, Town Code Chapter 30-6 provides for exceptions to solicitation and documentation requirements; and

Whereas, Town Code Chapter 30-3-D requires that all information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract; and

Whereas, the town supervisor or his/her delegate has verified that there are sufficient appropriations to support this request; and

Whereas, the requestor is named on the town authorized purchaser list; and

Whereas, the requestor states that this/these expenditure(s) are for valid and legal purposes; and

Whereas, the requestor will provide to the town board proof that the goods or services have actually been received; and

Whereas, the requestor understands that the town board will audit the request prior to authorizing payment; and

Whereas, the requestor understands that he/she is responsible to remit any or all expenses that are disallowed by the town board;

Therefore be it resolved that the town board authorizes the requestor to commence the appropriate procurement process in compliance with applicable policies; and

Be it further resolved that the town board authorizes the requestor to commit the following expenditure(s)

			To be completed following Town Board approval
Description of Requested Expenditure(s)	Limit ($)	Account Code	P.O. Number if issued	Requestor initial and date when applicable policies have been satisfied	Requestor initial and date when goods or services are received

 

Supervisor Traudt / (Delegate______________________) Affirmation ____

Requestor Signature _____________________________ Requestor Initials _________

Councilperson Crane Affirmation ____

Councilperson Silverstein Affirmation ____

Councilperson Staley Affirmation ____

Councilperson Washburn Affirmation ____

Town Clerk Cunningham/Deputy Town Clerk Winne Date (mm/dd/yyyy) ___________

One copy to requestor, one copy to supervisor's bookkeeper, one copy to town clerk file

12. Request to Expend up to $1000 of Town Highway Funds for Supplies or Equipment

Whereas, Town Code Chapter 30-9-A requires that expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the town board; and

Whereas, Town Code Chapter 30-3-A-3 states that bidding procedures for estimated purchases of $1000 or less are left to the discretion of the purchaser; and

Whereas, Town Code Chapter 30-6 provides for exceptions to solicitation and documentation requirements; and

Whereas, Town Code Chapter 30-3-D requires that all information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract; and

Whereas, the town supervisor or his/her delegate has verified that there are sufficient appropriations to support this request; and

Whereas, the requestor is named on the town authorized purchaser list; and

Whereas, the requestor states that this/these expenditure(s) are for valid and legal purposes; and

Whereas, the requestor will provide to the town board proof that the goods or services have actually been received; and

Whereas, the requestor understands that the town board will audit the request prior to authorizing payment; and

Whereas, the requestor understands that he/she is responsible to remit any or all expenses that are disallowed by the town board;

Therefore be it resolved that the town board authorizes the requestor to commence the appropriate procurement process in compliance with applicable policies; and

Be it further resolved that the town board authorizes the requestor to commit the following expenditure(s)

			To be completed following Town Board approval
Description of Requested Expenditure(s)	Limit ($)	Account Code	P.O. Number if issued	Requestor initial and date when applicable policies have been satisfied	Requestor initial and date when goods or services are received

 

Supervisor Traudt / (Delegate______________________) Affirmation ____

Requestor Signature _____________________________ Requestor Initials _________

Councilperson Crane Affirmation ____

Councilperson Silverstein Affirmation ____

Councilperson Staley Affirmation ____

Councilperson Washburn Affirmation ____

Town Clerk Cunningham/Deputy Town Clerk Winne Date (mm/dd/yyyy) ___________

One copy to requestor, one copy to supervisor's bookkeeper, one copy to town clerk file

13. Request to Expend $1000 to $3,000 of Town Highway Funds for Supplies or Equipment

Whereas, Town Code Chapter 30-9-A requires that expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the town board; and

Whereas, Town Code Chapter 30-3-A-2 requires that estimated purchases of less than $3,000 but greater than $1000 require an oral request for the goods and oral/fax quotes from two vendors; and

Whereas, Town Code Chapter 30-3-C requires that any written RFP shall describe the desired goods, quantity and the particulars of delivery. The purchaser shall compile a list of all vendors from whom written/fax/oral quotes have been requested and the written/fax/oral quotes offered; and

Whereas, Town Code Chapter 30-6 provides for exceptions to solicitation and documentation requirements; and

Whereas, Town Code Chapter 30-3-D requires that all information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract; and

Whereas, the town supervisor or his/her delegate has verified that there are sufficient appropriations to support this request; and

Whereas, the requestor is named on the town authorized purchaser list; and

Whereas, the requestor states that this/these expenditure(s) are for valid and legal purposes; and

Whereas, the requestor will provide to the town board proof that the goods or services have actually been received; and

Whereas, the requestor understands that the town board will audit the request prior to authorizing payment; and

Whereas, the requestor understands that he/she is responsible to remit any or all expenses that are disallowed by the town board;

Therefore be it resolved that the town board authorizes the requestor to commence the appropriate procurement process in compliance with applicable policies; and

Be it further resolved that the town board authorizes the requestor to commit the following expenditure(s)

			To be completed following Town Board approval
Description of Requested Expenditure(s)	Limit ($)	Account Code	P.O. Number if issued	Requestor initial and date when applicable policies have been satisfied	Requestor initial and date when goods or services are received

 

Supervisor Traudt / (Delegate______________________) Affirmation ____

Requestor Signature _____________________________ Requestor Initials _________

Councilperson Crane Affirmation ____

Councilperson Silverstein Affirmation ____

Councilperson Staley Affirmation ____

Councilperson Washburn Affirmation ____

Town Clerk Cunningham/Deputy Town Clerk Winne Date (mm/dd/yyyy) ___________

One copy to requestor, one copy to supervisor's bookkeeper, one copy to town clerk file

14. Request to Expend $3,000 to $10,000 of Town or Town Highway Funds for Supplies or Equipment

Whereas, Town Code Chapter 30-9-A requires that expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the town board; and

Whereas, Town Code Chapter 30-3-A-1 requires that estimated purchases of less than $10,000 but greater than $3,000 require a written request for a proposal (RFP) and written/fax quotes from three vendors; and

Whereas, the town supervisor or his/her delegate has verified that there are sufficient appropriations to support this request; and

Whereas, Town Code Chapter 30-3-C requires that any written RFP shall describe the desired goods, quantity and the particulars of delivery. The purchaser shall compile a list of all vendors from whom written/fax/oral quotes have been requested and the written/fax/oral quotes offered; and

Whereas, Town Code Chapter 30-6 provides for exceptions to solicitation and documentation requirements; and

Whereas, Town Code Chapter 30-3-D requires that all information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract; and

Whereas, the requestor is named on the town authorized purchaser list; and

Whereas, the requestor states that this/these expenditure(s) are for valid and legal purposes; and

Whereas, the requestor will provide to the town board proof that the goods or services have actually been received; and

Whereas, the requestor understands that the town board will audit the request prior to authorizing payment; and

Whereas, the requestor understands that he/she is responsible to remit any or all expenses that are disallowed by the town board;

Therefore be it resolved that the town board authorizes the requestor to commence the appropriate procurement process in compliance with applicable policies; and

Be it further resolved that the town board authorizes the requestor to commit the following expenditure(s)

			To be completed following Town Board approval
Description of Requested Expenditure(s)	Limit ($)	Account Code	P.O. Number if issued	Requestor initial and date when applicable policies have been satisfied	Requestor initial and date when goods or services are received

 

Supervisor Traudt / (Delegate______________________) Affirmation ____

Requestor Signature _____________________________ Requestor Initials _________

Councilperson Crane Affirmation ____

Councilperson Silverstein Affirmation ____

Councilperson Staley Affirmation ____

Councilperson Washburn Affirmation ____

Town Clerk Cunningham/Deputy Town Clerk Winne Date (mm/dd/yyyy) ___________

One copy to requestor, one copy to supervisor's bookkeeper, one copy to town clerk file

15.Request to Expend up to $500 of Town Funds or Town Highway Funds for Public Works Contracts

Whereas, Town Code Chapter 30-9-A requires that expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the town board; and

Whereas, Town Code Chapter 30-3-B-4 states that bidding procedures for estimated contracts of $500 or less are left to the discretion of the purchaser; and

Whereas, Town Code Chapter 30-6 provides for exceptions to solicitation and documentation requirements; and

Whereas, Town Code Chapter 30-3-D requires that all information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract; and

Whereas, the town supervisor or his/her delegate has verified that there are sufficient appropriations to support this request; and

Whereas, the requestor is named on the town authorized purchaser list; and

Whereas, the requestor states that this/these expenditure(s) are for valid and legal purposes; and

Whereas, the requestor will provide to the town board proof that the goods or services have actually been received; and

Whereas, the requestor understands that the town board will audit the request prior to authorizing payment; and

Whereas, the requestor understands that he/she is responsible to remit any or all expenses that are disallowed by the town board;

Therefore be it resolved that the town board authorizes the requestor to commence the appropriate procurement process in compliance with applicable policies; and

Be it further resolved that the town board authorizes the requestor to commit the following expenditure(s)

			To be completed following Town Board approval
Description of Requested Expenditure(s)	Limit ($)	Account Code	P.O. Number if issued	Requestor initial and date when applicable policies have been satisfied	Requestor initial and date when goods or services are received

 

Supervisor Traudt / (Delegate______________________) Affirmation ____

Requestor Signature _____________________________ Requestor Initials _________

Councilperson Crane Affirmation ____

Councilperson Silverstein Affirmation ____

Councilperson Staley Affirmation ____

Councilperson Washburn Affirmation ____

Town Clerk Cunningham/Deputy Town Clerk Winne Date (mm/dd/yyyy) ___________

One copy to requestor, one copy to supervisor's bookkeeper, one copy to town clerk file

16. Request to Expend $500 to $1,000 of Town Funds for Public Works Contracts

Whereas, Town Code Chapter 30-9-A requires that expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the town board; and

Whereas, Town Code Chapter 30-3-B-3 requires that estimated purchases of less than $1,000 but greater than $500 require an oral request for the goods and oral/fax quotes from two vendors; and

Whereas, Town Code Chapter 30-6 provides for exceptions to solicitation and documentation requirements; and

Whereas, Town Code Chapter 30-3-D requires that all information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract; and

Whereas, the town supervisor or his/her delegate has verified that there are sufficient appropriations to support this request; and

Whereas, the requestor is named on the town authorized purchaser list; and

Whereas, the requestor states that this/these expenditure(s) are for valid and legal purposes; and

Whereas, the requestor will provide to the town board proof that the goods or services have actually been received; and

Whereas, the requestor understands that the town board will audit the request prior to authorizing payment; and

Whereas, the requestor understands that he/she is responsible to remit any or all expenses that are disallowed by the town board;

Therefore be it resolved that the town board authorizes the requestor to commence the appropriate procurement process in compliance with applicable policies; and

Be it further resolved that the town board authorizes the requestor to commit the following expenditure(s)

			To be completed following Town Board approval
Description of Requested Expenditure(s)	Limit ($)	Account Code	P.O. Number if issued	Requestor initial and date when applicable policies have been satisfied	Requestor initial and date when goods or services are received

 

Supervisor Traudt / (Delegate______________________) Affirmation ____

Requestor Signature _____________________________ Requestor Initials _________

Councilperson Crane Affirmation ____

Councilperson Silverstein Affirmation ____

Councilperson Staley Affirmation ____

Councilperson Washburn Affirmation ____

Town Clerk Cunningham/Deputy Town Clerk Winne Date (mm/dd/yyyy) ___________

One copy to requestor, one copy to supervisor's bookkeeper, one copy to town clerk file

17. Request to Expend $500 to $3,000 of Town Highway Funds for Public Works Contracts

Whereas, Town Code Chapter 30-9-A requires that expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the town board; and

Whereas, Town Code Chapter 30-3-B-3 requires that estimated purchases of less than $3,000 but greater than $500 require an oral request for the goods and oral/fax quotes from two vendors; and

Whereas, Town Code Chapter 30-6 provides for exceptions to solicitation and documentation requirements; and

Whereas, Town Code Chapter 30-3-D requires that all information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract; and

Whereas, the town supervisor or his/her delegate has verified that there are sufficient appropriations to support this request; and

Whereas, the requestor is named on the town authorized purchaser list; and

Whereas, the requestor states that this/these expenditure(s) are for valid and legal purposes; and

Whereas, the requestor will provide to the town board proof that the goods or services have actually been received; and

Whereas, the requestor understands that the town board will audit the request prior to authorizing payment; and

Whereas, the requestor understands that he/she is responsible to remit any or all expenses that are disallowed by the town board;

Therefore be it resolved that the town board authorizes the requestor to commence the appropriate procurement process in compliance with applicable policies; and

Be it further resolved that the town board authorizes the requestor to commit the following expenditure(s)

			To be completed following Town Board approval
Description of Requested Expenditure(s)	Limit ($)	Account Code	P.O. Number if issued	Requestor initial and date when applicable policies have been satisfied	Requestor initial and date when goods or services are received

 

Supervisor Traudt / (Delegate______________________) Affirmation ____

Requestor Signature _____________________________ Requestor Initials _________

Councilperson Crane Affirmation ____

Councilperson Silverstein Affirmation ____

Councilperson Staley Affirmation ____

Councilperson Washburn Affirmation ____

Town Clerk Cunningham/Deputy Town Clerk Winne Date (mm/dd/yyyy) ___________

One copy to requestor, one copy to supervisor's bookkeeper, one copy to town clerk file

18 .Request to Expend $1,000 to $10,000 of Town Funds for Public Works Contracts

Whereas, Town Code Chapter 30-9-A requires that expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the town board; and

Whereas, Town Code Chapter 30-3-B-2 requires that estimated public works contracts of less than $10,000 but greater than $1,000 require a written request for a proposal (RFP) and written/fax quotes from two contractors; and

Whereas, the town supervisor or his/her delegate has verified that there are sufficient appropriations to support this request; and

Whereas, Town Code Chapter 30-3-C requires that any written RFP shall describe the desired goods, quantity and the particulars of delivery. The purchaser shall compile a list of all vendors from whom written/fax/oral quotes have been requested and the written/fax/oral quotes offered; and

Whereas, Town Code Chapter 30-6 provides for exceptions to solicitation and documentation requirements; and

Whereas, Town Code Chapter 30-3-D requires that all information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract; and

Whereas, the requestor is named on the town authorized purchaser list; and

Whereas, the requestor states that this/these expenditure(s) are for valid and legal purposes; and

Whereas, the requestor will provide to the town board proof that the goods or services have actually been received; and

Whereas, the requestor understands that the town board will audit the request prior to authorizing payment; and

Whereas, the requestor understands that he/she is responsible to remit any or all expenses that are disallowed by the town board;

Therefore be it resolved that the town board authorizes the requestor to commence the appropriate procurement process in compliance with applicable policies; and

Be it further resolved that the town board authorizes the requestor to commit the following expenditure(s)

			To be completed following Town Board approval
Description of Requested Expenditure(s)	Limit ($)	Account Code	P.O. Number if issued	Requestor initial and date when applicable policies have been satisfied	Requestor initial and date when goods or services are received

 

Supervisor Traudt / (Delegate______________________) Affirmation ____

Requestor Signature _____________________________ Requestor Initials _________

Councilperson Crane Affirmation ____

Councilperson Silverstein Affirmation ____

Councilperson Staley Affirmation ____

Councilperson Washburn Affirmation ____

Town Clerk Cunningham/Deputy Town Clerk Winne Date (mm/dd/yyyy) ___________

One copy to requestor, one copy to supervisor's bookkeeper, one copy to town clerk file

19. Request to Expend $3,000 to $10,000 of Town Highway Funds for Public Works Contracts

Whereas, Town Code Chapter 30-9-A requires that expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the town board; and

Whereas, Town Code Chapter 30-3-B-2 requires that estimated public works contracts of less than $10,000 but greater than $3,000 require a written request for a proposal (RFP) and written/fax quotes from two contractors; and

Whereas, the town supervisor or his/her delegate has verified that there are sufficient appropriations to support this request; and

Whereas, Town Code Chapter 30-3-C requires that any written RFP shall describe the desired goods, quantity and the particulars of delivery. The purchaser shall compile a list of all vendors from whom written/fax/oral quotes have been requested and the written/fax/oral quotes offered; and

Whereas, Town Code Chapter 30-6 provides for exceptions to solicitation and documentation requirements; and

Whereas, Town Code Chapter 30-3-D requires that all information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract; and

Whereas, the requestor is named on the town authorized purchaser list; and

Whereas, the requestor states that this/these expenditure(s) are for valid and legal purposes; and

Whereas, the requestor will provide to the town board proof that the goods or services have actually been received; and

Whereas, the requestor understands that the town board will audit the request prior to authorizing payment; and

Whereas, the requestor understands that he/she is responsible to remit any or all expenses that are disallowed by the town board;

Therefore be it resolved that the town board authorizes the requestor to commence the appropriate procurement process in compliance with applicable policies; and

Be it further resolved that the town board authorizes the requestor to commit the following expenditure(s)

			To be completed following Town Board approval
Description of Requested Expenditure(s)	Limit ($)	Account Code	P.O. Number if issued	Requestor initial and date when applicable policies have been satisfied	Requestor initial and date when goods or services are received

 

Supervisor Traudt / (Delegate______________________) Affirmation ____

Requestor Signature _____________________________ Requestor Initials _________

Councilperson Crane Affirmation ____

Councilperson Silverstein Affirmation ____

Councilperson Staley Affirmation ____

Councilperson Washburn Affirmation ____

Town Clerk Cunningham/Deputy Town Clerk Winne Date (mm/dd/yyyy) ___________

One copy to requestor, one copy to supervisor's bookkeeper, one copy to town clerk file

20. Request to Expend $10,000 to $20,000 of Town or Town Highway Funds for Public Works Contracts

Whereas, Town Code Chapter 30-9-A requires that expenditures and or commitment to make payment or incur financial obligations of the Town shall not be made or entered into without prior written approval of the town board; and

Whereas, Town Code Chapter 30-3-B-1 requires that estimated public works contracts of less than $20,000 but greater than $10,000 require a written request for a proposal (RFP) and written/fax quotes from three contractors; and

Whereas, the town supervisor or his/her delegate has verified that there are sufficient appropriations to support this request; and

Whereas, Town Code Chapter 30-3-C requires that any written RFP shall describe the desired goods, quantity and the particulars of delivery. The purchaser shall compile a list of all vendors from whom written/fax/oral quotes have been requested and the written/fax/oral quotes offered; and

Whereas, Town Code Chapter 30-6 provides for exceptions to solicitation and documentation requirements; and

Whereas, Town Code Chapter 30-3-D requires that all information gathered in complying with the procedures of this section shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract; and

Whereas, the requestor is named on the town authorized purchaser list; and

Whereas, the requestor states that this/these expenditure(s) are for valid and legal purposes; and

Whereas, the requestor will provide to the town board proof that the goods or services have actually been received; and

Whereas, the requestor understands that the town board will audit the request prior to authorizing payment; and

Whereas, the requestor understands that he/she is responsible to remit any or all expenses that are disallowed by the town board;

Therefore be it resolved that the town board authorizes the requestor to commence the appropriate procurement process in compliance with applicable policies; and

Be it further resolved that the town board authorizes the requestor to commit the following expenditure(s)

			To be completed following Town Board approval
Description of Requested Expenditure(s)	Limit ($)	Account Code	P.O. Number if issued	Requestor initial and date when applicable policies have been satisfied	Requestor initial and date when goods or services are received

 

Supervisor Traudt / (Delegate______________________) Affirmation ____

Requestor Signature _____________________________ Requestor Initials _________

Councilperson Crane Affirmation ____

Councilperson Silverstein Affirmation ____

Councilperson Staley Affirmation ____

Councilperson Washburn Affirmation ____

Town Clerk Cunningham/Deputy Town Clerk Winne Date (mm/dd/yyyy) ___________

One copy to requestor, one copy to supervisor's bookkeeper, one copy to town clerk file

21. Emergency Commitment of Town or Town Highway Funds

Whereas, in a duly declared emergency of the town or duly declared town highway related emergency, it may be impractical to obtain proper authorization of the town board to expend town funds; and

Whereas, a duly declared emergency of the town can only be declared by the supervisor or in his/her absence the deputy supervisor; and

Whereas, a duly declared town highway related emergency can only be declared by the town supervisor, or in his/her absence by the deputy supervisor, or in his/her absence by the highway superintendent; and

Whereas, a duly declared emergency exists only for a finite period of time;

Therefore be it resolved that, in a duly declared emergency of the town or town highway related emergency declared by the supervisor, the town board authorizes, after the fact, the town supervisor to expend necessary funds to end the emergency; and

Be it further resolved that, in a duly declared emergency of the town or town highway related emergency declared by the deputy supervisor, the town board authorizes, after the fact, the deputy town supervisor to expend necessary funds to end the emergency; and

Be it further resolved that, in a duly declared town highway related emergency declared by the town highway superintendent, the town board authorizes, after the fact, the town highway superintendent to expend necessary funds to end the emergency; and

Be it further resolved that person to whom delegation has been made is required to provide for the purposes of the audit the following information:

To be completed within ten business days and submitted to Town Clerk for review at next Town Board meeting
Description of Emergency:	Date of Emergency:
Description of Expenditure(s):	Account Code	Actual Amount ($)

 

Supervisor Traudt / (Delegate______________________) Affirmation ____

Requestor Signature _____________________________ Requestor Initials _________

Councilperson Crane Affirmation ____

Councilperson Silverstein Affirmation ____

Councilperson Staley Affirmation ____

Councilperson Washburn Affirmation ____

Town Clerk Cunningham/Deputy Town Clerk Winne Date (mm/dd/yyyy) ___________

One copy to delegate, one copy to supervisor's bookkeeper, one copy to file

At 6:50 the Supervisor recessed this meeting for a 10 minute break before starting the discussion with the Comprehensive Plan consultant and Sally Mazzarella on proposed zoning changes and Comprehensive Plan.

At 7:00 the Supervisor announced that this part of the meeting is a special workshop session with Warren and Sally. Warren presented the following document with a 15 day comment period. Graham prepared the draft scoping document. The consultants would like to hold a special meeting with the Board after the comment period has ended then the final scope can be written taking into consideration the public comments. We will also have further conceptual plans for the TND, TDR and the splitting off of a single lot in the 5 acre zone east of Route 9, senior housing at Holy Cross and potential cost estimates of this work. The meeting was scheduled for January 29^th at 6:30. Place to be announced later.

State Environmental Quality Review Act (SEQR)

Draft Scoping Document

Supplemental Generic Environmental Impact Statement
Revisions to Proposed Town Comprehensive Plan
Amendments to Town Zoning Law
and Freshwater Wetlands Law
Town of Rhinebeck, Dutchess County, NY

On October 24, 2008, the Town Board of the Town of Rhinebeck issued a Draft Generic Environmental Impact Statement (DGEIS) to analyze three Proposed Actions consisting of the adoption of a new Comprehensive Plan for the Town of Rhinebeck entitled The Rhinebeck Plan, adoption of Amendments to the Town Zoning Law, and adoption of a Freshwater Wetlands Local Law (the "Original Proposed Actions"). The DGEIS was prepared to analyze the Original Proposed Actions consistent with the Scoping Document adopted by the Town Board on September 8, 2008.

 

Subsequent to public hearings on the DGEIS, the Town Board began considering changes to the Original Proposed Actions in response to comments received during the DGEIS comment period. The Proposed Actions remain the same as those analyzed in the DGEIS however modifications to three specific elements/recommendations of the Comprehensive Plan and Zoning Amendments are being considered. These modifications, identified below, constitute the "Modified Proposed Actions" which will be analyzed in a Supplemental Generic Environmental Impact Statement (SGEIS).

 

1) The Comprehensive Plan recommends a Traditional Neighborhood Design (TND) zoning district at Astor Flats and the proposed Zoning Law amendments include such a district. The Town Board is considering modifying the Comprehensive Plan and proposed Zoning Law Amendments to eliminate the proposed Astor Flats TND, and replace it with a "Planned Conservation Neighborhood" and Planned Conservation Neighborhood (PCN) Zoning District. The proposed Planned Conservation Neighborhood zoning district would allow for the construction of approximately 175 residential units distributed across a mix of single-family attached and detached units and a commercial space of no more than 10,000 square feet proposed to be located on approximately 100 acres on the west side of Old Post Road roughly between Route 9G and Mt. Rutsen Road. In the location of the previously proposed Astor Flats TND, the Modified Proposed Actions would include a different zoning strategy for this area that would permit commercial development.

 

2) The Comprehensive Plan and Zoning Law amendments propose the potential creation of a Senior Housing Floating Zone (SH-F), permitting a maximum of 120 units of senior housing (including 20% affordable) in the Historic Preservation (HP20), Rural Agricultural (RA10), Rural Countryside (RC6), Residential Low Density (RL5) and Village Gateway (VG) Zoning Districts. A site potentially eligible for the SH-F designation is the former Holy Cross School (HCS) site located on Morton Road, which is proposed to be retained in the current 5 acre Zone (i.e. RL5 District). The Town Board is considering modifying the Comprehensive Plan and proposed Zoning Law to now include a Senior Housing Zone at the HCS site. The Senior Housing Zone would allow for the construction of up to 200 residential units for active adults and seniors, subject to a special permit, including criteria such as the availability of on-site sewer facility, certain buffering and height restrictions, open space requirements, the need to prepare a full Environmental Impact Statement under SEQRA, and a minimum of 20% affordable units.

 

3) Alternative 6, as presented in the DGEIS, included provisions for a Transfer of Development Rights (TDR) provision to become part of the proposed Zoning Law. The Modified Proposed Actions include further considerations of how a TDR would be implemented including a provision allowing transfer of more dwelling units at a 5 acre density from working farms than would be permitted from non-agricultural properties. The TDR would apply only to the HP20 and RA10 districts.

This Draft Scoping Document has been prepared by GREENPLAN, Inc. and AKRF, Inc. for the Town Board of the Town of Rhinebeck, Lead Agency for the SEQR review of the Modified Proposed Actions. The Town Board will prepare a Supplemental Generic Environmental Impact Statement (SGEIS) under 6 NYCRR 617, the implementing regulations for the State Environmental Quality Review Act. Under those regulations, 6 NYCRR 617.9(a)(7), the lead agency, in this case the Town Board, may require a Supplemental EIS limited to analyzing those specific potential significant adverse environmental impacts that may have not been addressed in the Draft EIS arising from changes to the Proposed Action(s). The document will be prepared in a generic format because adoption of the proposed Comprehensive Plan, Zoning Law and Freshwater Wetlands Law will have a wide application, will affect properties throughout the Town, and will have generic or common effects.

As discussed in the SEQR Regulations at 6 NYCRR 617.10(a) "A generic EIS may be used to assess the environmental impacts of...an entire program or plan having wide application or restricting the range of future alternative policies or projects, including new or significant changes to existing land use plans..." Individual actions proposed to be carried out in conformance with the subsequently adopted Comprehensive Plan, Zoning Law, and Freshwater Wetlands Law must comply with the requirements of SEQRA, including any site-specific development applications.

SGEIS Introduction

The SGEIS will draw on information contained with the DGEIS. The SGEIS will also assemble relevant and material facts specific to new analyses resulting from the Modified Proposed Actions. It will be clearly and concisely written in plain language that can be easily read and understood by the public. Highly technical material will be summarized and, if it must be included in its entirety, it will be referenced in the SGEIS and included in an appendix.

This Draft Scoping Document represents issues and known concerns identified by the Town Board. This document is intended to serve as the foundation for the identification of specific potentially significant adverse impacts not addressed or adequately addressed in the DGEIS, which might arise from the Modified Proposed Actions and appropriate mitigation measures. It is also intended to eliminate consideration of any impacts that are irrelevant or non-significant for purposes of SEQRA. It is important to remember that the Town Board's purpose in analyzing the Original Proposed Actions and Modified Proposed Actions is how best to meet the twin goals of the Comprehensive Plan of retaining the rural character of the Town while allowing for a range of housing.

The SGEIS will be written in the third person without use of the terms I, we, and our. Narrative discussions will be accompanied to the greatest extent possible by illustrative tables and graphics. All graphics will clearly identify the subject item.

The SGEIS may incorporate by reference, in accordance with 6 NYCRR 617.9(b)(7), all or portions of other documents, including EISs that contain information relevant to the subject SGEIS. This is to avoid duplication of relevant environmental information that is readily available, such as the information on natural and cultural resources found in the proposed Comprehensive Plan. Any other documentation used will be briefly described, its applicable findings summarized, the date of preparation provided and such documents will only be referenced if they are available at the Town Hall for inspection.

SGEIS Contents

Cover Sheet listing preparers, title of action, SGEIS identification, location, Lead Agency, and relevant dates (i.e. date of acceptance, date of public hearing, final date for acceptance of comments).

Table of Contents including listings of tables, figures, maps, charts, and any items that may be submitted under separate cover (and identified as such).

I. Executive Summary

The Executive Summary will include a brief description of proposed changes to the Original Proposed Actions subsequent to acceptance of the DGEIS and a summary of potential significant adverse environmental impacts and proposed mitigation measures from the Modified Proposed Actions. Alternatives to the Modified Proposed Actions will be summarized here. The Executive Summary will also identify other proposed changes to the Proposed Actions, and why those changes will not result in significant adverse environmental impacts not addressed in the DGEIS, and thus will be further addressed in the FGEIS.

II. Modifications to the Proposed Action

This portion of the SGEIS will provide a detailed description of modifications that are proposed to be made to the Original Proposed Actions, which are being addressed in the SGEIS, along with a brief summary of collective elements of the Modified Proposed Actions, including background and need, location, and identification of appropriate governmental actions.

A. Project Purpose, Need and Benefits

a. Background and history including the planning process, public participation components and studies completed for the Modified Proposed Actions.

b. Comprehensive Plan Modifications

i. The changes being contemplated to the comprehensive plan will be identified and discussed, providing a rationale for those changes, and maps and graphics where appropriate.

c. Proposed Zoning Amendments:

i. The proposed zoning map changes will be identified, described and mapped. This section will focus on elements of the proposed zoning and zoning map that are different from the Original Proposed Actions as described in the DGEIS.

d. Public Need and Benefits:

i. The SGEIS will briefly summarize the overall Public Need and Benefits from the Modified Proposed Actions and identify any areas where the Modified Proposed Actions would serve different functions from the Original Proposed Actions as described in the DGEIS

B. Location

a. Drawing upon information contained within the DGEIS, the SGEIS will briefly summarize the location and significant geographic characteristics specifically related to the Modified Proposed Actions identified in the SGEIS.

C. Implementation

a. SEQR Process

b. Reviews and Approvals

III. Alternatives

The Town Board considered a range of Alternatives in the DGEIS known as Alternatives 1 through 7b. These Alternatives, as described in the DGEIS, remain viable alternatives. This SGEIS introduces Modified Proposed Actions, which include relevant elements of the Original Proposed Actions described in the DGEIS. In addition, the following other alternatives that consider other options for specific components of the Modified Proposed Action will be discussed in the SGEIS:

Alternative 8 - Senior Housing zone at HCS allowing up to 120 units (20% affordable) subject to a floating zone ("No Action" alternative)

Alternative 9 - Development of a Planned Conservation Neighborhood on Old Post Road with 200 to 225 units to allow for additional multi-family and/or affordable housing at this site

Alternative 10 - Development of a Planned Conservation Neighborhood on a different parcel of land within the RA10 district northwest of the Village

Each alternative will be analyzed to ascertain: a) consistency with the Comprehensive Plan goals and objectives; b) feasibility for provision of and opportunities for a range of housing including market-rate and affordable units; c) ability to protect the Town's community character including its natural, scenic, and cultural (historic) resources; and d) the ability of each alternative to avoid significant adverse impacts. The alternatives analysis will place emphasis on how the alternatives compare to the Original Proposed Actions as described in the DGEIS and the Modified Proposed Actions. Each alternative will also be evaluated so that, at the conclusion of the SEQR process and following public hearings on the Proposed Comprehensive Plan, Zoning Law and Wetlands Local Law, the Town Board can select from some variation of the Original or Modified Proposed Actions and/or alternatives. Where possible, the alternative analyses will include quantitative data as appropriate for a generic impact assessment.

The effects of the alternatives on natural resources will be evaluated generically using the inventory already assembled as part of the comprehensive plan process and DGEIS.

Traffic levels for the alternatives will be provided in a quantitative fashion based upon new traffic analyses, and the analysis already included in the DGEIS on potential traffic impacts of the previously proposed Astor Flats TND at the intersection of Route 9 at Market Street and Route 9 at Route 9G. The integration of these analyses will be described and discussed with regard to alternatives.

The effect of each alternative on cultural resources and community character will be described based upon how well the alternatives are able to guide growth in relation to the existing historic district and individual historic resources. Cultural and historic resources are a key component of the Town's overall community character so that analysis, earlier in the EIS, will also evaluate potential impacts on historic resources.

IV. Environmental Setting, Impacts, Mitigation

This section of the SGEIS will draw upon information provided in the DGEIS, and provide new information where relevant to specific components and potential significant adverse impacts of the Modified Proposed Actions not discussed in the DGEIS. The analysis will include the future without the Modified Proposed Actions and potential generic impacts of the Modified Proposed Actions. The potential impacts section will analyze and evaluate potential impacts associated with the Modified Proposed Actions, where impacts are different from the Original Proposed Actions as described in the DGEIS. Any proposed mitigation measures will be discussed, as appropriate, for each of the major issues identified in this Scoping Document.

A. Land Use, Zoning, and Public Policy

a. Existing and Potential Land Use and Zoning:

i. Describe existing and potential land use and zoning along Old Post Road, Morton Road and in areas where proposed TDR regulations may result in differences from the analysis contained within the DGEIS. A build-out analysis for the modified proposed zoning law will be prepared and will be contrasted with the Original Proposed Actions build-out. The analyses will provide quantitative data where possible.

ii. Discuss whether potential land uses under the Modified Proposed Action are compatible with the rural, scenic, natural and historic character of the Town. Address the extent to which the Modified Proposed Actions will prevent the proliferation of additional suburban sprawl throughout the Town by assessing the extent to which such actions are consistent with the priority growth criteria articulated on page 1.9 of the Comprehensive Plan.

iii. Discuss potential impacts and appropriate mitigation for the Modified Proposed Actions.

b. Agricultural Resources

i. Identify agricultural districts, active agricultural lands, historic agricultural structures, prime agricultural soils and discuss regulatory requirements and land classifications in the Town.

ii. Discuss potential impacts and mitigation including the Modified Proposed Action's potential impact on the viability of maintaining present agricultural land for agricultural purposes.

c. Local Waterfront Revitalization Program

i. Describe the consistency of the Original Proposed Actions and Modified Proposed Actions with each of the policies of the Town's Local Waterfront Revitalization Program.

B. Traffic and Transportation

a. Old Post Road TND

The following intersections will be evaluated to assess potential traffic impacts associated with the new proposed location of the TND on Old Post Road:

• Old Post Road/ NYS Route 9G/Wey Road
• Old Post Road/Mount Rutsen Road/Montgomery Street
• US Route 9/Montgomery Road

 

These intersections will be analyzed for the weekday AM, midday and PM peak hours and for the Saturday midday peak hour for Existing, No Build and Build Conditions. In addition, a safety assessment (i.e., accident data, sight distance and a discussion of general roadway conditions) would need to be performed on Old Post Road where the TND would be located. Include assessment of pedestrian circulation and bicycle movements (i.e. bicycle route designations) in the area. The condition, safety and adequacy of Old Post Road and other roads affected by the additional generation from the TND will be discussed in light of its capacity to handle the additional traffic and the effect the TND and any related improvements to the roads will have on community character and quality of life for neighborhood residents. Include an estimate of traffic generation for both peak hour and total trips per day when assessing impacts on community character and quality of life for neighborhood residents.

b. Morton Road (Senior Housing)

The traffic generated by potential development of senior housing at the Holy Cross site would be computed utilizing the most recent version of the ITE Trip Generation Manual and assigned through the street network in both Rhinecliff and Rhinebeck. This study would identify potential impacts in both Rhinecliff and Rhinebeck at the following intersections:

 

• Morton Road/Mill Road/South Mill Road
• Rhinecliff Road/Orchard Road
• Shatzell Avenue/Kelly Street/Charles Street

 

In addition, a safety assessment update to the AKRF study previously performed for Rhinecliff would be included as part of this work. Include assessment of pedestrian circulation and bicycle movements (i.e. bicycle route designations) in the area. The condition, safety and adequacy of Morton Road and other roads affected by the additional generation from the Holy Cross site will be discussed in light of its capacity to handle the additional traffic and the effect development of the Holy Cross site and any related improvements to the roads will have on community character and quality of life for neighborhood residents, with particular emphasis on the hamlet of Rhinecliff. Include an estimate of traffic generation for both peak hour and total trips per day when assessing impacts on community character and quality of life for neighborhood residents. (Qualitative Analysis)

C. Cultural Resources

a. Historic and Archaeological Resources:

i. Identify the presence of known historic and archaeological sites within the area along Old Post Road, Morton Road and areas potentially affected by TDR regulations. Identify areas with the potential for additional discovery. Identify the reasons supporting the inclusion of the Holy Cross site in the National Historic Landmark designation.

ii. Discuss potential impacts and mitigation including the creation of incentives for the protection of historic and archaeological resources.

b. Community Character

i. Discuss the existing and proposed future character in areas affected by modifications to the Original Proposed Actions.

ii. Describe the potential character of development that will be permitted in areas affected by modifications to the Original Proposed Actions.

iii. Discuss the use of design standards or guidelines.

V. Unavoidable Adverse Impacts

This section of the SGEIS will identify impacts that are likely to occur despite mitigation measures, and will compare the beneficial and adverse implications of these unavoidable impacts.

VI. Irreversible and Irretrievable Commitment of Resources

This section of the SGEIS will focus on the impacts discussed in previous sections that will require an irreversible and irretrievable outlay of resources.

VII. Growth Inducing Aspects

This section of the SGEIS will generically describe how the Modified Proposed Actions might affect local business, sensitive environmental settings, traffic congestion, population characteristics, and community services. The extent to which the Modified Proposed Actions may induce growth in surrounding communities, and the potential impacts of such growth elsewhere, will be described.

VIII. Effects on the Use and Conservation of Energy Resources

Due to the generic nature of this document, it will not be possible to discuss direct methods of conserving energy for these actions since no land development activities are being authorized by the actions. However, potential energy types and sources to serve future development will be identified and discussed. Energy conservation measures and other energy strategies, such as encouraging non-renewable sources of energy in the Town, will be identified and discussed.

IX. Appendices

The appendices will include background information relevant to the Modified Proposed Actions.

Interested Agencies:

Town of Rhinebeck Clerk

Town of Rhinebeck Comprehensive Plan
Committee

Town of Rhinebeck Conservation
Advisory Council

Town of Rhinebeck Highway Department

Town of Rhinebeck Planning Board

Town of Rhinebeck Zoning Board of
Appeals

Village of Rhinebeck Board of Trustees

Village of Rhinebeck Planning Board

Village of Rhinebeck Police Department

Village of Red Hook Board of Trustees

Town Board of the Town of Red Hook

Town Board of the Town of Milan

Town Board of the Town of Clinton

Town Board of the Town of Hyde Park

Town Board of the Town of Esopus

Town Board of the Town of Ulster

City of Kingston Chief Executive Officer

Rhinebeck Central School District

Hyde Park Central School District

Red Hook Central School District

Rhinebeck Fire District

Rhinecliff Fire District

Hillside Fire District

Morton Memorial Library

Starr Library

Northern Dutchess Alliance

Dutchess County Department of Health

Dutchess County Department of Planning and Development

Dutchess County Department of Public Works

Dutchess County Water and Wastewater Authority

Dutchess County Sherriff

NYS Department of Agriculture and
Markets

NYS Department of Environmental
Conservation

NYS Office of Parks, Recreation, and

Historic Preservation

NYS Department of State (Coastal
Management and Local Government)

NYS Department of Transportation

Hudson River Heritage

Hudson River Valley Greenway

Pace University Land Use Law Center

Scenic Hudson

Northern Dutchess Hospital

Arthur Brod, Jr., AICP

J. Theodore Fink, AICP

Warren Replansky, Esq.

Graham Trelstad, AICP

Michael Zarin, Esq.

Morton Rd. Association

Rhinecliff Hamlet Advisory Council

Jennifer Van Tuyl, Esq.

Larry Wolinsky, Esq.

Wilderstein Preservation

Winnakee Land Trust

Dtuchess Land Conservancy

Rhinebeck Historical Society

DETERMINATION TO PREPARE A SUPPLEMENTAL DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT REGARDING THE ADOPTION OF THE TOWN'S COMPREHENSIVE PLAN; AMENDMENTS TO TOWN ZONING LAW; AND ADOPTION OF A TOWN FRESHWATER WETLANDS LAW

WHEREAS, on September 8, 2008, the Town Board of the Town of Rhinebeck, acting as Lead Agency under the State Environmental Quality Review Act (SEQRA) in the environmental assessment of three related Proposed Actions -- adoption of a Town Comprehensive Plan, adoption of amendments to the Town Zoning Law; and adoption of a Freshwater Wetlands Local Law - adopted a Scoping Document for a Draft Generic Environmental Impact Statement (DGEIS) and caused the DGEIS to be prepared; and

WHEREAS, on October 4, 2008 and October 7, 2008 the Town Board held public hearings on the Proposed Actions; and

WHEREAS, on October 24, 2008, the Town Board issued a Notice of Completeness for the DGEIS; and

WHEREAS, on November 17, 2008, the Town Board held a duly noticed Public Hearing on the DGEIS at which numerous speakers offered comments on the DGEIS and the Proposed Actions; and

WHEREAS, the Town Board accepted written public comments on the DGEIS until December 1, 2008; and

WHEREAS, at a Town Board meeting on December 15, 2008, the Town Board discussed the verbal and written public comments and what, if any, modifications to the Proposed Actions should be considered in response to public comments and their own review of the Actions and DGEIS; and

WHEREAS, at the meeting on December 15, 2008, the Town Board specifically discussed and considered, among other issues, potential modifications to the Proposed Actions related to: relocating the proposed Astor Flats TND to an area west of Old Post Road; modifying the amount and procedure by which senior housing units might be permitted at the former Holy Cross School site on Morton Road; and how a Transfer of Development Rights (TDR) program might be implemented within portions of the Town to achieve objectives established in the proposed Comprehensive Plan; and

WHEREAS, at a Town Board meeting on January 6, 2009, the Town Board continued this discussion and entertained public comment on these issues;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board determines that the potential modifications to the Proposed Actions may have potential significant environmental impacts not fully addressed in the DGEIS such that a Supplemental Generic Environmental Impact Statement (SGEIS) limited to the specific potential significant adverse environmental impacts of the potential modifications not addressed in the DGEIS pursuant to 6 NYCRR 617.9(a)(7) and subject to the full procedures of 6 NYCRR 617 is warranted; and

BE IT FURTHER RESOLVED, the Town Board directs its consultants to prepare a SGEIS limited to the potential adverse environmental impacts, which have not been addressed in the DGEIS arising from potential modifications to the Proposed Actions; and

BE IT FURTHER RESOLVED, the Town Board directs Town Staff to circulate a draft Scoping Document to all Interested and Involved Agencies and to post the draft Scoping Document on the Town's official website at www.rhinebeck-ny.gov; and

BE IT FURTHER RESOLVED, the Town Board hereby solicits written comment on the draft Scoping Document from all Interested and Involved Agencies and the public at large and requests that any written comments be submitted to the Rhinebeck Town Clerk by close of business on January 26, 2009.

Whereupon this Resolution was declared adopted by the Town Board of the Town of Rhinebeck. The motion was offered by Town Board member Dan Staley and seconded by Town Board member Bruce Washburn.

 

Ellen is concerned if this is the only public comment period or will there be a public hearing? Warren stated a public hearing is not required. Most substantive comments were written. There will be a public hearing on the SGEIS. The environmental impact goes into the SGEIS. Ellen asked about the expenses for this part of the process. Warren said a traffic study will be done and AKRF and Greenplan can tell the Board at the January 29^th meeting what the expected expenses will be. We have included an alternative for the TND relocation, planned conservation neighborhood. We are also looking at a 213 acre parcel northwest of the Village, Holy Cross, SPEDES permit, additional documentation of Holy Cross sewer system and, recommended costs to repair that property. Traffic, LWRP consistency, community character, qualitative traffic study will all be recapped.

Sally said the Rhinecliff hamlet extension needs to be addressed and the Board needs to come to a consensus. Warren explained there is a proposed 49 residential unit but the owner of the property is not interested in developing. This started out as a 120 unit TND which was lowered to 90 and is now at 49 residential units. Let's find out if the northwest parcel is viable. Lance Renzel pointed out that if the 49 units are maintained, he urged another traffic study be conducted on the hamlet extension possibility. Rhinecliff roads cannot take all this additional traffic that is being proposed between the extension and Holy Cross.

Joann Grey urges the Board to conduct a public hearing for the scoping. As the lead agency you have the authority to have a hearing. Carolyn Blackwell feels a hearing is needed. She then asked if the Gardens subdivision has been in the study. Sally Mazzarella pointed out that the Gardens were considered in the original build up analysis.

Mike Trimble said the Board is basically taxing the residents to subsidize an individual if you continue to ask for studies down at the Holy Cross property. It is not the role of the taxpayer to subsidize an individual. It is the applicant's responsibility, not the town government. He strongly urges the Board to remove Holy Cross's senior citizenproposal from this document. There is absolutely no reason to go down this path at the taxpayer's expense.

 

The Town Board Members voted as follows:

Supervisor Traudt aye

Councilman Crane aye

Councilwoman O'Brien-Silverstein aye

Councilman Staley aye

Councilman Washburn aye

 

This Motion was carried by a 5-0 vote of the Town Board Members on January 12, 2009.

 

ADJOURNMENT

 

At 7:45 this meeting was unanimously adjourned on motion from Dod and second from Dan.

 

 

Respectfully submitted,

 

 

Barbara Cunningham

Town Clerk