Town Borad Meeting Minutes 12-30-08
Posted on: 1/14/2009
Date of Minutes:
12/30/2008
DECEMBER 30, 2008 TOWN BOARD MEETING MINUTES
At 6:15 the Supervisor called this meeting to order.
PRESENT: Supervisor Tom Traudt, Councilwoman Ellen Silverstein and Councilmen Dod Crane, Dan Staley and Bruce Washburn along with Counsel Pam Richardson. 97 residents were also in attendance.
At 6:20 Dan motioned and Ellen seconded to go into Executive Session pursuant to public officer's law 105(1)(f) to interview candidates for the Planning Board. All were in favor. At 6:50 this interview session was over and the regular meeting was unanimously resumed on motion from Dod and second from Dan.
Emily Erlanger from Brownie Troop #78 led the audience in the Pledge of Allegiance.
PRESENTATION
Supervisor Traudt recognized Jack Varricchio for his 35 years on our Planning Board and presented him with a special plague. Ellen Silverstein said he has helped make Rhinebeck what it is today. Sally Mazzarella said Jack epitomizes all that volunteerism is. He has sacrificed time away from his family and always showed good judgment. He will truly be missed. Mike Trimble, current Planning Board chairman, echoed Sally's sentiments and feels he has learned a lot from Jack. Mary Myerson feels that fairness is center to Jack's decisions. He is an extremely objective person.
ANNOUNCEMENTS
January 6th at 5:00 2009 Re - organization meeting
BUSINESS BEFORE THE BOARD
1. Dan motioned and Dod seconded to appoint Meg Crawford, Sheila Moloney, Gloria Fox, Tess McKellan and Carol Smith to Conservation Advisory Committee terms to be 1/1/2009-12/31/2010. Motion carried unanimously.
2. On motion from Dan and second from Bruce Woody Dierze was unanimously appointed to the Planning Board 1/01/2009-12/31/2015.
3. Dan moved with Ellen seconding the appointment of Michael Trimble as Planning Board Chair for 2009. All were in favor.
4. Dan motioned and Dod seconded to appoint Meg Crawford as C.A.C. Chairperson for 2009. Unanimously approved.
5. Dan motioned and Dod seconded to approve November 24th, December 8th
and Dec 17th Town Board minutes. All were in favor.
6. On motioned form Dan and second from Dod January 6th at 6:30 was set as a workshop session with Comprehensive Plan consultants. Motioned carried unanimously.
7. Ellen moved and Dod seconded to approve Abstract 12 c for $122,147.66, checks 4392-4449 voiding 4370 and vouchers 1528-1625. All were in favor.
8. Dan motioned and Dod seconded to approve Capitol Project 18 Abstract 10 Parks/Rec/Pool v 23-25 for $2,537.35. Carried unanimously.
9. The Annual review of Investment Policy will be discussed at the January 26th meeting. Bruce explained that this needs to be updated; one example being that First National Bank of Rhinebeck is listed as our bank.
At 7:15 the Supervisor opened the Public Hearing for Ethics Code update
Counsel Pam Richardson explained that this law was last written in 1970 and the Town needs a more extensive law in place. She has reviewed this proposal.
TOWN OF RHINEBECK
LOCAL LAW 4 OF 2008
LOCAL LAW 4 OF 2008, ENTITLED A LOCAL LAW OF THE TOWN OF RHINEBECK, DUTCHESS COUNTY, NEW YORK, AMENDING CHAPTER 17 OF THE CODE OF THE TOWN OF RHINEBECK ENTITLED, CODE OF ETHICS.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF RHINEBECK AS FOLLOWS:
Chapter 17: CODE OF ETHICS
Pursuant to the provisions of § 806 of the General Municipal Law, the State of New York recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. It is the purpose of this chapter to promulgate these rules of ethical conduct for the officers and employees of the Town of Rhinebeck (hereafter, the "Town"). These rules shall serve as a guide for official conduct of the officers and employees of the Town. The rules of ethical conduct of this chapter, as adopted, shall not conflict with but shall be in addition to any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to the ethical conduct and interest in contracts of municipal officers and employees.
§ 17-2. Supersession and repeal of existing laws.
To the extent this chapter is inconsistent with the provisions of section 808 of the General Municipal Law; this chapter shall supersede those provisions. This chapter shall replace and repeal the existing Code of Ethics for Town of Rhinebeck Officers and Employees in its entirety.
§ 17-3 Code of Ethics for Town of Rhinebeck Officers and Employees.
1. General prohibition.
A Officer or Employee shall not use his official position or office, or take or fail to take any action, in a manner which he or she knows or has reason to know may result in a personal financial benefit for any of the following
persons:
(a) the Officer or Employee;
(b) his outside employer or business;
(c) a member of his household;
(d) a customer or client;
(e) a relative; or
(f) a person from whom the officer or employee has received election campaign contributions of more than $1000 in the aggregate during the past twelve months.
2. Recusal.
A Officer or Employee shall promptly recuse himself from formally or informally acting on any matter before the Town if the Officer or Employee's involvement is prohibited pursuant to Section 1 hereof.
3. Gifts.
A Officer or Employee shall not solicit anything of value from any person who has received or sought a benefit from the Town, nor accept anything of value from any person who the Officer or Employee knows or has reason to know has received or sought a benefit from the Town within the previous twenty-four months.
4. Representation.
An Officer or Employee shall not represent any other person in any matter that person has before the Town nor represent any other person in any matter against the interests of the Town.
5. Appearances.
An Officer or Employee shall not appear before any agency of the Town except on behalf of himself, an Immediate Family Member, or on behalf of the Town.
6. Confidential information.
Officers and Employees and former Officers and Employees shall not disclose any confidential information acquired in the course of his official duties, or use it to further a personal interest. No Officer or Employee or former Officers and Employees may accept employment or engage in business or professional activity that the officer or employee might reasonably expect would require or induce him by reason of his official position to disclose confidential information acquired by reason of his official position.
7. Political solicitation.
An Officer or Employee shall not knowingly request or knowingly authorize anyone else to request any subordinate of the officer or employee to participate in an election campaign or contribute to a political committee.
8. Revolving door.
A Officer or Employee shall not appear or practice before the Town, except on his own behalf, or receive compensation for working on any matter before the Town, for a period of one year after the termination of his Town service or employment; however, the bar shall be permanent as to particular matters on which the Officer or Employee personally worked while in the Town service.
9. Avoidance of conflicts.
Officers and Employees shall not knowingly acquire, solicit, negotiate for, or accept any interest, employment, or other thing of value which would put them in violation of this Code of Ethics.
10. Inducement of others.
An Officer or Employee shall not induce or aid another Officer or Employee to violate any of the provisions of this Code of Ethics.
§ 17-4 Transactional Disclosure.
1. Whenever a Officer or Employee is required to recuse himself under the Code of Ethics set forth in section 17.3 of this chapter, he
(i) shall immediately refrain from participating further in the matter,
(ii) shall promptly inform his superior, if any,
and
(iii) shall promptly file with the Town of Rhinebeck clerk a signed statement disclosing the nature and extent of the prohibited action or, if a member of any board, shall state that information upon the public record of such board.
2. The Town Clerk shall cause a copy of that disclosure to be filed promptly with the Ethics Board.
§ 17-5 Exclusions from the Code of Ethics and from Transactional Disclosure.
The provisions of sections 17-3 and 17-4 of this chapter shall not prohibit, or require recusal or transactional disclosure as a result of:
1. An action specifically authorized by statute, rule, or regulation of the state of New York or of the United States.
2. A ministerial act.
3. Gifts:
(a) received by the Officer or Employee from an Immediate Family Member; or
(b) having an aggregate value of $75 or less during any twelve-month period from all sources or individuals; or
(c) accepted on behalf of the Town of Rhinebeck and transferred to the Town of Rhinebeck.
(d) no actual cash
4. Awards from charitable organizations.
5. Receipt of Town of Rhinebeck services or benefits, or use of Town of Rhinebeck facilities, which are generally available on the same terms and conditions to residents or a class of residents in the Town of Rhinebeck.
6. Representation of constituents by elected officials without compensation in the proper discharge of official duties.
7. Officers or Employees appearing or practicing before the Town or receiving compensation for working on a matter before the Town after termination of their Town service or employment where they performed only ministerial acts while working for the Town.
§ 17-6 Inducement of Violations of the Code of Ethics.
No Town Officer or Employee shall induce or attempt to induce any other Town Officer or Employee to violate any of the provisions of sections 17-3 or 17-4 of this Chapter.
§17-7 Interest in Contracts with the Town of Rhinebeck.
1. Prohibited Interests.
No Officer or Employee or spouse of same Officer or Employee, shall have an interest in any contract with the Town, or an interest in a bank or trust company, that is prohibited by Section 801 of the General Municipal Law of the State of New York. Any contract willfully entered into by or with the Town in which there is an interest prohibited by that section shall be null, void, and wholly unenforceable, to the extent provided by section 804 of that law.
2. Discloseable Interests. Any Officer or Employee or their spouse, who has, or has reasonable expectation that he will have an interest in, any actual or proposed contract with the Town, shall publicly disclose the nature and extent of that interest in accordance with section 803 of the General Municipal Law. The Town Clerk shall cause a copy of that disclosure to be filed promptly with the Ethics Board.
3. Violations.
Any Officer or Employee who willfully and knowingly violates the provisions of this section shall be guilty of a Class A misdemeanor punishable by imprisonment of greater than 15 days or $1,0000, to the extent provided by section 805 of the General Municipal Law.
4. Exceptions. An Officer or Employee may avail themselves of exceptions to this section afforded by Section 802 of the General Municipal Law.
§ 17-8 Definitions.
Unless otherwise stated or unless the context otherwise requires, when used in this chapter:
1. "Appear" means communicating in any form, whether personally or through another person.
2. "Customer or client" means (a) any person to whom an Officer or Employee has supplied goods or services during the previous twenty-four months having, in the aggregate, a value greater than $1,000 or (b) any person to whom an Officer's or Employee's Outside Business has supplied goods or services during the previous twenty-four months having, in the aggregate, a value greater than $1,000.00, but only if the Officer or Employee knows or has reason to know the Outside Business supplied the goods or services.
3. "Ethics Board" means the Ethics Board of the Town of Rhinebeck established pursuant to section 17.16 of this chapter.
4. "Gift" and "Financial Benefit" mean any pecuniary or material benefit derived by oneself or immediate family member, including without limitation, any money, service, license, permit, contract, authorization, loan, travel, entertainment, hospitality, or any promise thereof, or any other gratuity or promise thereof or anything of value in excess of $75. A financial transaction may be a financial benefit but shall not be a gift unless it is on terms not available to the general public.
5. "Ministerial act" means an action performed in a prescribed manner without exercise of judgment or discretion as to the propriety of the act.
6. "Town of Rhinebeck" and "Town" shall not include the Town Court.
7. "Officer or Employee" means any officer or employee of the Town of Rhinebeck, whether paid or unpaid, and includes, without limitation, all members of any office, board, body, advisory board, council, commission, agency, department, district, administration, division, bureau, or committee of the Town. "Officer or Employee" shall not include:
(a) A judge, justice, officer or employee of the unified court system;(b) A volunteer fire fighter of civil defense volunteer; or
(c) A member of an advisory board of the Town of Rhinebeck, but only if the advisory board has no authority to act on behalf of its recommendations; or
(d) An outside paid consultant, providing professional services to the Town on an annual or contract basis, such as an engineer, attorney, planner, or accountant.
8. "Outside Business" means:
(a) any activity, other than service to the Town of Rhinebeck, from which the Officer or Employee receives compensation for services rendered or goods sold or produced;
(b) any entity, other than the Town of Rhinebeck, of which the Officer or Employee is a member, officer, director, or employee and from which he or she receives compensation for services rendered or goods sold or produced; or
(c) any entity in which the Officer or Employee has an ownership interest, except a corporation of which the Officer or Employee owns less than five percent (5%) of the outstanding stock.
9. "Immediate Family Member" means: parent, spouse, minor child, or sibling.
§ 17-9 Appearances by Outside Employers and Businesses of Town of Rhinebeck Officers and Employees.
1. Except as provided in subdivision 3 of this section, the outside employer or business of a \Officer or Employee shall not appear before the particular agency in which the Officer or Employee serves or by which he is employed.
2. Except as provided in subdivision 3 of this section, the Outside Business of an Officer or Employee shall not appear before any Town agency or board if the Officer or Employee has the authority to appoint any officer, employee, or member of the agency or to review, approve, audit or authorize any budget, bill, payment, or claim of such agency or board.
3. Nothing in this section shall be construed to prohibit the Outside Business of a Officer or Employee from:
(a) Appearing on its own behalf, or on behalf of the Town of Rhinebeck, before
a Town of Rhinebeck agency or board;
(b) Seeking or obtaining a ministerial act; or
(c ) Receiving a Town service or benefit, or using a Town facility, which is generally available to the public.
§17-10 Applicant Disclosure: Generally.
1. Where an Officer or Employee requests that the Town or any other Officer or Employee take, or refrain from taking, any action (other than a ministerial act) that may result in a Financial Benefit both to the requestor and to such official or one of the persons listed in subdivision 1 of section 17-3 of this chapter, the requestor shall disclose the names of any such persons, to the extent known to the requestor at the time of the request.
2. If the request is made in writing, the disclosure shall accompany the request. If the request is oral and made at a meeting of a public body, the disclosure shall be set forth in the public record of the body. If the request is oral and not made at a meeting of a public body, the disclosure shall be set forth in a writing filed with the Town clerk.
§17-11 Applicant Disclosure: Land Use Applications.
1. Disclosure.
Every application, petition or request submitted for a variance, amendment, change of zoning, approval of a plat, exemption from a plat or official map, license, or permit, pursuant to the provisions of any ordinance, local law, rule or regulation constituting the zoning and planning regulations of the Town shall state the information required, to the extent required, by section 809 of the General Municipal Law of the State of New York.
2. Violations
Any person who willfully and knowingly violates the provisions of this section
Shall be guilty of a misdemeanor, to the extent provided by section 809 of the General Municipal Law.
§17-12 Disclosure of Interest in Legislation:
To the extent known, any Officer or Employee who participates in a discussion, or gives an official opinion to the Town Board on any legislation before it shall publicly disclose on the official record, the nature and extent of any direct or indirect financial or other private interest he or she may have in such legislation.
§17-13 Void Contracts
Any contract or agreement entered into by or with the Town which results in or from a violation of any provisions of sections 17-3, 17-4 or 17-9 of this chapter shall be void unless ratified by the Town Board. Such ratification shall not affect the imposition of any criminal or civil penalties pursuant to this chapter or any other provision of law.
§17-14 Investments in conflict with official duties
No Officer or Employee shall invest or hold any investment, directly or indirectly, in any financial, business, commercial or other private transaction which creates a conflict with his official duties.
§17-15 Penalties
1. Disciplinary action.
Any Officer or Employee who engages in any action that violates any provision of this chapter may be warned or reprimanded or suspended or removed from office or employment, or be subject to any other sanction authorized by law or collective bargaining agreement, by the appointing authority or person or body authorized by law to impose such sanctions. A warning, reprimand, suspension, removal, or other authorized sanction may be imposed in addition to any other penalty contained in this chapter or in any other provision of law.
2. Civil fine.
Any Officer or Employee who violates any provision of this chapter may be subject to a civil fine of up to $1,500.00 for each violation. A civil fine may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil forfeiture pursuant to subdivision 4 of this section. A civil fine may not be imposed for a violation of section 17-7 of this chapter.
3. Damages.
Any Officer or Employee, who violates any provision of this chapter, shall be liable in damages to the Town for any losses, increased costs, or costs of administration of this chapter, incurred by the Town as a result of the violation. Such damages may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than civil forfeiture pursuant to subdivision 4 of this section.
4. Civil Forfeiture.
Any Officer or Employee, who intentionally or knowingly violates any provision of this chapter, may be subject to a civil forfeiture to the Town of a sum equal to three times the value of any Financial Benefit he or she received as a result of the conduct that constituted the violation. A civil forfeiture may be imposed in addition to any other penalty contained in any other provision of law or in this chapter, other than a civil fine pursuant to subdivision 2 or damages pursuant to subdivision 3 of this section. Civil forfeiture shall not be available for a violation of section 17-7 of this chapter.
§17-16 Debarment.
1. Any Officer or Employee, who intentionally or knowingly violates any provision of this chapter, shall be prohibited from entering into any contract with the Town for a period not to exceed three years, as provided in subdivision 5 of section 17-23 of this chapter. Debarment may not be imposed for a violation of section 17-7 of this chapter. The terms of this section 17-14 shall also apply to any Outside Business of any Officer or Employee.
2. Nothing in this section shall be construed to prohibit any person from receiving a service or benefit, or from using a facility, which is generally available to the public.
3. Under this section, a corporation, partnership, or other entity shall not be held vicariously liable for the actions of an employee. A corporation, partnership, or other entity shall not be debarred because of the actions of an employee unless (a) the employee acted in the execution of a company policy or custom or at the direction of a principal, officer or director of said company, or (b) the employee holds a controlling interest in such corporation, partnership, or other entity. A store, region, division, or other unit of an entity shall not be debarred because of the actions of an employee of that unit unless the employee acted at the direction, or with the actual knowledge or approval, of the manager of the unit.
§17-17 Maintenance of Disclosure Statement.
1. The Town Clerk shall transmit promptly to the Ethics Board each transactional and applicant disclosure statement filed pursuant to sections 17-4, 17-7, 17-10 and 17-11 of this chapter.
2. The Ethics Board shall index and maintain on file for at least seven years all disclosure statements filed with the Ethics Board pursuant to sections 17-4, 17-7, 17-10 and 17-11.
§17-18 Ethics Board: Establishment; Qualifications of Members; Appointment of Members; Term of Office.
1. Pursuant to the provisions of §808 of the General Municipal Law of the State of New York, there is hereby established an Ethics Board consisting of five members, appointed by the Town Board.
2. One member of the Ethics Board must be an appointed or elected officer or employee of the Town of Rhinebeck. Of the total membership of the Board, no more than two shall be registered in the same political party.
3. All Ethics Board members shall reside within the Town.
4. No Ethics Board member shall be an officer in a political party. No Ethics Board member shall be employed or act as a lobbyist in the Town of Rhinebeck. An Ethics Board member may make campaign contributions but may not participate in any election campaign.
5. Within 60 days after the effective date of this local law, and no later that December 31 each year thereafter, the Town Board shall appoint the members of the Ethics Board.
6. The term of office of Ethics Board members shall be three years and shall run from January 1 through December 31, except that of the members first appointed, one member shall serve until December 31 of the year in which the Board is established, two shall serve until the second December 31, and two shall serve until the third December 31.
7. Consecutive service on the Board shall not exceed two full terms.
8. The members of the Ethics Board shall not receive compensation.
9. The Attorney to the Town shall serve as counsel to the Ethics Board, except in any matter where the Attorney determines he is not able to serve the Ethics Board due to a conflict of interest. In such event, the Ethics Board may retain separate counsel of its choosing, or if a conflict attorney has been appointed by the Town Board, the Ethics Board shall retain such conflict attorney if the advice of counsel is sought.
10. The Town Board may appropriate monies for the maintenance and personal services connected with the Ethics Board.
§17-19 Ethics Board: Vacancies.
When a vacancy occurs in the membership of the Ethics Board, the vacancy shall, within 60 days, be filled for the unexpired portion of the term in the same manner as the original appointment. Any person appointed to fill a vacancy on the Ethics Board shall meet the qualifications set forth in section 17-16 of this chapter.
§17-20 Ethics Board: Removal of members.
Pursuant to General Municipal Law Section 808, members of the Ethics Board shall serve at the pleasure of the Town Board. An Ethics Board member may be removed from office in the same manner in which he or she was appointed, after written notice and opportunity for reply. Grounds for removal shall be failure to meet the qualifications ser forth in section 17-16 of this chapter, substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office, or violation of this chapter.
§17-21 Ethics Board: Meetings.
At its first meeting each year, the Ethics Board shall elect a chair, and may elect a deputy chair, from among its members. A majority of the Board shall be required for the Board to take any action. The chair or a majority of the Board may call a meeting of the Board.
§17-22 Ethics Board: Jurisdiction, Powers and Duties.
1. The Ethics Board may only act with respect to Officers and Employees of the Town.
2. The termination of an Officer's or Employee's term of office or employment with the Town shall not affect the jurisdiction of the Ethics Board with respect to the requirements imposed on him by this chapter.
3. The Ethics Board shall have the following powers and duties:
(a) To prescribe and promulgate rules and regulations governing its own internal organization and procedures in the manner consistent with this chapter;
(b)To review, index, and maintain on file list of officers and employees, and disclosure statements filed with the Ethics Board pursuant to sections 17-4, 17-7, 17-10, 17-11, and 17-15 of this chapter;
(c ) To review, index, maintain on file, and dispose of sworn complaints and to make notifications and conduct investigations pursuant to sections 17-21 and 17-22;
(d) To conduct hearings, recommend disciplinary action, assess penalties, make referrals, and initiate appropriate actions and proceedings pursuant to section 17-23.;
(e) To render, index, and maintain on file, advisory opinions pursuant to section 17-24;
(f) To provide training and education to Town of Rhinebeck officers and employees pursuant to section 17-25;
(g) To provide for public inspection of certain records pursuant to section 17-26; and
(h) The Ethics Board shall prepare and submit an annual report to the Town Board, summarizing the activities of the Board. The report may also recommend changes to the text or administration of this chapter.
§17-23 Review of Lists and Disclosure Statements.
The Ethics Board shall review all transactional disclosure statements. If the Board determines that a disclosure statement is deficient or reveals a possible or potential violation of this chapter, the Board shall notify the person in writing of the deficiency and possible or potential violation and of the penalties for failure to comply with this chapter.
§17-24 Investigations.
1. Upon receipt of a sworn complaint by any person alleging a violation of this chapter, or upon determining on its own initiative that a violation of this chapter may exist, the Ethics Board shall have the power and duty to conduct any investigation necessary to carry out the provisions of this chapter. In conducting any such investigation, the Ethics Board may administer oaths or affirmations, subpoena witnesses, compel their attendance, and require the production of any books or records which it may deem relevant and material.
2. The Ethics Board shall state in writing the disposition of every sworn complaint it receives and of every investigation it conducts and shall set forth the reasons for the disposition. All such statements and all sworn complaints shall be indexed and maintained on file by the Board.
3. Any person filing a sworn complaint with the Ethics Board shall be notified in writing of the disposition of the complaint.
4. Nothing in this section shall be construed to permit the Ethics Board to conduct an investigation of itself or of any of its members or staff. If the Ethics Board receives a complaint alleging that the Board or any of its members or staff has violated any provision of this chapter, or any other law, the Board shall promptly transmit a copy of such complaint to the Town Clerk and Town Board.
§17-25 Hearings; Assessment of penalties; Injunctive Relief.
1. Conduct of Hearings.
Except in the case of a conflict of interest, the chairman of the Ethics Board shall preside over any hearing as hearing officer. If the chairman has a conflict of interest that may impair his ability to fairly conduct the hearing, the chairman shall recuse himself and the deputy chairman, if there be one, shall preside for that matter. In the event a deputy chairman has not been appointed, an alternate member of the Ethics Board shall be chosen by majority vote of the remaining members of the Ethics Board, to preside for that matter. The hearing officer shall have the power and authority of presiding officers or hearing officers as defined by the State Administrative Procedure Act (SAPA), any other pertinent statute, local law, ordinance or resolution and regulations promulgated therefrom.
2. Findings of Fact.
Within thirty (30) days following the close of a hearing, the Ethics Board shall issue findings of fact and a determination based on same, recommending an appropriate penalty or civil fine to be assessed or any other action the Ethics Board deems appropriate pursuant to this chapter.
3. Disciplinary action.
In its discretion, after a hearing providing for due process procedural mechanisms and subject to any applicable provisions of law and collective bargaining agreements, the Ethics Board may recommend that the Town Board take appropriate disciplinary action pursuant to subdivision 1 of section 17-13 of this chapter. The Ethics Board shall conduct and complete the hearing with reasonable promptness, unless in its discretion the Ethics Board refers the matter to the Town Board or to the appropriate prosecutor if it determines that criminal charges may be appropriate. If such a referral is made, the Ethics Board may adjourn the matter pending determination by the Town Board or prosecutor.
4. Civil fine.
In its discretion and after a hearing providing for due process procedural mechanisms, the Ethics Board may assess a civil fine, not to exceed $1,500.00 for each violation, upon any Officer or Employee found by the Ethics Board to have violated this chapter. The Ethics Board shall conduct and complete the hearing with reasonable promptness. The civil fine shall be payable to the Town of Rhinebeck.
5. Damages.
The Town Board may initiate an action in the court of appropriate jurisdiction to obtain damages, as provided in subdivision 3 of section 17-13 of this chapter.
6. Civil Forfeiture.
Upon the recommendation of the Ethics Board, the Town Board may initiate an action or special proceeding, as appropriate, in a court of appropriate jurisdiction, to obtain civil forfeiture, as provided in subdivision 4 of section 17-13 of this chapter.
7. Debarment.
Upon the recommendation of the Ethics Board, the Town Board may initiate an action or special proceeding, as appropriate, in a court of appropriate jurisdiction for an order of debarment, as provided in section 17-14 of this chapter.
8. Prosecutions.
The Ethics Board may refer possible criminal violations under this chapter to the appropriate prosecutor. Nothing contained in this chapter shall be construed to restrict the authority of any prosecutor to prosecute any violation of this chapter or of any other law.
9. Judicial Review.
Any person aggrieved by any action of the Ethics Board or Town Board under this chapter may seek judicial review and relief pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York.
§17-26 Advisory Opinions.
- The Ethics Board may render written advisory opinions with respect to the interpretation or application of this chapter or of Article 18 of the General Municipal Law of the State of New York upon the written request of any member of the Town Board or of the Town Supervisor. Any other person may similarly request an advisory opinion but only with respect to whether his own action might violate a provision of this chapter or Article 18.
- Advisory opinions and requests for advisory opinions shall be indexed and maintained on file by the Ethics Board.
- The Ethics Board shall diligently resolve any request that is appropriately filed pursuant to this section.
§17-27 Education.
The Ethics Board shall make information concerning this chapter and Article 18 of the General Municipal Law available to the Officers and Employees of the Town, to the public, and to persons interested in doing business with the Town.
§17-28 Public Inspection of Records; Public Access to Meetings.
- The only record of the Ethics Board which shall be available for public inspection are those whose disclosure is required by Article 6 of the Public Officers Law of the State of New York or by some other law or regulation.
- No meeting or proceeding of the Ethics Board concerning misconduct, non-feasance, or neglect in office by a Officer or Employee shall be open to the public, except upon the request of the accused Officer or Employee or as required by the provisions of Article 7 of the Public Officer Law or by some other State or Federal law or regulation.
§17-29 Miscellaneous.
1. No existing right or remedy shall be lost, impaired, or affected by reason of this chapter.
2. If any provision of this chapter is held by a court of competent jurisdiction to be invalid, that decision shall not affect the validity and effectiveness of its remaining provisions.
3. This local law shall take effect immediately upon filing in the office of the Secretary of State and in compliance with all applicable provisions of law.
4. All references gender herein are for convenience only and shall in every instance be read as including individuals of both genders.
5. All references to the singular or plural contained herein shall be read to include the other.
17-30 Severability
If any part of this chapter is declared to be invalid by any court of competent jurisdiction, such decision shall not affect or impair the validity of said chapter as a whole, or any other part of said chapter. The Town Board hereby declares that it would have adopted this chapter and each part thereof irrespective of the fact that any one or more of the parts may be declared invalid.
§ 108-31 Repealer.
This chapter is intended to supercede, repeal and annul the provisions of Chapter 17 of the Town of Rhinebeck Code adopted 12-9-1970, and amended thereafter.
SECTION 2: If any section of this local law shall be held unconstitutional, invalid, or
ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.
SECTION 3: This local law shall take effect immediately upon filing with this
Secretary of State.
Dan motioned and Ellen seconded to approve local law 4 of 2008. Dod is concerned about the $75 limit in 17(5)(3). Is this a statewide number and Pam said yes. His experience in other towns is that presents are usually turned over to the Town to be shared. On motion from Dod and second from Bruce the above was unanimously approved.
At 7:25 on motion from Bruce and second from Ellen this hearing was unanimously closed.
11. Budget Transfers
Dan motioned and Ellen seconded to authorize the bookkeeper to make the following budget transfers, amendments, and any necessary bookkeeping entries.
GENERAL FUND
Est. Revenues 00 510 - $ 6,600.00
NYS CourtGrant 00 3089
Appropriations 00 960
Equipment 00 01 1110 200 + $ 3,000.00
Supplies 00 01 1110 410 + $ 3,600.00
The Court received a grant for over $8,000.00. The grant is being used to redo the court
Office as well as towards the security system.
ASSESSORS
Postage 00 01 1355 448 - $1,500.00
Equipment 00 01 1355 200 - $ 200.00
Contingency 00 01 1990 400 - $1,000.00
Supplies 00 01 1355 410 + $ 200.00
Dues/Miles/School 00 01 1355 447 + $1,500.00
Appraiser Services 00 01 1355 451 + $1,000.00
To cover expense of training new assessor that had not been budgeted.
To cover expense of appraising Star Building that had not been anticipated.
TOWN CLERK
Supervisor's P.S. 00 01 1220 100 - $3,900.00
P.S. 00 01 1410 100 + $3,900.00
To cover the web site work that was charged here instead of supervisor's line.
Legal Notices 00 01 1410 449 - $ 400.00
Supplies 00 01 1410 410 + $ 200.00
Postage 00 01 1410 448 + $ 200.00
ATTORNEY
Codification 00 01 1410 460 - $7,000.00
Contingency 00 01 1990 400 - $4,000.00
Town Engineer 00 01 1440 400 - $1,000.00
Attorney to Town 00 01 1420 452 + $12,000.00
TOWN HALL-BUILDINGS
Accounting Services 00 01 1320 400 - $ 800.00
Central Supplies 00 01 1650 410 - $ 800.00
Supplies 00 01 1620 410 + $ 400.00
Heating Oil 00 01 1620 411 + $ 100.00
Repairs 00 01 1620 440 + $ 700.00
Contracts 00 01 1620 454 + $ 400.00
CENTRAL MAINTENANCE
Election Mileage 00 01 1450 447 - $ 100.00
Pre-Posted Envelopes 00 01 1650 448 - $ 750.00
Equipment 00 01 1630 200 + $ 400.00
Equipment Repairs 00 01 1630 427 + $ 350.00
Electric 00 01 1630 431 + $ 100.00
To cover purchase of nut & bolt storage cabinet, additional equipment repairs, & electric.
CONTROL OF DOGS
Kennel Repairs 00 02 3510 440 - $ 300.00
Mileage 00 02 3510 447 + $ 300.00
HIGHWAY
Computer Consultant 00 04 5010 451 - $ 300.00
Electricity 00 04 5132 431 - $ 500.00
Repairs 00 04 5132 440 - $ 700.00
Street Signs 00 02 3310 400 + $ 300.00
Fuel Oil 00 04 5132 411 + $1,200.00
To cover best guess last oil delivery.
TOWN LANDING
Repairs 00 06 5720 440 - $ 300.00
P.S. 00 06 5720 100 + $ 300.00
PLAYGROUNDS
P.S. Lifeguards 00 06 7180 101 - $3,000.00
P.S. Maint 00 06 7140 103 - $ 800.00
P.S. Maint Seasonal 00 06 7140 104 - $2,456.00
Electric 00 06 7140 431 + $6,256.00
Best guess for last electric bills
POOL
P.S. Lifeguards 00 06 7180 101 - $1,900.00
Equipment 00 06 7180 200 + $ 200.00
Supplies 00 06 7180 410 + $ 200.00
Chemicals 00 06 7180 433 + $1,500.00
YOUTH PROGRAMS
Fun Events 00 06 7310 436 - $ 886.99
P.S. Gymnastics 00 06 7310 101 + $ 878.16
Soccer Supplies 00 06 7310 446 + $ 8.83
CEMETERY
Landfill P.S. 00 07 8160 100 - $1,000.00
Road Maintenance 00 07 8810 428 - $2,000.00
P.S. Part-Time Seasonal 00 07 8810 101 + $1,223.22
Fuel Oil 00 07 8810 411 + $ 300.00
Diesel 00 07 8810 412 + $ 100.00
Equip/Fac Repairs 00 07 8810 427 + $ 776.78
Gas 00 07 8810 450 + $ 550.00
Corner Markers 00 07 8810 491 + $ 50.00
BENEFITS
Medical 00 08 9060 800 - $ 500.00
Disability 00 08 9055 800 + $ 500.00
PART-TOWN FUND
ZONING
P.S. ZEO 01 07 8010 101 - $600.00
P.S. Clerk 01 07 8010 100 + $600.00
Attorney 01 07 8010 452 - $300.00
Postage 01 07 8010 448 + $300.00
PLANNING
Cable Taxes 01 01 1370 400 - $2,300.00
Village Police 01 02 3120 420 - $6,000.00
Police Court 01 02 3120 421 - $1,000.00
Safety Insp P.S. 01 02 3620 101 - $3,000.00
Mileage 01 02 3620 447 - $ 500.00
Attorney 01 02 3620 452 - $1,000.00
Engineer 01 02 3620 454 - $ 500.00
Computer 01 02 3620 491 - $ 500.00
Street Lighting 01 04 5182 400 - $ 800.00
Zoning P.S. 01 07 8010 101 - $ 600.00
Equipment 01 07 8010 200 - $ 500.00
Printing 01 07 8010 402 - $ 750.00
Attorney 01 07 8010 452 - $3,000.00
Transcription 01 07 8010 459 - $ 750.00
Software Maint 01 07 8010 492 - $1,500.00
Equipment 01 07 8020 200 - $ 500.00
Planners East 01 07 8020 408 - $2,000.00
Mileage 01 07 8020 447 - $ 500.00
Attorney to Review 01 07 8020 495 + $25,700.00
Appropriate Fund Balance 01 599 + $100,000.00
Appropriations 01 960 + $100,000.00
Comp Plan expenses 01 07 8020 490
Transfer to General Fund Unemployment Reserve $1,000.00
TRANSFER STATION
Supplies 01 07 8160 410 - $ 10.00
Telephone 01 07 8160 430 + $ 10.00
Mileage 01 07 8160 447 - $ 400.00
Recycling Tip Fees 01 07 8160 443 + $ 400.00
PANDA
Street Lighting 01 04 5182 400 - $ 51.00
Buske Group 01 07 8989 402 + $ 51.00
HIGHWAY PART-TOWN FUND
Estimated Revenues 03 510 $68,000.00
Village Sand/Salt 03 2770 $18,000
Village Fuel 03 2771 $40,000
Rhinecliff Fuel 03 2772 $3,500
HillsideFuel 03 2773 $3,500
School Fuel 03 2774 $3,000
Appropriations 03 960 $68,000.00
Village Sand/Salt 03 04 5148 400 $18,000
Village Fuel 03 04 5148 401 $40,000
Rhinecliff Fuel 03 04 5148 402 $3,500
HillsideFuel 03 04 5148 403 $3,500
School Fuel 03 04 5148 404 $3,000
Medical 03 08 9060 800 - $ 600.00
General Diesel 03 04 5110 412 + $ 100.00
Cell Phone 03 08 9089 802 + $ 500.00
Transfer $1,000 from 03 10 9901 900 to General Fund Unemployment Insurance
VANDENBURGH COVE SEWER
Attorney 22 07 8110 452 - $12,000.00
Billing 22 07 8110 454 - $ 200.00
Legal 22 07 8110 457 - $ 142.32
P.S. Clerk 22 07 8110 100 + $ 332.00
Engineer 22 07 8110 453 + $12,010.32
Attorney 22 07 8110 452 - $ 79.00
Contractual 22 07 8120 400 - $ 186.00
Operator 22 07 8120 420 + $ 265.00
Equipment 22 07 8130 200 - $ 1,500.00
Supplies 22 07 8130 413 - $ 1,500.00
Sludge 22 07 8130 425 - $ 3,852.50
O & M 22 07 8130 430 + $ 102.50
Repairs 22 07 8130 440 + $ 6,500.00
Electricity 22 07 8130 460 + $ 250.00
GENERAL FUND
HIGHWAY SUPERINTENDENT
Equipment 00 04 5010 200 - $ 130.00
Personal Services 00 04 5010 101 + $ 130.00
HIGHWAY GARAGE
Propane 00 04 5132 412 - $ 315.00
Fuel Oil 00 04 5132 411 + $ 315.00
HIGHWAY PART-TOWN FUND
Stone 03 04 5110 420 - $ 100.00
Blacktop 03 04 5110 421 - $1,000.00
Landscaping 03 04 5110 422 - $3,200.00
Culvert, Rails, Basins 03 04 5110 426 - $1,300.00
Gas 03 04 5110 450 - $3,500.00
Attorney 03 04 5110 452 - $1,600.00
Engineer 03 04 5110 453 - $ 500.00
Machinery P.S. 03 04 5130 100 - $1,500.00
Snow P.S. 03 04 5142 100 - $59,000.00
General Repairs P.S. 03 04 5110 100 + $42,000.00
Brush & Weeds P.S. 03 04 5140 100 + $1,500.00
Diesel 03 04 5142 412 + $12,000.00
Sand 03 04 5142 415 + $1,700.00
Salt 03 04 5142 416 + $14,500.00
It is noted that Councilman Washburn would like more time to review future budget transfers. All were in favor of original motion to approve.
DISCUSSION
Supervisor Traudt reminded the audience that this is not a public hearing for the Comp Plan. There will be at least one or more hearings. On January 6th we will have an open discussion with our consultants and we want to be responsive to your concerns.
There were about 76 residents present who are concerned about the Holy Cross site on Morton Road. Following are comments:
To: The Rhinebeck Town Board
From: The Rhinecliff Hamlet Advisory Council
Date: December 24, 2008
Re: Recent Actions
Tom Holsapple read the following statement:
After a hamlet meeting called by the advisory council on December 22, 2008, at which over twenty residents of the hamlet expressed their displeasure with the town board's recent actions, it was decided that the council should communicate that displeasure, and explain its sources, in a letter to the town board.
The action that provoked the most heated response was the town board's decision to insert into the Comprehensive Plan a provision allowing for the construction of up to 200 units of senior housing at the Holy Cross site. Neither the members of the council nor the residents at the meeting could understand why such a major change in zoning, one that is out of keeping with the zoning in the surrounding area and that would increase the existing traffic problems in Rhinecliff, would be decided on at the last minute without the benefit of input from the community. The council strongly supports the position, articulated in a petition that is currently being circulated by some of the hamlet's residents, that supplementary DGEIS hearings should be held on this matter. After so many years of painstaking efforts to solicit input from the community on the details of the Comprehensive Plan, it makes no sense for the town board to approve such a radical proposal at the last minute without any feedback from residents.
The members of the council and the residents at the meeting were also upset by the town board's retention of the so-called Hamlet Extension-49 units of housing on the northeast edge of the hamlet-in the Comprehensive Plan. Given the town board's general support of the conservation subdivision principles in Alternative F, we do not understand why this exception is being made. Why is the board turning its back on the principle that the location of housing should be determined after unsuitable land has already been taken off the board? (As we have repeatedly pointed out, the land in question consists primarily of steep slopes and wetlands and is the site of Indian artifacts dating back 10,000 years.) And why is the board turning its back on several years of powerfully expressed resistance to this idea from a wide swath of the residents of the hamlet? As the board will see if it reviews the materials that the council has presented to it during the two and a half years of its existence, the council conducted a survey in January 2007 in which nearly two hundred residents strongly opposed the building of a so-called Traditional Neighborhood Development on that location. The council's opposition to the Hamlet Extension is not the opinion of a minority. It is an expression of the voice of the community.
It is, moreover, not a rejection of future development. It is a call to the town board to locate future development as fairly as possible. The density-on-density logic of "smart growth" is only smart in locations where it is possible to hook into existing infrastructure and where the presence of stores and businesses encourages new residents to get out of their cars and walk. As we have repeatedly pointed out, we have no sewage system, our roads are narrow and mostly without sidewalks, and our clay-on-shale soil leads to frequent flooding, a problem that will only worsen if new housing on the edge of the hamlet takes away permeable soil and pumps more water into the ground. In addition, there is very little to walk to in the center of the hamlet, and as anyone who did walk there from the area of the proposed development would quickly discover, the steepness of the slopes makes for an arduous return trip. A development on the northeastern border of the hamlet would only add more cars to our already overburdened roads, several of which can barely allow for two-way traffic.
In the absence of any explanation of your actions, we can only conclude that you have simply decided to disregard the concerns of the people of Rhinecliff. We would appreciate a response that addresses the concerns that we have expressed and outlines the reasons for your actions.
Respectfully submitted,
The Rhinecliff Hamlet Advisory Council
John F. Lyons read the following statement:
Dear Supervisor Traudt and Members of the Board:
We are residents of Rhinecliff and also members of the Morton Road Association (MRA).
We write to let you know that were shocked and bitterly disappointed by the Board's recent decision to permit 200 units of housing on the former Holy Cross property on Morton Road.
This decision will profoundly, and adversely, impacts the area surrounding this property and the nearby hamlet of Rhinecliff.
From a planning perspective, this decision is an exceedingly poor one. The area in which this property is located is isn't Anywhere, USA. The area is recognized as being of both scenic and historic importance. That importance of the area has been officially recognized at the national level by its inclusion in the Hudson River Heritage Historic District (U.S. National Historic Landmark District). At the State level, this area is part of the State Coastal Zone Program and has been designated a New York State Estates District Scenic Area of Statewide Significance.
Morton Road is also a State-designated "Scenic Road" having been designated as such by the New York State Department of Environmental Conservation in 1985. At the local level, the importance of this area is discussed at length in the Town of Rhinebeck Local Waterfront Revitalization Plan (LWRP).
Two hundred units of housing on the former Holy Cross site is an affront to the present
character of this area. Such a plan portends the ruin of both the character and quality of life in the surrounding area and hamlet. Moreover, two hundred units of housing will have a devastating adverse impact on traffic conditions and safety both on Morton Road and in the Rhinecliff hamlet. The two hundred unit density also completely contradicts the goals of the revised comprehensive plan as originally proposed by the Town Comprehensive Plan Revision Committee to preserve the scenic and historic character of the lands which surround this site.
Moreover, these decisions also go against the policies of Rhinebeck's own LWRP (see Policies 18, 23, 23A, 24B, and 24C).
The MRA has advocated in previous communications to you and in a meeting with Supervisor Traudt and Board Member Staley, that the resolution of this matter is to simply allow the former Holy Cross site to retain its present 5-acre residential zoning designation without any other uses of the site permitted (e.g., senior housing). This makes sense from a planning perspective because, while the property would still be far more dense than the surrounding area, the 5-acre density would be a density that would be appropriate for the character of the area, consistent with the LWRP and would present impacts to the surrounding area which would have a higher likelihood of being able to be adequately mitigated during the environmental review process.
This also makes sense from a fairness perspective as it would allow the property owner to develop the property with the same zoning designation that was in place at the time it
purchased the property.
Besides the adverse environmental impacts and poor planning rationale, this decision is also deeply upsetting because it appears that the Board has chosen to succumb to the threats of a combative, out-of-town developer with poor credibility and no stake in the future well-being and quality of life of this community over the interests of those who live in and love this community.
We are citizens, residents and voters. While we may behave more civilly than a bullying
developer, make no mistake, we can assure you that the citizens of Rhinecliff and Rhinebeck who live in the vicinity of this property will fight as long and hard as we have to in order to protect the sanctity of our community and preserve its wonderful character.
We urge you in the strongest possible terms to reverse your decision.
Very truly yours,
John F. Lyons and Joanne M. Gray
Mike DeCola submitted a petition signed by 82 residents requesting a supplemental EIS since the recent addition of 200+ units of allowable density on the Holy Cross campus is a substantial change to the original DGEIS. This document should allow for more public comments on these substantial changes. Michael said no where in this process has this density been discussed in a public forum. There is other alternative, plan F which was carefully written and presented to the Board.
Councilman Crane tried to explain to the audience that the so called vote at the December 15th meeting was actually a recommendation to our planners and attorneys on 20 different points. No final decisions were made. They will come back with their findings, no vote was binding. Michael said the Town Board's job is to be mediators not negotiators. We are all reacting to what we have seen. Dod feels the inference is that the Town Board is meeting behind closed doors and we are not. Tom Traudt apprectiates Michael's position, this is a difficult piece of property.
Andrew Sheppard stated in 2005 (2 Town Board's ago) a petition with 470 signatures was submitted endorsing the R20 acre zoning. Is that concept dead? Tom encouraged everyone to attend the January 6th workshop, this is an ongoing process.
Another petition signed by 477 citizens was submitted. It read; we, the undersigned support the proposed low-density zoning for the former Holy Cross property consisting of approximately 110 acres. White Acres has proposed a mixed use development for the property, consisting of 450 residential units and 60,000 square feet of retail/commercial. If this high density were allowed to be built, it would permanently damage the Hudson River National Landmark District and stress the fragile infrastructure of the historic hamlet of Rhinecliff. The proposal would also generate up an estimated 6,100 vehicle trips a day, stressing our already insufficient and dangerous roads. We encourage the Rhinebeck Comprehensive Plan Committee to reject any proposal that is not consistent with the planned zoning for this property.
Michael Ostrow again stated that the 200+ unit proposal was never publicly discussed. We feel like the Town Board has collapsed through pressure. The perception in this room tonight is the Board voted on a 200 unit plan. Please supply the minutes of the December 15th meeting to correct this perception. We will work with the Town Board but don't mistake our kindness for a weakness. Please don't succumb to bully tactics. Dod said it was a consensus vote to evaluate a possibility. Nothing is carved in stone.
Counsel Pam Richardson stated there is not a verbatim recording being taken tonight. The Town Board's intention was a direction for the consultants to pursue. Bruce stated this was a polling not a vote. Dod feels the Board is trying to work through some difficult issues. The December 15th session was our first attempt at having an open discussion session. My understanding was we were having a public discussion on 20 points. Let's focus on issues not procedure. We were only giving direction, it was not a vote. Ellen Silverstein the Board has had nothing to do with Mr. Frydman. We are looking at the property for different possibilities.
Kathy Hammer suggested having PANDA re-run the December 15th meeting and the Board thought that was a great idea. The public can then watch the meeting if they so choose.
Gina Fox feels we did not elect the consultants, we elected a Town Board and we are relaying on you to make the proper decisions. Supervisor Traudt said the Board needs their legal guidance.
Jamie Kibel stated it is not the Town's job to pay for this man's proposal while his assets are crumbling on the Holy Cross property. This developer will not loose his shirt. Looking an Alternative F is a viable option.
Good evening. My name is Jeffrey Anzevino. I am the Assistant Director of Land Use Advocacy for Scenic Hudson, Inc.
Scenic Hudson has on several occasions in the past come before the Town Board to support the Draft Comprehensive Plan and, in light of differing perspectives voiced by Town residents, more recently urged you to find common ground that builds upon the fundamental structure of the proposed plan while addressing as much as possible the interests of those who still have concerns.
We understand that recently you directed the Town's planning consultants to relocate the proposed Astor Flats traditional neighborhood development (TND) to a site along historic Old Post Road. Also the Town now proposes to locate approximately 200 units of senior housing at the former Holy Cross site on Morton Road - where the existing zoning would permit only up to 20 units.
Based on what you've told us tonight, the Town Board does not support these changes to the plan, but, rather, you have asked your planners to analyze the impacts of these changes. I think we see one of the impacts-a room full of concerned residents.
Scenic Hudson hopes that you will reconsider both.
Each is diametrically opposed to the very premise of the Draft Comprehensive Plan, which proposes that new growth in the town be directed to appropriate places adjacent to already developed areas where access to transit is available and people could walk to stores and services. Neither of these sites- at Holy Cross or along Old Post Road - are adjacent to already settled areas nor are they supported by good transit options. Development at both of these sites would rely heavily upon the old 20th Century paradigm of auto-dependency and would result in carbon-generating suburban sprawl and loss of natural resources and historic character. Rhinebeck needs to look ahead-not back-to a new, greener future. 2
The sorely needed update of the Town's 20-year old Comprehensive Plan that Scenic Hudson had previously strongly supported is intended to reinforce Rhinebeck as a rural community and avoid a future where Rhinebeck would incrementally be transformed into a typical suburban community.
Now, however, it appears that the Town is considering a new approach that would direct much of Rhinebeck's future development to problematic places on narrow, windy secondary roads and, in the case of the Holy Cross property, very near to the Wilderstein historic site and on a State-designated Scenic Byway right in the heart of the National Historic Landmark District.
Scenic Hudson also has a particular interest in this site because we hold a scenic road easement on several properties across the road from the Holy Cross site. The Holy Cross site contains structures which have been allowed to deteriorate and will be more costly to redevelop than a pristine site. However, these are the property owner's responsibility and the community should not be expected to subsidize the redevelopment at the expense of its valid goal of preserving the integrity of the National Historic Landmark District over which it is the primary steward. Both sites are remote; both are poorly accessible to major road networks and neither would support a Smart Growth future for the town.
Finally, we have consistently spoken in favor of some reasonable, small scale development that would create a logical extension to the Rhinecliff hamlet. However, we also recognize that there is local opposition to the current proposal. Therefore, we urge the Town Board to engage directly with Rhinecliff residents to create a plan for a Rhinecliff extension that achieves that Comprehensive Plan's greater goals for Smart Growth while also responding to neighborhood concerns.
Conclusion
Scenic Hudson believes that large scale development at the Holy Cross site-or anywhere along Morton Road or River Road-threatens the context of the National Historic Landmark District.
Also, the proposal to modestly expand Rhinecliff in scale with existing lots and homes must be designed with the input of Rhinecliff residents in a manner that respects the hamlet's unique historic character, minimizes traffic and occurs within environmental constraints.
And, we urge you to reconsider the proposed TND along Old Post Road.
Scenic Hudson is prepared to constructively participate in this process to help achieve that final plan
ADJOURNMENT
At 8:50 this meeting was unanimously adjourned on motion from Dan and second from Dod.
Respectfully submitted,
Barbara Cunningham
Town Clerk