Town Board Meeting Minutes 7-28-2008
Posted on: 8/26/2008
Date of Minutes:
07/28/2008
JULY 28, 2008 TOWN OF RHINEBECK TOWN BOARD MINUTES
PRESENT: Supervisor Tom Traudt Highway Sup't Kathy Kinsella
Councilman Dod Crane 17 residents
Councilwoman Ellen Silverstein 1 reporter
Councilman Bruce Washburn
Counsel Roderick MacLeod
ABSENT: Councilman Dan Staley
CALL TO ORDER
At 6:45 Supervisor Traudt opened this meeting. Brownies from Troop 78 lead the audience in the Pledge of Allegiance.
PLEDGE OF ALLIGIENCE
Girl Scout Troop 78 members Madison Chase and Sara Wood lead the Pledge of Allegiance.
ANNOUNCEMENTS
August 3rd - Child ID and finger printing program and K-9 demonstration to be held at Recreation Park on from 12 noon to 4 pm.
August 6th - Child Safety Seat installation checks at Recreation Park from 9-3.
August 14th - Comprehensive Plan Scoping Session at Rhinebeck High School auditorium at 6:30 pm
Waterfront Committee is looking for volunteers for Waterfront Day celebration on August 16th. Contact Cathy Washburn at 876-2244 or go to town website.
Finance & Control Committee and Rhinecliff Advisory Committee's are seeking new members. Contact Town Clerks office for application.
PRESENTATION
Thompson-Mazzarella Park update by Bob Ellsworth
The Master Plan for the Thompson/Mazzarella Park had almost a two year delay and significant increase in costs based on important archeological findings and necessary approvals required by the NYS Parks & Recreation & Historic Preservation Office. The following is a conceptual two phase proposed plan submitted to the Town Board for support and approval from the Park Committee, dated July 2008.
In addition, there are two major recommendations that the committee urges the Town Board to consider. First, that the Town Board establishes a new committee to identify needed swimming pool improvement and second. That another committee be established to plan and determine needs for an intergenerational Youth & Senior Center, - (the Park master plan identifies two potential sites for the Center.) These are two important components of the Park that were not within the committee's scope of responsibility, but certainly deserve immediate attention.
PHASE 1 (2008-2010)
Public meetings, approvals and fundraising
OPENING OF PARK - Public access improvements
All the improvements include earthwork, pavement, sidewalks, lighting, landscaping and storm drainage:
- new entry road and connection to Starr Library(includes removal of existing entry driveway)
- new 6 " diameter water service (transmission line extends to rear of park site) new fire hydrants will be included
- park entry sign and directional and safety signage
- relocation of play structures and fence due to new access road
- new drop off area for pool
- parking lots B and C including access roads between each parking area
PASSIVE & ACTIVE RECREATIONAL ACTIVITIES
- development of community gardens
- open grass space for picnicking, lawn games, a horseshoe pit, kite flying, bird watching and a variety of individual and family activities
- restroom and concession facility
- year round multi-use shelter (1,000 square foot designed for future expansion
shelter to be used during inclement weather
educational and program space for young and old
storage and repair area during winter months
used as needed and defined by the Recreation Committee
- soccer field with irrigation, topsoil, fencing and bleachers
- relocate basketball court, includes earthworks, pavement, markings, post and backboard, fencing and lighting
- lawn bowling, includes under drains and irrigation
- "protected area" used for environmental and archeological programs
- Year round trails (development participation by volunteer community organizations)
PHASE 2 (2010-2012)
- 2 little league fields with irrigation, topsail, fencing, dugouts and bleachers
- Relocate volleyball court
- Open play and practice field
- Dog park with fencing, water services and benches
- New picnic shelters
- Maintenance building/storage shed
- Finish infrastructure improvements and complete all components of park master plan
The proposed budget for improvement and development
EXPENSES
Infrastructure -signage, lights, storm water, drainage,
landscaping, underground, etc $676,750
10% reduction-roads, parking areas, infrastructure
To be completed in phase 2 ($152,000)
Sub-total $524,750
Lawn bowling, trails, and community gardens 145,000
Restrooms and concession 125,000
Multi-use shelter designed for future addition 150,000
Soccer and basketball 600,000
Contingency (10%) 150,000
Engineering 150,000
TOTAL $1,844,750
Income - over 3 years
Local government $900,000
Capital campaign 900,000
Trail grant 10,000
TOTAL $1,810,000
Bob stated the SEQR process needs to begin. The EAF has been started by the L A Group. He would also encourage the Town Board to act on the new committees. Our committee was not given the mission to upgrade the pool or Community Center placement.
BUSINESS BEFORE THE BOARD
- Ellen motioned and Dod seconded to hire Matthew Halstead as substitute laborer for the transfer station at $7.35 per hour. Ellen explained this position is in budget and he will help monitor the stickers on cars. All were in favor.
- Ellen moved and Dod seconded to accept with regrets Steve Rosenberg's resignation from Comp Plan effective July 15, 2008. Dod thanked Steve for his tremendous job on the Open Space/Affordable Housing issue. The Town owes him a debt of gratitude. Sally Mazzarella added that Steve was a unique individual with his Scenic Hudson background. The Open Space/Affordable Housing was brought to us by his efforts. Motion carried unanimously.
- Rhinecliff Hotel maintenance agreement. Roderick read the following:
TOWN BOARD OF THE TOWN OF RHINEBECK
RESOLUTION IN SUPPORT OF ISSUANCE OF PERMANENT CERTIFICATE OF OCCUPANCY FOR RHINECLIFF HOTEL
WHEREAS, Rhinecliff Properties ("Applicant") made an application to, and on August 1, 2005, was granted site plan approval by, the Town of Rhinebeck Planning Board (the "Planning Board") for a "country hotel" consisting of lodging, restaurant and catering facilities, on premises located at Grinnell Street and Shatzell Avenue (TMP 16-6069-06-35592) in the Town of Rhinebeck; and
WHEREAS, Applicant additionally made applications for various use and area variances to the Town of Rhinebeck Zoning Board of Appeals which applications were granted on July 6, 2005 and April 2, 2008 ; and
WHEREAS, on December 3, 2007, April 21, 2008 and May 12, 2008 the Planning Board issued Resolutions for Amended Site Plan Approval to authorize various modifications which evolved during the construction period and to address specific changes to the site plan; and
WHEREAS, during construction, Applicant situated certain improvements, both public and private, within the Town Right of Way, including sidewalks, curbs, pavement striping on both Grinnell Street and Shatzell Avenue, catch basins, the restaurant grease trap, and two dry sewer pipes intended to connect private residences to the Hotel's pump station at some time in the future (collectively, the "Improvements"); and
WHEREAS, due to the private or semi-private nature of many of the Improvements, it is the responsibility of the Applicant, its successors and assigns to ensure the ongoing maintenance and continued operation of such Improvements; and
WHEREAS, provision must be made for the ongoing maintenance and continued operation of such Improvements;
WHEREAS, the Applicant has expressed both a desire and an economic urgency to obtain its permanent certificate of occupancy; and
WHEREAS, the Planning Board Chairman cannot sign the site plan, nor can the Building Inspector issue the permanent certificate of occupancy unless and until all conditions of the approvals have been satisfied, including provision for the ongoing maintenance and continued operation of the Improvements; and
WHEREAS, the Applicant and the Town Board are working diligently to finalize the details surrounding the ongoing maintenance and operation of the Improvements; and
WHEREAS, the formal and permanent provision for the ongoing maintenance and operation of the Improvements has not yet been completed; and
WHEREAS, the Town Board recognizes the urgency surrounding issuance of the permanent certificate of occupancy for the Hotel and does not wish to delay issuance unnecessarily; and
WHEREAS, the Applicant has agreed to provide certain assurances to the Town Board regarding the ongoing maintenance and operation of the Improvements in order to encourage the Town Board's support of the issuance of the permanent certificate of occupancy; and
NOW THEREFORE, BE IT RESOLVED THAT, the Town Board of the Town of Rhinebeck hereby agrees to support the issuance of the permanent certificate of occupancy for the Rhinecliff Hotel, as approved by the Planning Board and Zoning Board of Appeals, subject to the following conditions:
- Satisfaction of all conditions contained in the Resolutions of Approval for the project granted by the Planning Board and Zoning Board, respectively as evidenced by a sign off letter from the Engineer to the Town certifying satisfaction; and
- Execution of the Final Amended Site Plan by the Planning Board Chairman upon satisfaction of all conditions of approval; and
- Sign off by the Building Inspector of all of the conditions of the temporary certificate of occupancy have been satisfied; and
- Written agreement, in recordable form, binding upon the Applicant, its successors and assigns, and as acceptable to the Attorney to the Town:
(a) To diligently pursue and complete all outstanding items; and
(b) Not to connect the dry sewer pipes located under Grinnell Street and Shatzell Avenue unless and until all requirements of Town and State law are complied with, including, but not limited to, site plan amendment, formation of transportation corporation, approval of Dutchess County Water and Wastewater Authority, Department of Health approval, New York State Department of Environmental Conservation approval, etc., if required; and
(c) To dedicate any of the improvements to the Town, if the Town determines that such dedication is appropriate; and
(d) To hold harmless and indemnify the Town for any work done by the Applicant, its successors or assigns within the Town right of way; and
(e) That if any of the conditions required in this Resolution are not complied with or, if for any reason, after reasonable diligence by the Town to grant the Applicant the necessary easements, the Town is not permitted to do so under the law, the permanent certificate of occupancy maybe subject to revocation; and
- Continued diligent efforts by the Applicant, its successors and assigns to negotiate and execute a maintenance agreement, in form approved by the Attorney to the Town, for all of the improvements to be maintained by the Applicant, including without limitation, sidewalks, curbs, pavement striping on Grinnell Street and Shatzell Avenue, the grease trap, catch basins, storm piping, and dry sewer pipes, all installed as part of the project, and any other hotel provided utility or structure situated in the Town Right of Way; and
- Receipt by the Applicant of any necessary variances from the Zoning Board of Appeals relating to the setback requirements governing the retaining wall located on the Property if any are required; and
- The Applicant shall cooperate with the Town Board in the easement and permissive referendum process required pursuant to Town Law ยง64; and
- The Applicant must provide the Town with a bond or cash escrow for a period of time and in an amount sufficient to operate and maintain the improvements in the event same fail prior to resolution of all outstanding issues, which amount has been determined by the Engineer to the Town to be $53,476.20; and
- Satisfaction of all other conditions and statutory requirements, including, without limitation submission of the final "as built" as required by the May 12, 2008 resolution and signing of the final site plan by the Planning Board chairman.
Motioned by Bruce Washburn
Seconded by Dod Crane
John Marvin, counsel for James Chapman (owner of hotel) suggested the underlined changes in the wording which the Board agreed with. Mr. Marvin stated that he and Pam Richardson have been working hard on this agreement. This project has been a very long process, where site plan approval was granted and the owners were expecting to open the hotel. Then a laundry list of items needed to be resolved, none of which had to do with health or safety issues.
Supervisor Traudt aye
Councilmember Washburn aye
Councilmember Staley absent
Councilmember Silverstein aye
Councilmember Crane aye
- Approval of July 14th and July 21st meeting minutes tabled to August 10th meeting since Dod wants them emailed the Friday before meetings.
- Ellen motioned and Dod seconded to set August 7th at 4:30 as Comp Plan pre scoping workshop with Michael Zarin, Warren Replansky, Sally Mazzarella, Ted Fink and Graham Trelstad. Carried unanimously.
- Dod motioned and Ellen seconded to authorize Supervisor Traudt to sign Village of Rhinebeck request to allow Village Planning Board to serve as lead agency for the Rhinebeck Village Place development at 46 W. Market Street site plan. Dod questioned why we need to approve this and Roderick Mac Leod said this borders on the Town/Village lines. Sally Mazzarella would like the Town Board to be listed as an interested agency. The Town Clerk will add that wording the to approval. All were in favor of amendment.
- Ellen moved and Dod seconded to set Informational Workshop session August 1st at 4:00 with Mr. Randall Arendt, conservation planner at Town Hall. Motion carried unanimously.
- On motion from Dod and second from Ellen abstract 7B for $113,379.18 - vouchers 761-821, checks 3666, 3745-3796 was unanimously approved.
- Whereas the recreation committee has determined that the vacated position of recreation director should be filled; and
Whereas the recreation committee has selected Alice Cunningham to fill the position for the remainder of 2008
Therefore, be it resolved that Alice Cunningham is appointed as the Town of Rhinebeck Recreation Director; and
Be it further resolved that the prorated, total salary for the part time recreation director for the remainder of 2008 is $5,800.
Be it further resolved that the appointed shall commence on August 1, 2008
Dod motioned and Ellen seconded to approve above resolution. Bruce explained that there were 17 applicants and 7 interviews were held. Motion carried unanimously
10. Ellen moved with Bruce seconding to approve Jeff Decker repairing filter
bed at Vanderburgh Cover Sewer District for $3,400.00 per Anthony
Gasparini's recommendation. All were in favor.
11. Dod motioned and Ellen seconded to appoint Tom Holsapple to
Rhinecliff Advisory Committee through 7/31/2010. Motion carried
unanimously.
12. On motion from Ellen and second from Dod Cap Project #38 Parks/Rec
ABS 5 voucher 7, checks 3797-3800 for $15,568.10 and Cap Proj #78
Cemetery ABS3, vouchers 6-7, checks 3801-02 for $4,720.00 were
unanimously approved.
DISCUSSION
Update from Town Counsel on outstanding lawsuits:
As per your request please find a report with respect to the pending litigation against the Town of Rhinebeck that we have received from prior Town Counsel or have been submitted since that time.
Starr Building Realty, LLC vs. Town of Rhinebeck, this is a tax certiorari proceeding pending for years 2006, 2007, and 2008. This is on the court calendar, but there is no trial date or appraisal exchange date as of yet.
Stop & Shop vs. Town of Rhinebeck, this is a tax certiorari proceeding pending for years 2003, 2004, 2005, 2006, 2007, and 2008. This is on the court calendar, but there is no trial date or appraisal exchange date as of yet.
Vanderburgh Cove Homeowners Association vs. Town of Rhinebeck, per my previous correspondence to the Board, (attached) the time for which the petitioners have to perfect their appeal is September 18, 2008.
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Consolidated Iron and Metal Co. Superfund Site. This is a superfund cleanup action involving the Town of Rhinebeck and a number of other potentially responsible parties. Prior to our involvement the Town conceptually agreed to settle this case for a contribution of $49,907.23 to the EPA. I am in receipt of proposed settlement documents from the EPA and am in the process of reviewing those. We will need to make arrangements to pay the settlement amount by September 30, 2008.
CSI Developers vs. Town of Rhinebeck. This is an Article 78 proceeding that has just recently been commenced. We have not yet put in a response and are discussing possible solutions with the Planning Board Chairman as it pertains to this issue. This involves the application of the moratorium on commercial building in excess of 8,000 sq. ft. The Planning Board has declined to take any further action with respect to this pending application and the petitioner has challenged the Board's position on this as to the applicability of the moratorium regarding this project.
David and Ruth Queen vs. Town of Rhinebeck. Queen commenced a proceeding to seek a Declaratory Judgment that they have a legal right-of-way easement over property adjacent to the Town's Transfer Station and the closed landfill. The Queen property, which they acquired in 1979 is a five (5) acre parcel, which otherwise would be landlocked.
GELLERT & KLEIN, P.C.
BY:
Liaisons Committee updates
Ellen reported that the transfer station office will be painted and the State Insurance has inspected the station and a couple of things need to be corrected. Roger Newkirk has reported that 5 dogs have been picked up and 2 black dogs are living at large in the area but have been impossible to catch. The Village police department says accidents are up, 2 burglaries but nothing was taken. They have been patrolling the dock and train station in Rhinecliff and along River and Mt. Rutsen Roads and ticketing heavily.
DOD said the grievances for the year were way down. There is one opening on the B.A.R. The Affordable Housing/Open Committee is about to disband since their mission is complete. DOD will ask the committee to formulate a resolution to dissolve the committee but start a new committee. There are several options out there and we will pursue. The Rhinecliff Advisory Committee has been devoting it self to the Comprehensive Plan. Pells Road work is about to begin.
Bruce stated the playground benches and recreation parking lot have been painted. The Dutchess County Youth grant is being completed. The Web Committee is looking for money for an e-mail tool which will give us better control. The Technology Committee is conducting an inventory between the Town and Village. The Finance and Controls Committee is revamping the procurement policy and recommendations will be coming soon. The maintenance department is backfilling the dock area for safety reasons.
Tom announced that the new Aging Committee booklet, Growing Older in Rhinebeck, is available and is being distributed by the committee. Collaboration between the schools, fairgrounds and town village is definitely making progress. Hopefully there will be an aging expo with Red Hook senior at the fairgrounds in September. The school district has agreed to open their facilities on rain dates for our recreation program. Last month a cooling station was set up at the village firehouse when the weather became unbearable.
ADJOURNMENT
At 8:40 on motioned from Ellen and second from Dod this meeting was unanimously adjourned.
Respectfully submitted,
Barbara Cunningham
Town Clerk