Rhinebeck Town Newsfeed

September 8. 2008 Agenda

DRAFT

6:45 Call to Order

Pledge of Allegiance

ANNOUNCEMENTS

September 24th - Senior Expo at the Fairground fro, 10-2 hosted by Rhinebeck's Aging Committee and Red Hook Senior Committee

September 27th - Winter Gymnastics and Basketball sign-up at Town Hall from 9-12 noon.

C.A.C., Rhinecliff Advisory Council and Open Space/Affordable Housing Committee are seeking new members. Applications available in Town Clerk's Office.

PUBLIC HEARING

7:00 C.S.I. Developers, LLC Variance from Land Use Moratorium Local Laws

DISCUSSION

1. C.S.I. feedback

BUSINESS BEFORE THE BOARD

1. Authorize Supervisor Traudt to sign maintenance agreement with Rhinecliff Hotel.

2. Approve Town usage for Senior Dance on October 18th from 1-4 pm with Cathy Washburn in charge.

3. Approve Town Hall usage on Tuesday afternoons from 1-4 for a weekly Games Day directed by Joanne Gelb.

4. Accept Final Scoping Document

5. Authorize naming of Library Park Lane per Village of Rhinebeck approval (3-2 vote).

6. Approve August 14th and August 28th meeting minutes.

7. Approve abstract 9 for payment

ADJOURNMENT

• Town Board

    The Hudson Valley Wine & Food Fest is a celebration of wine, food and music set in the beautiful Hudson Valley of New York.

Wine & Food Fest
Saturday September 6- 11am-6pm
Sunday September 7- 11am-5pm

Fest Happens Rain or Shine!
All vendors are inside or under cover
One Day Advance Tickets will be honored both Sat. & Sun.

Bad weather won’t stop wine and food fest

The event is held indoors, but special tents are being brought in Saturday morning to connect many of the buildings at the fairgrounds.

Over 50 wineries from around New York state and dozens of regional food
choices will be available. The festival includes live seminars, demos and tastings.

Dutchess County Fairgrounds - Rhinebeck, New York

RHINEBECK - Gourmet magazine’s chief wine consultant took a healthy sip of a New York State pinot noir - and scowled.

Read On: www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=/20080907/NEWS01/809070337/1006

Photos of the Fest - www.poughkeepsiejournal.com/apps/pbcs.dll/gallery?Avis=BK&Dato=20080906&Kategori=NEWS01&Lopenr=809060802&Ref=PH&Profile=1006

Saland, Chairman of the state Senate Education Committee, reported $537,148 in funding will go to hardware, software and other technology-

Nine Dutchess County school districts will receive technology grants from the state, Sen. Steve Saland, R-Poughkeepsie, announced Thursday.

Saland, Chairman of the state Senate Education Committee, reported $537,148 in funding will go to hardware, software and other technology-related expenses.

Local districts received the following amounts:

Arlington: $102,167; Beacon: $49,595; Hyde Park: $58,642; Millbrook: $34,151; Poughkeepsie: $59,938; Red Hook: $42,171; Rhinebeck: $34,188; Spackenkill: $38,291; Wappingers: $118,005.

RED HOOK — Northern Dutchess Christian School, which was scheduled to open today, will not open this school year — if ever. School officials made the decision on Saturday.

Read On: www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=/20080904/NEWS01/80904047

RHINEBECK - Councilman Dod Crane recently introduced an Open Space-Affordable Housing (OSAH) plan draft for further consideration at upcoming board meetings.

Read On: www.midhudsoncentral.com/site/news.cfm?newsid=20103523&BRD=1702&PAG=461&dept_id=69079&rfi=6

RHINEBECK - The Rhinebeck Central School District is in search of a new principal for Chancellor Livingston Elementary School.

Former Principal Ed Sullivan has decided to leave the district to begin teaching at the collegiate level.

After five years at Chancellor Livingston, Sullivan has accepted a position as assistant professor at SUNY New Paltz’s Department of Educational Administration.

Superintendent Joe Phelan said the school board is looking for Sullivan’s permanent replacement to be “one step away from walking on water, with the right skill set to do a very challenging job very well.

“Besides possessing the proper certification in elementary administration and experience, the right person for the principal position will have knowledge about the curriculum, excellent organization and people skills, a love of children and education, and be a good match with Rhinebeck parents, staff, and students,” according to Phelan.

JoAnn Conlon, a retired principal of the Scott M. Ellis Elementary School in Greeneville, Greene County, will take the helm at Chancellor Livingston on an interim basis while a search committee continues the interviewing process.

Phelan said Conlon, chosen from a pool of four candidates, is “a very competent interim principal who is willing and able to hold the fort while we do a proper and successful search.”

Conlon is scheduled to work at a per diem rate of $460, from Aug. 20 through June 30, or until a new principal is appointed by the board of education, according to the district.

Conlon has also worked as a teacher of grades one through six, a remedial math teacher, resource room teacher and gifted and talented coordinator.

The school board has not yet set a specific pay range for the permanent position, but Phelan estimated the incoming principal would earn $90,000 to $100,000 annually.

“It depends on the person we feel is competent to do the job,” said Phelan.

RHINEBECK - The Rhinebeck Choral Club is calling out to Hudson Valley residents to join with them for auditions and rehearsals this fall, the start of its 64th season.

Read On: www.midhudsoncentral.com/site/news.cfm?newsid=20103519&BRD=1702&PAG=461&dept_id=69079&rfi=6

RHINEBECK - The town must pay nearly $50,000 by Sept. 30 to the Environmental Protection Agency for its share of the cleanup of a Superfund site in Newburgh, officials announced at a recent town board meeting.

Read On: www.midhudsoncentral.com/site/news.cfm?newsid=20103517&BRD=1702&PAG=461&dept_id=69079&rfi=6

Senior Expo at DC Fairgrounds

A Senior EXPO will be held on Wednesday, September 24th, from 9:30AM-2PM at the Dutchess County Fairgrounds, Building A, with parking immediately adjacent to the building. The EXPO has been organized jointly by the Senior Committees of the towns of Red Hook and Rhinebeck. A year ago, the town of Rhinebeck held a Senior Forum to find out what the Senior population in Rhinebeck felt was needed and wanted to support them. Following that Forum, talks began with the town of Red Hook's Senior Committee, who had been sponsoring a Senior Forum in Red Hook for many years, to determine if a collaborative effort would benefit the two towns and would result in a much larger annual meeting in support of Seniors. This is how the plan for the Senior EXPO was born.

When you enter the building, there will be a reception table where early arrivals can meet the Town of Red Hook Supervisor Sue Crane, the Town of Rhinebeck Supervisor Tom Traudt, and members of the Senior Committees of the two towns. You will have the opportunity to sign up for some activities sponsored by these committees and pick up a copy of the monthly newsletter "Growing Older in Rhinebeck" which has a calendar of events and timely articles, and the yearly Brochure, which contains descriptions of the organizations and activities available to Seniors in our area and opportunities for Seniors to volunteer their services locally.

9:30AM Town Supervisors Sue Crane (Red Hook) and Tom Traudt (Rhinebeck)

will open the EXPO

9:30AM-on Northern Dutchess Hospital will have a booth in which Seniors can get

tested, on site, for some age-related potential problems.

10AM Presentation on Reverse Mortgages - Ulster Savings Bank

10AM Panel on Home Care - DC Office for the Aging

11AM Presentation on Financial Products for Seniors - Ulster Savings Bank

11AM An open forum requesting input from attendees on ‘Needs for Seniors in

this Area'

1PM Presentation by the Alzheimer's Association

1PM Presentation about Arbor Ridge, a community designed and dedicated to Seniors

There will also be information tables for organizations that will not be able to attend, but want to provide literature about their products and services for Seniors.

In order to make this a pleasant and educational experience for attendees, a conversation area will be provided in the front of the building where Seniors can sit and discuss what they have learned during the day and enjoy some light refreshments.

• Town Committee on Aging

• Town Committee on Aging

BUCHANAN — Federal regulators are delaying a decision on renewing New York’s Indian Point nuclear power plant to allow for more time to evaluate safety and environmental issues.

Indian Point in Buchanan wants to operate until 2035. If an extension is not granted, the plant will be required to shut down in 2015.

The Nuclear Regulatory Commission says the decision will be announced in the summer of 2010, about four months later than originally planned.

Last week, the plant’s long-delayed emergency siren system was put into service for New York residents within 10 miles of the facility. The new 172-siren system took over from an aging 156-siren system.

HUDSON VALLEY WINE & FOOD FEST
 September 6th- September 7th
Dutchess County Fairgrounds

Taste wines from all over NY and the world. Sample food from the Hudson Valley’s best restaurants and caterers. Enjoy Cooking Demonstrations, Wine Tasting Seminars, Fine Art, Crafts, Live Music and more! Fest hours are 11am-6pm on Saturday the 6th and 11am-5pm on Sunday the 7th. For tickets and information visit the website.
http://www.hudsonvalleywinefest.com

Rhinebeck village police said two boys, ages 16 and 15, allegedly purchased more than $9,000 worth of merchandise over the Internet using a neighbor’s credit cards.

www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=2008809010310

                    Town of Rhinebeck Highway Department

119 Rhinecliff Road, Rhinebeck, NY 12572

Phone: 845-876-6263  Fax: 845-876-8335

Kathy Kinsella, Superintendent                                                                        Bob Wyant, Foreman

• Title:                            Motor Equipment Operator
• Office location:         Rhinebeck Town Garage,

119 Rhinnecliff Road, Rhinebeck, NY

• Hours:                                    40 hours per week 
• Pay rate:                    $14.64 hour plus medical and vacation benefits
• Start Date:                 Immediate

Requirements

§         Candidates must possess a valid New York State Commercial Driver's License

§         Knowledge of truck operation and other equipment (plow, sander, backhoe, loader, chipper, chain-saw, etc.) in a safe and appropriate manner

§         Prior experience in driving, plowing or construction is preferred

§         Ability to understand and follow directions

§         Must be able to work as part of a team

§         Applicants are subject to substance testing policies

General Responsibilities

Employee will be expected to perform routine road maintenance duties in a safe and efficient manner.   This includes but is not limited to:  snow removal, materials transport, operation of chain-saws, manual labor (including loading trucks, digging ditches, cleaning and repairing catch basins, clearing brush, trimming trees, erecting signs, clearing roadway obstructions), maintaining equipment, buildings and grounds maintenance, and other tasks as assigned by the employee's supervisor(s.) Candidates should be of a physical condition commensurate with the demands of the position.

For an application, please contact:

Town of Rhinebeck Highway Department

119 Rhinecliff Road

Rhinebeck, NY  12572

845-876-6263

The Town of Rhinebeck Highway Department is an equal employment opportunity employer.

Please Post this notice                                                                                                              08/26/08

• Town Highway Department

The Rhinebeck school board appointed Conlon this month as the school’s interim principal. She is scheduled to stay on until June 30 at a per day rate of $460.

Read On: www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=2008808280312

THE SCREENINGS of the first three features at this year’s Woodstock Film Festival will be on the same evening at venues in Woodstock, Rhinebeck and Rosendale, festival organizers announced on Thursday

Read On: www.zwire.com/site/news.cfm?newsid=20096768&BRD=1769&PAG=461&dept_id=74969&rfi=6

RHINEBECK - The Board of Education has adopted a $21.46 million property tax levy for 2008-09 that’s $1.05 million, or 5.17 percent, larger than the 2007-08 levy.

The levy is part of $26.29 million budget that was approved by Rhinebeck district voters, 656-393, in May. The spending plan is $1.47 million, or 5.93 percent, larger than the district’s 2007-08 budget.

Rates per $1,000 of assessed property value under the new levy are as follows.

* Rhinebeck: $11.47, up 26 cents, or 2.28 percent.

* Clinton: $19.04, down less than 1 cent, or 0.01 percent.

* Hyde Park: $25.49, up 57 cents, or 2.28 percent.

* Milan: $11.47, up 26 cents, or 2.28 percent.

* Red Hook: $11.47, up 26 cents, or 2.28 percent.

* Stanford: $24.41, up 55 cents, or 2.28 percent.

Tax bills are to be sent out today and can be paid, without penalty, between Sept. 4 and Oct. 3. Bills paid between Oct. 4 and Nov. 3 will carry a 2 percent surcharge.

Also in business for three years now, this duo consists of Grace Levine, 8, and Julia Fesser, 9, who returns to Rhinebeck from Madrid, Spain each year to visit family and friends and make some spending money with her friend.

Julia’s older brother Nicolas Fesser, 13, also returns to Rhinebeck each year and joins in fair fun while parking cars with buddy, Will Fox, 13, his friend since second grade.

Nick and Will enjoy the work, even in the heat, because they get to see their friends coming and going from the fair.

Read On: www.midhudsoncentral.com/site/news.cfm?newsid=20093821&BRD=1702&PAG=461&dept_id=69079&rfi=6

August 11, 2008 Town of Rhinebeck Town Board Minutes

PRESENT: Supervisor Tom Traudt 10 citizens

Councilman Dod Crane

Councilwoman Ellen Silverstein

Councilman Dan Staley

Councilman Bruce Washburn

Counsel Roderick MacLeod

Call to Order

The Supervisor opened the meeting at 6:45 and introduced Emma Cleggs from Troop 78 to lead the audience in the Pledge of Allegiance.

Executive Session:

At 6:47, on motion from Dod and second from Bruce the Board immediately went into Executive Session to discuss the CSI litigation with Town Counsels Roderick MacLeod and Scott Volkman and Planning Board Chair Michael Trimble. All were in favor. At 7:52 the Board went back into the regular session on motion from Dod and seconded by Bruce. Motion carried unanimously.

Announcements

August 14th at 6:30 pm - Comprehensive Plan Scoping Session at Rhinebeck High School Auditorium

August 16th is Rhinecliff Waterfront Days from 11-4

Need volunteers for Waterfront Days, contact Cathy Washburn 876-2244.

Anyone interested in serving on Affordable Housing/Open Space Committee contact Town Clerk for application.

Community Block Grants available in Town Clerk's office. Applications are due back to County by October 3, 2008.

September 7 - Quitman House progressive dinner; contact Brenda Klaproth at 876-2463 for tickets.

Rhinecliff Hotel was given their Certificate of Occupancy this week.

Homeowner applications available in Town Clerk's office for Rebuilding Together in Dutchess County (formerly Christmas in April)

Business before the Board

1. CSI Article 78 Proceeding

Scott Volkman, Gellert & Klein counsel, explained the Article 78 proceeding. CSI is challenging the August 4th, 2008 Planning Board decision not to accept their application. They are also challenging the moratorium; the building footprint is 10,000 square feet. We have a settlement proposal for the Town Board and Planning Board. He then read the following resolution and further explained that under our Local Law this variance from the moratorium is legal. This application will be grandfathered in if the new zoning is put in place. This resolution also authorizes the settlement. It also sets the stage for another resolution and a public hearing on September 8th at 7:00 pm.

Dod motioned to table this resolution and vote later so the Comprehensive Plan legal counsel can review and make the appropriate recommendations, then the Town Board can move forward. No second. Scott Volkman explained part of the resolution accepts the variance application which will then be sent to the various parties; e.g. Comprehensive Plan Committee. This is a conditional settlement. There will be changes for later review. Dod feels it needs to be validated by those who wrote the Comp Plan. Dan pointed out this new building would be allowed in the new zoning if it meets the criteria of the law. Dod still fells it would be prudent for it to be reviewed. Scott reminded the Board it is not appropriate to bring Executive Session advice into the public meeting.

RE: AUTHORIZING SETTLEMENT OF CSI DEVELOPERS, LLC VS. THE PLANNING BOARD OF THE TOWN OF RHINEBECK, TOWN ATTORNEY FOR THE TOWN OF RHINEBECK AND THE TOWN OF RHINEBECK AND CSI DEVELOPERS, LLC VS. TOWN OF RHINEBECK AND THE TOWN BOARD OF THE TOWN OF RHINEBECK

WHEREAS, CSI Developers, LLC, has an application pending before the Town of Rhinebeck Planning Board to develop the first floor of a two story building for a 7,995 sq. ft. commercial building; and

WHEREAS, the Planning Board determined that the second floor was in fact usable and therefore the building exceeded 8,000 sq. ft and was therefore, subject to the Town of Rhinebeck Moratorium being Local Law No. 6 of 2007; and

WHEREAS, the petitioner, CSI Developer, LLC, filed an Article 78 proceeding on or about June 18, 2008, challenging the determination of the Planning Board; and

WHEREAS, on or about August 4, 2008, CSI Developers, LLC, filed an action seeking to declare the Moratorium, Local Law No. 6 of 2007, as amended as invalid and unconstitutional; and

WHEREAS, the Town Board has considered a "So Ordered Stipulation" which would conditionally settle the existing litigation and discontinue both of the above referenced proceedings on the terms set forth in the Stipulation annexed hereto; now therefore, be it

RESOLVED, that the Attorney to the Town and the Town Supervisor being hereby are authorized to enter into such a Stipulation as to substantially the same form as annexed hereto; and, be it further

RESOLVED, that this Resolution is further contingent upon the Planning Board authorizing settlement upon the same terms and conditions.

Motioned by Board Member Dod Crane

Seconded by Board Member Bruce Washburn

Dated: August 11, 2008

Roll Call Vote:

Councilman Crane nay

Councilwoman Silverstein aye

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

Motion carried 4-1.

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF DUTCHESS

---------------------------------------------------------------------

In the Matter of the Application of

CSI DEVELOPERS, LLC,

Petitioner,

For a Judgment Pursuant to

Article 78 of the Civil Practice Law SO ORDERED

& Rules, STIPULATION

- against -

Index No. 4377-08

THE PLANNING BOARD OF THE

TOWN OF RHINEBECK, TOWN

ATTORNEY FOR THE TOWN OF

RHINEBECK and THE TOWN OF

RHINEBECK,

Respondents.

---------------------------------------------------------------------X

2. CSI moratorium variance application. Scott Volkman stated this is a variance from Local Law 6 of 2007. The resolution only accepts the application. The various committees can report back to the Town Board. The Town Clerk will send a packet to the Dutchess County Planning, Comp Plan Committee, CAC, Planning Board, Town engineer, and planner. The decision must be made by October 14, 2008.

TOWN OF RHINEBECK

TOWN BOARD RESOLUTION

RE: ACCEPTING THE APPLICATION OF CSI DEVELOPERS, LLC FOR A VARIANCE FROM LOCAL LAW 6 OF 2007, AS AMENDED

WHEREAS, CSI Developers, LLC, has submitted an application to the Town Board of the Town of Rhinebeck, seeking a variance from Local Law No. 6 of 2007, as amended, to pursue a site plan application to the Planning Board, which would otherwise be subject to the Moratorium based upon the size of the commercial building which is in excess of 8,000 sq. ft of gross floor area; and

WHEREAS, CSI Developers, LLC, has submitted a complete application through their attorney Cuddy & Feder, LLP, in accordance with Section 6 of said Local law; now, therefore be it

RESOLVED, that the Town Clerk be and is hereby is directed to forward a copy of the proposed application to the following agencies for their advice and recommendations thereon;

1. Dutchess County Department of Planning

2. Town of Rhinebeck Planning Board;

3. Town of Rhinebeck Comprehensive Plan Committee

4. The Attorney to the Town;

5. The Town's Engineers; and

6. The Town Planner; and

7. Town of Rhinebeck C.A.C.; and, be it further

RESOLVED, the application also be referred to Dutchess County Department of Planning for purposes of General Municipal Law Section 239(l) & (m); and, be it further

RESOLVED, that the Town Board hereby schedules a Public Hearing on the application for variance for September 8, 2008 at 7:00 p.m.; and, be it further

RESOLVED, that this Resolution is contingent upon the Planning Board authorizing settlement of the action entitled CSI Developers, LLC vs. The Planning Board of the Town of Rhinebeck, et al., Dutchess County Index No.: 4377-08.

Motioned by Board Member

Seconded by Board Member

Dated: August 11, 2008

Roll Call Vote:

Councilman Crane nay

Councilwoman Silverstein aye

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

Motion carried 4-1

3. Dod motioned and Ellen seconded to approve July 14th, July 21st and July 28th meeting minutes as submitted. All were in favor.

4. Ellen moved with Dod seconding to raise mileage allowance to 58 ½ cents per IRS guidelines, effective August 1, 2008. Passed unanimously.

5. Grasmere Phase III update. Dan told the Board the Cemetery Committee has approved Phase III. Steve Mensch and Meg Crawford have been working with the committee. Roderick needs to review. Dan motioned and Dod seconded to start the SEQR process on Phase III. Rod explained the Town Board should be lead agency and he will draft a resolution for the August 21st meeting.

6. Comprehensive Plan public hearings for October 4, Saturday at 10 am and October 7th, Tuesday at 7 pm. were unanimously set on motion from Dod and second from Ellen.

7. Gardens Letter of Credit. Scott explained that this resolution basically rescinds the August 7th action. The escrow check for $37,461.81 has been received and Rod will give to the Town Clerk tonight.

WHEREAS, the Town Board of the Town of Rhinebeck previously accepted an Irrevocable Letter of Credit from China Trust Commercial Bank No. IDP100033 in the amount of $678,822.49 on behalf of Grand Pacific Finance Corp. ("Grand Pacific") to guarantee completion of public improvements for the Gardens at Rhinebeck project as previously approved by the Town Board and the Town of Rhinebeck Planning Board; and

WHEREAS, the Letter of Credit was set to expire upon its terms at the

close of business on August 12, 2008; and

WHEREAS, on August 7, 2008, the Town Board declared the Grand Pacific in default and authorized the Town Supervisor and Attorney to the Town to draw upon the full amount of the Letter of Credit; and

WHEREAS, Grand Pacific has obtained an amendment to the existing Letter of Credit from China Trust Commercial Bank dated August 7, 2008 extending the Letter of Credit for an additional for six(6) months until February 12, 2009; and

WHEREAS, it is in the best interests of the of Town, at this time to accept the amendment to the Letter of Credit extending its expiration date for an additional six (6) months; now, therefore be it

RESOLVED, that the Town Board of the Town of Rhinebeck hereby rescinds its Resolution adopted on August 7, 2008 declaring Grand Pacific in default and authorizing a draw on the full

class=Section2>

amount of the Letter of Credit ; and be it further

RESOLVED, that the Town Board of the Town of Rhinebeck hereby accepts the amendment to the Irrevocable Standby Letter of Credit No.: IDP100033 from China Trust Commercial Bank to expire on February 12, 2009.

Motion by Dod Crane Seconded by Ellen Silverstein

Councilman Crane aye

Councilwoman Silverstein aye

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

Motion carried 5-0.

8. Dod motioned and Ellen seconded to approve Capitol Proj 27 Docks

Morris Associates $27.75

Williams Lumber 22.72

$50.47

Cap Proj 38 - Parks/Rec/Pool Morris Associates $843.38

Gellert/Klein 70.00

Williams Lumber 245.16

Dive Cincinnati 64.56

Fowler/Keith 64.00

Rhinebeck Rental 121.00

Williams Lumber 18.53

TOTAL $1,426.63

Cap Project 43 - Stone Church Fields Dave Long Electric $2,100.00

Cap Project 62 - Rhineson Property LA Group $1,305.99

All were in favor.

9. Dan moved and Ellen seconded to approve Abstract # 8 vouchers 822-912, checks 3803-3866,3866,3538,3666,3770 and 3781 for $130,292.22. All were in favor.

10. Bruce explained that Jack Conklin and Herman Tietjen have been working on this project.

Whereas the Town has received a $14,000 grant from Steve Saland's

office; and

Whereas the dock is in need of 6 bulkhead fenders, chains, cables and

metal eye hooks to fasten the bulkhead; and

Whereas an estimate from Gilman Corporation has been received for

$10, .000.00;

Now, therefore be it resolved that the bookkeeper is authorized to

purchase 6 ship and dock fenders, chains and metal eye hooks for

$10,000.00

Dan motioned and Dod seconded to approve above resolution. Dod asked if these are in all year and Dan said they are taken out for the winter. All were in favor.

Discussion

Update on bike rack at dock - Dan has asked the Rotary to help us out but they did not have a quorum at their last meeting so no decision was reached. Cynthia Baer would like the $775 bike rack that matches the existing benches. With summer almost coming to an end does the Board want me to continue to pursue with the Rotary or should we just buy it. Consensus was to get any financial help that is available.

Creating position of alternate planning and/or zoning board member - Dan explained that the Planning Board Chairman has a member who is pregnant and she will not be available for several months. They have had some trouble getting a quorum at times. Dan asked Roderick to research this matter to make sure this is legal. Ed Feldweg said LaGrange has alternates for their planning and zoning boards and it works fine. The alternate is charged with attending every meeting and if needed steps up as a voting member.

Terry Gibson who resides at 84 E. Market Street is concerned about the police security in the Town and Village. There was an incident in front of Town Hall and early Sunday morning when a car crashed into the barrel planter at Town Hall and over several lawns. He asked anyone with information please contact the Rhinebeck Police Department. The absence of local police sends a message to the public that we are not protected. Bruce told Mr. Gibson that the police and trooper already have a suspect. Tom pointed out there are ways to handle this, full time is not the only option. It does need to be addressed though. Bruce thinks a new service level agreement is needed.

Adjournment

At 8:57 on motion from Dan and second from Ellen this meeting was unanimously adjourned.

Respectfully submitted,

• Town Board

TOWN OF RHINEBECK SPECIAL MEETING MINUTES

DATE: August 7, 2008

PRESENT: Supervisor Tom Traudt Warren Replansky

Councilman Dod Crane Graham Trelstad

Councilwoman Ellen Silverstein Michael Zarin

Councilman Dan Staley Sally Mazzarella

Councilman Bruce Washburn Ted Fink

Counsel Pam Richardson 7 residents

The Supervisor opened this meeting at 4:30 pm in the Village Hall. Tom explained this meeting is to review the protocol for the August 14th scoping session for the Comprehensive Plan at the High School.

Warren Replansky would like to discuss how the dais will be set up and who will chair the meeting for next Thursday's scoping session. Michael Zarin said typically there is a welcoming by the Supervisor and then a presentation of the overview of the proposal and the draft scoping document. Then someone on staff acts as moderator for the meeting. The scoping is to obtain people's comments; it is not meant to be a 2 way dialogue. The Town Board is only receiving information. The Board then reviews the written and spoken comments and makes the necessary revisions. This is not a public hearing for the Comprehensive Plan. It is a fairly uniform procedure. Usually a 3-5 minutes time limit is set at the beginning of the meeting with a 10 day period following the August 14th meeting for written comments. This session is for the Town Board to receive the public comments on the scoping document only.

Tom is concerned about residents being on vacation this time of year. Warren stated if we have another meeting, the timeline will not be met. Usually there are not that many comments at the scoping session. The other issue is the chair of the meeting. He/she must be responsible for keeping the comments on track. It might be a better idea to have one of the consultants chair the meeting. A sheet will be available for speakers to sign in. Each speaker should also print their name on an index card. Ted said the public comment period is from July 16-August 25, 2008. Written comments are given the same weight as spoken comments.

Dod suggested Tom open the meeting with either Michael or Warren chairing the meeting. Tom does not see the necessity of taking the chair from the Board. Tom will chair the meeting and give a welcoming statement and explain the purpose of the scoping session. The chair will call names in order of sign in. Each resident needs to identify themselves and will be given 3-5 minutes to speak. Once everyone has spoken then the speakers can come back up if they wish. Speakers need to address the content of the Scoping document for the DGEIS. Ted will present a brief overview of the Zoning Law and Fresh Water Wetlands law and changes to the Comp Plan. Graham will focus on the scoping document. Warren will do a condensed version of public notice (SEQR) and chronology of how we got to this point. He will address the remaining steps to complete the adoption and SEQR process and purpose of scoping process. Sally is pleased there will be many voices in the presentation; it sets a better tempo and keeps the audience alert. Michael's experience in the scoping session is it really doesn't matter what you present the public will give whatever comments they want. Don't worry about censoring people. When the Town Board is lead agency there is more flexibility in the process. Sally agrees, it is important to not stop people from speaking. While addressing the Town Board, the public needs to understand that all comments might not be in final scoping document. Warren feels the consultants should not respond to any comments. We do not want to get into dialogue with the public. Tom will open the public comment period when the presentations are complete and give the ground rules.

Graham and Ted must have the DGEIS ready for review by the October 4th public hearing. They can start writing the final scope and then add comments. By mid September the final scope and DGEIS hopefully will be complete. County Planning has agreed to a rolling application and Warren is keeping them updated.

Graham handed out an SEQR schedule as follows:

August 14th Scoping Session

August 25th close of comment period

September 8th Town Board adopts final scope

September 26th DGEIS submitted for Town Board review

October 4th first public hearing on Comp Plan/Zoning

October 7th public hearing with Town Board declaring DGEIS

complete and schedules public hearing.

October 28th DGEIS public hearing

November 14th close of DGEIS comment period

November 17th Town Board meeting

December 12th FGEIS submitted for Town Board review

December 16th Town Board declares FGEIS complete

December 30th Town Board adopts findings, end of SEQR process

Dod questioned if this schedule is doable. Warren stated it is a very ambitious schedule; SEQR must be done thoroughly. Graham and Ted feel the goal is attainable. Some members of the Board seem to be worried about the legal defense of the Comp Plan. Graham reassured the Board that we have prepared several plans which have won in the courts. We know what we are doing and it will be as comprehensive as possible. This is usually a 3 month process but the Comp Plan Committee has already done a lot of our work for us. The affordable housing issue still needs to be resolved.

Sally said there are alot of unknowns. Until the process starts, we really don't know complications. The Comp Plan Committee is doing a lot of work so the consultants can move forward. We must be responsive to the community. Michael said the FEIS must respond to all comments. If the Town Board is looking at the Yorktown law suit and worried about defending Rhinebeck's Comp Plan, they are two separate issues. In Yorktown the FEIS was negligent. We will give you a document that is legally defensible. We need to get to the SEQR process for the public's valuable input. Michael feels any legal concerns should be addressed in Executive Session.

Warren is concerned if alternate plans are being considered. Changes are not a simple process. Each change requires re-documentation. Graham said the focus now is the Comp Plan/Zoning then the EIS will be addressed.

Ellen wants to make sure the Board has time to digest all the comments. Dan feels we owe it to the community to move forward. The Board is eager and ready to start this process. Dod asked when the public can see the DGEIS and Graham feels around mid October. Sally wants to make sure the Planning Board is on board. She has offered our services and will reach out to them again and impose a date that they must give us a written response.

This will be the first major project for our LWRP. We need to make sure the CAC is prepared. Dan asked how the CAC can pass judgment on this document. Warren said they will only make recommendations. Michael stated the consultants will give the Town Board a 1 page memo on the LWRP process. Since Rhinebeck has an LWRP law in place; the CAC is the local authority and not the state. You are in charge of your own destiny which is great. The procedural referral is necessary from the CAC per LWRP guidelines. The County and Planning Board must also give written recommendations. Tom said any comments can be emailed or mailed to Town Hall.

At 6:50 the Board went into executive session on motion from Dod and second from Ellen to discuss the Gardens Line of Credit. All were in favor.

At 7:40 the Board returned to regular session on motion from Dod and second from Ellen. Passed unanimously.

Pam Richardson read the following resolution pertaining to the Gardens Line of Credit

WHEREAS, the Town Board of the Town of Rhinebeck previously accepted a Letter of Credit from China Trust Commercial Bank No. IDP100033 in the amount of $678,922.49, to guarantee completion of public improvements for the Gardens at Rhinebeck project as previously approved by the Town and the Town of Rhinebeck Planning Board; and

WHEREAS, the Letter of Credit is set to expire on August 12, 2008; and

WHEREAS, the Developer is in default and has failed to completed the performance of the work required for the completion of the work on the road to be dedicated to the Town of Rhinebeck and/or the completion of all improvements in a subdivision known as the "Gardens at Rhinebeck" in accordance with plans, specifications and other documents filed with the Planning Board, conditions of Subdivision, site plan and/or special approval, and/or any security agreement entered into between the Project Developer and the Town of Rhinebeck; and

WHEREAS, the Developer has requested an extension of expiration date of the Letter of Credit; and

WHEREAS, the Attorney to the Town and the Engineer to the Town have confirmed in writing that the Developer is in default and has failed to complete the required improvements;

NOW THEREFORE BE IT RESOLVED, that the Town Board hereby declares the Developer in default for failure to complete performance of the work required for the completion of the work on the road to be dedicated to the Town of Rhinebeck and/or the completion of all improvements in a subdivision known as the "Gardens at Rhinebeck" in accordance with plans, specifications and other documents filed with the Planning Board, conditions of Subdivision, site plan and/or special approval, and/or any security agreement entered into between the Project Developer and the Town of Rhinebeck.; and, be it further

RESOLVED, that the Town Supervisor and the Attorney to the Town are authorized and directed to take whatever steps are necessary to draw upon the existing Irrevocable Letter of Credit No. IDP100033 issued by China Trust Commercial Bank in the full amount of $678,922.49.

MOTIONED BY Dod Crane

SECONDED BY Ellen Silverstein

Dated: August 7, 2008

Roll Call Vote:

Councilman Crane aye

Councilwoman Silverstein aye

Councilman Staley aye

Councilman Washburn aye

Supervisor Traudt aye

At 7:45 on motion from Bruce and second from Ellen this meeting was unanimously adjourned.

Respectfully submitted

Barbara Cunningham,

Town Clerk

• Town Board