Tuesday September 7, 2004
7:30pm
Town of Red Hook Board Meeting

A Special Meeting of the Red Hook Town Board was held Tuesday September 7, 2004 with the following in attendance:

Supervisor - Marirose Blum Bump
Councilman - James Ross
Councilwoman - Sue Crane
Councilwoman - Jean Bordewich
Town Clerk - Margaret E. Doty
Town Attorney - Albert R. Trezza

Absent: Councilman Harold Ramsey and Highway Superintendent Wayne Hildenbrand

Supervisor Blum Bump opened the meeting at 7:30 p.m. with the Pledge Allegiance to the Flag.

Supervisor Blum Bump read a copy of the legal notice on the Public Hearing for the Town of Red Hook on the proposed Town Ordinance Governing Commercial vehicles on Town roads. She than read a copy of the Ordinance.

Councilwoman Bordewich suggested Section 5 shall not prohibit resident use in Forest Park Subdivision.

Supervisor Blum Bump than opened the meeting for public comments.

Resident Kenneth Fowler questioned where the signs would be placed prohibiting the turn around.

Supervisor Blum Bump said they would be on Town property.

Attorney Trezza said the signs would also be placed at the town lines by the Highway Superintendent, as we are trying to stop the constant in and out of Kalina Drive.

Richard Hansen 25 James Court asked if we were going to adopt the entire section of 1660?

Town Attorney Trezza replied no we were only going to adopt subdivision (a) 17 and 28 of the Vehicle and Traffic Law of New York State.

Mr. Hansen was concerned if they adopted section 11, and you were trying to make a local delivery the police officer could revoke your permit on site, as you would have to get a permit to access that road.

Attorney Trezza said this section of the law has nothing to do with section 17 and 28. Section 11 is only a temporary weight restriction.

Councilwoman Bordewich questioned Mr. Hansen if he had a different opinion of how we may approach this problem?

He said he looked the situation over today when he was in this subdivision at 2:00 p.m. There were 34 cars in driveways; 2 didn't have license plates were parked heading out, 2 did have plates and were headed out. Thirty of them were facing their homes. More children get backed over with cars backing out than get run over by tractor trailers turning around on public roads. The need for this is exaggerated and much of the complaints are self inflicted. If he made a bad decision buying a house, a house within 500 ft of a busy intersection we as tax payers shouldn't be expected to pay the price for it, and I don't think this ordinance should be passed.

Resident Catherine Marshall 38 Appletree Drive, Forest Park said she understood a petition had been filed, but neither she nor any members of her family had signed a petition. How enforceable will this law be? We certainly are not going to have state police or sheriff cars there all the time, how enforceable will it be?

Supervisor Blum Bump said it will be enforced by the patrols the town authorizes to patrol town roads.

Mrs. Marshall said we don't need the patrols as it is a nice quiet neighborhood. It seems to me we are putting something in place that will only be enforced when a patrol happens by.

I remember when a house was being put there on that corner everyone was questioning it. A reasonable person would know that building there a few hundred feet you would anticipate you would have noise, dust and that there would be vehicles in the area.

Supervisor Blum Bump questioned if it was a legal building lot.

Paul Telesca resident said Kalina Drive and Edgewood Drive is one of the busiest intersections in the whole county. It is a residential community and a residential district and after talking with Dutchess County Sheriff's and the State Troopers they said backing into an intersection or down an accessory side street is a violation in its self. I knew something was wrong, I was told not to build a house there; it was going to continue to go on because no one wants to do anything to right and inherit wrong. I find that totally upside down. According to the State Police backing is the most difficult maneuver a truck has to make, the larger the load the more difficult for it to stop. I have children who take a school bus and they have to go around.

When we went around with the petition we only went to Kalina and Edgewood as they were the people who were involved.

I was fully aware I was living off of Route 9G but with Kalina and Edgewood in a residential area, I did not expect commercial traffic to be turning around all day long, no one is trying to stop people from getting deliveries or stop people from getting deliveries or stop anyone from conducting commerce, all we're saying is have a little consideration for children playing on a corner lot. All I am trying to do is protect my family and peace of mind where I've chosen to live as it is a beautiful community.

Supervisor Blum Bump asked Mr. Telesca if he thought this Ordinance satisfied your request, your needs.

Mr. Telesca said, I think this goes very far addressing the unsafe situation and the undue burden of commercial vehicles and I think it does a whole lot to address that.

Jonathan Rhea 2 Edgewood Drive, my involvement in this issue was never specifically to eliminate commercial traffic, but to limit u-turn practices. In the beginning we had trouble with commercial traffic, but when the bridge authority who came in on an hourly bases with all types of vehicles when contacted it stopped. The problem is not so much commercial traffic, but the u-turns. The intersection where the 18 wheelers do this u-turn is a dozen feet from the swing set my son plays on, a three and a half year old can dart out in the road in seconds and there is no way a driver of an 18 wheeler would be able to see him. My main concern is the u-turn and I want to see no u-turns at this intersection.

Ken Fowler 14 Kalina Drive asked if someone disregards the signs and does make a u-turn, how will it be enforced.

Attorney Trezza said the person seeing it can file a formal complaint and a cop would issue the ticket. This is the purpose of the Ordinance, allowing a ticket to be issued.

A letter was read from Nancy Telesca 12 Broadview Lane, Red Hook a Milan resident who expressed concern for the safety of her children who reside part time with their father Paul Telesca. She asked that the Board pass a resolution adopting the Ordinance.

Councilwoman Crane felt we have looked at this for 6 months and Al has done a good job of researching this before compiling the Ordinance so I am to vote yes on this.

Supervisor Blum Bump said she was also in favor of this as it doesn't harm anyone in the subdivision.

Councilwoman Bordewich said she agrees and is in favor. Don't want to harm any of our local drivers or businesses and safety is important.

Councilman Ross, he also agrees if it will help the residents in the Forest Park Subdivision.

RESOLUTION 2004 #26

RE- Adoption of Town Ordinance Governing Commercial Vehicles on Town Roads.

Resolution was offered by Councilwoman Sue Crane, seconded by Councilman James Ross and carried.

Copy Attached

Supervisor Blum Bump- Yes
Councilman Ross- Yes
Councilwoman Crane- Yes
Councilwoman Bordewich- Yes

Councilwoman Bordewich took this opportunity to thank the residents for coming to the hearing and voicing their opinions as it helps the board in making their decisions.

Supervisor Blum Bump said the second public hearing tonight is for the Town of Red Hook applying for a Community Development Block Grant for project entailing the Surveying, Engineering and placing on Official Town Map and County Map and in the Town of Red Hook Master Plan of a proposed commercial town street and proposed residential collector street linking Route 9 and Route 199 as set forth on the attached visual plan.

Copy Attached

Supervisor Blum Bump read a copy of the legal notice as published in the Poughkeepsie Journal.

Supervisor Blum Bump said the plan for the road for the Town of Red Hook was prepared by John C. Clarke, Development and Design Coordinator for Dutchess County Department of Planning and Development.

Councilman Ross questioned just where would the road run.

Attorney Trezza said it would run from Hannaford through Hardscrabble to Metzger Road. Another from Route 9 back to Hardscrabble road. This would give Hardscrabble frontage on 4 sections of public highway in addition to Route 9. The other street is running on the edge of Marty Willms property to our property in the Town than to Glen Cove Drive, which will give us access to Firehouse Lane than to Route 199.

Supervisor Blum Bump read a copy of a letter from the NYS Department of Transportation dated November 13, 2000 expressing their concern of the impact on future traffic flow along the Route 9 corridor in viewing Hannaford application.

Their recommendation is to have access roads that would improve distribution of local traffic and better linkage of Village and Town into a walking community.

Supervisor Blum Bump said that this past four and half years we are seeing this traffic problem.

Councilwoman Bordewich said my concern is if we don't do this now it may become even more difficult getting funding for this proposal.

Attorney Trezza said transportation was one of the County's high priorities so this was a good project.

Councilman Ross pointed out that we need to have permission from people if we are going to survey their property.

Supervisor Blum Bump said she has spoken to new owner of Hardscrabble who was agreeable. She will speak with Marty Willms.

Attorney Trezza pointed out that with the roads in place it would be easier for people building with the planning process.

Councilwoman Bordewich said we may want to look at our zoning as roads may open up more possibilities. First we have to figure out is this going to work.

Motion by Supervisor Blum Bump, seconded by Councilman Ross and carried closing the public hearing at 9:17 p.m.

RESOLUTION 2004 #27

RE- Authorizing the Submission of the Fiscal Year 2005 Dutchess County Community Block Grant Program Application.

Resolution was offered by Supervisor Marirose Blum Bump, seconded by Councilwoman Jean Bordewich and carried.

Copy Attached

Supervisor Blum Bump- Yes
Councilman Ross- Yes
Councilwoman Crane- Yes
Councilwoman Bordewich- Yes

Supervisor Blum Bump said a resolution was necessary authorizing filing of application which is due September 30, 2004 for New York State Agriculture and Farmland Protection Fund.

Robert McKeon Chairman of the Agriculture and Open Space Advisory Committee reported that the committee has been working toward a proposal to establish a program to promote the permanent preservation of open space using conservation easements. We are asking that you consider having the Town apply for grant funds from NYS Ag. & Markets Farmland Protection Fund. If successful the State would fund up to 75% of the cost, with the Town having the ability to use like-kind services for most of the remaining 25%.

We discussed within our committee working with Winnakee Land Trust who would include the writing and monitoring of easements and possibly the mapping of preserved lands within the Town. This program would also assist landowners by giving them one entity to go to with questions and guidance as well as the obvious benefit of absorbing the cost of creating and monitoring the easement. Such a program would compliment our matching PDR, which also seeks to partner with landowners in accomplishing a shared vision for the Town.

Michelle Yost representing Winnakee Trust said the Winnakee Land Trust has expressed an interest and desire to work with the Town of Red Hook in establishing a program to promote the permanent preservation of open space using conservation easements. Winnakee Land Trust has been working with the Town's Open Space Advisory Committee and with the Conservation Advisory Committee, will present the grant project and the program which it supports.

We will be working with property owner in the Agricultural District as advisory capacity learning about easements along with the Planning Board.

Councilwoman Bordewich questioned Michelle if the state would fund up to 75% and the Town would do in kind service for 25%.

Michelle's reply was yes what ever type of service needed assessor etc.

Councilman Ross was concerned with administrative fee. This one time fee will Winnakee monitor it for life. No money to change hands. This is for the smaller parcels of land.

Robert McKeon said some of the farms that don't qualify for PDR, but are in the green belt may want to give an easement on development right for a possible tax break.

Councilman Ross questioned if this would affect our tax base.

Attorney Trezza pointed out that the more open space you preserve the more value your property. The more you preserve open space the more desirable for people to come here to buy property.

Craig Vogel member Agricultural and Open Space Committee, said this easement program is a good program to teach and show people that it is good way of preserving our rural town. Some of the expenses are real and necessary wanting to do the program through the percentage the state proposes. I think this grant is realistic.

Councilwoman Bordewich questioned how many easements does Winnakee have in Red Hook.

Michelle said two- Jay Chapman Property and the Rokeby Preserve.

Supervisor Blum Bump read a copy of the resolution New York State Agriculture and Farmland Protection Fund Grant.

Councilwoman Crane asked where in the budget would we find the money for a park if land from one of the developers was donated to the Town.

Robert McKeon said there was a little money left in Farmland Protection Fund. He would be in touch with the budget officer on this.

Councilwoman Bordewich suggestion was a separate line item in the budget.

Councilman Ross said with this resolution if we get it will be $16,200 and that is without in-kind services.

RESOLUTION 2004 #28

RE - New York State Agriculture and Farmland Protection Fund Grant

Resolution was offered by Councilwoman Sue Crane, seconded by Councilwoman Jean Bordewich and carried adopting the resolution.

Copy Attached

Supervisor Blum Bump- Yes
Councilman Ross- Yes
Councilwoman Crane- Yes
Councilwoman Bordewich- Yes

Councilwoman Bordewich thanked everyone for working for this Town Goal.

Supervisor Blum Bump said the Agriculture and Open Space Advisory Committee urging the Town Board hire a Planning Consulting Firm to assist the Town Board in obtaining its goals as outlined in the Master Plan and related documents.

Robert McKeon Chairman said our recommendation is not merely to replace Planners East with another consultant but rather to employ consultants in such a way as to have access to their professional expertise on a regular basis. For instance a firm could have a representative with shared office space in town hall perhaps three days a week with obligations extending to the two nights each month of the Planning Board meetings. This could be a valuable step as we ultimately head toward the hiring of a full time Town Planner. Many of our other communities would benefit also.

Supervisor Blum Bump said our Purchasing Agent Ted Kudzy has begun working on the hiring of a Planning Consultant.

Councilman Ross said one of the subjects he wanted to discuss was the over use of a planner at our Planning Board even doing agenda, time that this changes. At this time I am not in favor of a planner.

Councilwoman Crane not opposed to having a part time planner if I could reason how he was to be used, not called in two or three times a week. Would want to know the legitimate reasons for him being called in. Not comfortable with the hiring of a planner at this time.

Attorney Trezza said he would have to check whether or not the advisory committee should use a planner legally.

Councilwoman Bordewich they are all legitimate question and I think we do need more time to study this. Talked to Ted a while ago looking at other planner as to what planning board would need. I don't feel the town board would need a planner. A planner should be associated with the planning board. As a town board we hire a planner but there must be some financial control. The question now is the applicant now pays for a planner and do we have the right to do that. I feel right now what do we want from a planner and what firm do we want to use.

Supervisor Blum Bump- we have a planner and I think we need to change who that planner is. So we could hire a planner under the same circumstances that we already hired a planner someone who has objectives that we will use. We need a professional for the goals that we have and we should offer these services. Would like to see the Board take the first step and appoint a firm. Take a look at the firms Ted Kudzy has put the RFP's for and at least appoint a town planner. At least we can offer if someone wants a planner. We need to make this available if someone wants one. At our next meeting we will address this, get our RFP's out and appoint a firm.

Field Day Music Festival did forward a letter and an application for the permit. He wanted a response to this before he comes next Tuesday. They should tell us about their policy serving alcohol than we can say yes or no to it.

Next Tuesday they will present their proposal and we will give them a yes or no.

Supervisor Blum Bump made a motion to adjourn the meeting.

Councilman Ross said before we adjourn the meeting there are some things I would like to discuss.

First the idea of a workshop is that we sit down present ideas and discuss them amongst the board. This whole planning thing something has to come to an end with Art Broad running every meeting and paying Art Brod to do all the agendas, it has increased our cost drastically and has increased the cost of everyone who has a proposal before the Planning Board. There has been enough training time now and with two secretaries they can prepare the agendas and they don't have to ask Art everything they can do. Complicated things by all means they can ask the Planner, but simply little things to have the planner and have everybody pay is ludicrous. I think we should sit down with our chairman and discuss this.

Number two item is the Supervisor's Office was closed for Fair week and there should be coverage on that.

Marirose said she was in Monday and Tuesday.

Last workshop I did not attend because I was not informed we were having a workshop because I understood we were not having a workshop. It was brought up that the town highway garage goes before the Planning Board.

Supervisor Blum Bump said the site plan property goes through the same process.

Councilman Ross said we haven't decided on the Site Plan yet, still getting recommendations for this.

Supervisor Blum Bump we did discuss this correct, but we did not put it before Planning.

Councilman Ross said he heard from other people about the town website, about redoing; we go to the Webmaster we don't just decide to call someone from the outside and have them work on our website.

Councilwoman Bordewich said she talked to Dick some months ago on what he gets paid from the town, what he gets paid for the website. And I told him we have volunteers who offered to come up with prototype and changes to make it more interactive etc, but I don't want to step on your toes if that is something you will be doing. He said no if you have volunteers to do it than that's the route you should go. He said he rents space from Web Jogger and sells it to us. The town pays him $300.00 a month and he said most of his income comes from consulting work as he is paid by the hour. He was hired by the Highway Department to do some long term work for them and other departments have hired him to do computer training. After I spoke to him and his suggestion I than spoke to the volunteers who are going to come into us within the next two weeks with some ideas and what direction we would like to go in and I would suggest we have Dick at this meeting as well. We would not be hiring anybody to do work even if Dick was for it without going for an RFP. I agree with you unless it was a small amount under $3,000. That being the case doing it as a volunteer and doing it in coordination I don't really think it is relevant to this particular situation.

Councilman Ross replied that even a volunteer has to be hired by the Town Board.

Supervisor Blum Bump said that's not true.

Councilman Ross... it certainly is true the Town Board has to approve any volunteers we have to meet with them. Just out of respect if they are going to volunteer we should have a meeting with our present Webmaster.

Councilwoman Bordewich said this has all been informal and one of the concerns I have is that we need to have a lot of work done on our website. First of all it is really archaic second of all it is not very interactive. I would like to bring Dick and the volunteers into a workshop as soon as possible and have all of us sit down and tell them what we want them to do. When I talk to the volunteers they said they would like to put some rough ideas together and bring them in for us to look at which I thought would be useful because it is hard to react to nothing. This is where it is now and we do need to make some changes.

So why don't we do this get Dick to come into one of our workshops and talk about what we want and what we think is important.

They are not going to do a huge amount of work for no pay at least I don't think they would. The idea was that they come up with a redesign and suggestions for an activity. They are more vanguard in website development than Dick is. They could be a good team along with Dick who is agreeable with this.

All were agreeable that Jean bring everyone for a workshop.

Councilman Ross said that this was something that upset him extremely, put him over the edge. This is a letter written by Keane & Beane to Mr. Barns Dutchess County Real Property Tax Service July 15, 2004, this letter that cost us $1,156.25.

This letter is wrong it is entirely miss use of power, misuse of town funds and in my mind inexcusable and I want to know how and why this happened, it should never have happened like that and there isn't any consultant be it attorney, planner or lawyer you can call and hire without Town Board acknowledge and approval of it.

To bring you to speed it is about Larry's lot on the river and the properties down there.

Supervisor Blum Bump said she knew exactly what this is about.

Councilman Ross...alright if you know what it is about, first of all in my opinion it should have been handled by our Assessor and the County Real Property Tax Service. I know the whole history of this story.

If a citizen came to you for help you would than go to our Assessor and if that didn't help you would than call the County Board of Assessors and if that didn't help you would call the Town Attorney who is on retainer and say Al would you get to the bottom of this. But you called Joel Sachs and by that he wrote the letter that cost us $1,156.25.

Supervisor Blum Bump said, you are wrong, as every bit of research was done before. He did none of the research, the property owner did the research everything was done right here. Joel did not do any research. Everything was done here in town hall. I will check out the cost.

Councilman Ross said his feeling is if a citizen wants outside council because he is not happy with our Assessor or the County Board of Assessment in handling the situation he has every right to hire outside council, it is not our job as a town and it is a misuse of public funds to do that.

Supervisor Blum Bump said let me read this the Town is concerned that a prospected purchaser may attempt to purchase a portion of this property north or south of the other parcel we mistaken believe that there is no need to comply with the subdivision requirements of the town.

Councilman Ross said no the Town is not concerned with that at all that was never brought before the Town.

Supervisor Blum Bump said it was brought to me.

Councilman Ross said you are not the Town.

Supervisor Blum Bump said it was a legal matter and she called and asked them to look at what was presented here.

Councilman Ross said it is not a legal matter and first of all I think those funds should be paid back to the Town. I strongly suggest maybe you get some outside advice and council on that before our next Tuesday meeting.

Supervisor Blum Bump said yes she would look into this.

Councilman Ross... there is no excuse for that in my mind it is complete misuse of funds and not to mention the fact that none of us were even aware of that.

Councilwoman Bordewich said she was aware of it but I don't know why it was $1,100.00. I do think Marirose has the right to call Keane & Beane for their advice on things that come to her from a resident of the Town. Jack did this all the time.

Councilman Ross said yes and we knew about it at a workshop every time. And why an outside attorney? He is our consulting attorney, Al is our attorney.

Supervisor Blum Bump said there is a conflict of interest with Al as he represents these people.

Councilman Ross said you don't know if it is a conflict of interest with Al and you're lying to my face.

Supervisor Blum Bump said she would take it to heart if he thought she was lying.

Attorney Al Trezza said he represented Dr. Block who worked for Unification Church and I am preparing a resolution for him. This had nothing to do with my authority to handle a tax map error that needed to be corrected.

Councilwoman Bordewich asked what is the criteria when an issue comes up that we as the Town Board when a legal issue goes to Al or Keane & Beane.

Attorney Trezza said, according to Town Law it goes to your attorney and as a Board you can hire an outside attorney to assist me, and it can't be done by one individual it has to be done by a Town Board. Town law is quite clear on this.

Supervisor Blum Bump said she wanted to adjourn the meeting. I believe I acted perfectly reasonably within my rights and I reiterate whether you agree or disagree with me I agree or disagree with you every town board member gets treated respectfully you don't have to shout, curse or loose your temper as I will stop a meeting and I will adjourn it and say we need a time out here because we don't need temper tantrums.

Motion by Supervisor Blum Bump, seconded by Councilwoman Bordewich meeting adjourned 10:23 p.m.

Town Clerk

Margaret E. Doty