Minutes Aug. 19, 2004

Town of Amenia

August 19, 2004

THE MEETING BEGAN AT 7PM

THE PLEDGE OF ALLEGIANCE WAS RECITED

EMERGENCY EXITS WERE POINTED OUT BY THE SUPERVISOR

ROLL CALL

SUPERVISOR HUNDT PRESENT

COUNCILWOMAN DOYLE PRESENT

COUNCILMAN RUSSELL PRESENT

COUNCILMAN DEVINE PRESENT

COUNCILMAN CARROLL ABSENT

PUBLIC COMMENT

Tom LeJeune

Mr.LeJeune said that he had read the decision regarding Jacks’ garage and the decision to deny the zoning change and was disappointed because the former Town Board had followed all the laws. He added that he had seen a lot of projects come and go and some only a few were loudly opposed to that never became possible but with proper planning these projects can proceed and make a better community. He added that he felt the Town Board should appeal the decision regarding Jacks’ garage.

Pete Clair

Mr. Clair said that he was also disappointed to hear the decision regarding Jacks garage; he said that he felt that it ultimately comes down to no commercial development along Route 22. Mr. Clair said that since the Gregorys were made to comply then Maureen Rooney, Darlene Reimer, and the Foodtown plaza should be made to do the same. He said newcomers have come to the Town with money and resources and where were they when Metro North was putting the railroad in his backyard a few years ago. He said he would like to see the Town proceed and appeal the decision to show that they do encourage and promote growth and business.

Evelyn O’Connell

Ms. O’ Connell said that even though only 6 people filed the Article 78, there were over 100 people that sent postcards in support of this project to the Town Board. She said the Town had very few businesses and services as it is and needs to appeal the decision.

Katharine Dunlop

Ms. Dunlop said that she was involved in obtaining contributions to oppose this project with the Article 78 and that many were able to contribute small amounts such as $15 and $17 dollars.

She added that she personally did not want to see any more tax dollars spent on this issue.

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Jeanne Rebillard

Ms. Rebillard said the traffic pattern in Amenia is north and south on a State Highway. She said that we are not similar to Millerton or Millbrook in that the traffic flow goes directly through the center of Town. She said that if the Town does not allow any development on Route 22 then the tax base will suffer and where will the money come to support the schools and services the Town needs. She added that the Town has many needs for Recreation, Town Hall, and Highway. Ms. Rebillard said that last year the issue was Foodtown versus Price Chopper but no one made any considerations when Tractor Supply went in and therefore Dills Best and Sears could have been adversely affected. She said that it is the role of the Town Board to insure the better of the Town and she said was not sure if the Town was represented adequately on this issue.

Supervisor Hundt said that there is confusion and that the decision was clearly made in a court of Law.

Town Attorney Michael Hayes

Mr. Hayes said that he had an opportunity to read the decision although he was not involved in the litigation. He said the court decision was based on the Type of Action; he said that the court deemed that the SEQR action had not been properly classified. He said that the court scrutinized the type of action although he respectfully disagreed with the decision, the court declined to comment on any of the other issues that were presented such as spot zoning. Attorney Hayes added that there is a six month window of opportunity that any party can file a notice of appeal but it is likely that the Gregorys would be subject to the full DEIS.

Jeanne Rebillard

Ms. Rebillard said that she was under the impression that the cost of an Article 78 was in the range of $25,000. And with one against the Town Board and Planning Board the cost would be in the area of $50,000. She said that it would be hard to believe that it was paid for in $15 and $17. Donations. She questioned the Town Attorney whether the Town Board and attorney did all they could to uphold the towns decision is court.

Town Attorney Michael Hayes

Mr. Hayes said that the cost of an Article 78 varies and he would not be able to speculate the cost. He added that she can request a copy of the court clerks minutes and that he was not in a position to criticize the new Town Board.

Pat Nelligan

Mr. Nelligan said that the reaction to the case should be expected; he said that the Town Board will now need to look at the issue in a fresh unpolitical way. He said he is very concerned with the issue of law enforcement. Mr. Nelligan said that after Sept. 11^th many State Police are now unavailable because they are needed for security purposes elsewhere. He said there is very little enforcement now on issues such as public safety, traffic, parking, speeding. He questioned why the Town is requesting a speed limit change when there is no one to enforce it. He added that he overheard a disturbing message left on the bookkeepers answering machine regarding a tax exempt form for a purchase for two computers for the Supervisors office that no one was aware of.

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Supervisor Hundt responded that the computers had been budgeted for.

FACADE PLAN

Peter Riva said that Mimi Babcock was the chairperson of the Facade Committee of the Enhancement Committee and their first endeavor was to look at the architecture and buildings on Main Street to unify the beauty within the Town. He said that it would be a ten year plan and there may be means of obtaining funding for some of the proposed changes.

Mr. Riva introduced Erin Rollins.

Erin Rollins

Ms. Rollins presented architectural drawings and photos of buildings both on the east and west side of the intersection. She said she began with the Sears building and added awnings, paint palettes, and faux finishes to some of the buildings. She said some important aspects include removing overhead wires, asbestos, and creating a more appealing appearance. She presented each individual building with some minor and some major renovation ideas.

Councilwoman Doyle added that it would become part of the New York Main Street program. She said that she is working with Lisa Coon to try to access from 50-200 thousand dollars to access funds for some of these renovations to jumpstart these ideas.

RE-VAL

Supervisor Hundt said that there have been a few information hearings regarding the Re-evaluation and also the possibility of a consortium. She added that Harry Girdlestone was a great resource and John Watch informed the Board that the last window of opportunity to vote would be in January. She said she would like to know whether the Town Board is ready to vote or would like to do more information gathering.

Councilman Devine said that he was ready to proceed that he had received enough information and surrounding towns are in the process or have just completed their re-evaluations.

Councilman Russell said that the price would probably not be any less and that the consortium may not be viable.

Councilwoman Doyle said the price of $55. Per parcel had been mentioned at the information meeting but it is difficult to derive a figure from the proposal. She said that it is a complex formula she is not sure if the annual $10,000 update cost is the best the Town can get. She said that there is a RFP process that would give the opportunity to bid out because she is a firm believer of shopping around. Councilwoman Doyle said that she would like to see a RFP and request for proposals over the next three months.

Councilman Devine said that the Town of Amenia has been offered the same price as the Town of Northeast. He added that he was not sure if this proposal would need to be subject to the bidding process but there have been several presentations and he has been impressed with the professionalism of MJW Consultants.

Town Attorney Michael Hayes said that obtaining bids could be an informal process such as making phone calls.

Supervisor Hundt said that she felt waiting one more month is not unreasonable and that the assessor can work along with the Town Board to obtain additional proposals.

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A MOTION WAS MADE TO REQUEST RON GAZZOLI, TOWN ASSESSOR TO OBTAIN ADDITIONAL BIDS FOR THE PROPOSED RE-EVALUATION BY COUNCILWOMAN DOYLE

SECONDED BY SUPERVISOR HUNDT

AYES----3 NAYS—1 ABSENT—1 MOTION CARRIED

Supervisor Hundt Councilman Devine Councilman Carroll

Councilwoman Doyle

Councilman Russell

Tennis Court Lease

Town Attorney Michael Hayes said that he prepared the lease for the agreement with Webutuck School and the Town Board can begin dialogue with the school and they may need to review to see if they are comfortable with the lease as it was drafted.

Cell Tower

Supervisor Hundt said she spoke to Jeff Staley regarding Verizon is interested in adding service to the municipally owned cell tower. She said that the agreement includes a 1,000 a month revenue for the Town.

A MOTION WAS MADE TO ACCEPT RESOLUTION # OF 2004 REGARDING THE ADDITION OF VERIZON TO THE MUNICIPAL CELL TOWER BY COUNCILMAN DEVINE

SECONDED BY SUPERVISOR HUNDT

ALL AYES MOTION CARRIED

Appraisal Bids (Highway Facility/ Salt Shed)

Councilwoman Doyle said that they have obtained three bids to do an appraisal. She said whoever is selected must set forth a justification method or cost effectiveness for more prudent or economical uses and articulate why the higher bid was accepted. She said she had received good references on the higher bids. Councilwoman Doyle said she had requested references from William Patrick from Valuation Consultants and he did provide a list of former clients that include municipalities. She said that Valuation Consultants have been known to submit the lowest bids.

A MOTION WAS MADE TO ACCEPT VALUATION CONSULTANTS TO PROVIDE AN APPRAISAL ON TWO PARCELS (Harlem Valley Materials and Richard Allen) BY COUNCILWOMAN DOYLE

SECONDED BY COUNCILMAN RUSSELL

ALL AYES MOTION CARRIED

Community Development Block Grant Application

Supervisor Hundt said that it is now time to apply for the 2005 project for the Community Development Block Grant. She said that the Town Board will need to set a date for a Public Hearing to obtain public input.

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A MOTION WAS MADE TO HOLD A PUBIC HEARING ON THURSDAY, SEPTEMBER 9, 2004 AT 7PM FOR THE 2005 COMMUNITY BLOCK GRANT APPLICATION BY COUNCILWOMAN DOYLE

SECONDED BY COUNCILMAN RUSSELL

CPIC Secretary

Supervisor Hundt said that we have received two resumes for the CPIC Secretary position and that interviews can be held before the next Town Board workshop. Councilwoman Doyle added that the position includes attending meetings, usually on Monday evenings, typing and distributing the .material.

Minutes

A MOTION WAS MADE TO ACCEPT THE MINUTES DATED JULY 15^TH AND JULY 26^TH BY SUPERVISOR HUNDT

SECONDED BY COUNCILMAN RUSSELL

ALL AYES MOTION CARRIED

Supervisors Report

Supervisor Hundt said she would like to thank Lou Cesa for all his work in setting up the Optimum Online. She said that now people can check the website and receive and write e-mails.

Supervisor Hundt said that the Historical Society will be having their Schoolhouse Picnic on September 18^th.

Supervisor Hundt said that the World Peace Prayer Society will be holding a World Peace Day on August 28^th. Supervisor Hundt said there will be a Historical lecture at Troutbeck on August 26th.

Councilwoman Doyle said that the Town did receive a grant from SARA along with 17 other municipalities that will be able to access a computer to obtain GIS mapping.

She said the Dutchess County Arts Council is offering a grant that the Historical Society is applying for that would involve 6 workshops.

Councilwoman Doyle said that Adopt-A- Family needs funds and the community foundation in Millbrook may come back and see if they can sponsor .

She added that they are working on a new contract on the Wastewater agreement.

She said that they have met with New York State Electric and Gas regarding streetlights and the plan would be to streamline the wires and reduce the number of poles.

Councilwoman Doyle said that she did provide a draft copy of a proposal for signs at the ballfield where donors could be recognized by a sign if they made a $200. Contribution.

Councilwoman Doyle said that she spoke to Zoning Code Enforcement Officer Nancie Brusie regarding junk car removal. She said that September will be amnesty month to give everyone an opportunity to remove any unregistered vehicles or they will be cited.

Councilman Devine said that he remembered discussion regarding the videotaping of workshop

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meetings but a resolution may be necessary to finalize and pay Gary Bonds for his time.

Enhancement Committee Report

Peter Riva addressed the Board and said that the Streetscape Committee will be dividing into two projects- one the Main Street section while the other will be the Mechanic Street section. He said a lot of deadlines are approaching and since there are two Town Board members on the committee maybe it is possible to have these members give a preliminary approval rather than wait for the entire Board to be in session.

Councilman Devine responded that this is not possible because the entire Board has to be aware of what is happening and two members cannot speak for the entire Town Board.

Mr. Riva said that there are a lot of new exciting projects on the horizon to beautify the Town such as bump-outs, sidewalks, and an increase in parking. Mr. Riva said some upcoming dates include the garden tour scheduled for July 2, 2005 and the Technology Fair on April 8, 2005. He added that he received a copy of the statement from Salisbury Bank for the Gardenscape committee but would like to clarify the expenditures or prepare an accounting procedure if it remains an enhancement committee function. He said that they are working towards projects that coincide with other committees such as a pond and a walkway to the Foodtown Plaza.

He said another recommendation that surfaced was the need for a professional grant writer. He said although Mike Haggerty has assisted in the past the Town will need to be more aggressive as other Towns are becoming. He said the Town of Patterson is currently working on 127 grant applications.

He said that the Enhancement Committee will be submitting budget including a brief review and projections. He added that many hours are being donated by volunteers and the Town will need to plan financially in the event these volunteers become unavailable because the committee has done a lot of work because of volunteer resources but as interest or availability diminishes, it would be a good idea to plan for the future.

Councilwoman Doyle said that this is similar to the Emergency services that are provided to the Town by volunteers and soon the time will come that the Town will need to pay for the services due to lack of volunteers.

Conservation Advisory Council

Councilman Russell said that they are continuing to do a natural resource inventory with the help of David Reagon and Tonia Shumatoff.

Councilman Russell said that the band concert was good but it was not well attended.

Councilman Devine said that he was upset to see certain individuals were soliciting money for the concert in local food stores and coin drops under the Town of Amenia’s name for this concert.

He said the Town Board never gave authority to collect money for the event and who kept track of the sponsors. He said he felt the proper procedures were not followed when this was initiated.

Lana Anguin Cohen said the next Emergency Disaster Plan meeting is scheduled for Monday, August 23^rd at 11:00 am

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CPIC Committee

Councilwoman Doyle said that Joel Russel will be reviewing the materials on August 6, 2004 and drafting a preliminary scope of the ordinances. She said that a realistic date of January 15^th has been established. She siad the codification will become more consistant and more user friendly.

Affordable Housing

A MOTION WAS MADE TO ESTABLISH AN AFFORDABLE HOUSING COMMITTEE MEMBERS CONSISTING OF BETTY ROONEY, SUPERV ISOR HUNDT, AND KATHARINE DUNLOP AS AN ADVISORY MEMBER BY COUNCILWOMAN DOYLE

SECONDED BY SUPERVISOR HUNDT

ALL AYES MOTION CARRIED

Councilman Devine commented that Councilman Carroll is recovering from a surgical procedure and will hopefully attend next months meeting.

PUBLIC COMMENT

Dan Kilmer

Mr. Kilmer said that he contacted the Department of Transportation and Motor Vehicles to check on tickets especially speeding tickets in this Town. He said that the Town needs to have its own police force and needs to budget for a project like this.

Councilwoman Doyle questioned whether money from tickets issued from Town police comes back to the Town as revenue.

Herb Eschbach

Mr. Eschbach said that he would like to compliment Peter Riva on his work o n the Enhancement Committee and for his forsight and economic development for the downtown.

He added that he agrees with Mr. Kilmer when it comes to speeding issues in the Town; He said that the speed zones change several times as your coming into Town; in particular, while traveling south on Route 22 it changes five times before you get to the light.

He said that he felt the Town Board needs to look at this issue and could invite local police enforcement to make a recommendation about the speed zones and enforcement.

Warren Gordon

Mr. Gordon addressed the Town Board regarding the Mechanic Street streetscape plan.

He said that although he has not seen the plan yet, he has been informed that the plan includes shrubs and a biketrail passing by the parking lot. He said that the Amenia Fire Company is also preparing future plans and it would be considerate for the Fire Company to be included on any proposals that arise.

Councilwoman Doyle said that the sketches are theoretical at this point and there will be a lot of room for change and improvements.

Mr. Gordon said that the fire company is community orientated and would like to be included in community events such as recently assisting in parking for the band concert.

Mr. Gordon commented that he would like to see the Re-Evaluation done so that everyone will be in the same current market.

He said that he is also interested whether the Town Board will be passing a Local Law providing Emergency service volunteers an exemption. He said he would provide the assessor current membership status to keep the records up to date.