Red Hook WatchIndependent Community Resource

Resolution Establishing a Date for a Public Hearing Regarding the Adoption of Proposed Local Law 1 of 2020

↑Meetings/Document history/chain_0005
1 versions2020-01-13#1-2020inline resolution

Versions

  1. 12020-01-13
    Resolution Establishing a Date for a Public Hearing Regarding the Adoption of Proposed Local Law 1 of 2020
    inline resolutionmeeting · 2020-01-13 · resolution 1-2020 · passed

Document

Open original PDFView version history →Meeting on 2020-01-13 →

RESOLUTION ESTABLISHING A DATE FOR A PUBLIC HEARING REGARDING THE ADOPTION OF PROPOSED LOCAL LAW 1 OF 2020

Resolution #1-2020 — 2020-01-13

WHEREAS

  • a proposed form of a Local Law entitled "A Local Law to Amend the Official Zoning Map of the Village of Red Hook and Make Other Associated Changes" (the "Proposed Local Law") has been submitted to the Village Board of Trustees of the Village of Red Hook (the "Board")
  • the Proposed Local Law would replace the Village's Zoning Map with a new zoning map to eliminate the Highway Business District and extend the General Business and Neighborhood Mixed Use District and to make certain associated changes to the Zoning Law
  • the Proposed Local Law is consistent with the Village's Comprehensive Plan
  • pursuant to Section 239-m of the General Municipal Law, proposed amendments to the Zoning Law must be referred to the Department of Planning and Development for its review and report thereon
  • a Full Environmental Assessment Form ("EAF") dated January 13, 2020 has been prepared on behalf of the Board, and is on file with the Village Clerk
  • in accordance with the New York State Environmental Quality Review Act ("SEQRA"), the Board is required to determine the classification of the proposed project
  • pursuant to 6 NYCRR 617.4(b)(2), the adoption of changes in the allowable uses within any zoning district, affecting 25 or more acres of the district, constitutes a Type I action under SEQRA

RESOLVED

  • the Mayor is hereby authorized and directed to execute page 13 of the EAF on file with the Village Clerk
  • the Proposed Local Law is a Type 1 SEQRA action and there are no other involved agencies
  • the Board shall hold a public hearing on February 10, 2020, at 7:00 p.m. at the Village Hall, 7467 South Broadway, Red Hook, New York, to hear all interested parties on said Proposed Local Law
  • the Village Clerk is hereby authorized and directed to publish notice of said public hearing in the official newspapers of the Village, on or before January 30, 2020, which is not less than ten calendar days prior to the date of said public hearing
  • the Village Clerk is hereby authorized and directed to send a copy of the Proposed Local Law, together with a copy of the EAF, to the Dutchess County Department of Planning and Development for a report and recommendation thereon pursuant to Section 239-m of the General Municipal Law
  • the Village Clerk is hereby authorized and directed to send a copy of the public hearing notice to the clerks of the adjacent municipalities

Changes between versions

2020-02-10→2020-02-20
substantive change+1 −11

Document completely replaced with unrelated street light removal authorization.

  • All criminal justice reform content removed
  • New resolution authorizes Mayor to consent to Central Hudson removal of street light #139039 on East Market Street
  • All WHEREAS clauses deleted
  • All references to Governor Cuomo, state legislators, and Conference of Mayors removed
Show red-line diff
WHEREAS clauses: - while there was a need to reform New York's criminal justice statutes during the 2019 state legislative session, it is widely recognized that several of the changes in the laws pertaining to discovery are overly broad and vague and are having unintended consequences at the municipal level - the dramatically shortened time period in which prosecutors must disclose evidence to defendants and the broad expansion of the matters to which such discovery mandates apply will have significant cost, tax and justice implications for cities and villages with police departments, local justice courts or code/parking enforcement departments - the discovery reforms mandate prosecutors disclose evidence to the defense within 15 days of arraignment for criminal charges (even if the defendant is not in custody) - drastically enlarging the scope of material that a prosecutor must review and deliver within 15 days will overwhelm the ability of city and village officials and employees to prosecute cases while managing their misdemeanor and felony caseloads, and will make it impossible to prosecute vehicle and traffic and local code infractions and violations in compliance with the new discovery mandates - arraignment must now take place within 20 days of desk appearance ticket issuance, thereby requiring justice courts, many of which convene monthly, to meet more frequently - cities and villages will not reap savings from the bail reform's reduction of the burden on county jails - municipalities are already challenged with operating within the now-permanent 2% tax cap and have not received an increase in general purpose state aid in 11 years RESOLVED clauses: - the VILLAGEMayor OFis REDauthorized HOOKto supportssign the following set of amendments proposed by the New York State Conference of Mayors that are consistent with the intent of the criminal justice reforms but which will allowconsent for moreCentral effective and affordable implementation: Ensure that cities and villages are provided with additional financial and operational supportHudson to offsetremove thestreet costlight of these mandated measures; Allow 60 days for prosecutors to disclose evidence to the defense for criminal charges; Exclude from the accelerated discovery requirements any charge not involving a misdemeanor or felony; Adjust the 20-day arraignment requirement to accommodate local courts that meet#139039 on aEast monthlyMarket basis; Allow prosecutors to withhold sensitive information, such as victim contact information, without having to obtain a court order - this duly adopted resolution of the VILLAGE OF RED HOOK be forwarded to Governor Andrew Cuomo, Senate Majority Leader Andrea Stewart-Cousins, Assembly Speaker Carl Heastie, Senator SUE SERINO and Assembly Member KEVIN CAHILL, the New York State Conference of Mayors, and local media outletsStreet

References

This document cites or incorporates the following separate documents: