Proposed law would limit sex offenders living in local motels
Responding to concerns brought by New Paltz residents, town officials have set a hearing on a law to limit registered sex offenders to local motels and hotels. Supervisor Neil Bettez explained the plan in general terms at a village board meeting November 4. Though the session had been intended to be a joint meeting of both New Paltz governing boards, the town board did not have quorum.
Registered sex offenders are limited in where they may live for as long as they are listed, which in more serious cases is the rest of their lives. They must also disclose their status to potential landlords. Finding homes for offenders when they are released from prison can be difficult, and one tactic employed in the Department of Corrections and Community Supervision is to rent rooms out for them. This was addressed in neighboring Lloyd three years ago, when that town board passed a law placing limits on the number who can live in one of these establishments. The Lloyd law was based on one used in Colonie.
Bettez said that the law now being considered in New Paltz was drawn from one used in “a neighboring town.” It sets limits based on the number of rooms in the establishment, as well as which of the three registration levels the offender has as a designation.
Mayor Tim Rogers wondered about the constitutionality of such a local law, and Bettez signaled a preference for state regulation “instead of just dumping these people in a hotel or motel.” Rogers’ concern might be warranted. In the 2015 decision People v. Diack, the state court of appeals determined that “the doctrine of preemption” required that local laws not contradict state rules on the same subject. That ruling regarded a local law that set the minimum distance a registered offender might live from a school. The law being considered here is based on the concentration of offenders rather than their distance from a particular location.
The supervisor said that more oversight from state officials is required, “… maybe someone to help them transition. To have no oversight doesn’t do anyone any favors.”
Town officials are trying to better understand the services and oversight now being provided. A hearing is set for this Thursday, November 12.
Police reform sessions
The Town of New Paltz’s Police Reform and Reinvention Collaborative provided an update on the group’s work to local officials on November 4. Esi Lewis reported that since the town-hall-style meeting on October 22, some members have undertaken the firearms and defensive tactics training that police officers receive. They are now planning meetings with members of particular groups, and also will be attending a departmental meeting of the police as well.
Cell tower costs questioned
The application to build a cell tower on Jansen Road in New Paltz has generated $80,000 in fees to date, and a representative of applicant Homeland Towers LLC would like to know when the billing will stop. According to regional manager Victor Xavier, a limit to half a percent of the project value can be charged under state law, and the next escrow deposit will surpass that limit. Moreover, Xavier doesn’t believe it’s legal to bill applicants for planning-board attorney time at all, a widespread practice.
Supervisor Neil Bettez assured Xavier that state law would be obeyed. Xavier said that the primary concern was to be able to budget adequately. This project’s fees appeared excessive to him relative to those in other communities. The supervisor speculated that this project being outside of current zoning might have something to do with that variance.
Trans-Hudson waivers “reasonable”
Representatives of Trans-Hudson Management are looking for waivers of some of the design elements for the retail project proposed for the lot between the Thruway and North Putt Corners Road, something Mayor Tim Rogers thinks is reasonable based on the parking to be provided for the Empire State Trail.
The village mayor was commenting during a village board discussion about the possibility of being asked to hook the project into the village water system, which Rogers also views favorably. Such a connection would make it possible to create a loop in the system, the mayor said, which reduces problems of low pressure and brown water for some users. Rogers called that “a valuable net benefit to municipal water users.”
The waivers being requested — which must be considered by the town board under a process laid out in the gateway zoning law — are to put in a restaurant drive-through, and not to have to build a second story on the building.
Town supervisor Neil Bettez agrees with Rogers on the tradeoffs. This developer has a lawsuit pending to challenge the new zoning, and granting the waivers would mean that the case would be withdrawn. It is presently on hold.
“We could lose all of the gateway zoning if we lose, but we’ve been told that that’s not likely,” the supervisor said. He also thought that the chance to run the Empire State Trail through the back of this property would be lost if these waivers are not granted.
Dan Schneidewind disagrees. His opinion is that routing this state trail around the back and off the streets is something well within planning-board purview for safety reasons, no matter what project is being considered at the site.
Rogers took a position against risking this new zoning in court, warning that it could result in “strip-mall hell.” At the same time the mayor defended the idea of a drive-through, saying that the pandemic has made them necessary.
Julie Seyfert-Lillis vehemently disagreed that adding drive-throughs was appropriate in the context of climate change, and deputy mayor KT Tobin warned against caving in to scare tactics.
Protesting Kingstonian Pilot
New Paltz village trustees have issued a second position paper laying out reasons why they believe that approving a payment-in-lieu-of-taxes scheme for the Kingstonian project would be bad for all county taxpayers. This statement was focused on the interaction between Pilot agreements and the state’s tax-cap law. Newly-assessed projects and the services that might be required once they’re built get factored into the complex tax-cap formula, but those figures are lower with a Pilot in the mix. The impact is greater for school districts than other taxing entities.
“The argument is that some is better than no money, and that’s an incredibly naive interpretation of how Pilot programs work,” said Mayor Tim Rogers. A parking garage and other amenities are intended to offset the tax breaks being sought for this project, which would bring 143 apartments above a floor of retail space on the site of the former city parking garage in Kingston. Rogers’ concerns include, among others, that this project might open the gates to developers looking for similar deals in New Paltz.
Deputy mayor KT Tobin felt a parking garage was indefensible in light of what is known about climate change, and that this particular project doesn’t align with “the people-centered economy” referenced in county planning documents.
This Pilot isn’t a uniform agreement, and requires buy-in from all the taxing authorities. That includes the Kingston common council as school board, as well as the county legislature. Amendments to the agreement were recently suggested, and according to county legislator Eve Walter the new details have not yet been presented for approval.
One planning secretary
New Paltz may never have just one government, but for now there will be just one planning board secretary. Alana Sawchuk, already serving in that role for the village, will be taking on the same job in the town. Rather than Sawchuk getting two paychecks, the position will be one of the shared services between the two governments. Someone who calls either office to reach the secretary 40 hours a week. Developers won’t even need to know which board has jurisdiction to get the answers they seek.
ZBA appointments
A couple of seats need to be filled on the town zoning board of appeals, and one New Paltz town board member was hoping to interview the applicants. Instead, some resumes will be circulated before the final decision is made. Four applicants applied for two open seats, and the current zoning board has recommended that Amy Donelly and former planning board member and chair Mike Calimano be named.
Julie Seyfert Lillis was hopeful that, rather than just acting on that recommendation, board members might interview the four applicants directly. “I think the four applicants deserve that courtesy.”
Supervisor Neil Bettez decided to arrange for the resumes or letters of intent to be circulated prior to a decision, and David Brownstein suggested a more detailed rationale from ZBA members about their recommendations. A decision is expected at the next town board meeting.
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