TOWN OFROSENDALE

TOWN BOARD WORKSHOP MEETING                   DRAFT

FEBRUARY 6,2008

The meeting was called to orderby Supervisor McDonough at 7:34 p.m. at theRosendaleCommunityCenterwith the Pledge to the Flag.

PRESENT:Councilman Robert Gallagher

CouncilwomanManna Jo Greene

CouncilmanKenneth Cluen (arrived at 7:40 p.m.)

CouncilmanRichard Minissali

SupervisorPatrick McDonough

ALSO PRESENT:Michael Moriello, attorney for Wild Rose;Ed Maestro, Jennifer Metzger, Environmental Commission; Billy Liggan, PlanningBoard; about twenty citizens.

PUBLIC COMMENTS: Betsy Tuel thanked the Supervisor for gettingthe web site up and running; Supervisor McDonough said that we are partlythere.

Hal Sampson asked that Boardmembers use their microphones as it is difficult to hear what is being discussedand that is the reason for being there.

A producer, ¡K¡K¡K¡K¡K., forKingston Area Public Access said that he is available and willing to tapemeetings for showing on cable.

RESIGNATIONS/APPOINTS:  Supervisor McDonough asked for a motion toaccept the resignation of Frances Jordan as Deputy Tax Collector. A motion was made by Councilman Minissali toaccept the resignation of Frances Jordan as Deputy Tax Collector; seconded byCouncilwoman Greene. Roll Vote: 4 Yes, 1Absent (Cluen).

Supervisor McDonough asked for amotion to appoint Leslie Treut as Planning Board clerk.

A motion was made by CouncilmanGallagher to appoint Leslie Treut as Planning Board clerk; seconded byCouncilman Minissali. Roll Vote: 5Yes.

Supervisor McDonough asked for amotion to appoint Kenneth Hassett as the Deputy Fire Marshall.

A motion was made by CouncilmanCluen to appoint Kenneth Hassett Deputy Fire Marshall; seconded by CouncilwomanGreene. Roll Vote: 5 Yes.

Supervisor McDonough asked for amotion to appoint Trudy Harper as a temporary deputy tax collector to replaceFrances Jordan.

A motion was made by CouncilmanGallagher to appoint Trudy Harper temporary deputy tax collector; seconded byCouncilman Cluen. Roll Vote: 5 Yes.

COMMISSION/BOARDAPPOINTMENTS:

1. Environmental Commission: A motion was madeby Supervisor McDonough to  appoint Jennifer Metzger as chairmanand the following people to five (5) year terms: Jennifer Metzger, EdwardMaestro, Joseph Liuni; to four (4) year terms:Deborah Weltsch, Richard VanDenheavel, Ilonka Lukas-Metsger; three (3)yearterm: Joan Maylie, NajaKraus, Nava Tabak and appointing Joseph Liuni asUlster County EMC representative; secondedby Councilwoman Greene. RollVote: 5 Yes.

2Youth Commission: A motion was made bySupervisor McDonough to appoint Matt Terpening as chairman and the following toa two (2) year term: Matt Terpening, Gene Markle, Nora Snyder, Ben Talutto;seconded by Councilman Gallagher. RollVote: 5 Yes.

3.Police Commission: A motion was made bySupervisor McDonough to appoint the following to a one (1) year term: Ray Lukas,Anthony Stenta; seconded by Councilwoman Greene. Roll Vote: 5 Yes.

4.Water/Sewer Commission: A motion was made bySupervisor McDonough to appoint Harriet VanKleeck chairman of the Water/SewerCommission; seconded by Councilman Cluen. Roll Vote: 5 Yes. SupervisorMcDonough stated that there is one opening on the commission, at the presenttime there are no applicants; we will re-advertise on the web site and possiblyin the newspaper and make an appointment at a later date.

5.Economic Development: Supervisor McDonoughmade a motion to appoint   Victoria Coyne to a five (5) year term;seconded by Councilman Minissali: RollVote: 5 Yes. Supervisor McDonough stated that thecommission is looking atexpanding tohave a total of seven (7) members, further study will be done.

6. ZoningBoard of Appeals: A motion was made by Supervisor McDonough to appoint RobertHendrickson chairman and Brian Farmer to a five (5) year term; seconded byCouncilman Cluen. Roll Vote: 

Councilman GallagherNo (favors re-appointing John Maylie)

Councilwoman GreeneNo

Councilman CluenYes

Councilman MinissaliYes

Supervisor McDonoughYes

7. Boardof Assessment Review(BOAR): Supervisor McDonough made a motion to appoint NickGantner as chairman; Thomas Loughlin to a five (5) year term; seconded by Councilman Gallagher. Roll Vote: 5 Yes.
8. RecreationCommission: A motion was made by Supervisor McDonough to appoint Diane Bedellchairman; Miriam Patton to a seven (7) year term; seconded by CouncilmanMinissali. Roll Vote:

CouncilmanGallagherNo

CouncilwomanGreeneYes

CouncilmanCluenYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

MEETING AGENDAITEMS:

    1. Michael Moriello, attorney for Wild Rose Subdivision, addressed the TownBoard on the timing, documentation and procedures to move forward with anapplication to form a private stormwater management district. Mr. Moriello said that the 22 lot subdivisionis still undergoing the SEQRA review and they will not be seeking approval untilthe SEQRA is completed; further background information was put forth by Mr.Moriello. Supervisor McDonough said thathe had forwarded a copy of the stormwater management agreement, a copy is inBoard folders for review, to David Massimi, our MS4 enforcement officer for hisreview; it was noted that a copy should also be forwarded to Carl Hornbeck,Highway Superintendent; Supervisor said he would take care of that

Mr. Moriello said that the TownBoard had great foresight in enacting the stormwater management local law, itwill mitigate future problems with developers; each district will have its¡¦ owncharge on taxes for infrastructure maintenance.

The Environmental Commission hasrequested that all materials be forwarded to them for review; C.T. Male alreadyhas materials; Mr. Moriello said that he will have the material to them beforetheir next meeting. The EnvironmentalCommission has already received a large file of material they are in the processof reviewing.

Councilman Minissali asked how wecan have assurance that the Environmental Commission will have time to reviewand comment on the project before we go to approval. Ms. Metzger stated that they have beenreviewing the project since the project started; they have formed an informalsub-committee to work with the Planning Board to work on submissions.

Councilwoman Greene asked how theEnvironmental Commission will communicate to the Town Board and Planning Board;Ms. Metzger said the sub-committee will report to the Planning Board and theTown Board Liaison. Ms. Metzger saidthat they would like to formalize the interaction through a change to the TownCode. Mr. Moriello restated that theapplicant has waived all time limits until the SEQRA review is finished.

Councilman Minissali recommendedthat the relationship between the Environmental Commission and the PlanningBoard be codified.

2. Highway Department BackhoePurchase: Carl Hornbeck, Highway Superintendent, has requested authorization topurchase from state bid a new 4 wheel drove backhoe/loader for $58,529.00 less atrade-in allowance of $13,500.00 for the present 1993 loader leaving a balanceof $45,029.00 which would be paid from Highway Capital Reserve.

A resolution will be presentednext week to authorize the purchase.

3. Meeting Summary JERB/DEC, January 24, 2008:The meeting took place at the DEC Regional #3 Headquarter, New Paltz, NY. Attendees from the Town ofRosendalewere: Supervisor McDonough, Planning ChairmanBilly Liggan, Mary Lou Christiana, Esq., attorney for the Town ofRosendale, Charles Vossand Dave Plant of C.T. Male, Town Planning Consultants.  DEC representatives were: Willie Janeway,John Parker, Peg Duke, Scott Sheeley, andBillRidge.

4. Land Use Leadership Alliance Training: A copy of e-mail to Supervisor McDonoughregarding upcoming training being held on four (4) days, April 4, April 18, May1, and May 9, 2008 at Norrie Point Environmental Site in Staatsburg, NY. Supervisor McDonough has application formsfor nomination of a Town representative; the deadline is March 7, 2008.

5. Contract with NY Rural Water Assn.: Thecontract is to complete groundwater resource mapping associated with theRosendale Groundwater Protection Plan. Aresolution will be presented next week.

6. Authorizing Ron Henry of the firmCommonwealth Electrical Inspection to conduct business in the Town ofRosendale. Tom Fiore, Rosendale Building Inspector, hasrequested additional electrical inspectors be approved to handle the increaseddemand in the Town. A resolution will bepresented next week.

7. Purchase of two (2) Toughbook LaptopComputers for the Police Department from Evolution Technologies at a total costof $10,270.00. A resolution will bepresented next week to authorize the purchase.

8. Purchase of Updated Telephone System for theJustice Court and Police Department. The current system is outdated andun-repairable; the cost of the updated system is $3,095.00. A resolution will be presented next week toauthorize the purchase.

9. Renewal of Customer Service and MaintenanceAgreement for Telephone System at339 Main Streetin the Assessor/BuildingInspector Offices. A resolution will bepresented next week.

10. Renewal of Customer Service and MaintenanceAgreement for the Telephone System at424 Main Street, Town Hall. A resolution will be presented next week.

11. Announce a Public Hearing to Approve TimeWarner Franchise Agreement. A resolutionwill be presented next week to set a hearing for March 5, 2008.

Dorothy Sterritt thanked theBoard on behalf of the Senior Citizens for the assistance in securing vanservice to the Congregate Meals site at the Community Center. Supervisor McDonough stated that LegislatorsTerpening andLomitaalso assisted and that LegislatorTerpening may have found a van for a long term solution.

Councilwoman Greene stated thatmany people cam out to vote in the primary early on February 5^thonlyto find out that the polls didn¡¦t open until noon; perhaps in the future wecould be sure that the information is put on the road sign at the entrance tothe Community Center.

AUDIT OF BILLS:

GENERAL FUND VOUCHERS¡¦ #49-137TOTALING $83,613.53

HIGHWAY FUND         ¡§           # 9-21           ¡§          $16,045.94

SEWER FUND               ¡§           #10-12           ¡§          $    825.55

WATER FUND              ¡§           # 9-13           ¡§          $    571.08

A motion to pay bills was mad byCouncilwoman Greene; seconded by Councilman Cluen. Roll Vote: 5Yes.

A motion was made by CouncilmanCluen to adjourn at 9:15 p.m.; seconded by Councilman Minissali.

Respectfully submitted,

DRAFT

TOWN OFROSENDALE

TOWN BOARD MEETING&AUDITOF BILLS

FEBRUARY 20, 2008

Meeting opened at 7:33 p.m. bySupervisor McDonough @ the Rosendale Community

Center.

PRESENT:CouncilwomanManna Jo Greene

CouncilmanKenneth Cluen

CouncilmanRichard Minissali

SupervisorPatrick McDonough

ABSENT:Councilman Gallagher

ALSO PRESENT: Fred Greitzer,Billy Liggan, Randi Morf, Judy Lenz, Ken Hassett, Tim Morrison and 12 otherresidents.

PETITIONS: None

PUBLIC INPUT: Jack Walsh wantedto know about the multi unit

Meter law possibly being repealed.The supervisor asked Councilman Minissali to

please explain. He said there wassome question as to enforcing it, also stated

there are still openings on thecommission. Councilman Minissali stated that theWater/Sewer district is still operating in thered and they are thinking on lowering

Usage rate from 5000 to 4000gallons.Jack asked should why his tenants and he   be penalized for followingthe law and having separate meters. SupervisorMcDonough said he did not know howthe board can pit one W/S customer

against another. Jack said the lawneeds to be enforced or something on that line.

Also asked who has final say TownBoard or Water/Sewer Commission, Pat saidTown Board. Councilwoman Greene said problem is still in definition ofwhat aunit is. CouncilmanMinissali restated W/S runs in the red until we do somethingto fix it. Supervisor told Jack it needs tobe addressed at W/S meeting.

Mark Morganstern andPeter Fiorentino spoke for Save the Lake. Patreminded them they would be able to address itduring the review process. Copyof thestatement is on file.

COMMUNITY EVENTS:

1)  Chili Bowl - Sat. February 23, 2008

2)   St. Patty¡¦s Dinner/Dance - March 15, 2008American Legion.

MINUTES OF PRIOR MEETING: Minutes of January 2, 9,&18, , 2008Town BoardMeetings were be accepted on motion by Councilwoman Greeneand second byCouncilman Cluen.

Roll Vote: 4 yes, 1 absent

Councilwoman Greene          Yes

Councilman CluenYes

Councilman GallagherAbsent

CouncilmanMinissaliYes

SupervisorMcDonoughYes

SUPERVISOR¡¦S FINANCIAL REPORT:ENDING BALANCE READ FORJANUARY.

COMMITTEE REPORTS :

Councilwoman Greene -Police Dept. dates have been set to start contractnegotiations again.Supervisor also stated 2full time position need to be filled temporary tostart.

Councilman Cluen-    Youth doing fine. Babysitting course being offered,

Working on fund raising, car show, etc.

Transfer Station going alongwell, collecting feesand makingmoney.

Courts making money like always. The two Vehicle&Traffic prosecutors are in placeand working out.

Councilman Minissali-W/Stalked about all ready, only want to add thatthe sewertreatment plant bond is almost paid off.

Chamber of Commerce had no Valentine event thisyear. Chili Bowl comingthis week and working onother things.

Zoning Board met with no actions, but have newmemberBrian Farmer.

Councilwoman Greene-Planning Board several line adjustments.Wildrosegoing along. JERB meeting tomorrow

night.

APPOINTMENTS&RESIGNATIONS:

Motion by CouncilmanCluen to appoint Stacia Torelli, YouthCommissioner. Seconded by Councilwoman Greene.                                                                                                Roll Vote - 4 yes, 1 Absent

1) Letter from NYS DEC re: LeadAgency Status on HRVR Application

Supervisor McDonough said DEC stillwants lead agency. They will hold public hearing in town . If the town can notcome to agreement with DEC Zone 3 thenthe matter will go to the Commissioner of the DEC for a decision as to who willtake lead agency. The JERB will meet tomorrow night to decided how to proceed.Town still will have the other matters to consider about the project.

2) RESOLUTION2-2008-# 1 Appointment of Alternate Member to Zoning Board of Appeals. Appointing DavidSoman for term February 2008 to February 2009.

A motion was made to adopt theresolution by Supervisor McDonough; seconded by Councilwoman Greene.     

Roll Vote: 4 yes, 1 Absent

Councilwoman GreeneYes

Councilman CluenYes

CouncilmanGallagherAbsent

CouncilmanMinissaliYes

SupervisorMcDonoughYes

3) RESOLUTION2-2008- #2 Authorizing Purchase of Backhoe for HighwayDepartment.

A motion was made by SupervisorMcDonough; seconded by Councilman Cluen to adopt the resolution. CouncilmanMinissali questioned if it was urgent that they get it, Supervisor McDonoughsaid yes.

Roll Vote: 4 yes, 1 Absent

Councilwoman GreeneYes

Councilman CluenYes

CouncilmanGallagherAbsent

CouncilmanMinissaliYes

SupervisorMcDonoughYes

4) RESOLUTION2-2008- #3 Authorizing Agreementwith NY Rural WaterAssociation for Groundwater Mapping.

A motion was made by Supervisor McDonough; seconded by CouncilmanMinissali to adopt the resolution.

Roll Vote: 4 yes, 1 Absent

Councilwoman GreeneYes

Councilman CluenYes

CouncilmanGallagherAbsent

CouncilmanMinissaliYes

SupervisorMcDonoughYes

5) RESOLUTION2-2008- #4 Authorizing Ron Henry of theFirmCommonwealthElectrical Inspection toConduct Business in Rosendale.

A motion was made by SupervisorMcDonough; seconded by Councilwoman Greene to adopt the resolution.

Roll Vote: 4 yes, 1 Absent

Councilwoman GreeneYes

Councilman CluenYes

CouncilmanGallagherAbsent

CouncilmanMinissaliYes

SupervisorMcDonoughYes

6) RESOLUTION2-2008- #5 Authorizing the Purchase of 2 ToughbookLaptop Computers for Police Department from Evolution Technologies.

A motion was made by SupervisorMcDonough; seconded by Councilman Cluen to adopt the resolution. Fred G. askedbrand, Rich thinks Panasonic.

Roll Vote: 4 yes, 1 Absent

Councilwoman GreeneYes

Councilman CluenYes

CouncilmanGallagherAbsent

CouncilmanMinissaliYes

SupervisorMcDonoughYes

7) RESOLUTION2-2008- #6 Authorizing the Purchase of Updated TelephoneSystem forJusticeCourtand Police Department.

A motion was made by SupervisorMcDonough; seconded by Councilman Manissali to adopt the resolution.

Roll Vote: 4 yes, 1 Absent

Councilwoman GreeneYes

Councilman CluenYes

CouncilmanGallagherAbsent

CouncilmanMinissaliYes

Supervisor McDonoughYes

8) RESOLUTION2-2008- #7 Authorizing the Renewal of Customer Serviceand Maintenance Agreement for Telephone System at339 Main Street.

A motion was made by SupervisorMcDonough; seconded by Councilwoman Greene to adopt the resolution.

Roll Vote: 4 yes, 1 Absent

Councilwoman GreeneYes

Councilman CluenYes

CouncilmanGallagherAbsent

CouncilmanMinissaliYes

SupervisorMcDonoughYes

9) RESOLUTION2-2008- #8 Authorizing the Renewal of Customer Serviceand Maintenance Agreement for Telephone System at424 Main Street.

A motion was made by SupervisorMcDonough; seconded by Councilman Cluen to adopt the resolution.

Roll Vote: 4 yes, 1 Absent

Councilwoman GreeneYes

Councilman CluenYes

CouncilmanGallagherAbsent

CouncilmanMinissaliYes

SupervisorMcDonoughYes

10) RESOLUTION -2008- #9 To hold a Public Hearing to Consider Whetheror Not To Adopt a Resolution To Authorize the Supervisor to Accept ProposedFranchise Agreement with Time Warner NY Cable, LLC, As Amended.

A motion was made by SupervisorMcDonough; seconded by Councilwoman Greene to adopt the resolution.

 Tim Morrison spoke about the question of HBO.He called Time Warner and they said they sent at letters offering a free box for6 months then $7.00 per month after that. Their phone number is 692-5339. Alsosaid channel 10 WRGBAlbanywent black but was still airing and islooking into it. Brenda from Time Warner said say was sending a list of Basic&extended channels. Councilwoman Greene wants letter written in regard tothe channel being removed and shifted to channels. Supervisor to send letter toTime Warner. Joan Jordan as resident asked if letter could be sent to PSC also.Supervisor agreed to do that. Councilman Minissali said let them know we are nothappy.

Tim also said he e-mailed finalcontact to Town Clerk Joan Jordan and we need 3 copies for signing.

Roll Vote: 4 yes, 1 Absent

Councilwoman GreeneYes

Councilman CluenYes

CouncilmanGallagherAbsent

CouncilmanMinissaliYes

SupervisorMcDonoughYes

FOR THE GOOD OF ROSENDALE:

Hal Sampson madestatement that since he came here in the 60¡¦s all heheard is howwe need business, now people are fighting it.

Lisa Resnick asked aboutthe bears in the area and if we can getinformation out to the public. DEC is doing training on the subject atthistime.

AUDIT OF BILLS:

GENERAL FUND VOUCHER¡¦S# 139-194TOTALING $ 30132.08

HIGHWAY FUND      ¡§              # 22- 38TOTALING $ 10617.64

SEWER FUND            ¡§             # 13- 27TOTALING $  4721.53

WATER FUND           ¡§              # 14- 28TOTALING $  4983.14

A motion was made byCouncilwoman Greene to pay bills,seconded by Councilman Minissali.

Roll Vote: 4 yes, 1 Absent

A motion was made by CouncilmanCluen to adjourn at 9:45 p.m.; seconded by Councilman Minissali.

Roll Vote : 4 yes, 1 Absent

Respectfully submitted,

Debra Tierney

DeputyTownClerk

TOWN OFROSENDALE                                                        DRAFT

TOWN BOARD MEETING&PUBLICHEARING

MARCH 5,2008

The meeting was called to ordersby Supervisor McDonough at 7:32 p.m. at theRosendaleCommunityCenterwith the Pledge to the Flag.

PRESENT:CouncilwomanManna Jo Greene

Councilman Robert Gallagher

Councilman Kenneth Cluen

Councilman Richard Minissali

SupervisorPatrickMcDonough

ALSO PRESENT: Tim Morrison, Chairman Cable Commission; Dan Baker, Assessor and abouttwenty residents.

PUBLIC COMMENTS: Jack Gouldsbury made a public apology for hisconduct at the last Town Board meeting.

APPOINTMENTS&RESIGNATIONS: Resignation of CherylSchneider from the Economic Development Commission. A motion was made to accept the resignationof Cheryl Schneider from the Economic Development Commission; seconded byCouncilwoman Greene with thanks and regrets. Roll Vote: 5 Yes.

Appointment of Kenneth Cluen asDeputy Supervisor. A motion was made bySupervisor McDonough to appointment Councilman Cluen as Deputy Supervisor at asalary of $1,200.00 per year payable at $100.00 per month; seconded byCouncilman Minissali. Roll Vote: 5 Yes.

Appointment of Dennis Kaye asChairman of Economic Development Commission. A motion was made by Supervisor McDonough to appoint Dennis Kaye asChairman of the Economic Development Commission; seconded by CouncilmanGallagher. Roll Vote: 5 Yes.

Appointment of Kyle Frano andOwen O¡¦Connell as temporary full time police officers until the Countyeligibility list comes out. A motion wasmade by Supervisor McDonough to appoint Kyle Frano and Owen O¡¦Connell astemporary full time police officers; seconded by Councilman Gallagher. Roll Vote: 5 Yes.

PUBLIC HEARING ON PROPOSEDTIME WARNER FRANCHISE CONTRACT:

The Notice of Public Hearing wasread by the Town Clerk at the request of Supervisor McDonough.

Tim Morrison reviewed how theCommission arrived at the current contract; they gathered accepted franchisecontracts from other communities and tried to embellish them to the Town¡¦sbenefit. Tim said we don¡¦t have muchroom to negotiate on these contracts but we were able to get a greater distance,250 feet, for service runs; most of the contract is dictated by FCCregulations. Tim stated that ourattorney said that this contract is ¡§written in English¡¨ unlike most. Tim asked that he be advised of any commentsfrom the public so that he can ¡§short stop¡¨ any problems. Councilman Gallagher stated that under thenon-profit organizations eligible for free service, theBrooksideSchoolwas omitted; Supervisor McDonoughand Tim will take care of looking into the matter. Ken Oldehoff asked how long the contract willrun; he was told the standard ten (10) years; Supervisor McDonough stated thatthe contract left the term blank at this point. Tim stated that NYS is trying to grapple with franchise agreementsstatewide. Question was raised abouttechnology; the response is that technology is not mentioned in the contract asit deals with television not high speed internet and telephone services.

Tim continued that the franchisefee of 2% will continue since the Commission feels that this is a direct feepassed on to the consumer; we could raise or lower the fee with a letter to TimeWarner at will. The fee presently goesinto the General Fund but Tim said that it can be used to promote and supportpublic access services; the franchise fee is only on basic and extendedtelevision services, not roadrunner.

The Public Hearing was left openat this point.

2. A resolution authorizingacceptance of the Time Warner Franchise Agreement will be presented nextweek.

3. Presentation: Eileen Camasso, Superintendent of RondoutValley Central School District, gave a presentation on the Capital BuildingProject for the district which is to be voted on March 11^thfrom 6:00a.m. until 9:00 p.m. at the High School Gym. Ms. Camasso stated that this proposition will add additional educationalspace in the form of science labs and music rooms; the proposition if acceptedwill come back as a tax neutral project or tax negative; the district isapplying $1.164 million dollar surplus from the close out of old capitalprojects which will make the project tax negative. Ms. Camasso stated that NYS is giving taxbreaks of 65.5% in aid; this would result in the district making $800,000.00over the 15 years of the bond. Ms.Camasso encouraged everyone to get out and vote on March 11^th.

4. Discussion: WebsiteConsultant: Supervisor McDonough statedthat he would like Amy CoteƒU to be appointed as our website consultant for 3-5hours per month at $20.00 per hour.

A motion was made by SupervisorMcDonough to hire Amy CoteƒU as website consultant for 3-5 hours per month at$20.00 per hour; seconded by Councilman Minissali. Roll Vote: 5 Yes.

5. Discussion: Noise Ordinance and Waste Haulers. A problem has arisen with haulers in the Townpicking up in some areas between 3:00 a.m. and 7:00 a.m. in residential areaswhich violates our noise ordinance; we need to strengthen our enforcement. New Paltz prohibits garbage collectionbetween 8:00 p.m. and 7:00 a.m.; Councilwoman Greene suggested perhaps we shouldconsider having the time no earlier than 6:00 a.m. during the week so as not tobe to restrictive of the haulers. Supervisor McDonough said that in order to change the hours we would needto conduct a public hearing; we could do that by resolution next week. Jennifer Metzger ofMountain Roadaskedabout barking dogs around 4:00 a.m.; that would be covered between the noiseordinance and the dog control law she was told.

6. Land Use LeadershipAlliance(LULA)Training. Jennifer Metzger will beattending; Supervisor McDonough stated that he had planned to attend but sinceattendance at all four sessions is required he will have to forgoattending. Supervisor asked if there wasanyone else interested in attending; he asked Jennifer to check with members ofRCCE.

7. Authorizing the Assessor toUndertake a Town-wide Reassessment of Real Property. A short discussion took place. A resolution will be presented next week toauthorize going forward.

8. Contract AuthorizingCommercial Valuation Services. Aresolution will be put forth next week to authorize Michael Dunham to provideservices for determining values for all commercial properties in the Town ofRosendaleforimplementation in the 2009 assessment roll. Assessor Dan Baker stated that this will help to make the assessment ofcommercial property more equitable with the residential properties and help allproperty owners to ¡§pay their fair share¡¨.

9. Contract Authorizing ComplexCommercial Appraisal of Criterion Atlantic Property (IMAR). Discussion followed about Iron Mountain(IMAR) and their annual challenge to their assessment. Councilman Minissali asked if we could justwrite a letter to the CEO of Iron Mountain and explain what an expense this isto the Town and ask them to cease the challenge; Dan Baker explained that theyare entitled to challenge their assessment just like any other land owner. A resolution will be presented next week toenlist the services Don McGrath&Company for a fee not to exceed$5,000.00.

10. Purchase of a Vehicle by thePolice Department. A resolution will bepresented next week to authorize purchase of a 2008 Ford Crown Victoria fromWarnock Fleet and Leasing for a total cost of $22.222.00; the first payment, $11,625.35, to be paid from the Police Equipmentbudget. This purchase will be under theterms of NYS Bid process.

11. Discussion: Hiring Two newPart-time Police Officers: ChiefDiBattista has begun background checks on two officers, currently servingpart-time with the Ellenville Police Dept., since the last Police Commissionmeeting was cancelled, therefore no decision was made. Supervisor McDonough said he would like tohave a decision before the Police Commission meeting on the 4^thTuesday of the month at 3:30 p.m. at the Community Center. Supervisor McDonough said that there isconcern that part-time officers have been working 40 hour shifts for too longand fears we could get in trouble with theUnion.

12. Draft Copy of the Route 32Corridor Design Guidelines and Standards. A copy of the draft document dated November 2007 was included in Boardfolders for review.

13. Quality CommunitiesInitiative Grant: Zoning Code Review Committee: Supervisor McDonough stated that grant money is available and we shouldlook into applying; we should be looking at non-conforming areas of theTown. C.T. Male has stated that theywould assist us in applying for the grant which must be completed by thefall.

The Environmental Commissionraised question about the karst related to Wild Rose Development and having theTown Board intervene; a response from Supervisor McDonough stated that we areawaiting a legal opinion on whether the Town Board can weigh in to influence thePlanning Board on this matter; it is believed that they Town Board can not.

A motion was made by SupervisorMcDonough to hold the public hearing on Time Warner open to written comment onlyuntil March 12^th; seconded by Councilman Cluen. Roll Vote: 5 Yes.

AUDIT OF BILLS:

GENERAL FUND VOUCHER¡¦S #200-239TOTALING $10,103.02

HIGHWAY FUND        ¡§            # 39- 47        ¡§           $ 9,780.92

SEWER FUND              ¡§            # 29- 35        ¡§           $ 4,475.12

A motion was made by SupervisorMcDonough and seconded by Councilman Gallagher to pay the bills. Roll Vote: 5 Yes.

A motion was made by CouncilmanCluen to adjourn at 9:33 p.m.; seconded by Councilman Gallagher. Roll Vote: 5 Yes.

Respectfully submitted,

Joan S. Jordan

Town Clerk

TOWN OFROSENDALE                                  DRAFT

TOWN BOARD MEETING

MARCH 12,2008

The meeting was called to orderby Supervisor McDonough at 7:30 p.m. at theRosendaleCommunityCenterwith the Pledge to the Flag.

PRESENT:CouncilwomanManna Jo Greene(arrived at 7:40 p.m.)

CouncilmanKenneth Cluen

CouncilmanRichard Minissali

SupervisorPatrick McDonough

ABSENT:Councilman Robert Gallagher

ALSO PRESENT: Tim Morrison, CableCommission; Ed Maestro, Environmental Commission; Gary Jacobson and FredGreitzer, Planning Board; and about a dozen residents.

PETITIONS: No petitions werepresented.

PUBLIC COMMENTS: There were no comments presented.

COMMUNITY EVENTS:

1.Fri., March 14^th¡VRepublican Fish Fry ¡V Community Center ¡V 5:00 to 7:00 p.m.

2.Sat., March 15^th¡VAmerican Legion St. Patrick¡¦s Day Dinner

3.Mon., March 17^th,5:00- 8:00 p.m. ¡V 4^thAnnual Democratic Corned Beef Dinner

4.Fri., March 21^st,GOOD FRIDAY ¡V TOWN OFFICES CLOSED

5.Sat., April 19^th¡V8a.m. to 1 p.m. ¡V Household Hazardous Waste Collection, UCRRA

6.Sat., April 26^th¡VBeltane Festival, Center for Symbolic Studies

MINUTES OF PREVIOUSMEETINGS: The minutes were not acceptedat this time; review and a few minor changes (spelling) were made to the draftminutes. A motion was made at the end ofthe meeting by Councilwoman Greene to accept the minutes of February 6, 20 and21; seconded by Councilman Cluen. RollVote: 4 Yes, 1 Absent.

COMMITTEE REPORTS: CouncilmanCluen reported that DFY has sign ups for T-Ball and registrations for SummerCamp going on; May 18^thfrom 10-4 is the Annual Car Show; a DefensiveDriving Class is being given of April 28&29^th, cost $40.00 with$10.00 going to the Youth Commission. The Transfer Station report stated they are covering expenses. Councilman Cluen also reported that UlsterCounty has revived the Municipal Recycling Committee and Rayne Kouhout (ourRecycling Coordinator) will be serving on that Committee.

Councilman Minissali reportedthat the Water/Sewer Commission is still in need of members; they had no quorumfor the last meeting and could not conduct business; ZBA had no applicationspending or submitted.

Councilman Minissali reported forCouncilwoman Greene on the Planning Board meeting that he attended; the WildRose Subdivision (21 cluster homes offBruceville Road) was under discussionrelating to their Stormwater Compliance. Councilman Minissali stated that the meeting became a little contentiousand the attorney¡¦s for Wild Rose read the EAF (Environmental Assessment Form)point by point. Fred Greitzer, PlanningBoard member, interjected that three members of the Planning Board had attendeda training session the night before (3/11) on Stormwater Better Site Designwhich should help in the review of this project.

Councilwoman Greene reported thatthe Police Commission had no meeting in February due to inclement weather,however the Police Union contract negotiations are under way. 

SUPERVISOR¡¦S FINANCIALREPORT: Supervisor McDonough read theend balances for February; the report is on file with the Town Clerk.

APPOINTMENTS: Supervisor McDonough stated that Police ChiefDiBattista has provided copies of the applications of the two candidates for thetwo part-time police officer positions; he is requesting that the appointmentsbe made now to ease the scheduling problem. Chief DiBattista has started the background checks (both are currentlymembers of the Ellenville Police Dept.) since the Police did not meet last monthto approve their hiring; the appointments will be contingent upon the completionof background checks and the recommendation of the Police Commission.

A motion was made to hire JosephNuzzo and Joshua Caliendo as part-time police officers, contingent uponbackground checks and recommendation of the Rosendale Police Commission;seconded by Councilman Minissali. RollVote: 4 Yes, 1 Absent.

Supervisor McDonough stated thatthree previously appointed positions need to be re-appointed due to thirty daysexpiring without the individuals taking the oath of office for variousreasons. The re-appointments are: Thomas Loughlin, Assessment Board of Review,5 years; Nora Snyder, Youth Commission, 2 years; Matt Terpening, YouthCommission, 2 years.

A motion was made by SupervisorMcDonough to re-appoint Thomas Loughlin, Nora Snyder, and Matt Terpening to thepositions named above; seconded by Councilman Cluen. Roll Vote: 4 Yes, 1 Absent.

1). Time Warner PublicHearing: Supervisor McDonough asked theTown Clerk if any written comments had been received since the meeting on March5^th; her response was ¡§none had been received¡¨. Supervisor McDonough then asked that a motionbe made to close the public hearing.

A motion was made by CouncilmanMinissali to close the Time Warner public hearing; seconded by CouncilmanCluen. Roll Vote: 4 Yes, 1 Absent.

2). RESOLUTION3-2008-#1Authorizing a Franchise Agreement with Time Warner.

Tim Morrison, Chairman of CableCommission, thanked the Town Board, Mary Ann Lonsbury; Deb Tierney and JanetMitchell for their work over the last 2-1/2 years bring this agreement tofruition. Tim also gave a copy of thecable ready channel schedule to the Town Clerk for distribution to residentsreceiving basic services.

Tim also made the recommendationto the Town Board that the Cable Commission be dissolved; there are no furtherfranchise issues and should Verizon come in,New YorkStateis looking to take franchises out ofthe hands of the Towns. Tim stated thatsince he has established a network with Time Warner, he would be willing tocontinue assisting the Town in any way he could related to cablevision.

Supervisor McDonough said that hewill look into what needs to be done to dissolve the Commission.

A motion was made by SupervisorMcDonough to adopt the resolution to accept the Franchise Agreement with TimeWarner Cable; seconded by Councilman Cluen. Roll Vote:

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

3). RESOLUTION3-2008-#2Announcinga Public Hearing to Update the Town Noise Ordinance. Supervisor McDonough related that there havebeen many complaints about the early hours of waste haulers by residents invarious areas of Town. CouncilwomanGreene stated that having worked with the haulers over the years she hopes wecan work with them so as not to be to severe; she feels that an 8:00 p.m. to6:00 a.m. curtailment to pick ups would work better than the mentioned 8:00 p.m.to 7:00 a.m.; she further wanted to make the haulers aware of the public hearingso they can participate in the process of updating the ordinance. Discussion also took place relating to therecent increase in fly-over noises fromStewartAirport; this should also be addressedduring the update. Ed Maestro of theEnvironmental Commission stated that we need to apply equal force to have thePort of Authority and the FAA consider Stewart Airport as a regional airportrather than a fourth metropolitan airport. The merits of forming or joining a group to oppose expansion ofStewartAirportwere brieflydiscussed; this will be on going.

A motion was made by SupervisorMcDonough to schedule a public hearing for April 2, 2008 to consider whether toamend the Town Code Chapter 47 Sections 3 and 6 of the Noise Ordinance; secondedby Councilman Minissali. Roll Vote:

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

4). Discussion: 17^thAnnual Beltane Festival Site Plan: Supervisor McDonough has addressed the site plan to our Mass GatheringLocal Law which has a threshold of 1,000 people even though they fall below thatattendance figure. Supervisor askedBoard members to review the plan and we will vote on accepting the site plan atour April 2^ndmeeting.

5). RESOLUTION3-2008-#3Authorizing the Assessor to Undertake a Town-wide Reassessment of RealProperty. A very brief discussion tookplace about the process.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Cluen.  Roll Vote:

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

6). RESOLUTION3-2008-#4Authorizing Commercial Valuation Services. The resolution authorizes the Supervisor to sign the proposal withMichael Dunham for Commercial Valuation Services for a total cost of$5,500.00. This valuation does notinclude Iron Mountain Property which is addressed separately.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilwoman Greene. Roll Vote:

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

7). RESOLUTION3-2008-#5 Authorizing Agreement for Complex Appraisalof Criterion Atlantic Property. Thisresolution is to authorize the services of Don McGrath&Company to performa complex commercial appraisal of the Criterion Atlantic property (IronMountain).

A motion was made by SupervisorMcDonough and seconded by Councilwoman Greene to adopt this resolution. Roll Vote:

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

8). RESOLUTION3-2008-#6 Authorizing Agreement for Purchase of PoliceVehicle.

This resolution authorizes thepurchase of a 2008 CrownVictoriafrom Warnock Fleet and Leasing underNYS Contract bid #55667 for a total of $22,222.00 with the first payment of$11,625.35 coming from thePolice Dept.2008budget.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Cluen. Roll Vote:

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

9). RSOLUTION3-2008-#7 Accepting Agreement with Dominick DiviestiGeneral Contractor. The resolution isfor the needed masonry work and painting of the Rosendale Town Pool as set forthin contract for a cost not to exceed $23,900.00. It was noted that a $15,000.00 grant from theLifeBridge Foundation is expected to help offset this cost; Supervisor McDonough noted that at theoutset, 4 years ago, of these renovations to the pool it was expected to exceed$100,000.00.

A motion was made by SupervisorMcDonough to accept the resolution; seconded by Councilman Cluen. Roll Votes:

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

10). RESOLUTION3-2008-#8 Authorizing Expenditures from Water DistrictCapital Reserve. The resolutionauthorizes payment to O¡¦Brien and Gere for final engineering services for therehabilitation of the Sand Hill Water Tank in the amount of $10,350.00, saidmonies having been previously set aside for such purposes.

A motion was presented bySupervisor McDonough to adopt the resolution; seconded by Councilman Cluen. Roll Vote:

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

11). CORRESPONDENCE: SupervisorMcDonough stated that information had been received from the Ulster CountyHealth Dept. regarding the situation with dead or dying bats being foundthroughout Rosendale; it was stated that anyone finding such animal should nottouch it but put them in a container or baggie and notify the Health Dept. forpick-up and analyzing. Materials weremade available and the contact numbers for the Health Dept., 340-3023, weredisseminated to the public.

Councilwoman Greene mentionedthat there are serious erosion problems at the back of the Recreation propertyspilling silt into the stream which need to be addressed.

Supervisor McDonough stated thathe is sending out letters to departments for possible member for the ZoningReview Committee which will consist of 5 members from the Town and 4 memberseither from the public in general or from the hamlets. Councilman Minissali asked that a calendar beprovided for this process.

AUDIT OF BILLS:

GENERAL FUND VOUCHER¡¦S #240-296 TOTALING $46,398.10

HIGHWAY FUND        ¡§             # 48- 66         ¡§           $23,799.29

SEWER FUND              ¡§             # 36-47          ¡§           $ 4,087.97

WATER FUND   ¡§             # 36-45          ¡§            $ 4,001.50

A motion to pay vouchers was madeby Councilman Minissali; seconded by Councilwoman Greene. Roll Vote: 4 Yes, 1 Absent.

A motion was made by CouncilmanMinissali to adjourn at 9:21 p.m.; seconded by Councilman Cluen.

Respectfully submitted,

Joan S. Jordan

Town Clerk

TOWN OFROSENDALE                                                                  DRAFT

TOWN BOARD WORKSHOP MEETING

PUBLIC HEARING NOISE ORDIANCEAMENDMENT

APRIL 2,2008

The meeting was called to orderat 7:31 p.m. by Supervisor McDonough at theRosendaleCommunityCenterwith the Pledge to the Flag. Supervisor McDonough asked that all remainstanding for a moment of silence in memory of Walter Helmuth, aMain Streetresident, who passed away recently.

PRESENT:Councilman Robert Gallagher

CouncilmanKenneth Cluen

CouncilmanRichard Minissali

CouncilwomanManna Jo Greene(arrived at 7:40p.m.)

SupervisorPatrick McDonough

ALSO PRESENT:Nick Mercurio, Tim Morrison, Ken Hassett,Shayne Gallo (attorney for Town) and about 12 residents.

PUBLIC COMMENTS: Mr. Ade addressed his concern about cats inthe Town; he recently had damage to his vehicle by a neighbor¡¦s cat. Mr. Ade asked if cats could be included inour Town Code under the dog control; also is there or could there be a limit tothe number of animals that can be harbored as pets and what would constitutenuisance. Supervisor McDonough said thathe has researched the Code and found nothing pertaining to cats but he can checkfurther with other towns and see if they have anything to offer. Mr. Ade stated that the neighbor¡¦s cats areallowed to roam free and they spray with no sense of responsibility from theowner for the cats; a suggestion was made that he try mediation at no cost. Ken Oldehoff stated that there are cats aspets and then there are the feral cats; Mr. Ade responded that these are¡§pets¡¨.

The issue of early trashcollection was brought up; the couple stated they were awakened this morning at4:00 a.m. in the Tillson area; Supervisor McDonough stated that these concernswill be addressed in the public hearing and are part of the recommendedamendment to the Town Noise Ordinance.

APPOINTMENTS/RESIGNATIONS: Supervisor McDonough stated that Judy Lenz,ZBA Clerk, has submitted her resignation effective April 14^th.

A motion was made by CouncilmanMinissali to accept the resignation of Judy Lenz as ZBA Clerk; seconded byCouncilman Cluen. Roll Vote: 5 Yes.

Supervisor McDonough stated thatthe Recreation Commission has made recommendation that Heidi Jewett be hired aspart-time Recreation Manager at the rate of $400.00 per week, 1040 hours peryear. It was explained that during thesummer she will work more hours than during the off-season so a straight salarywill work best. Ann Citron and ShariDoherty, Recreation Commissioners, were in attendance; Ann Citron said that weare fortunate to get Heidi, she has had more than 20 years experience withMohonkMountainas theirrecreation director.

A motion was made by CouncilmanGallagher to appoint Heidi Jewett as Part-time Recreation Manager at a salary of$400.00 per week; seconded by Councilwoman Greene. Roll Vote: 5 Yes.

1). PUBLIC HEARING: Proposed Amendment to Town Code Chapter 47,Sections 3 and 6 of the Noise Ordinance. The Notice of Public Hearing was read by Town Clerk; hearing opened forpublic comment. Councilwoman Greenenoted that the fine of $250.00 was to low to be a deterrent; she stated that theviolation for recycling is $1,000.00 per offense; we should think about thefine. Supervisor McDonough asked ShayneGallo, attorney for the Town, if we are limited to the amount that can be leviedas a fine. Mr. Gallo said that we couldraise the fine but it could have a chilling effect on the Town if haulers decideit¡¦s too expensive to do pick-up in Rosendale.

Joe Roddy stated that thepurposed 6:00 a.m. time is unreasonable; it¡¦s putting an unreasonable burden onthe haulers to complete their routes.

Tim Morrison asked who would becalled for violations; Supervisor McDonough said that the Rosendale Police Dept.would be responsible and if our own officers are not available it would rollover to the Ulster County Sheriff. Mr.Morrison also questioned about barking dogs; Supervisor McDonough said we have adog control officer who is available 24/7.

Someone questioned whether therewas one company at fault and has anyone tried talking to them. Supervisor McDonough said ¡§yes¡¨ BobGallagher when he was Supervisor spoke with the haulers and they change theirroutine for a while and then it¡¦s back to the old routine.

Ken Oldehoff asked if the Boardthinks this will work; Councilman Gallagher said ¡§it at least gives us somecontrol¡¨.

Councilwoman Greene asked themedia present to cover this story so the haulers are aware of what is happeningbefore we impose the fines.

Ken Hassett commented that thetickets when written for these offenses are written to the driver, not thecompany; this seems unfair as the driver does not set the schedules.

Shayne Gallo said that perhaps itwould better serve to add ticket to driver and the company.

No further comments beingoffered, Supervisor McDonough said we will move on with the agenda and leave thehearing open until later.

2). A Resolution Amending Town Code Chapter 47,Sections 3 and 6 of the Noise Ordinance. The resolution will be presented nextweek.

3). A Resolution authorizing signing an agreementto provide sewer service to a property owner on Ann Street will be presentednext week; a copy of the proposed agreement is in Board folders.

Councilman Minissali questionedabout a negative declaration; Supervisor McDonough stated that any problems withthe negative declaration could come up when plans come forward for the use, theymust agree with the agreement and the Town Code.

Joe Roddy stated that the currentsewer plant can¡¦t handle this; the plant is already at 85%. Supervisor McDonough said he has discussedthis with Terry Johnson, Water/Sewer Superintendent, and he says its okay forthe proposed daily out-put. SupervisorMcDonough and Shayne Gallo further stated that the property owner can be put onnotice if they exceed the daily use quota. Mr. Gallo said that the Town can negotiate later for a dollar amount.

Nick Mercurio asked if this hasto go out to bid; Supervisor McDonough responded ¡§no¡¨ this is an agreementwith a single owner. Shayne Gallo statedthat this agreement binds the present owner and future heirs; changes can not bemade without Town approval.

Joe Roddy commented that we havedumped raw sewage in the Creek when heavy storms have hit; Supervisor McDonoughresponded that we haven¡¦t done this in several years and it is not raw sewage,it is untreated water only that is dumped and Ulster County Health Dept.acknowledges it being done.

Ken Hassett said that when thereed beds come on line it will reduce the percentage of use capacity; SupervisorMcDonough it will reduce the usage by 15% or better.

Councilman Minissali questionedthe additional maintenance costs. Supervisor McDonough stated that the Water/Sewer Commission reviewed thissituation in 2005 or so and they felt this would be a good idea since thoseseptic systems were failing; the owner must meet all Town specs and requirementsfor connection before the Town will accept the dedication and if at any pointthe negative declaration becomes a positive the agreement will become null andvoid.

Supervisor McDonough said thatthe Water/Sewer Commission reviewed this situation back in about 2005 and feltit was a good idea to extend service.

Ken Hassett interjected that thiswill also help the bottom line of the sewer district.

4). A resolution will be presented next weekauthorizing our intention to participate in the NYS Office Real Property Service6-Year Plan. This resolution is in addition to the resolutions previously passedto reassess all properties in the Town.

5). Approval of the Site Plan for the BeltaneFestival. The site plan is submittedeven though they do not meet the necessary threshold for a mass gathering;Supervisor McDonough stated that we must notify them of the change of FireMarshal, from Kevin Hines to Dave Massimi.

A motion was made by CouncilwomanGreene to accept the Beltane Site Plan; seconded by Councilman Cluen. Roll Vote: % Yes.

6). A resolution will be presented next weekauthorizing the Supervisor to enter into an agreement with MX Energy to provideelectric service to the Town. SupervisorMcDonough stated they claim they could have saved us $10,000 for electric on allexcept the lighting districts; maintenance and services will remain theresponsibility ofCentral Hudson.

Councilwoman Greene asked aboutselling electric (from the solar panels at the Community Center) back to thiscompany and what dollar amount will be paid. Councilman Minissali asked if the company had references and if they hadbeen checked; Supervisor McDonough stated that the company was onCentral Hudson¡¦slist of approved providers.

7). Discussion: Consideration of creating a locallaw regulating outdoor wood burning boilers; this would be for regulating notprohibiting wood boilers. A question wasasked if this would allow ¡§grandfathering¡¨ of existing boilers; SupervisorMcDonough responded that Dave Massimi would have to look into that particulararea.

Nick Mercurio asked if theseregulations fall under the NYS Fire Code; Supervisor McDonough stated that hedid not believe they are covered therefore we want to regulate setbacks fromneighboring properties, chimney heights and smoke emissions until NYS doessomething definite.

Councilman Minissali addressedthe fact that Mr. Massimi does not charge for issuing burn permits; there shouldbe some kind of fee since they require inspections of sites prior to issuing thepermit. This will be looked into.

8). A resolution will be presented next week toseek sealed bids for purchase and removal of scrap metal from the RosendaleTransfer Station. The bid packet is thesame as the bid packet used in 2007 and will be available at the Town Clerk¡¦sOffice.

9). A resolution will be presented next week fora lease and agreement with Prestige Services for the Senior Nutrition Programheld at the Rosendale Community Center.

DATES TO REMEMBER:

1.April 9^th¡V Town BoardMeeting

2.April 9^th¡V UC Care-A Van atCommunity Center, 11 am to 3 pm

3.April 19^th¡V Spaghetti Dinner,Bloomington Reformed Church

4.April 19^th¡V Household HazardousWaster Collection at UCRRAQ, 8am-1pm

5.April 26^th¡V 18^thAnnual Beltane Festival at Stone Mountain Farm/Center for Symbolic Studies, 1 pmto 11 pm

6.May 3^rd¡V Rosendale Energy Expoand Earth Fest at Community Center

A motion was made by SupervisorMcDonough to hold open the Public Hearing to consider amending the Town CodeChapter 47, Noise Ordinance until April 9^thfor written comments;seconded by Councilman Gallagher. RollVote: 5 Yes.

Town Clerk, Joan Jordan, advisedthose present that the Ulster County Health Dept. had contacted her that all thebats that have been picked up and tested so far have not had rabies. It is advised that anyone finding bats,either dead or alive, contact the Ulster County Health Dept. or DEC to be pickedup for testing.

Councilwoman Greene asked ifthere has been any progress on the Zoning Ad Hoc Committee. Supervisor McDonough said he will put it onthe web; maybe by next month we can initiate meetings with Fred Greitzerpossibly as guide and Billy Liggan as an alternate. Councilman Gallagher stated that he felt thecommittee should be kept to a low number; Supervisor McDonough said he waslooking at nine (9) members, five (5) from the community and the remaining fourfrom Town Commissions and Boards.

AUDIT OF BILLS:

GENERAL FUND VOUCHER¡¦S #305-341TOTALING $33,536.09

HIGHWAY FUND        ¡§            # 67-73          ¡§           $10,529.53

SEWER FUND              ¡§            # 49-52          ¡§           $    514.92

WATER FUND             ¡§            # 47-50          ¡§           $     247.97

SHAWNGUNK PART  ¡§            #1      ¡§           $     150.00

A motion was made by CouncilwomanGreene to pay the bills; seconded by Councilman Gallagher. Roll Vote: 5 Yes.

A motion was made by SupervisorMcDonough to adjourn in memory of Walter Helmuth at 9:15 p.m.; seconded byCouncilman Cluen.

Respectfully submitted,

Joan S. Jordan

Town Clerk

TOWN OFROSENDALE                                                        DRAFT

TOWN BOARD MEETING/PUBLIC HEARING(CONT.)

APRIL 9,2008

The meeting was called to orderby Supervisor McDonough at 7:38 p.m. at theRosendaleCommunityCenterwith the Pledge to the Flag

PRESENT:Councilman Kenneth Cluen

CouncilwomanManna JoGreene

SupervisorPatrickMcDonough

ABSENT:Councilman Robert Gallagher

Councilman Richard Minissali

ALSO PRESENT:One (1) student, about ten (10)residents.

PETITIONS: No petitions were presented

PUBLIC COMMENTS: Faith Larrabee-Kwiecinski addressed the Boardabout the situation that occurred about a month ago at her property on CreekLocks Road resulting from a severe storm that caused wastewater backup into herbasement. Ms. Larrabee-Kwiecinski statedthat her basement was flooded with feces and wastewater nearly a month ago; herinsurance company has refused to pay the claim stating that it is theresponsibility of the Town; our insurance refuses to pay saying it is not ourfault, we did all that was required of us. Ms. Larrabee-Kwiecinski wanted to know what the Town was going to do;Supervisor McDonough stated that he ¡§unilaterally¡¨ provided a roll-offdumpster to assist them in getting the damaged materials out of the basement andtold them that this is ¡§bureaucracy¡¨ and they would have to clean out thebasement themselves, not wait for a check before doing it. Asst. Chief Joe Poczciwinski of the RosendaleFire Dept. showed pictures of the basement and that were taken and it was statedthat Serv-Pro, which was on site at some point, also had pictures of the damage;these pictures were not submitted to either insurance company. The discussion went back and forth betweenthe Board and Ms. Larrabee-Kwiecinski; it was advised that the family should goahead and do the clean-up and not wait for a settlement because of thebureaucracy (there was no prior notice) and that they also resubmit the picturesto their insurance company though it is doubtful their decision will change.

Bill Moylan and Joe Poczcciwinskiboth stated that this situation was not created by flooding; it came from thesewer drain pipe and that the Town should take responsibility and correct theproblem of the stormwater surges. Mr.Moylan suggested that if the Town insurance company refuses to pay, the Townshould look for another insurance company. Mr. Moylan also asked if anything was being done about the floodingsituation on Rt. 32 at the ¡§Fann¡¦s¡¨ plaza; Supervisor McDonough stated thatthe State DOT has refused to do anything by saying that the culvert is underprivate property. Mr. Moylan suggestedthat the road at this point and onBinnewater Roadbe raised by two (2) feetto bring them above the flood level.

Councilwoman Greene stated thatthe Rondout Creek Watershed is addressing these issues and will be having a daylong seminar/meeting at a time/date to be announced on flood mitigation.

COMMUNITY EVENTS:

1.April 19^th¡VSpaghetti Dinner, Bloomington Reformed Church

2.April 19^th¡VHousehold Hazardous Waste Collection at UCRRA, 8am-1pm

3.April 26^th¡V18^thAnnual Beltane Festival at Stone Mountain Farm/Center forSymbolic Studies, 1pm-11pm

4.April 26^th&April 27^th¡V Free 1-month memberships available at MohonkPreserve

5.May 3^rd¡V RosendaleEnergy Expo and Earth Fest atRecCenter

6.May 19^thto May24^th¡V Metal Amnesty Week at Transfer Station during regularbusiness hours

MINUTES OF PRIOR MEETINGS: A motion was made by Councilwoman Greene toaccept the minutes of the March 5^thand March 12^thmeetings; seconded by Councilman Cluen. Roll Vote: 3Yes, 2 Absent.

COMMITTEE REPORTS:

Councilman Cluen reported thatthe Transfer Station is doing fine, covering expenses and are accepting bids forscrap metal and waste oil. DFY isworking on their annual car show to be held in May; attendance has doubled sincelast March; they are planning to do street clean-up on Rosendale Day as theyhave in the past; registrations are taking place for tee-ball and summercamp. Environmental Commission is linedup to become a serious part of the Planning Board process by codifying.

Councilwoman Greene stated thatthe Police Commission has hired two (2) new part-time police officers andnegotiations are continuing on the new contract. Ms Greene stated that she missed the PlanningBoard meeting so has nothing to report.

SUPERVISOR¡¦S FINANCIALREPORT: Supervisor McDonough read theend balances; the report is on file with the Town Clerk.

RESIGNATIONS&APPOINTMENTS: Supervisor McDonoughannounced the resignation of Trudy Harper as part-time Justice Court Clerk.

A motion was made by CouncilmanCluen to accept the resignation of Trudy Harper as part-time Justice CourtClerk; seconded by Councilwoman Greene. Roll Vote: 3 Yes, 2 Absent.

Supervisor McDonough stated thatthe Court would like to have Mandy Constable appointed as part-time JusticeCourt Clerk.

A motion was made by CouncilwomanGreene to appoint Mandy Constable as part-time justice Court Clerk (twenty (20)hours per week) at a rate commensurate with the previous clerk; seconded byCouncilman Cluen. Roll Vote: 3 Yes, 1 Absent.

CLOSING PUBLIC HAEARING: Supervisor McDonough stated that the publichearing on the proposed amendment to the Town Code Noise Ordinance was left opento written comments until this time; three (3) comments were received from BobBushman, Ron Fleitman and Jim Kennedy all favoring the amendment.

A motion was made by SupervisorMcDonough to close the public hearing at 8:15 p.m.; seconded by CouncilwomanGreene. Roll Vote: 3 Yes, 1 Absent.

RESOLUTION4-2008-#1AmendingTown Code Chapter 47, Sections 3, 6&7 of the Noise Ordinance.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Cluen. Roll Vote:

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliAbsent

SupervisorMcDonoughYes

RESOLUTION - Tabled: AuthorizingAgreement to Provide Sewer Service to Property Owner ofAnn Street(Aleo).

Supervisor McDonough announcedthat three (3) minor changes were made to the agreement by our attorney, ShayneGallo related to indemnification; owner¡¦s obligation ends if owner transfersthe property.

Supervisor McDonough presentedthe motion to adopt the resolution; no second was forthcoming.

Councilwoman Greene stated thatthis project has been quiet since 2005 and she feels that it should be referredback to the Water/Sewer Commission for discussion and a new recommendation. Ms. Greene expressed concern that Mr. Aleowas willing to spend a significant amount of money to connect just this 1, 2 or3 family home to the sewer; it was pointed out that Mr. Aleo and his family ownat least three of the properties on that street.

Still hearing no second on themotion to adopt; Councilman Cluen suggested that the resolution be tabled.

A Motion was made by CouncilmanCluen to table the resolution; seconded by Councilwoman Greene. Roll Vote: 3 Yes, 2 Absent.

RESOLUTION4-2008-#2 Authorizing Participation in the NYS ORPS SixYear Annual Reassessment Plan and Annual Aid Program.

A motion was made by SupervisorMcDonough; seconded by Councilman Cluen to adopt the resolution.. Roll Vote:

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliAbsent

SupervisorMcDonoughYes

RESOLUTION4-2008-#3Authorizing the Supervisor to Enter into an Agreement with MX Energy forElectrical Services.

A motion was presented bySupervisor McDonough to adopt the resolution; seconded by CouncilwomanGreene. Roll Vote:

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliAbsent

SupervisorMcDonoughYes

RESOLUTION4-2008-#4 Seeking Bids for Purchase and Removal ofScrap Metal.

A motion was presented bySupervisor McDonough; seconded by Councilman Cluen to adopt the resolution. Roll Vote:

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliAbsent

SupervisorMcDonoughYes

RESOLUTION4-2008-#5LeaseAgreement with Prestige Services for the Senior Nutrition Program.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Cluen. Roll Vote:

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliAbsent

SupervisorMcDonoughYes

AUDIT OF BILLS:

GENERAL FUND VOUCHER¡¦S #344-391TOTALING $25,043.15

HIGHWAY FUND        ¡§            # 74- 81         ¡§          $ 5,689.13

SEWER FUND              ¡§            # 53- 64         ¡§          $ 4,868.01

WATER FUND             ¡§            # 51- 59         ¡§          $  3,274.45

A motion was made by CouncilmanCluen to pay the vouchers; seconded by Councilwoman Greene. Roll Vote: 3 Yes, 2 Absent.

A motion was made by CouncilwomanGreene to adjourn at 9:05 p.m.; seconded by Councilman Cluen. Roll Vote: 3 Yes, 2 Absent.

Respectfully submitted,

Joan S. Jordan

Town Clerk

TOWN OFROSENDALE                                                 DRAFT

TOWN BOARD WORKSHOP MEETING

MAY 7,2008

The meeting was called to orderby Supervisor McDonough at 7:30 p.m. at theRosendaleCommunityCenterwith the Pledge to the Flag.

PRESENT:Councilman Robert Gallagher

Councilman Kenneth Cluen

Councilman Richard Minissali

CouncilwomanManna Jo Greene(arrived at 7:35 p.m.)

SupervisorPatrickMcDonough

ALSO PRESENT:Billy Liggan, Planning Board; JenniferMetzger, RCCE;3 representatives ofthe Rondout Valley School Board andabout 15 residents.

PUBLIC COMMENTS: Faith Larrabee-Kwiecinski asked theSupervisor and Board Members what was happening with the Town insurance companyregarding the denied claim for damage to her basement from wastewater backup anddamage to her yard. Supervisor McDonoughtold them he had submitted the pictures to our insurance company for review buthas not heard from them as of today. David Kwiecinski said that they areparanoid that this will happen again with a heavy rain; Supervisor McDonoughstated that they should install a ¡§backflow valve¡¨ at the owner¡¦s expense toprevent the situation from possibly happening again and that he had told themnot to wait to clean out until there is resolution of the claim. The Kwiencinski¡¦s and Mrs. Larrabee claimedthat Supervisor McDonough had stated that Terry Johnson, Water Superintendent,would be at this meeting; Supervisor said he did not recall the same. Mr. Kwiecinski asked if a report was made andto whom was it sent; Supervisor stated that Terry Johnson made his report andsent it to DEC. Mrs.Larrabee-Kwiencinski said she didn¡¦t know how Terry¡¦s report could be accuratesince he was only in her dining room and that was not affected.

Mrs. (Nina) Larrabee stated thatshe was very disappointed that Terry Johnson was not here and she insisted thathe come to the next meeting. Mrs.Larrabee feels that the Town Board was not informed about this situation, onlythe Supervisor. Councilman Minissalisuggested that the Supervisor request having our insurance representative comeout and view the situation first hand. Supervisor McDonough told all the parties that he would be available inhis office at any time to discuss this matter further; please call and make anappointment.

Billy Liggan read a news releaseabout the Rosendale Farmer¡¦s Market; it will run every Sunday from June8^ththrough November 8^th, with expanded hours from 9:00a.m. to 3:00 p.m.; he urged public support. Billy announced that the Farm Markethas a new mailing address: P.O. Box 324, Rosendale, NY 12472 and a web site:www.Rosendalefarmersmarket.organd the RosendaleChamber of Commerce will have a link to the Farmer¡¦s Market on their website. Music and non-profit organizationsare encouraged to participate. KenOldehoff said that he supports the Farmer¡¦s Market and hopes that Rosendaleresidents will ¡§shop local¡¨.

Andrea Ade ofHighFallsParkasked to speak about the on going¡§cat situation¡¨ she and her husband have been experiencing. She said that Officer Fischer has stated thatthe police have their ¡§hands tied¡¨, there is nothing more they can do, and itis more a neighbor dispute. Mrs. Adesaid it is not just a neighbor dispute it is a matter of a pet owner takingresponsibility for their pets; they have been damaging the paint on the Ade¡¦svehicles. Mrs. Ade stated that this hasbeen going on for seven years and there is no talking with the neighbor;mediation was suggested but Mrs. Ade was not open to that. Mrs. Ade feels that theTown should enact a law orordinance to make owners responsible for their pets; she stated that New Paltzenacted a ¡§cat control¡¨ law (a copy of the New Paltz law was provided to TownBoard members in their folders) why can¡¦t Rosendale. Supervisor McDonough stated that theVillageofNew Paltzlaw is dealingwith feral cats not pets and that unless there are other people in other areasof Town experiencing the same problem you can¡¦t just enact a law for oneinstance. Mrs. Ade asked about followingthe public nuisance law; Supervisor McDonough said that he will review theHumane Law and see what can/could be done and he will talk with OfficerFischer. Supervisor McDonough also toldthe Ade¡¦s that he is available in his office by appointment to discuss thismatter.

Councilwoman Greene wanted tocongratulate Nick Mercurio, John Maylie, Jennifer Metzger and all the othersinvolved in the very successful Energy Expo that took place on May3^rd, despite the weather not cooperating.

RESIGNATIONS:

A motion to accept theresignation of Lisa Dockery, full time court clerk, was made by CouncilmanGallagher; seconded by Councilman Minissali. Roll Vote: 5 Yeses.

APPOINTMENTS:

A motion was made by CouncilwomanGreene to appoint Trudy Harper as full time court clerk at $12 p/h; seconded byCouncilman Minissali. Roll Vote: 5 Yeses.

A motion was made by CouncilmanCluen to appoint Leslie Treut as Zoning Board of Appeals clerk at $11 p/h;seconded by Councilman Gallagher. RollVote: 5 Yeses.

A motion was made by CouncilmanGallagher to appoint Matthew Hintz to full time Building Maintenance at $12.33p/h; seconded by Councilwoman Greene.

Roll Vote: 5 Yeses.

A motion was made by CouncilmanMinissali to appoint Laura Ebert to the Economic Development Commission for afive (5) year term; seconded by Councilwoman Greene. Roll Vote: 5 Yeses.

1). Presentation: Ms. Eileen Comasa, Superintendent of theRondoutValleySchoolDistrict, gave an over view of the proposed2008-2009 budget which will be voted on by district residents on May20^th. The proposed budget is$59,062,343, an expenditure increase of $2,268,865 which figures to a 3.99 %increase. A Fund Balance of $1,700,000being applied to reduce the tax levy to 1.85%. She highlighted the changes and also stated that should the budget bedefeated, a contingency of $58,600,695 was already prepared which would noteliminate any one program but would reduce expenditures across allprograms. All equipment money would beeliminated; this is computers and anything over $1,000 per item. Ms. Comasa stated that in addition to thebudget there are five (5) people running for three (3) seats on the Board, MikeRedman and Kent Anderson were with her and are seeking re-election; she alsourged low income elders to file for the additional exemption for school taxes(must be income eligible beyond Enhanced Star).

John Maylie complimented theSuperintendent for coming and giving a great presentation.

2). Agreement authorizing providing sewer serviceto property onAnnStreet. Supervisor McDonough informed the Board that the Water/SewerCommissioner¡¦s have advised that they want the Town Board to handle thismatter; they previously reviewed it in 2005. Councilman Minissali wants to see some documentation showing the capacityof the plant and present out-put. Aresolution will be presented next week.

3). Feasibility Study for ShiftingAssessments. A brief discussion followedabout the feasibility of shifting the duties of assessment to the county levelthrough a State grant of up to $50,000 to the county to fully study the cost,quality of service and convenience to taxpayers. The entire Board concurred that municipalassessors must participate in the study. A resolution will be presented next week.

4). Removal of Scrap Metal at the TransferStation. Bids were opened on May 2,2008; only one of three bids qualified, Bijeaux Transport ofMiddletown,NY, with a bid of $260.00 per gross ton. A resolution will be presented next week foraccept the bid.

5). Ad Hoc Zoning Review Committee. Discussion centered on a definitive length oftime for the review to be accomplished; the scope of the review will be limitedand will follow the adopted Comprehensive Plan. The Economic Development Commission wants to present their developmentplan for adoption and possible inclusion in the Comprehensive Plan; this wouldrequire a public hearing before inclusion. A resolution will be presented next week to form the committee.

6). Expanding the Route 32 Park&Ride. There was a short discussion about expandingthe park and ride at its¡¦ present location; it will add an additional 30spaces. A resolution will be presentednext week to authorize the Supervisor to negotiate expansion of the Route 32Park&Ride.

7). Route 32 Bridge Repair. Supervisor McDonough stated that DOT hasdenied the request for sidewalks on James Street as part of the bridge rehab;Supervisor said that Carl Hornbeck is moving forward with plans to install asidewalk on the hill portion of James Street; the McGinty¡¦s have agreed to someof their property being cut back to allow the sidewalk and retaining wallnecessary for the placement of the walk. Councilwoman Greene asked the Supervisor to have DOT come back andexplain what is to happen during the bridge rehab and what they will and willnot do while work is being done on the bridge. Supervisor McDonough said that the survey work for the sidewalk from thehousing to the Community Center has been completed, we just got the bill. Supervisor McDonough also noted that a $5,000grant was received from Assemblyman Cahill for tree planting along the sidewalkon Route 32.

8). Executive Session. A motion was made at 9:15 p.m. by SupervisorMcDonough to enter executive session to discuss a possible hiring issue;seconded by Councilman Minissali.

Roll Vote: 5 Yeses.

Out of executive session at 9:40p.m., no action was taken.

AUDIT OF BILLS:

GENERAL FUND VOUCHER¡¦S #402-452TOTALING $97,858.22

HIGHWAY FUND         ¡§           # 84-91           ¡§          $ 8,559.26

SEWER FUND               ¡§           # 67-70           ¡§          $    445.10

WATER FUND              ¡§           # 61-67           ¡§          $  1,615.02

SOLAR FUND               ¡§           #   1-8             ¡§          $  3,455.50

A motion was made by CouncilmanMinissali to pay the bills; seconded by Councilwoman Greene. Roll Vote: 5Yeses.

A motion to adjourn was made at9:54 p.m. by Councilman Cluen; seconded by Councilman Gallagher.

Respectfully submitted,

Joan S. Jordan

Town Clerk

TOWN OFROSENDALE                                              DRAFT

TOWN BOARDMEETING

MAY 14,2008

The meeting was called to orderby Supervisor McDonough at 7:30 p.m. at theRosendaleCommunityCenterwith the Pledge to the Flag.

PRESENT:Councilman Robert Gallagher

Councilman Kenneth Cluen

CouncilwomanManna JoGreene

Councilman Richard Minissali

SupervisorPatrickMcDonough

ALSO PRESENT:William Janeway, DEC District #3; FredGreitzer, Billy Liggan, Rosendale Planning Board; and about ten (10)residents.

PETITIONS: Mark Morganstern and Peter Fiorentino askedto present a letter from Save the Lakes attorney James Bacon and submitpetitions to the Town Board urging them not to approve a Zoning Code amendmentsubmitted by Canopy Development/HRVR, LLC, prior to the going through the SEQRAprocess. Mr. Morganstern read the letterand asked that it be entered into the record; the Board did not ask for it to beincluded but would be on file.

Mr. Fiorentino presented twoclipped packets of petitions (he stated that they contained about 230signatures) he then read the contents of the petition (he said they have thepetitions on-line as well) which is also urging that the Town Board deny zoningchange approval. Both the letter and thepetitions were filed with the Town Clerk.

Billy Liggan stated that he hadsubmitted the Street Festival Site Plan with some minor changes since lastyear. Most notably the music stages onMain Street will close down at 8 p.m. with the alcohol (street beer vendors)closing down one (1) hour prior; music will continue at the Willow Kiln stageand beverage sales will move inside establishments to allow vendors to breakdowntheir stalls and exit Main Street.

Faith Larrabee-Kwiecinski statedthat she had asked to be put on the agenda, after being told she would be on theagenda, she received a phone call from the Supervisor telling her that she wouldnot be on the agenda but that he would schedule an appointment in his officewith himself and Terry Johnson to discuss the matter of her propertydamage. The meeting is scheduled forMonday, May 19, 2008 at 10:00 a.m. in the Supervisor¡¦s office. Mrs. Larrabee-Kwiecinski stated that shewants to see receipts for fixing the broken pump to be sure that it wasfixed. Supervisor McDonough said thatthis is a legal matter and he will not discuss it further in public; theattorney for the Town is speaking with the Town insurance company. Ms. Larrabee-Kwiecinski asked about repair toher yard which she was promised; Supervisor McDonough said that he will ¡§naildown at time¡¨ for that to be done.

Councilwoman Greene stated thaton Tuesday, June 10^thfrom 6 to 9 p.m. there will be a presentationsponsored by the Rondout Watershed at the Community Center on ¡§Flood PlainsMapping&Management; there will be 4 speakers and the Army Corps ofEngineers has been invited to attend. The public is also invited to attend, especially those in flood proneareas.

COMMUNITY EVENTS:

1.Sat., May 17^th¡VWomen¡¦s Club ¡§Clean Sweep¡¨ at the Community Center, 9 a.m.

2.Sun., May 18^th¡VYouth Center Car Show, Community Center at 10 a.m.

3.May 19^thto the24^th¡V Metal Amnesty Week at the Transfer Station-regular businesshours

4.Mon., May 26^th¡VMemorial Day Parade, 10 a.m.

5.Fri., May 30^th¡VBloodDrive, Community Center from 2 ¡V 7:30 p.m.

MINUTES OF PREVIOUSMEETINGS: A motion was made byCouncilman Cluen to accept the minutes of the April 2^ndand9^thmeetings; seconded by Councilwoman Greene.

Roll Vote:Councilwoman GreeneYes

CouncilmanGallagherAbstained

Councilman CluenYes

CouncilmanMinissaliAbstained

SupervisorMcDonoughYes

COMMITTEE REPORTS: Councilman Minissali reported that theWater/Sewer Commission is in desperate need of members; they have not been ableto hold a meeting for three months due to lack of a quorum; Jack Snyder is dueback this week.

Councilwoman Greene said that thePlanning Board meeting was pretty routine; Horizon¡¦s is looking for a special use permit a re-entry house in MapleHill, this was a pre-submission inquiry;this is like a boarding house and is not allowed by Code but a special usepermit can be issued unless there is objection from the public. A question was asked about why a special usepermit would be needed; because our current Code adopted in 1960 does not permitmulti- unit dwellings inhabited by unrelated people or boarding houses in aresidential zone. Currently other townshave adopted the Standard Industrial Code (SIC) which would allow this type ofdwelling. Horizon¡¦s has to submit asite plan (expected in June) and then a public hearing would be needed (probablyin July). Joe Roddy asked if this wouldnecessitate full-time coverage by our police department; Councilman Gallagherresponded that we have full-time coverage either by our own department or thecounty sheriff or the state police. Supervisor McDonough stated that our police department presently has twopart-time officers who will be going to full-time since their names appeared onthe county canvas list.

Councilman Gallagher said thatthe minutes of the Recreation Commission are on file; the pool repairs are onschedule and they expect to be open in June.

Councilman Minissali noted thatthere was nothing to report for the ZBA.

Councilman Cluen reported thatthe Youth T-ball is in full swing; the Transfer Station is moving along and wewill soon have a kennel up there.

SUPERVISOR¡¦S FINANCIALREPORT: Supervisor McDonough read theend balances and the report is on file in the Town Clerk¡¦s Office.

Introduction: William Janeway, Director of NYS DEC Region#3 introduced himself stating that he has been director of region #3 for about ayear; he has a degree in economics and that DEC wants to be a true and effectivepartner in environmental concerns such as sustainable living, climate change andetc. NYS DEC has a budget that is49^thout of the 50 states. Mr. Janeway said that he respects the town authority and responsibilityand thanked the Town Board for all they do. Councilman Minissali said that he was pleasantly surprised by the depthof concern displayed in DEC¡¦s initial letter.

Supervisor McDonough said thatall will be intimately involved in making the best decisions for the town.

Councilwoman Greene thanked Mr.Janeway for the stream and estuary program put forth by the DEC.

RESOLUTION05-2008-#1Authorizing the Supervisor to Accept the Proposed Agreement with EdwardAleo. This agreement is to authorizeextension of sewer service to the property of Mr. Aleo onAnn Streetwhich isoutside the current sewer district boundaries in exchange for payment of areserve capacity fee and other compensations. A motion to adopt the resolution was made by Supervisor McDonough;seconded by Councilman Gallagher.

 Discussion took place after the seconding ofthe motion; Councilman Minissali said that he did not receive the report oncapacity that he was seeking and therefore was reluctant to approve themotion. Supervisor McDonough referredthe Councilman to the O¡¦Brien&Gere report page #5 under ¡§flows¡¨; itwould be less than 90% capacity even with this additional house or more; we arecontracting with one (1) owner to put in all the infrastructure and then turn itover to the Town.  Councilman Minissaliand Councilwoman Greene still had some reservations that prevented them votingon the resolution.

 Roll Vote:

CouncilmanCluenYes

CouncilmanGallagherYes

CouncilwomanGreeneAbstained

CouncilmanMinissaliAbstained

SupervisorMcDonoughYes

RESOLUTION05-2008-#2Requesting Local Government Participation in Feasibility Study for ShiftingAssessment Administration to theCountyLevel. Supervisor McDonough stated that he has included in the resolution thatresidents of the Town ofRosendalebe representedby including the assessors inUlsterCountyas part of the process.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Cluen. Roll Vote:

CouncilmanCluenYes

CouncilmanGallagherYes

CouncilwomanGreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

RESOLUTION05-2008-#3AcceptingBid for Purchase and Removal of Scrap Metal.

The resolution was awarding thebid to Bijeaux Transport ofMiddletown,NYfor the purchasing, weighing and removal of scrap metal from the RosendaleTransfer Station.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Gallagher. Roll Vote:

CouncilmanCluenYes

CouncilmanGallagherYes

CouncilwomanGreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

RESOLUTION05-2008-#4Establishingthe Ad-Hoc Rosendale Zoning Code Review Committee.

A motion to adopt the resolutionwas made by Supervisor McDonough; seconded by Councilman Minissali.

A short discussion followed theseconding of the resolution; amendment was made to the wording of item #4 toread as follows: ¡§plus four (4) members of the public, preferably who do notserve on other town boards or commissions. Also amended prior to roll vote was item #5 to read ¡§and a recordingsecretary shall be provided by the Town¡¨.

A motion to amend the resolutionwas made by Supervisor McDonough; seconded by Councilman Minissali. RollVote:

 Councilman CluenYes

CouncilmanGallagherYes

CouncilwomanGreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

RESOLUTION05-2008-#5Authorizing the Supervisor to Negotiate for Expansion of the Route 32 Park andRide Facility.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Gallagher. Roll Vote:

CouncilmanCluenYes

CouncilmanGallagherYes

CouncilwomanGreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

AUDIT OF BILLS:

GENERAL FUND VOUCHER¡¦S #453-514TOTALLING $49,068.30

HIGHWAY FUND        ¡§            # 92-111         ¡§            $26,047.13

SEWER FUND              ¡§            #  71-81          ¡§            $ 4,855.19

WATER FUND             ¡§            #  68-78          ¡§            $  3,558.72

CAP RES WATER        ¡§            #    2               ¡§            $  1,150.00

PLAYGROUND            ¡§            #    1               ¡§            $       58.07

VAN FUND                   ¡§            #    1               ¡§            $       30.10

A motion was made by CouncilwomanGreene to pay bills; seconded by Councilman Gallagher. Roll Vote: 5 Yes.

A motion to adjourn was made byCouncilman Gallagher at 9:20 p.m.; seconded by Councilwoman Greene.

Respectfully submitted,

Joan S. Jordan

Town Clerk

TOWN OFROSENDALE                           DRAFT

TOWN BOARD WORKSHOP MEETING

JUNE 4,2008

The meeting was called to orderat 7:30 p.m. by Supervisor McDonough at theRosendaleCommunityCenterwith the Pledge to the Flag.

Supervisor McDonough requestedthat a moment of silence be observed in memory of our very dear former TownClerk Mary Ann Tapley who passed away recently.

PRESENT:CouncilwomanManna Jo Greene(arrived at 7:32 p.m.)

Councilman Robert Gallagher

Councilman Kenneth Cluen (arrived at 7:36 p.m.)

Councilman Richard Minissali

SupervisorPatrickMcDonough

ALSO PRESENT: Billy Liggan, Planning Board; Jack Snyder,Water/Sewer; Ken Hassett, Dpty. Fire Marshal; a dozen residents were alsopresent.

PUBLIC COMMENTS: Glenn Debrosky wanted to know if the Town hasa law requiring people to clean up after their pets (dogs in particular). He is having trouble in his neighborhood(Mossy BrookRoadinHighFalls) with people allowing their animalsto defecate and urinate on neighbor¡¦s property. Supervisor McDonough explained that we dohave a dog control law but it does not address cats but it does cover ownerscleaning up after their pets. SupervisorMcDonough told Mr. Debrosky to call him at the office and they will discuss thesituation.

RESIGNATIONS: Supervisor McDonough stated that a letter ofresignation has been received from Leland Eaton who has served for 21 years onthe Zoning Board of Appeals; he feels that someone else should do the job.

A motion was made by CouncilmanMinissali to accept the resignation of Leland Eaton from the Zoning Board ofAppeals, with regrets; seconded by Councilman Gallagher. Roll Vote: 5 Yeses.

APPOINTMENTS: Supervisor McDonough announced that the Courtwould like Antonio Sisilli appointed as Court Security Officer. All checks have been completed by thejudges.

A motion to appoint AntonioSisilli as Court Security Officer was made by Councilman Gallagher; seconded byCouncilman Cluen. Roll Vote: 5 Yeses.

Supervisor McDonough stated thatthe Police Commissioner¡¦s have voted to appoint two (2) of the four (4)officers from the eligibility list as Full Time Officers contingent until theypass their medical tests; the two officers are: Kyle Frano and OwenO¡¦Connell.

A motion was made by CouncilwomanGreene to appoint Kyle Frano and Owen O¡¦Connell as full time Police Officerscontingent upon passing medical tests; seconded by Councilman Minissali. Roll Vote: 5 Yeses.

Announcement: The Town Board isstill seeking volunteer applications for a position on the Zoning Board ofAppeals.

Announcement: The Town Board is still seeking volunteerapplications for positions on the Water/Sewer Commission.

Announcement: Volunteer applications are still beingaccepted for the Ad-Hoc Zoning Code Review Committee; appointments will probablystart being made next week.

Route 32 Bridge Up-date: Supervisor McDonough stated that the signshave started going up for the bridge rehab; he believes they will probably startby the end of the month; the site manager already has an office set up in TownonMainStreet. Supervisor stated that he has invited the project coordinator and thesite manager to attend nextweeksTownBoard meeting. Supervisor stated that he has been lead tobelieve that the major portion of the work will be done at night. Jack Snyder asked if the police will be doingextra patrols onJamesStreet; Supervisor responded that he will speak toChief DiBattista to see what can be arranged. Councilman Minissali asked about temporary speed bumps; Supervisor statedthat Carl Hornbeck believes he can obtain some from either the County or theState. Jack Snyder stated that hewasn¡¦t sure that speed bumps were a good idea as they will create additionalvibration of the already at risk water mains inJames Street. Jack Snyder also asked if the proposedsidewalk onJamesStreetwill be installed prior to the start ofconstruction; Supervisor stated that he will check with Carl Hornbeck; he knowsthat Carl is anxious to get started.

Discussion: The Street Festival Site Plan was presentedfor review by the Town Board for adoption next week. Jack Snyder asked if traffic will be detouredontoJamesStreetduring the Festival; Billy Liggan respondedthat it would not; it will be the same as past years,Tillson Road,SpringtownRoadandKeator Avenuewill be the detourroute. Billy Liggan stated that theyhave expanded on resident parking in the plan; he also noted that the emergencycontact list for the Festival Committee is still missing but will be presentednext week. Billy Liggan also stated thatthe Festival tee shirts will go on sale Friday; he modeled one for theaudience.

Discussion: Petition to Reject Zoning Code Change. Supervisor McDonough stated that Mary LouChristiana, attorney, has advised that we can¡¦t make a decision or adoption ona zoning code change while the SEQRA is in process; he said there will bereviews by the Ad Hoc Committee, the Town Board, the Planning Board and a siteplan review and each step will have a public hearing so there is plenty ofopportunity for challenge and review. Councilman Minissali asked how does the Town Board find what benefits anddoes not benefit the Town; Supervisor responded that the Board will review anddiscuss with the developer the costs to the Town and the economic benefits. Billy Liggan interjected that the Town Boardmembers should bring their own concerns to the discussions; the code change willrequire its own SEQRA review. Councilwoman Greene stated that a scoping session at the outset wouldrequire any relevant concerns must be addressed by the developer. Ken Hassett asked if all the names on thepetitions were Town residents; he was told that they were broken down by Savethe Lakes as to resident, non-resident. A full page of on-line signatures was questioned as to whether theylegally constitute a petition as they are just names and e-mail addresses withno actual petition attached to the signatures; Supervisor McDonough will seekwill advice. Councilman Minissaliquestioned whether we need to make an actual response to the petition; he askedthat Supervisor McDonough check with Shayne Gallo, attorney.

Additional comments were maderegarding the earlier discussion about the cat situation in the Town; JackSnyder said there are problems in theJames Streetarea; Tim Morrison stated thathe has problems in the Clark¡¦s Estates area of Tillson and Glenn Debroskystated that he also has it inHighFallsin theMossy Brook Roadarea. They asked that the situation belooked into.

DATES TO REMEMBER:

1.Sun., June 8^th¡VFarmer¡¦s Market Begins.

2.Wed., June 11^th¡VTown Board Meeting, 7:30 p.m. atRecCenter.

3.Sat., June 14^th¡VFlag Day

4.Sun., June 15^th¡VFather¡¦s Day

5.Fri., July 4^th¡VIndependence Day, TOWN OFFICCES CLOSED

6.Wed., July 9^th¡VTown Board Meeting, 7:00 pm atRecCenter(NO WORKSHOP METING IN JULY)

7.Sat., July 19&Sun., July20^th¡V Rosendale Street Festival

8.Wed., August 13^th¡VTown Board Meeting, 7:00 p.m. atRecCenter(NO WORKSHOP MEETING IN AUGUST)

Councilwoman Greene added that onJune 10^thfrom 6-9 p.m. FEMA and DEC will be giving a presentation onFLOODING at the Rec Center, all who live in flood plain are invited toattend. FEMA will have the re-mappedflood plains maps; she stated that the Town will have to pass a new ordinance tomake flood insurance available to affected residents.

Councilman Minissali asked aboutthe billboard on the truck in Maple Hill; Supervisor McDonough stated that it isa legal matter being looked at therefore can not be discussed in a publicforum.

AUDIT OF BILLS:

GENERAL FUND VOUCHER¡¦S #515-549TOTALING $16,421.37

HIGHWAY FUND        ¡§            #112-115        ¡§           $    965.18

SEWER FUND              ¡§            #  82-86         ¡§           $    864.26

WATER FUND             ¡§            #  79-82         ¡§           $  2,054.62

A motion was made by CouncilmanMinissali to pay bills; seconded by Councilman Gallagher. Roll Vote: 5 Yeses.

A motion was made by CouncilmanGallagher to adjourn at 8:53 p.m.; seconded by Councilwoman Greene.

Respectfully submitted,

TOWN OFROSENDALE                                                  DRAFT

TOWN BOARD MEETING

JUNE 11,2008

The meeting was called to orderat 7:30 p.m. by Supervisor McDonough at theRosendaleCommunityCenterwith the Pledge to the Flag.

PRESENT:Councilman Kenneth Cluen

Councilman Robert Gallagher (arrived 7:33 p.m.)

Councilwoman Mann Jo Greene

Councilman Richard Minissali

SupervisorPatrickMcDonough

ALSO PRESENT:Billy Liggan, Fred Greitzer, PlanningBoard Members; Jack Snyder, W/S Commission; and about a dozen residents.

PETITIONS: No petitions werepresented.

PUBLIC COMMMENTS: Ken Oldehoff announced that the RosendaleFarmers Market opened on Sunday; they had a very successful opening. The strawberries are exceptional; verysweet. They will soon have home-growntomatoes as well as other local produce.

Jack Gouldsbury complimented CarlHornbeck and the Highway Dept. on the exceptional job they did onParkcrest Driverecently. Mr. Gouldsbury said that acrew of 4-5 men completed the work on the drainage over the course of 3-1/2 daysand did an excellent job; this should correct the long standing problem in thatarea.

Supervisor McDonough stated thatdue to the high cost of paving materials this year more focus will be placed oncorrecting drainage and other problems rather paving but some paving will stillbe done.

Jack Snyder agreed that theHighway Dept. does a great job but some things are getting away from them; thecross walk markings are worn away, a white line needs to be painted on the JamesStreet hill delineating which lane vehicles should be in, getting the sidewalkinstalled on the James Street hill, stop lines should be painted a ends ofMadeline Lane along with STOP signs, especially at the intersection of Route 32;Mr. Snyder suggested that perhaps NYS DOT would help with some of theseprojects; Supervisor McDonough noted that the NYS DOT will not work on Townroads, it is our responsibility. Mr.Snyder said that he went up to the Police Dept. and filed a complaint abouttrucks traveling onJamesStreet; the Police need to enforce existinglaws. Supervisor McDonough stated thatthe Police will be doing more patrols; they are already doing more night patrolsin the area but they will not have a patrol vehicle there full-time.

COMMUNITY EVENTS:

1.Sat., June 14^th¡VFlag Day ¡V Flag Disposal Service ¡V American Legion, Tillson, 7p.m.

     Bloomington Fire Aux., Nickel Social, 6pm¡V Bloomington Firehouse

2.Sun., June 15^th¡VFather¡¦s Day

3.Sun., June 15^th,Farmer¡¦s Market

4.Fri., July 4^th¡VIndependence Day, Town Offices CLOSED

5.Wed., July 9^th¡VTown Board Meeting, 7:00 pm atRecCenter(NO WORKSHOP MEETING IN JULY)

6.Sat., July 19^th&Sun., July 20^th¡V Rosendale Street Festival

7.Wed., August 13 ¡V Town BoardMeeting, 7:00pm atRecCenter(NO WORKSHOP MEETING IN AUGUST)

COMMITTEE REPORTS: CouncilwomanGreene said that the Planning Board recently had an application for a re-entryfacility in Maple Hill and there is a pre-application for a second re-entryfacility onMainStreetin the Cigar Factory building; public hearingswill be held on each application during the process. There was also a discussion about the¡§karsts¡¨ in the Rosendale area; Planning Board has to be sure that septic isadequate to protect the water resources; consultants have to look very closelyat the applications. Ms. Greene statedthat we need to have very clear guideline, the Town Code doesn¡¦t address itadequately; RCCE should interact with the Planning Board. Fred Greitzer interjected that he stronglyagrees that we need general guidelines and mapping rather than going piece-mealon each application. Ed Maestro saidthat RCCE is doing on-going studies and will work with the Planning Board andthese studies will become a Town resource.

Councilman Minissali asked if weneed to codify. Billy Liggan stated thatthe Board of Health has control of this project; there is 35 feet of soil tocleanse the water before hitting the ¡§karsts¡¨. Supervisor McDonough stated that the ZoningCode Ad Hoc Committee will look at this and decide whether to include it in therevisions.

Councilman Gallagher stated thatthe Recreation Commission minutes are on file; the pool is coming along, but wedon¡¦t know when it will open. TheHighway Dept. received their new backhoe/loader last Thursday.

Councilman Cluen announced thatthe Youth Tee Ball had a very successful season; last month the Center had 900+visits, double last year¡¦s attendance; the Car Show was a big success; and thecamp is almost full. The TransferStation had a successful ¡§Metal Amnesty¡¨ and is pulling its own weight.

Councilman Minissali reportedthat a longtime member had resigned from the ZBA and we are looking for avolunteer to fill the position; they are also looking for volunteers for theWater/Sewer Commission.

MINUTES OF PRIOR MEETINGS:

A motion was made by CouncilmanCluen to accept the May minutes; seconded by Councilman Gallagher. Roll Vote: 5 Yeses.

CORRESPONDENCE: On file.

SUPERVISOR¡¦S FINANCIALREPORT: Supervisor McDonough read theend balances; the report is on file with the Town Clerk.

Discussion: Route 323 BridgeRehabilitation. Hans Priebe, NY DOTConstruction Engineer, for orange and Ulster Counties gave an overview of whatwill be taking place in Rosendale beginning next week on the Route 32 Bridge; itwill be rehabbed, one lane at a time (staged construction) over the next yearand a half; work will be done between 7 am and 5:30pm, Monday throughFriday. DOT will be changing the roadstripping in front of the Recreation Center, creating a turn lane; there will beno posted detour signage, people will no doubt formulate their own detours;notices are going out to truckers (those permitted by DOT) to use alternateroutes.

Mrs. Maestro advised Mr. Priebethat DOT should not forget that they need to allow a curb cut for her drivewayon Route 32 (it is currently just grass).

Ann Citron asked if there will beany change to traffic; Mr. Priebe noted that the intersection by the monumentswill be closed; traffic will have to proceed to the light past Stewart¡¦s tomake a right hand turn. A number ofpeople raised question about how large trucks will negotiate such a turn; theresponse was that there will be a wide swing available.

John Maylie asked if DOT couldmark a pedestrian crossing in front of theRecreationCenterto the Park&Ride on theopposite side.

Tim Morrison asked aboutextending the sidewalk beyond the Recreation Center to the Senior Housing (ParkHeights); Supervisor McDonough stated that the Town has already received a grantfrom State Senator Bonacic to extend the sidewalks which was secured last yearby Former Supervisor Gallagher.

Fred Greitzer questioned whetherdrainage at the intersections of Route 32 withMadeline Laneandalso at the Memorial Park would be addressed; the response was ¡§yes¡¨.

A resident asked what should bedone if an unforeseen event happens during the construction that creates aproblem; Mr. Priebe stated that Paul Marcello, site manager, should becontacted; his office is in the Astoria Hotel Building on Main Street, phone658-8263.

Questions about local roadsbecame the subject for further discussion which became a little contentious attimes: Ed Maestro asked ifJamesStreetcould be dead-ended (currently it is one wayin from Route 32) so that he could get to his driveway without having to waitfor traffic to turn intoJamesStreet.

Mark Morganstern asked abouttemporary speed bumps; Jack Snyder replied that the vibrations will endanger the100 year old water system. SupervisorMcDonough said that he talked with Carl Hornbeck and he will erect large signsstating NOT A DETOUR.

Jack Snyder also suggested thatany new project in Town require sidewalks be installed as part of theproject. Mark Morganstern also asked ifguardrails will be installed between the pedestrian sidewalks and the vehiclelanes.

Discussion ended with KenOldehoff defusing the tension by stating ¡§walking is allowed onJames Street!¡¨.

STREET FESTIVAL: A motion was made by Councilman Gallagher toadopt the Rosendale Street Festival Site plan as written; seconded by CouncilmanCluen. Roll Vote: 5 Yeses.

After the vote, Jack Snyder askedwhat the Town gets from the Street Festival; Billy Liggan responded that thebusinesses along Main Street ¡§a shot in the arm¡¨, the Festival provided thestage a Willow Kiln Park for the benefit of the Town, they are building a bridgeover the canal to access Central Avenue and Billy said that the tee-shirts soldat the Festival give advertising/publicity for the Town(he was wearing a shirtin Oklahoma and someone stopped him and knew about the Festival in Rosendale).

ANNOUNCEMENT: The Town Board isstill seeking applications for a volunteer member for the Zoning Board ofReview.

ANNOUNCEMENT: The Town Board isstill applications for volunteer members for the Water/Sewer Commission.

ZONING CODE REVIEW COMMITTEEAPPOINTMENTS:

Economic Dev.Dee McCluskey

Alternate

Environmental Comm.Nava Tabak

AlternateJen Metzger

Planning BoardFred Greitzer

AlternateJoe Havranek

Town BoardManna Jo Greene

AlternateRichard Minissali

ZBARonParenti

AlternateBrian Farmer

Public MembersGary Jacobson,Chairman

Marc Cassidy

Brian Macaluso

Tim Morrison

AlternateBetsy Tuel

A motion was made by SupervisorMcDonough to appoint the above as members of the Zoning Code Review Committeewith Gary Jacobson as Chairman; seconded by Council-man Cluen. Roll Vote: 5 Yeses.

Fred Greitzer asked that legalopinion be sought to determine if a Town Board member would have to recusethemselves from voting to adopt the recommendations and amendments of theCommittee; Ms. Greene and Mr. Minissali both stated that they would recuse ifnecessary. Supervisor McDonough said hewill check with counsel.

Councilwoman Greene wanted to putforth a ¡§good word¡¨ on behalf of Betsy Tuel; she attends just about every TownBoard meeting; Billy Liggan stated that she also attends almost all PlanningBoard meetings.

RESOLUTION:6-2008-#1BudgetaryTransfers:

GENERAL FUND ¡V Transfer the sumof:

1. $8,717.34 from Safety InspectionC.E.(A3620.4) into Safety Inspection Eq. (A3620.2)

2. $1.00 from Unemployment Ins. (A9050.8) intoPolice Retirement (A9015.8)

3. $899.50 from Playground/Rec C.E. (A7140.4)into Buildings Eq. (A1620.2)

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Gallagher. Roll Vote:

Councilman CluenYes

Councilman GallagherYes

Councilwoman GreeneYes

Councilman MinissaliYes

Supervisor McDonoughYes

RESOLUTION:6-2008-#2In Supportof WSW Historic Building Purchase and Restoration. The resolution is supporting the Women¡¦sStudio Workshop seeking a grant from NYS through the Environmental ProtectionAct of 1993 available during fiscal year 2008.

A motion was presented bySupervisor McDonough to adopt the resolution; seconded by CouncilwomanGreene. Roll Vote:

Councilman CluenYes

Councilman GallagherYes

Councilwoman GreeneYes

Councilman MinissaliAbstained (He previouslyobtained a grant fromWSW)

Supervisor McDonoughYes

RESOLUTION: 6-2008-#3 In Supportof Mohonk Preserve to Purchase Fifty Acres on the Northern Tip of the ShawangunkRidge. The resolution is supporting theMohonk Preserve in its endeavor to secure a grant through the NYS EnvironmentalProtection Act of 1993 during fiscal year 2008 to purchase fifty acres ofland.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Gallagher. Roll Vote:

Councilman CluenYes

Councilman GallagherYes

Councilwoman GreeneYes

Councilman MinissaliAbstained (His wife works forMohonk Pres.)

Supervisor McDonoughYes

RESOLUTION: Grant Agreement for$15,000.00 grant from Lifebridge Foundation.

The resolution is to authorizethe Supervisor to sign the agreement to accept a $15,000.00 for the benefit ofthe Rosendale pool.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Cluen. Roll Vote:

Councilman CluenYes

Councilman GallagherYes

Councilwoman GreeneAbstained (She received a donation for theSustainableLivingCenter)

Councilman MinissaliYes

Supervisor McDonoughYes

Councilwoman Greene stated thatthe meeting on Tuesday evening concerning ¡§Flood Plains Mapping&Management¡¨ was attended by approximately 150 people and was very informative;she also stated that some members of the Rosendale Planning Board and ZBA werein attendance. Ms. Greene made therecommendation that the Town Board authorize that two (2) hours of continuingeducation credit be given the members in attendance.

A motion was presented byCouncilwoman Greene to grant two (2) hours continuing education credit to memberof the Rosendale Planning Board and ZBA who attended the workshop on ¡§FloodPlains Mapping&Management¡¨ held on June 10^th; seconded byCouncilman Minissali. Roll Vote: 5 Yeses.

Jack Snyder questioned whetherthe storage facility in Tillson has met the requirements of their site plan withregard to planting of the buffer along Route 32; he thought that more maturetrees were to be planted and extended up passed the Turco property. Supervisor McDonough responded that this isup to the Planning Board and Code Enforcement; he will check with them.

Councilman Minissali stated thatat the outset of the bridge rehab project, the residents had petitioned to havea citizens committee on crosswalks, signage and etc. for problems in any area tobring them to the attention of the Town; now might be the time to activateit.

AUDIT OF BILLS:

GENERAL FUND VOUCHER¡¦S #550-621TOTALING $37,598.11

HIGHWAY FUND        ¡§            #116-129        ¡§        $10,880.97

SEWER FUND             ¡§             # 87-97          ¡§           $ 4,032.07

WATER FUND            ¡§             # 83-90          ¡§           $ 2,455.59

CAP. RES. WATER     ¡§               # 1-               ¡§           $ 3,064.60

A motion was made by CouncilmanMinissali to pay bills; seconded by Councilman Cluen. Roll Vote: 5 Yeses.

A motion was made by CouncilmanMinissali to adjourn at 9:35 p.m.; seconded by Councilwoman Greene. Roll Vote: 5 Yeses.

Respectfully submitted,

Joan S. Jordan

Town Clerk

ROSENDALETOWNBOARD                                                     DRAFT

WORKSHOP/TOWN BOARD MEETING

JULY 9,2008

The meeting was called to orderby Supervisor McDonough at 7:05 pm at theRosendaleCommunityCenterwith the Pledge to the Flag.

PRESENT:Councilman Robert Gallagher

CouncilwomanManna JoGreene

Councilman Richard Minissali (7:15pm)

Councilman Kenneth Cluen (7:25pm)

SupervisorPatrickMcDonough

ALSO PRESENT:Dave Massimi, Code Enforcement; BillyLiggan, Fred Greitzer,

 Planning Board; Jennifer Metzger, RCCE; andabout 20 residents.

PUBLICCOMMENTS: Chris Beall asked if he couldpresent a couple of questions regarding HRVR,LLC; his concern was about thezoning change and SEQRA and if they could legally be lumped together as theywere presented in the original application. Supervisor McDonough said that the zoning change and the SEQRA must beconsidered together and cannot be separated. All concerns can and will be addressed during the pubic scoping sessionof the SEQRA process; Councilwoman Greene interjected that in addition to thescoping session if a change in zoning is considered, a public hearing must takeplace during that part of the process which allows for additional public input.

BetsyTuel asked when and how will the hearings be announced; Supervisor McDonoughstated that it will be in the newspaper as a legal notice as required by law, hewill have it on the Town website and it will be posted around Town.

FredGreitzer said that he understands that DEC only plans to have one (1) scopingsession in Rosendale.

ChickySterritt told the Board that the freezer in the Community Center is broken; theSenior¡¦s had their Ice Cream Social this afternoon and the ice creammelted. Supervisor McDonough said thatthe freezer is not plugged in until it is needed; Chicky said it is broken andthat Ed Connolly had looked at it and the fan is bent; he could fix it tomorrowat no charge; Supervisor McDonough stated that he would have to check thewarrantee as if an uncertified tech worked on it the warrantee if still ineffect would become void.

COMMUNITYEVENTS:

1.Sat., July 12^th- Roof Tile Personalization, Rosendale Library, 10 amto 1 pm.

2.Tues., July 15^th- Roof Tile Personalization, Rosendale Library, 6 pmto 8 pm.

3.Sat., July 19^th&Sun.., Jul 20^th-Rosendale StreetFestival

4.Thurs., July 24^th- Rabies Clinic,RondoutValleyAnimals for Adoption, 6 - 8 pm($5).

5.Wed., Aug. 13^th- Town Board Meeting, 7:00 pm at Community Center (NOWORKSHOP     MEETING IN AUGUST)

MINUTESOF PRIOR MEETINGS: Supervisor McDonough asked if everyone had a chance to reviewthe minutes; two typographical errors were noted in the draft copy and had beenchanged.

Amotion by Supervisor McDonough to accept the minutes of June 4^thandJune 11^thwas seconded by Councilwoman Greene. Roll Vote: 4 Yes; Councilman Minissaliabstained.

COMMITTEEREPORTS: Councilwoman Greene reported that the Planning Board met and gave anegative declaration for the Wild Rose Subdivision Project; she was unable toattend the meeting.

CouncilmanGallagher noted that the minutes of the Recreation Commission are on file andthey are very busy, the pool is open.

CouncilmanMinissali reported that the ZBA received a new application from Dr. Aleo for asignificant variance. SupervisorMcDonough noted that the ZBA had requested and received a copy of the contractbetween the Rosendale Water/Sewer District and Dr. Aleo to be added to theservice. Councilman Minissali asked thatthe Environmental Commission (RCCE) be consulted to see if there are wetlandsinvolved in the project. It was alsonoted that the Water/Sewer Commission is still short a member and are seekingvolunteers; they were able to hold a meeting in June as they had a quorum. Supervisor McDonough stated that theWater/Sewer Commission will soon be requesting a rate increase and definition of¡§unit¡¨ again for billing purposes; they would also like to have a leaseagreement for the Creek Locks Road property so they can get started onexpansion.

SUPERVISOR¡¦SFINANCIAL REPORT: Supervisor McDonough read the end balances for June. The report is on file with the TownClerk.

RESIGNATION:Supervisor McDonough reported Joseph Nuzzo, part-time police officer, hasresigned his position to take a full-time position with the Middletown PoliceDept.; though he was only with us a short time we wish him well.

Amotion was made by Councilwoman Greene to accept the resignation of Joseph Nuzzoas a part-time police officer; seconded by Councilman Minissali. Roll Vote: 4 Yes, Councilman Cluenabsent.

1. Announcement - Applicants are being soughtfor the Zoning Board of Appeals.

2. Announcement - Applicants are being soughtfor the Water/Sewer Commission.

3. Announcement - A letter of decision from theDEC Commissioner Grannis was received bythe Planning Board and the Supervisor; the decision is that Lead Agency will beDEC Region 3 for the SEQRA Review process on the Hudson River Valley Resortproject.

4.Discussion - Revisit of the request for a ¡§No¡¨ vote on the HRVR Zoning Coderevision by Save the Lakes (STL). PeterFiorantino, representing the steering committee of Save the Lakes, again askedthat the Town Board vote ¡§no¡¨ on the application of HRVR for a zoning changein response the STL petition they recently presented to the Town Board. Supervisor McDonough responded that theopinion of two attorneys that represent the Town, and an attorney with theAssociation of Towns was that the Town can not take any action, affirmative ornegative, on the matter at this time; since the application for the zoningchange and subdivision and site plan were all presented together they can not beseparated (this would constitute segmentation). Mr. Fiorantino stated that the opinion of STL attorney James Bacon wasthat this could be voted on and they request that our attorney meet with Mr.Bacon; Supervisor McDonough stated that he does not feel the need for ourattorney to meet with Mr. Bacon but he would entertain Mr. Bacon¡¦s opinion andforward to Ms. Christiana (attorney for the Town). Mr. Fiorantino said that he felt that thezoning change goes beyond the HRVR project and he does not see how it can belegal or them to ¡§bundle¡¨ the applications; Supervisor McDonough willreiterate that opinion to our attorney. Councilman Minissali asked the Supervisor if this was a fiscal matter;Supervisor McDonough responded that it was not. Councilwoman Greene stated that all zoning changes that come before theTown Board are for specific projects and this one is no different. Supervisor McDonough commented that if theTown Board was to vote ¡§no¡¨ it would relinquish control of the project. Councilman Minissali stated that this is justa text change (wording); Supervisor McDonough responded that whether or not thisis just a change in text, the Town Board is compelled to follow the Town Codeprocedure and hold a public hearing on the proposed change. Councilman Minissali stated that he spokewith Joe Eriole, attorney for HRVR, and he said that the Town Board couldcontinue to do research on the matter but take no action. Billy Liggan, Planning Board Chairman, statedthat there were at least four or five separate action that will take placeduring the process which will require public hearings where public comment willbecome an important part of the process. Councilman Gallagher stated that he does not think each phase of theprocess will require a separate SEQRA hearing, he feels that the DEC review asLead Agent will cover all phases; Supervisor McDonough stated that he will seeklegal clarification on the matter.

5.Discussion - Flood Control Mowing. Supervisor McDonough stated that he received a letter of concernregarding the nesting of RedwingBlackbirds in the flood control area behind Stewart¡¦s; the person felt that wemow before the young have left the nest. Supervisor McDonough stated that Carl Hornbeck, Highway Superintendent,does the mowing under the strict supervision of DEC, they tell him when he cancut and he has even waited slightly longer before beginning the mowing.

JoanMaylie, a member of the Environmental Commission, brought up the subject offlood mitigation along the Rondout Creek channel; she had conversation with AnnRiley of ................. who gave the suggestion that the railroad bridge beremoved and Trish Aspenwald of the Army Corps of Engineers suggested that morebrush and tree removal would help reduce the constriction of water flow. Councilwoman Greene said she felt thesituation should be managed by revising the current flood control plan which wasformulated in 1969 between the Town of Rosendale and the Army Corps of Engineerswhen the project maintenance was turned over to the Town; it should proceed withcommunity input and recommendations.

6.Discussion -UlsterCountyMulti-jurisdictional HazardMitigation Plan. UlsterCountyis formulating a county wide planfor the mitigation of both natural and man-made hazards so that when moneybecomes available our needs will be ready. Art Snyder, UC Emergency Manage-ment Director, is responsible forformulating the plan; information is available on their website. Mr. Snyder hascomplimented the Town for the volunteer services ofJoe Havranek, the most involved member.

Lastnight (July 8^th) Central Hudson hosted an informational meeting attheRosendaleCommunity Centerabouttheir emergency plan for their Sturgeon Pool Dam. They have improved the safety of the dam bypinning into the bedrock. They advisedthat anyone can sign up to receive emergency bulletins by signing up on line orby text messaging to their cell phone.

7.Discussion - MS4 Annual Report. DaveMassimi, Rosendale Code Enforcement Officer, who is responsible for our MS4compliance stated that the annual report has been filed even though it was alittle late. We have received high marksfor training all our water/sewer and highway employees during the past year.

8.RESOLUTION -07-2008-#1Authorizing the Purchase ofHighway Equipment. HighwaySuperintendent, Carl Hornbeck, has need to purchase a new 5-7 yard dumpbody. After receiving three quotes, hisrecommendation is to purchase from Hudson River Truck and Trailer ofPoughkeepsie for $5,835.00 which will be paid from the Highway Dept. annualequipment budget.

Amotion was presented by Supervisor McDonough to adopt the resolution; secondedby Councilman Gallagher. Roll Vote:

Councilman CluenYes

Councilman GallagherYes

Councilwoman GreeneYes

Councilman MinissaliYes

Supervisor McDonoughYes

9.RESOLUTION -07-2008-#2Amending the Fee Schedule forMarriage Licenses. The Town Clerk hasproposed amending the fee schedule for marriage licenses to comply with NYSDept. of Health jurisdictional consistency. The fee will change from the current $35.00 to $40.00 and will becomeeffective immediately.

Amotion was presented by Supervisor McDonough to adopt the resolution; secondedby Councilman Cluen. Roll Vote:

Councilman CluenYes

Councilman GallagherYes

Councilwoman GreeneYes

Councilman MinissaliYes

Supervisor McDonoughYes

10.RESOLUTION -07-2008-#3Authorizing Copier ServiceAgreement with Atlantic Business. The resolution is for copier service for theTown Hall machine from April 17, 2008 through April 16, 2009 in the amount of$630.00.

Amotion was made by Supervisor McDonough to adopt the resolution; seconded byCouncilman Gallagher. Roll Vote:

Councilman CluenYes

Councilman GallagherYes

Councilwoman GreeneYes

Councilman MinissaliYes

Supervisor McDonoughYes

11.RESOLUTION -07-2008-#4Authorizing Copier ServiceAgreement with Atlantic Business.

Theresolution is for copier service for theJustice Courtmachine in the amount of$840.00 for the period from May 20, 2008 through May 19, 2009.

Amotion was presented by Supervisor McDonough to adopt the resolution; secondedby Councilwoman Greene. Roll Vote:

Councilman CluenYes

Councilman GallagherYes

Councilwoman GreeneYes

Councilman MinissaliYes

Supervisor McDonoughYes

12.RESOLUTION -07-2008-#5Authorizing Copier ServiceAgreement with Atlantic Business.

Theresolution is for service to the machine in the Building Dept. for the periodfrom April 28, 2008 through April 27, 2009 at a cost of $882.00.

Amotion was made by Supervisor McDonough to adopt the resolution; seconded byCouncilman Minissali. Roll Vote:

CouncilmanCluenYes

CouncilmanGallagherYes

CouncilwomanGreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

13.RESOLUTION -07-2008-#6In Support of a GrantApplication forTown of RosendaleJustice Court. The resolution allows theJustice Courtto apply to the JCAP Grantthrough the NYS Unified Court System for a grant of up to $30,000.00 without theneed for matching funds from the Town ofRosendale.

Amotion was presented by Supervisor McDonough to adopt the resolution; secondedby Councilman Cluen. Roll Vote:

CouncilmanCluenYes

CouncilmanGallagherYes

CouncilwomanGreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

14.Fred Greitzer, Planning Board member, requested that the Town Board approve therecent two (2) hour Health Dept.training course taken by Planning Board members qualify as part of the mandatory yearly training for FredGreitzer, Billy Liggan andJoeHavranek.

Amotion was made by Supervisor McDonough to approve the training as fulfillingtwo (2) hours credit toward the required training for Planning Boardmembers. Roll Vote: 5 Yeses.

CouncilmanCluen asked if signs in the outlying areas advising about the bridgeconstruction could say ¡§single lane¡¨; Supervisor McDonough said that he wouldcheck with DOT.

CouncilmanMinissali quoted from the August 2000 minutes related to a traffic advisorycommittee being formed; he reiterated that this committee should be formednow. Supervisor McDonough stated that hewill keep communicating with the Rosendale Police, Ulster County Sheriff and theNYS Police regarding traffic problems related to the bridge rehab.

AUDITEDOF BILLS:

GENERAL FUND VOUCHER¡¦S #632-723 TOTALING $45,836.68

HIGHWAY FUND        ¡§             #130-160        ¡§           $ 9,461.74

SEWER FUND              ¡§             # 99-114        ¡§           $ 4,585.69

WATER FUND              ¡§             # 92-107        ¡§          $ 3,757.24 

CAP. RES. HIGHWAY  ¡§            # 1        ¡§          $45,029.00

SHWANGUNK REG. PART.       #2-3                ¡§          $     247.54

Amotion was made by Councilman Minissali to pay the vouchers; seconded byCouncilwoman Greene. Roll Vote: 5 Yeses.

Amotion was made by Councilman Cluen to adjourn at 8:50 pm; seconded byCouncilman Minissali. Roll Vote: 5 Yeses.

Respectfully submitted,

Joan S. Jordan

Town Clerk

ROSENDALE TOWN BOARD

SPECIAL TOWN BOARD MEETING                                  DRAFT

JULY 28,2008

The meeting was called to orderby Supervisor McDonough at 6:00 pm at theRosendaleCommunityCenter.

PRESENT:Councilman Kenneth Cluen

Councilman Robert Gallagher

SupervisorPatrickMcDonough

ABSENT:CouncilwomanManna Jo Greene

Councilman Richard Minissali

ALSO PRESENT:Phyllis Noreen

Supervisor McDonough announcedthat the purpose of the meeting was to adopt resolutions for holding publichearings for the regulation of outdoor wood burning boilers; public hearings(two) for proposed leases between the High Falls Water District and CellcoPartnership (d/b/a Verizon) and Time Warner related to wirelesscommunications.

1. RESOLUTION: S07-2008-#7 To Hold a Public Hearing to Consider the Enactment of a LocalLaw to Regulate the Operation and Installation of Outdoor Wood Burning Boilerswithin the Boundaries of the Town of Rosendale. The public hearing is scheduled for Wednesday, August 13, 2008 at 7:00 pmat theRosendaleCommunity Center.

A motion was presented bySupervisor McDonough to adopt the resolution; seconded by Councilman Cluen. Roll Vote:

CouncilmanCluenYes

CouncilmanGallagherYes

CouncilwomanGreeneAbsent

CouncilmanMinissaliAbsent

SupervisorMcDonoughYes

2. RESOLUTION: S07-2008-#8 To Announce a Public Hearing for a Joint Town Board Meetingwith the Town of Marbletown to Consider a Lease Agreement with Verizon for theHigh Falls Water District. The publichearing will be held on Tuesday, August 12, 2008 at 6:30 pm at the High FallsFire Dept. Hall,7-11 Fire HouseRoad,High Falls,NYfor comment by the public on proposedlease of surplus space on the water storage tank at176 Mohonk Road,High Falls,NYfor wireless communications antenna.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Cluen. Roll Vote:

CouncilmanCluenYes

CouncilmanGallagherYes

CouncilwomanGreeneAbsent

CouncilmanMinissaliAbsent

SupervisorMcDonoughYes

3. RESOLUTION: S07-2008-#9 To Announce a Public Hearing for a Joint Town Board Meetingwith the Town of Marbletown to Consider a Lease Agreement with Time Warner Cablefor the High Falls Water District. Thepublic hearing is scheduled for Tuesday, August 12, 2008 at 6:30 pm at the HighFalls Fire Dept. Hall,7-11 FireHouse Road,High Falls,NYfor comment by the public on a certainproposed lease of 1200 square feet of property on theMohonk Roadpropertyof the High Falls Water District.

A motion was presented bySupervisor McDonough to adopt the resolution; seconded by CouncilmanGallagher. Roll Vote:

CouncilmanCluenYes

CouncilmanGallagherYes

CouncilwomanGreeneAbsent

CouncilmanMinissaliAbsent

SupervisorMcDonoughYes

AUDIT OF BILLS:

GENERAL FUND VOUCHER   #736TOTALING $2,000.00

A motion was made by CouncilmanGallagher to pay the bills; seconded by Councilman Cluen. Roll Vote: 3 Yes, 2 Absent.

A motion was made by CouncilmanCluen to adjourn at 6:31 pm; seconded by Councilman Gallagher. Roll Vote: 3 Yes, 2 Absent.

Respectfully submitted,

Joan S. Jordan

Town Clerk

TOWN OFROSENDALE                                                        DRAFT

TOWN BOARD MEETING/PUBLICHEARING

PROPOSED LOCAL LAW WOODFURNACES

AUGUST 13,2008

The meeting was called to orderat 7:00 p.m. by Supervisor McDonough at theRosendaleCommunityCenterwith the Pledge to the Flag.

PRESENT:Councilman Kenneth Cluen (arrived 7:05 p.m.)

CouncilmanRobert Gallagher           CouncilwomanManna Jo Greene

CouncilmanRichard Minissali

SupervisorPatrick McDonough

ALSO PRESENT:Jennifer Metzger, Ed Maestro, Betsy Teul,Fred Greitzer, Dee McClusky, Brian Farmer, Ron Parenti,Joe Havranek, Dennis Kaye, Ken Hassett, Billy Liggan,Tom Fiore representing various Town committees and Commissions; about 70residents.

PETITIONS/PUBLIC COMMENTS: Chris Beall spoke regarding the Hudson RiverValley Resort; he asked when and how comments not addressed in the environmentalreview will be addressed; he is looking for clarity of the ambiguity in theamendment and to provide in-put to Town Board deliberations. Various members of the Town Board respondedthat all comments from the public hearing would be addressed whether they hadbeen included in the environmental assessment submission. Mr. Beall provided awritten submission.

Peter Fiorentino, Save the Lakes,addressed the Board stating that SEQRA regulations (¡±1617.5c) does allow forthe Town to reject an application for zoning change. Mr. Fiorentino advised the Board to gothrough the document (zoning application) as presented with a fine tooth comb;he feels if the Town waits until the end of the process the Town could beleaving itself open to a law suit by the applicant.

MINUTES OF PRIOR MEETINGS: Amotion was made by Councilman Minissali to accept the minutes of the July9^thTown Board; seconded by Councilman Gallagher. Roll Vote: 5 Yeses.

COMMITTEE REPORTS: Councilman Cluen reported that the YouthCommission did not have their regular meeting but everything is rolling along;the Transfer Station is doing well; a proposed dog kennel at the TransferStation is coming along which will relieve some of the costs the Town pays forboarding; the High Falls Water Commission met last night, no money wasforthcoming to Rosendale.

Councilman Gallagher stated thatthe minutes of the Recreation Commission should be on file.

Councilwoman Greene announcedthat the Planning Board met last Thursday; most of the meeting was discussion ofthe proposed regulation of outdoor wood furnaces, and the Maple Hilltransitional home application. TheZoning Review Committee met and has done a lot of work and has been extremelycollaborative; a sub-committee has been formed to pursue hiring a consultant forthe committee to be appointed by the Town Board. The Police Commission minutes are onfile.

Councilman Minissali reportedthat the ZBA is quiet right now; Water/Sewer Commission has correspondence tothe Board possible rate increase changes; they are still looking for acommission member.

CORRESPONDENCE: Supervisor McDonough stated that thecorrespondence is on file with the Town Clerk.

SUPERVISOR¡¦S FINANCIALREPORT: Supervisor McDonough read theend balances for the month of July; the report is on file with the TownClerk.

RESIGNATIONS: Supervisor McDonough announced theresignations of Corey Brainard as Youth Recreation Aide and Stacia Torelli fromthe Youth Commission. A motion was madeby Councilman Cluen to accept the resignations of Corey Brainard and StaciaTorelli; seconded by Councilman Minissali. Roll Vote: 5 Yeses.

APPOINTMENTS: Supervisor McDonough moved to appoint RonaldMcGhee as Youth Recreation Aide;seconded by Councilwoman Greene. Roll Vote: 5 Yeses.

A motion was made by SupervisorMcDonough to appoint Ken Oldehoff and Councilman Richard Minissali as alternatesto the Zoning Review Committee; seconded by Councilwoman Greene. Roll Vote: 4 Yeses, 1 Abstention (Minissali).

PUBLIC HEARING: Supervisor McDonough opened the publichearing on ¡§A proposed Local Law to Regulate the Operation and Installation ofOutdoor Wood Burning Boilers within the Boundaries of the Town of Rosendale¡¨ at7:20 p.m.

Jennifer Metzger, Chair of theEnvironmental Commission, gave recommendations for alternate resources availableto the use of outdoor wood boilers that would not endanger the health ofresidents. Ms. Metzger submittedAssessments&Recommendations from the Environmental Commission dated August11, 2008 citing poor combustion, high particulate emission from studies done byNESCAUM and the NYS Attorney General¡¦s Office. The recommendation (according to Ms. Metzger) was to ban the boilersuntil they can meet higher standards

Supervisor McDonough stated thatthere are differing opinions on banning wood boilers; the original idea was toregulate them.

Ed Maestro (EnvironmentalCommission member) gave some additional statistics from reports stating there isa big difference between a 200 foot and a 500 foot setback in the disbursementof particulates. With the uniquetopography of Rosendale the most affected area would be downtown where it wouldsettle. He stated that catalyticconverters don¡¦t work on these boilers because of the extremely hightemperatures.

Barbara Pambino stated that shelives four (4) doors from an outdoor wood furnace; there is smoke all over. She spoke with Ulster County LegislatorsBrian Shapiro, Alan Lomita and Councilman Robert Gallagher about the situationas she has a compromised immune system, nothing has happened yet. She has been told to have them put tallerstacks on the boilers but she is still ¡§down wind¡¨; she does not feel theseare the answer to high fuel costs.

Supervisor McDonough interjectedthat there are no regulations inUlsterCountyorNew YorkStateregarding these boilers.

Norma Maestro asked if we areonly considering regulating, not banning the boilers?

Gary Jacobson asked that the Townconsider how many boilers could be installed in Town with the 500 footsetback.

Cal Rider fromMountain Roadstatedthat he has a boiler and needs it to survive; he has a problem with the databeing presented. He feels a blanket banwill not serve the community; technology is advancing but needs time to catch uptherefore it would not be fair to ban the boilers. He asked where do you stop if you ban theseboilers; fireplaces, woodstoves, etc. Mr. Rider gave several sets of info to the Board and the Clerk.

Paul Costa of Tillson stated thatthe Town should not jump into copying this law from the Town ofHurleywhich was basedupon a neighbor dispute and the information from studies that are based on 2005data. He urged the Board not to jump toconclusions.

 Ron Parenti,Main Streetresident, asked how many boilers are there in Town presently; the response was 4or 5 are operational and another 4 or 5 permits are open. He said that he has a pellet stove becausethe initial expense of a boiler was a deterrent.  He feels it is a separate issue betweenthose that already have the boilers and those who may want them in the future;impose a two (2) year ban on an new installations until the manufacturers cancomply with emission standards.

Paul Costa said that the Boardshould empower the Code Enforcement Officer to cite violators who burn rubbishor other materials (pressure treated wood) which is not what these boilers weremeant to burn. He asked how manycomplaints has the Town receivedto garbage or wood burning. Tom Fiore, Building Inspector, said therehave been more complaints against burn barrels than stoves or boilers; DaveMassimi started to ban burn barrels. Mr.Costa suggested that the Code Enforcement Officer inspect these 4 or 5 furnacesduring the winter when they are in operation.

JoeHavranekspeaking for the Planning Board said they have prettyneutral comments; he provided a hand out copy of the proposed law with commentsand notations from the Planning Board; which he went through item by item. The recommendations are on file with the TownClerk.

Bob Ryan of Tillson cited a maplesyrup production facility in his neighborhood on a small parcel and nearcommunity buildings as being a pollutant. Ken Oldehoff advised him that most of what you see coming from the mapleproduction is steam, not smoke; Supervisor McDonough stated that there are alsopollutants. Mr. Ryan also asked that theTown re-evaluate burn barrels and etc. as pollutants versus oil usage.

Tom Ferry stated that he hasalready obtained a permit to install a wood boiler; he asked if he would fallunder the new law and can he proceed with the installation. Tom Fiore said that those who already havepermits may proceed; Councilwoman Greene noted that the applicants should beaware that they would be ¡§grandfathered in¡¨ but would not be immune fromregulation. Ken Hassett, Deputy FireMarshal, stated that they would fall under the current regulations.

Supervisor McDonough said thatlegal advice is needed; there are a lot of problems with the heights of thesmoke stacks; he stated that he will personally call if there is a legaldifference.

Barbara Pambino asked whatrecourse do residents have when they feel their health is in jeopardy;Supervisor McDonough stated that he was ¡§unsure¡¨. JoeHavranekresponded that you could always file a civil suitagainst the person.

Naja Kraus of the EnvironmentalCommission said that she hoped that the Town Board would pass a ban on permits;Supervisor McDonough responded that another public hearing would be necessary topass a moratorium. Ms Kraus said she isvery concerned after reviewing all the data; she also stated that NYSERDA isoffering grants and assessments for those that qualify.

Mike Harrison of Tillson statedthat he lives across the street from Mario Restivo who has a wood boiler and hehas no problem with smoke; he feels that wood stoves will be more prolific and agreater danger.

Mario Restivo questioned theenforceability of the law which is copied from the Town ofHurley; it doesn¡¦t allowyou to work with the owner. Mr. Restivofeels that the law was poorly written; doesn¡¦t address time frames (boilers areonly used in winter for the most part). Mr. Restivo stated that he removes and replaces his smoke stacks becauseof the creosote accumulations; he doesn¡¦t feel the law was written or reviewedby the right people.

Councilmen Cluen and Minissaliasked about having a special meeting to keep moving forward on this issue.

Ken Hassett cautioned the Boardnot to make ¡§a knee jerk reaction¡¨; open burn barrels are more dangerous tohealth and there is a liability possibility.

A motion was made by SupervisorMcDonough to keep the public hearing open until the September 3, 2008 Town BoardMeeting for written comments; seconded by Councilman Cluen. Roll Vote: 5 Yeses.

Supervisor McDonough andCouncilwoman Greene noted that energy audits are being done by Ulster CountyCommunity Action, NYSERDA and Mid Hudson Energy Smart.

A five (5) minute break wastaken.

PRESENTATION: Peter Fairweather, consultant, was to havegiven a Power Point presentation on the Proposed Route 32 CorridorCommercial/Industrial Design Guidelines but due to the lateness he just gave anoverview; this is an addendum to the Comprehensive Plan not a zoningchange. It will serve as a ¡§tool kit¡¨of suggestions for industrial and businesses along the corridor for such thingsas signage, parking, lighting and etc. and help to maintain the scenic andnatural beauty of the area. Peter saidthat the committee has to decide whether these will be guidelines or standardsto recommend to the Town Board.

Councilman Gallagher thankedPeter Fairweather and Dennis Kaye and the other members of the committee for allthe time and work they have expended with the committee in drafting thisdocument.

John Maylie asked what theprocess will be in adopting the recommendations; Supervisor McDonough statedthat some comments would be from the public; we already have recommendationsfrom the Environmental Commission, an unofficial review by the Rosendale andUlster County Planning Boards and a public hearing would be necessary to adoptthe guidelines.

Peter Fairweather and GaryJacobson will read the guidelines to see if there is need to codify to theCode.

Vicky Coyne stated that when shewent before the Planning Board she was not asked to show a building design onlya site plan; she feels that Planning Board needs to authority to ask forbuilding design plans.

JoeHavranekstated that special use requires a design to blendwith the community; the Zoning Review Committee (ZRC) will solicit comments fromthe Planning Board, Comprehensive Plan and the ZBA. Councilwoman Greene said that the ZRC shouldlook at all issues the various boards are dealing with. JoeHavraneksaid he feels the ZBA and Planning Board should listcommon issues before them for zoning changes.

DISCUSSION: Purchase of Pick-uptruck for the Transfer Station. HighwaySuperintendent Carl Hornbeck had submitted a recommendation for the Town topurchase a 2009 Ford Super Duty F-250 4-wheel drive, regular cab truck underState Bid for $18,349.00 which includes a snow plow prep-package and deliverycharges. The payment for this vehiclecould be done over two (2) years, 2008&2009 at a cost of $9,174.50 peryear. A snow plow could be budgeted forin the Transfer Station 2009 request for about $5,000.

Councilman Gallagher stated thatthe truck should be purchased through the General Fund and belongs to theTransfer Station.

Councilman Minissali suggestedthat we look for an alternate fuel vehicle; Councilman Cluen responded thatthere are no hybrid trucks on the market; Councilwoman Greene suggested that theSupervisor check withWestchester, they have analternative fleet.

Supervisor McDonough said that aresolution for the purchase will be presented next month.

DISCUSSION: Purchase of storageunit to refurbish as dog kennel. Councilman Cluen said that we would rehab a 40 foot steel unit; it wouldhave geo-thermal heating and insulated siding. The kennel would be placed at the Transfer Station and would save theTown considerable money we now spend for boarding our seized dogs. The cost of the unit would be $2,300. A resolution will be presented nextmonth.

DISCUSSION: Rosendale Water/SewerDistrict is looking for a possible rate change; a sheet outlining three optionswas compiled by Terry Johnson, District Superintendent, for the Board toreview.

RESOLUTION:8-2008-#3Encumbrance and Overtime Pay Spending Deadline. The resolution set August 28,2008 for acceptance of purchase order requests; after said date all overtimemust be approved in advance by the Supervisor. Any purchases made without a purchase order will hold the individualresponsible personally liable. Emergencysituations will be handled on an individual basis.

A motion was presented bySupervisor McDonough to adopt the resolution; seconded by Councilman Cluen. Roll Vote:

Councilman CluenYes

CouncilmanGallagherYes

CouncilmanMinissaliYes

Councilwoman GreeneYes

SupervisorMcDonoughYes

RESOLUTION:8-2008-#4Authorizing the Supervisor to Issue a Request for Proposals for Consultant tothe Zoning Code Review Committee. Theresolution would authorize the Supervisor to issue a request for proposals for aconsultant to the Zoning Review Committee as recommended by the committeetrained and experienced in revising municipal codes.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Gallagher. Roll Vote:

Councilman CluenYes

CouncilmanGallagherYes

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

JoeHavranektold the Board that the Zoning Review Committee willneed money to operate; advised Chairman Jacobson to develop budget withSupervisor.

EXECUTIVE SESSION: A motion was made by Supervisor McDonough toenter executive session to discuss the possible hiring of a certain person at10:10 p.m.; seconded by Councilman Gallagher. Roll Vote: 5 Yeses.

Out of executive session at 10:25p.m..

A motion was made by CouncilwomanGreene to allow the Supervisor to present a resolution to hire a land useattorney; seconded by Councilman Gallagher. Roll Vote:

5 Yeses.

AUDIT OF BILLS:

GENERAL FUND VOUCHER¡¦S #737-835TOTALING $57,441.76

 HIGHWAY FUND        ¡§            #161-193         ¡§          $49,511.46

SEWER FUND              ¡§            #116-132         ¡§          $ 6,370.05

WATER FUND             ¡§            #109-124         ¡§          $ 4,072.98

VAN FUND                   ¡§            #   2                ¡§          $      42.84

A motion was made by CouncilmanGallagher to pay the bills; seconded by Councilman Cluen. Roll Vote: 5 Yeses.

A motion was made by CouncilwomanGreene to adjourn at 10:55 p.m.; seconded by Councilman Minissali. Roll Vote: 5 Yeses.

Respectfully submitted,

TOWN OFROSENDALE                                             

TOWN BOARD WORKSHOP MEETING

CONTINUED PUBLIC HEARING

SEPTEMBER 3,2008

The meeting was called to orderat 7:30 p.m. by Supervisor McDonough at theRosendaleCommunityCenterwith the Pledge to the Flag.

PRESENT:Councilman Kenneth Cluen

Councilman Robert Gallagher

CouncilwomanManna JoGreene

Councilman Richard Minissali (excused 8:15 p.m.)

SupervisorPatrickMcDonough

ALSO PRESENT:Jack Snyder, W/S Commission; BillyLiggan, Planning Board; Jennifer Metzger, RCCE; Betsy Tuel, ZRC; and about 27residents.

PUBLIC COMMENTS: See continuation of public hearing below.

APPOINTMENTS/ RESIGNATIONS: Supervisor McDonough announced that thePolice Commissioners have approved the hiring of Thomas O’Connell as a part-timepolice officer.

A motion was made by CouncilmanCluen to appoint Thomas O’Connell as a part-time police officer; seconded byCouncilwoman Greene. Roll Vote: 5 Yeses.

1.) ANNOUNCEMENT: The Rosendale Water/SewerCommission is still seeking applicants for the W/S Commission.

2.) PUBLIC HEARING (CONTINUED): Supervisor McDonough announced thecontinuation of the public hearing on the Proposed Local Law to Regulate OutdoorWood burning Boilers, currently still open for written comments.

Joe McConnell, of Tillson,commented that he has several boilers close to his home in Tillson and onelocated within twenty (20) feet of a school bus stop; don’t allow any morepermits to be issued.

Supervisor McDonough stated thathe has advised Tom Fiore, Building Inspector, that it is incumbent to notifyapplicants that regulations will need to be followed.

Mr. McConnell also commented thatburn barrel smoke has filled his home with smoke which he became aware of afterattending the August 13^thpublic hearing; he further commented thatboilers are not certified; he feels both should not be allowed.

Donna Fritz, of Tillson, statedthat she is concerned about the boilers smoldering 24 hours a day; the smokefills her yard so that they are unable to enjoy their property.

Paul Costa, of Tillson, said thathe feels fireplaces and woodstoves are of greater concern.

Jennifer Metzger, RCCE Chairman,stated that the EPA and DEC, air quality agencies, have stated that theparticulate levels from wood burning boilers far exceeds those ofwoodstoves.

Cal Rider, ofMountain Road,disputed reports from NESCOUM. They arepushing for higher standards for every thing; other studies are not asdramatic. He stated that ODWBs are nottested in the same manner as woodstoves; they need some restraint in the “realworld”; to just ban them does a disservice to the residents. Mr. Rider added that boilers are used formore than just heat the home; they are used to provide domestic hot water.

Barbara Pambino,Main Street,Rosendale, has submitted petitions with more than one hundred (100) signaturesopposing outdoor wood burning boilers; they create so much smoke.

Steve Wells,River Road, Tillson,opposed the contention about smoke; he has a wood furnace in his house and hasno problem with smoke.

Donna Fritz, Tillson, stated thateverything she has read about outdoor wood boilers is bad; she would like to seeany documentation of anything good about them that could be provided.

Councilwoman Greene stated thather concern is that people have invested money in this equipment; they should beused out in the country not in villages or densely populated areas. She statedthat six (6) have been permitted and installed and 7 have been permitted but notinstalled; she doesn’t feel we should wait to act on this; she feels thatapplications will triple while we are waiting.

Supervisor McDonough indicatedthat a revised local law will be presented (recommendation of the EnvironmentalCommission) which would necessitate a new public hearing; this was confirmed byCouncilman Gallagher (former supervisor) and the Town Clerk. Supervisor McDonough said there is a lot ofmaterial to be reviewed in one week. Councilman Minissali said there is some degree of urgency to this matter;he stated that he would commit to reading the material by next week.

Supervisor McDonough said that hewould leave the current public hearing open while he obtains a legalopinion.

Paul Costa, Tillson, feels thereis no need to rush, take all the information good and bad), tear it apart andreassemble before deciding.

Joe McConnell, Tillson, said thatno making a decision could present a legal challenge.

Maureen Morrow, Tillson, statedthat you can lift a ban but if you don’t have a ban there is nothing to lift (ithas been suggested that instead of regulating these boilers, they be bannedentirely until more research is done).

Ann Sarrantonio,South Street,Rosendale, thanked the Board for their consideration of this matter. She feels that a notice to newly permitted tohold off installation until we know what the regulations will be.

Tom Ferry, Tillson, stated thathe put his boiler as far from neighbors as possible and the only time he wouldhave smoke lingering would be with “still air”; people should not allow theboiler to smolder.

Supervisor McDonough stated thatif the boilers are operated properly they will be more efficient.

Mario Restivo, Tillson, contendedthat the NESCOUM data is flawed; they are acting on 1995 information for thereport of 2002; efficiency has improved; if proper used there is minimalsmoldering...

Dan Baker, Tillson, stated thatthe issue come to complete or incomplete combustion; wood stoves achievecomplete combustion, outdoor boilers do not (when furnace is closed there is alack of oxygen even when the stack is open); this produces large particles. Mr. Baker stated that the fire box inthe house is a scare tactic (oil, propane, etc.) are safe tools; he has nothingagainst burning wood it’s the combustion issue.

Chris Pryslopski, Tillson, statedthat he has three (3) boilers within his neighborhood; he is not for or againstthem (he provided two (2) pages of concerns and considerations)

A motion was made by SupervisorMcDonough to keep the public hearing open until Wednesday, September 10, 2008,the next Town Board Meeting; seconded by Councilman Cluen. Roll Vote: 4 Yes, 1 Absent (Minissali)

3.) DISCUSSION: Supervisor McDonough spoke about theUlsterCounty“Winter Watch” initiative. The County is lobbying for additional moneyto assist residents this winter; the income eligibility threshold has beenchanged. A leaflet is available at TownHall and various other locations that provide tips for saving energy, andsafety.

4.) DISCUSSION: Purchase of a truck for the Transfer Station; a 2009 Ford Super DutyF-250 4 wheel drive, regular cab under NY State Bid for $18,349.00 was discussedat the August 13^thmeeting and again at this time. A resolution to purchase the truck will bepresented next week.

5.) DISCUSSION: Purchase of a storage unit to refurbish into a dog kennel was againdiscussed. The cost of the trailer is$2,300.00. A resolution will bepresented next week.

6.) DISCUSSION: Hiring a Land Use Attorney to assist and advise the Zoning ReviewCommittee and the Town in matters of municipal land use, zoning code review andshall provide any and all legal services and/or defenses which may beappropriate in these proceedings. Aresolution will be presented next week.

7.) DISCUSSION: Ulster County Town Clerk’s opposition to consolidation of “Registrar ofVital Statistics” duties at the County level. Supervisor McDonough elaborated that this would be an inconvenience tothe residents of the County to have to go toKingstonevery time they needed a copy of homebirth records, to obtain a marriage license or etc. especially in light of thecurrent gas prices. He stated that asimilar resolution will be presented to theCountyLegislatureby Philip Terpening our locallegislator. A resolution will bepresented next week.

DATES TO REMEMBER:

1.Every Sun. through Nov.- Farmer’s Market, 9am to 2pm atRecCenter

2.Thurs., Sept.4 – Rosendale Library Budget Vote, 11am to 8pm atLibrary

3.Sun., Sept 7 – Grandparents Day Pancake Breakfast, 8am to noon atBloomington Fire House

4.Wed., Sept. 10 – Town Board Meeting, 7:30pm atRecCenter

5.Sat., Sept. 13 – Chicken BBQ, 2pm to 7pm atBloomingtonReformedChurch

6.Sun., Sept. 14 – Drum Depot Grand Opening, 1pm to 3pm at413 MainStreet

7.Sat., Sept. 20 – Nickel Social, 6pm atRosendaleRecCenter

Jack Snyder asked if a petitionabout the halfway house proposed inBloomingtonhas been received by the Town. Supervisor McDonough responded that nothingnew has come before the Planning Board and he understands that the property isto be auctioned off. Mr. Snyder statedthat the old jail would be a better location; Supervisor McDonough agreed; it’scloser to services.

AUDIT OF BILLS:

GENERAL FUND VOUCHER’s #838-890TOTALING $22,461.02

HIGHWAY FUND        “           #194-200        “          $  7,946.29

SEWER FUND              “           #133-139        “          $  3,960.49

WATER FUND             “           #125-132        “          $   7,500.09

A motion to pay the vouchers wasmade by Councilwoman Greene; seconded by Councilman Cluen. Roll Vote: 4 Yes, 1 Absent.

A motion to adjourn was made at8:55 pm by Councilman Gallagher; seconded by Councilwoman Greene. Roll Vote: 4 Yes, 1 Absent.

Respectfully submitted,

Joan S. Jordan

Town Clerk

TOWN OFROSENDALE                                                          DRAFT

TOWN BOARD MEETING

CONTINUED PUBLIC HEARING OUTDOORBOILERS

SEPTEMBER 10,2008

The meeting was called to orderby Supervisor McDonough at 7:30 pm at theRosendaleCommunityCenterwith the Pledge to the Flag.

Supervisor requested a moment ofsilence in remembrance of the victims of September 11, 2001.

PRESENT:Councilman Kenneth Cluen

Councilman Robert Gallagher

CouncilwomanManna JoGreene

Councilman Richard Minissali

SupervisorPatrickMcDonough

ALSO PRESENT: Fred Greitzer,JoeHavranek, Randi Morf, Billy Liggan, Planning Board members; KenHassett, deputy fire marshal; Betsy Tuel, ZRC member; and about a dozenresidents.

PETITIONS: A petition was presented by Paul Costaopposing the proposed local law to regulate outdoor wood burning boilers; thepetition consisted of twenty two (22) pages with three hundred twelve (312)signatures; he also presented one sheet and two packets of informational data about boilers.

COMMENTS: Sheila Brady complimented the Town web siteand requested that two important pieces of information pertaining to the HRVRproject be posted to the web site:

the letter of July 7 declaringDEC as Lead Agency and the DEC Positive Declaration (SEQR).

Chris Pryslopski asked where hecould obtain a copy of the proposed local law for OWB’s; Supervisor McDonoughresponded that it could be obtained at Town Hall.

DATES TO REMEMBER:

1.Every Sun.-Farmer’s Market, 9am to 2pm atRecCenter

2.Sat., Sept. 13- Rosendale Library 50^thAnniversaryParty, 1pm atRecCenter

3.Sat., Sept. 13-Chicken BBQ, 2-7pm atBloomingtonReformedChurch

4.Sun., Sept. 14-Drum Depot Grand Opening, 1-3pm,413 Main Street

5.Sat., Sept. 20-Nickel Social, 6pm atRosendaleRecCenter

MINUTES OF PREVIOUS METTING:

A motion was made to accept theminutes of the August 13^thmeeting by Councilman Gallagher; secondedby Councilman Minissali. Roll Vote: 5Yeses.

COMMITTEE REPORTS: CouncilmanMinissali announced there is a dire need for volunteer members for theWater/Sewer Commission so they can transact business; ZBA has had an alternatemember move up due to vacancy; a query of an in-law apartment onMain Streethas beenmade to bring it up to code.

Councilman Cluen reported thatthe Youth Commission is offering a defensive driving class and their report ison file at Town Hall; the Transfer Station has made money in both July andAugust and doing well; Environmental Commission is studying the outdoor woodburning boilers; doing mapping and etc.

Councilman Gallagher reportedthat the Recreation Commission is functioning as usual as of August27^th.

Councilwoman Greene reported thatthe Planning Board met September 4^th, Wild Rose is finishing goingthrough the process; storm water plans are coming; a sub-committee was formed tostudy the Horizon Re-entry (a pre-application meeting was held but no formalapplication was made) project due to the complexity of the project and thecommunity concern. Suggestions were madethat the project be moved to the “old county jail”. Ms. Greene stated she was away for the Policecontract meeting; Supervisor McDonough stated the negotiations areon-going. Ms. Greene reported that theZRC met and discussed hiring a planner to help them; they are preparing apreliminary budget for 2009. SupervisorMcDonough responded to question of “where does the RFP (request for proposal)stand; he said they are coming back by the end of the week. JoeHavranekasked about the roll of alternate members to theplanning board and how they are picked to serve; Supervisor McDonough stated “analternate is an alternate and it’s up to the committee to choose”. Ms. Greene wanted to commend Leslie Treut,clerk to Planning Board, ZBA and ZRC, for the timeliness in preparation of theminutes and getting them on-line.

Councilman Minissali also wantedto commend the ZRC for their serious approach to their mission.

SUPERVISOR’S FINANCIALREPORT: Supervisor McDonough read theend balances for the month of August; the report is on file with the TownClerk.

APPOINTMENTS/RESIGNATIONS: Supervisor McDonough announced theresignation of Rick Vanden Heuvel from the Environmental Commission (RCCE); hewould prefer to be an alternate member as per his letter of resignation.

A motion to accept, with regret,the resignation of Rick Vanden Heuvel from the RCCE was made by CouncilmanMinissali; seconded by Councilwoman Greene. Roll Vote:     5 Yeses.

1.) ANNOUNCEMENT: The Water/Sewer Commission is still in needof volunteer applicants to serve on the Commission; they must reside in eitherthe water, sewer of both districts. Theneed is urgent.

2.) CLOSE OF PUBLIC HEARING: Supervisor McDonough announced that legaladvice was that if substantive changes are to be made, a new public hearing hasto be initiated. There has been difficulty in writing the law and it istherefore not feasible to start a new public hearing; instead the Board willcall for a public hearing for a moratorium for ninety (90) days on the proposedlocal law pertaining to regulating outdoor wood burning boilers. Kelly Havranek said she feels ninety days isan unrealistic moratorium. Fred Greitzerstated that the Ulster County Planning Board has been objecting to lengthymoratoriums but ninety days seems reasonable. Joe Havranekstated that thereason for the moratorium is stated in the moratorium related to the proposedlocal law (to regulate the permitting, installation and/ or construction ofoutdoor wood burning boilers); SEQR will also be involved and it must go beforethe Rosendale and Ulster County Planning Boards.

Cal Rider asked how thismoratorium will affect those who already have permits; Supervisor McDonough saidgo ahead but regulations will be coming. Mr. Rider stated that the Town ofHurleyis not going to issue waivers on thosewho were “grandfathered in”. SupervisorMcDonough said he will talk to Gary Bellows, Hurley Supervisor, to see if that’sa fact.

Paul Costa asked that theregulations be made reasonable to a “reasonable person”.

Councilman Minissali said thatthe county, state and federal governmental bodies are looking at regulations;even if we take no action they could.

JoeHavraneksuggested that a sub-committee be set up as part ofthe moratorium to get a cross section of fact and opinion.

A motion was made by CouncilwomanGreene to close the public hearing on the proposed local law to “regulate theoperation and installation of outdoor wood burning boilers”; seconded byCouncilman Minissali.  Roll Vote: 5Yeses.

3.) RESOLUTION9-2008-#1-For the Purchase of a Truck forthe Transfer Station. The resolution isfor the purchase, under NY State Bid, of a 2009 Ford F-250 four wheel-drive,regular cab and long box truck at a purchase price of $18,349.00, payments overtwo (2) years.

A motion was made to adopt theresolution by Supervisor McDonough; seconded by Councilman Gallagher. Roll Vote:

Councilman CluenYes

CouncilmanGallagherYes

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

4.) RESOLUTION9-2008-#2-For the Purchase a SteelStorage Container for Conversion to a Dog Kennel. The resolution authorizes purchase of a steelcontainer for $2,300.00 for conversion to become a heated shelter for thirtydogs.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Cluen. Roll Vote:

Councilman CluenYes

CouncilmanGallagherYes

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

5.) RESOLUTION9-2008-#3 Authorizing Legal Representation. The resolution authorizes the hiring of Shannon Martin LaFrance, toprovide legal representation and advice in Municipal Land Use issues, ZoningCode Review, and other matters at $175.00 per hour.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Cluen. Roll Vote:

Councilman CluenYes

CouncilmanGallagherYes

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

Discussion followed; she willmake a proposal for retainer later to save the Town money; she will do separateaccounting on anything dealing with HRVR; she resides in Dutchess County; hasdone work for Dover, Dover Plains, Marbletown, Gardiner and possibly Lloyd.

Ken Hassett stated that he hopedthis was not an “open ended” authorization for legal services to the ZRC;doesn’t want to see them “re-invent the wheel” or that a simple charge becomes aseven year event. Supervisor McDonoughresponded that the resolution for the ZRC had a definite time-line and will useattorney at the end to consult on legality of the review to compliment andincorporate the comprehensive plan; the mission is clear and concise. CouncilmanMinissali said that the ZRC has no intention to “re-invent the wheel”.

Fred Greitzer stated that the ZRCshould also be getting in-put from the Planning Board and ZBA as to their ongoing problems and concerns.

6.) RESOLUTION9-2008-#4Consolidation of “Registrar ofVital Statistics” Duties at theCountyLevel. The resolution is in opposition to consolidation of these duties at thecounty level; citing economic hardship and unnecessary travel; the proposal wastagged on to an unrelated bill entitled “Pandemic Flu and Public HealthEmergency Preparedness Law”.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Gallagher. Roll Vote:

Councilman CluenYes

CouncilmanGallagherYes

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

7.) RESOLUTION9-2208-#5 To Hold a Public Hearing to Consider the Enactment of a Local LawImposing a Moratorium on the Permitting, Construction and/or Installation ofOutdoor Wood Burning Boilers within the Boundaries of the Town ofRosendale. A short discussion about the proposed publichearing and law took place; a proposed change was made to the resolution priorto adoption (paragraph two (2) to add the words “and/or regulations” to thefirst line of the resolution.

A motion was made by SupervisorMcDonough to amend the resolution to read:” WHEREAS, the Town Board of the TownofRosendalefinds that it is necessary to enact a local law “and/or regulations to regulatethe operation………….”; seconded by Councilman Cluen. Roll Vote: * as amended.

Councilman CluenYes

CouncilmanGallagherYes

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

AUDIT OF BILLS:

GENERAL FUND VOUCHER’S #891-942TOTALING $31,291.36

HIGHWAY FUND        “            #201-208         “          $ 2,267.17

SEWER FUND              “            #140-151         “          $ 4,515.63

WATER FUND             “            #133-144         “          $  4,669.30

VAN FUND                   “            #3                    “          $       21.00

A motion was made by CouncilmanMinissali to pay the bills; seconded by Councilman

Cluen. Roll Vote: 5 Yeses.

A motion was made by CouncilmanGallagher to adjourn at 9:00 pm; seconded by Councilman Cluen. Roll Vote: 5 Yeses.

Respectfully submitted, JoanJordan, Town Clerk

TOWN OFROSENDALETOWNBOARD                      DRAFT

DEPT. BUDGETREQUESTS/WORKSHOP

PUBLIC HEARING – MORATORIUMOWB’S

OCTOBER 1,2008

The meeting was called to orderby Supervisor McDonough at 6:05 pm at theRosendaleCommunityCenterwith the Pledge to the Flag.

PRESENT:Councilman Robert Gallagher

CouncilwomanManna Jo Greene(arrived 6:10pm)

Councilman Richard Minissali

SupervisorPatrickMcDonough

ABSENT:Councilman Kenneth Cluen

ALSO PRESENT:Doris Fleming, bookkeeper; MichaelDiBattista, Police Chief; Heidi Jewett, Diane Bedell, Recreation Commission; DanBaker, Assessor;Joe Havranek,Planning Board; about twenty residents.

PUBLIC COMMENTS: No comments were made at this time.

DEPARTMENT BUDGET REQUESTS: Department budget requests were previouslyreceived from department heads; some department heads wished to presentjustification for requests in person as follows:

1.)POLICE: Chief DiBattista stated the need for a new SUV as a largepart of his request. He favorspurchasing a Chevy Tahoe Suburban which are used by the State Police becausethey are dependable with minimal maintenance. The Tahoe would replace the Dodge Durango which has 83,400 miles and hasa lot of problems. Chief announced thatwe will be losing at least one or possibly two full time officers; it’s a “cointoss”; one will be going to the Ulster County Sheriff’s Dept. There is no money allocated for DWI($6,500.00); maybe next year we will receive some as we are making DWIarrests. There are no pay increasessince the Police Union Contract has not been negotiated at this time; raiseswill be retroactive to January 1, 2008; $5,000.00 is being included forcontractual raises. The total requestedby the Police Dept. is $412,456.00. Supervisor McDonough added that this figure does not include autoinsurance, benefits, health insurance and etc. which come out of the GeneralFund.

2.)TOWN CLERK: Joan Jordanstated that according to figures from a survey conducted this year shows thatRosendale pays close to the lowest salary for Town Clerk in Ulster County; shealso stated that $1,000.00 for Records Management Officer which was added due tothe tremendous increase in FOIL (Freedom of Information Law) requests since thestart of the Hudson River Valley Resort application (formerly Williams Lake) andwhich are expected to continue until this project is finalized. The total Town Clerk budget request is for$62,087.00.

3.)ENVIRONMENTAL COMMISSION: Jennifer Metzger, Chair of the Commission, did not speak. A discussion followed about the NRI (NaturalResource Inventory) and the projected cost. John Maylie said thatUlsterCountyhas hired two people and is in theprocess of updating all these resource materials, perhaps the Town can work withthe County so that we don’t have to duplicate the same work. This will be looked into.  

4.)RECREATION: Diane Bedellstated that “the budget is what it is”. The personal services reflects Heidi Jewett at $32,000.00 per year asfull time (40 h/p/w) as manager and Rosemary Milano at $13,650.00 for 25 h/p/wfor housekeeping; Councilwoman Greene noted that Heidi should be calling backrenters when the building is not in acceptable condition and hold deposits. Supervisor McDonough noted that we haveprofessional cleaning of the carpet done four (4) times per year but people arebeing careless. An additional $600.00for a clerk to take minutes at meetings is still up in the air. Diane stated that since lifeguards areseasonal and we are paying them very well there is no “cost of living increase”but one additional week will be added to the season next year; Heidi got her CPO(certified pool operator)so there will be no additional expense for that;revenues are expected to remain the same. Also discussed was what will be done with the snack bar; should the Townrun it or go out to bid for operators; Supervisor McDonough said that he wouldlike to see figures for the operation, Doug Olympia completely refurbished thebuilding and paid no rent; his contract expires this year. Diane spoke about the second partition forthe center; Supervisor McDonough stated that he has already asked C.T. Male todo engineering study for the partition and is waiting for a response; they willhave to rewrite the proposals. TotalRecreation requests are $187,823.00.

5.)ASSESSOR: Dan Baker toldthe Board that revenues will be coming in from STAR Aid in the amount of$1,345.00 and Reval Aid will be $13,750.00 which will pay for the commercial andIMAR revals and will be paid for the next six years, this will offset some ofthe budget increase. Dan asked thatLaurie Hornbeck be given and additional five (5) hours per week which would makeher full time; she is the face of assessor’s office and presently works thirtyfive (35) hours per week. SupervisorMcDonough noted that $1,000.00 had been included in the department budget forlegal fees; this will come out of the General Fund; but thanked Dan forobserving the need and the expense for BAR will come out of a separateappropriation. Supervisor McDonough alsonoted that funds for commercial and IMAR may be encumbered from 2008 to furtherreduce the budget request. Total requestis $78,586.00.

6.)PLANNING BOARD:JoeHavranekpresented a proposed budget totaling $56,500.00 for2009. Estimates of major expenses were:$20,000.00 for legal counsel; $20,000.00 professional planning services;$2,500.00 for a laptop computer and accessories; $2,500.00 for education andtraining; $1,000.00 for postage; $1,400.00 office supplies and mileagereimbursement; $9,100.00 for salary for clerk with an increase of 10 hours permonth. Supervisor McDonough noted thatthe cost of legal counsel would not come out of the Planning Board budget thusthis would bring his budget request down to $36,500.00; the clerk, Leslie Treut,had submitted a less detailed budget with a total request for $39,000.00. Joe stated that they would be redoing allapplication forms and flow charts by C.T. Male (this would be part of theprofessional planning services) to make them more user friendly for clients.

All department heads thatappeared finished their presentations at 7:15 p.m.; Supervisor McDonough calleda 15 minute recess before the workshop meeting begins.

At 7:30 p.m. reconvened themeeting.

1). ANNOUNCEMENT: The Town is seeking applicants for the ZBA,Environmental Commission and Water/Sewer Commission. Applications are available at Town Hall or online.

2). PUBLIC HEARING: A Three (3) Month Moratorium on OutdoorWood-burning Boilers.

The Notice of Public Hearing wasread by the Town Clerk.

Supervisor McDonough announcedthat the moratorium will not affect those already permitted; they can proceedwith installation but must be aware that they may have to meet new regulations;no new permits will be issued during the moratorium.

Tom Ferry stated that he is donewith installation of his boiler; it’s been inspected and is in proper workingorder.

Paul Costa asked if the TownBoard will support rescinding the moratorium if agreement is reached onregulations prior to the expiration of the three (3) months; he understands thatthere have been zero applications since the last meeting; January is a littlelate to have to wait to start the process for installing a boiler thisseason. He is willing to work withJennifer Metzger from the Environmental Commission to crunch for an agreement ofwording for the local law. SupervisorMcDonough stated that Paul and Jennifer are close to seeking the same thingsfrom a proposed local law.

JoeHavranekasked if the Environmental Commission is crafting thelaw;…………………

Cal Rider stated that you arestopping the permitting of the boilers; if they are close to an agreement whywait. Mr. Rider stated that digging isnecessary for installation of wood boilers; if they are close to an agreementperhaps a moratorium is not necessary.

Councilwoman Greene expressedconcern about both the monetary investment and health concerns and stated thatshe feels the moratorium is important to give breathing space to the issue. Ms. Greene recommended that if thenegotiations break down that consideration be given to professional mediators.

Paul Costa agrees that time isneeded but he feels that this concerns all auxiliary units and we should notjust address one type; address all heating appliances.

JoeHavranekagreed that all heating appliances should be lookedout; Supervisor McDonough added that hedidn’t feel we should be prejudiced.

Councilman Minissali asked whatthe current permit allows; Councilman Gallagher responded that the permit is forthe parcel. Joe Havranekstated that the wood stove permit liststhe requirements right on the permit, such as the smoke stack must be two (2)feet above the peaks of the house. JohnMaylie added that the permit is code driven.

Councilman Minissali asked ifthere is a process for re-certification; Supervisor McDonough responded thatdoesn’t know of anything.

Cal Rider opined that if theboilers are operating properly there will be no complaints, otherwise there willbe complaints; there is no sure method for testing.

Paul Costa suggested that theCode Enforcement Officer be empowered to shut down the use of the units ifproblems arise; treat on a case-by-case basis; if they burn proper fuels thereis no problem otherwise treat them as a problem child. Supervisor McDonough noted that overloadingof fuel is the single greatest cause of smoke.

Barbara Pambino thanked the TownBoard for the use of public hearings for residents to have a dialog.

A motion to close the publichearing was made at 8:10 pm by Supervisor McDonough; seconded by CouncilmanMinissali. Roll Vote: 4 Yeses, 1 Absent(Councilman Cluen).

A motion to revise the moratoriumwas made by Supervisor McDonough; seconded by Councilman Gallagher to changeSec. 1 (b) to read: it is the further purpose of this law to enable the Town ofRosendale to suspend thefiling of new applications forpermitting, construction and installation………… Roll Vote: 4 Yes, 1 Absent (CouncilmanCluen).

3). RESOLUTION10-2008-#1Adoptinga Local Law, Three Month Moratorium on the Permitting, Construction andInstallation of Outdoor Wood Boilers.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilwoman Greene. Roll Vote:

Councilman CluenAbsent

CouncilmanGallagherYes

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

4). TENTATIVE BUDGET TO TOWNBOARD: The Town Clerk presented theTentative Budget to the Town Board. Supervisor McDonough asked that the Board look over the budget and givesuggestions to him before next week. General Fund is up 23%, Highway up 14% for an overall increase of 19.33%;most of the increases are due to the increased costs of petroleum products.

5). RESOLUTION: A resolution willbe presented next week to set a public hearing on the 2009 Preliminary Budgetfor November 5, 2008.

6). RESOLUTION: A resolution willbe presented next week to set a Halloween Curfew.

7). RESOLUTION: A resolution willbe presented next week to make Budget Transfers.

DATES TO REMEMBER:

1.Every Sun. –Farmer’s Market, 9 am to 2 pm atRecCenter

2.Thurs., Oct.–Central HudsonEnergy Saving Workshop, 6pm atHV Mall

3.Sun., Oct. 5– Bill Brooks “40 years onMainStreet.” Party, 1to 4pm at Bill’s

4.Wed., Oct. 8– Town Board Meeting, 7:30 pm atRecCenter

5.Sat., Oct.11 – UCRRA Household Hazardous Waste Collection, by appt. only, call 336-3336(FlatbushRoad)

6.Mon., Oct.13 – Columbus Day – TOWN OFFICES CLOSED

7.Tue., Oct.21 – Fire District Budget Hearings – Respective Fire Houses.

8.Sun., Nov. 2– “Fabulous Fall Breakfast Buffet”, 8 an to noon at High Falls Fire House ($8adults, $7 seniors, $6 children 5-12 yrs old)

9.Wed., Nov 5– Public Hearing on 2009 Preliminary Budget

10.Mon., Oct.6- Flood Management,RecCenter

11.Thurs., Oct 9 –Rondout Creek Water Shed

12.Sat., Oct. 11 –Stream Monitoring 1-3:30 pmMettacahonts Rd., Accord

13.Sat., Oct. 18 –“Trees for Tribs” south of the Rt 213 Bridge,Creekside Lane

Notice was also made that theFarmer’s Market will end it’s outdoor season on November 9; it will hold market indoors at theRecCenteron the 1^StSunday fromDec. through March. The Farmer’s Marketdonates to the Rosendale Food Pantry.

DEC will hold a Scoping Sessionon Wed., Oct. 29 at 7pm at theRecCenterof the HRVR project.

LINK parking for the train toPoughkeepsie is available at the Park&Ride, additional, temporary overflow parking is in the designated area at the front of the Rec Center; the Stateis paying us $2 per space until the Park&Ride expansion is completed.

Tuesday, October 14, “RosendaleYesterday, Today and Tomorrow” with Tim Morrison and Ken Hassett is on KAPA at8:30 pm.

John Liggan offeredcongratulations on a “good meeting”.

Eric Benjamin stated that UlsterCounty Legislature passed a resolution (#9) giving exemption for active veteransof the Cold War period on their County taxes, each jurisdiction must adopt theirown resolution to expand their exemption. Supervisor McDonough stated that the Town will look at the measure; wewould need a public hearing and have to enact a local law.

AUDIT OF BILLS:

GENERAL FUND VOUCHER’S #947-993TOTALING $29,176.31

HIGHWAY FUND        “            #209-217        “           $13,207.03

SEWER FUND              “            #152-158        “           $ 1,335.89

WATER FUND             “            #145-151        “           $  1,651.89

A motion was made by CouncilwomanGreene to pay the bills; seconded by Councilman Gallagher. Roll Vote: 4 Yeses, 1 Absent

A motion was made at 9:02 pm toadjourn by Councilman Minissali; seconded by Councilman Gallagher. Roll Vote: 4 Yeses, 1 Absent

Respectfully submitted,

Joan S. Jordan

Town Clerk

TOWN OFROSENDALE                                                    DRAFT

TOWN BOARD MEETING

OCTOBER 8,2008

The meeting was called to orderat 7:30 pm by Supervisor McDonough at theRosendaleCommunityCenterwith the Pledge to the Flag.

PRESENT:Councilman Kenneth Cluen (arrived 7:40pm)

Councilman Robert Gallagher

Councilwoman Mann Jo Greene

Councilman Richard Minissali (arrived 7:35 pm)

SupervisorPatrickMcDonough

ALSO PRESENT: Fred Greitzer,Planning Board; and about twelve (12) residents.

PETITIONS: No petitions were presented.

COMMENTS: Fred Greitzer wished everyone “Happy Holiday”(tomorrow is Jewish Holiday).

COMMUNITY EVENTS:

1.Every Sun. -Farmer’s Market, 9 am to 2 pm atRecreationCenter

2.Sat., Oct 11- UCRRA Household Hazardous Waste Collection, by appt. only, call 336-3336(FlatbushRoad)

3.Sat., Oct.11 – Stream Monitoring Workshop, 1-3:30 pm atMettacahonts Rd., Accord (open to thepublic).

4.Mon., Oct.13 – Columbus Day, TOWN OFFICES CLOSED

5.Tues., Oct.21, Fire District Budget Hearings at respective Firehouses

6.Sun., Oct.26 – Pancake Breakfast, 8am to noon, Rosendale Firehouse

7.Sat., Nov 1– Nickel Social, 6pm atBloomingtonFirehouse

8.Sun.,Nov. 2 – “Fabulous Fall BreakfastBuffet” 8am to noon at High Falls Firehouse (adults $8, seniors $7, children5-12 yrs. $6)

9.Wed., Nov. 5– Public Hearing on Preliminary Budget

10.Sat., Nov. 8 –Free Rabies Clinic, 3 to 5 pm atKingstonAnimalHospital,Albany Ave.

MINUTES OF PRIOR MEETINGS: A motion was made by Councilman Gallagher toaccept the minutes as presented; seconded by Councilman Minissali. Roll Vote: 4 Yes, 1 Abstained (CouncilmanCluen hadn’t reviewed them due to absence last week).

COMMITTEE REPORTS: Councilwoman Greene reported on the PlanningBoard met andHorizonCenterformally withdrew its application; they wantedto be closer toKingstonfor services for their clients. Ms. Greene reported that ZRC (Zoning ReviewCommittee) has been meeting; they are prioritizing projects, discussingalternates and holding hamlet meetings for public input; they will soon be readyto send out RFP’s (requests for proposals) for consultants to the committee.

Councilman Gallagher stated thatthe minutes of the Recreation Commission are on file; Highway is on track, theyhave been working on correcting drainage problems since the cost of allpetroleum based products are so high they are doing very little paving.

Councilman Minissali reportedthat the Water/Sewer Commission has been unable to meet due to lack of a quorum.The ZBA met and the application from Dr. Aleo has been withdrawn as presented;he will be revising and will then resubmit. The Chamber of Commerce met and has a lot of activity prior to thePicleFest and the Quadra-Centennial.

CORRESPONDENCE: Supervisor McDonough stated thatcorrespondence is on file; the site plan for the PickleFest is in Board foldersfor review, will be discussed and adopted at the November meeting.

SUPERVISOR’S FINANCIAL REPORT:Supervisor McDonough read the end balances for September 2008; the report is onfile with the Town Clerk.

APPOINTMENTS: There is an opening on the ZBA due to theresignation of Leland Eaton, David Soman has been an alternate and would like tomove up; Supervisor McDonough stated that David would be his recommendation; analternate to replace David will be considered at a later date.

A motion was made by CouncilmanMinissali to appoint David Soman to fill the unexpired term of Leland Eatonuntil 12/31/2008; seconded by Councilman Cluen. Roll Vote: 5 Yeses.

There is an opening on the RCCEdue to the resignation of Rick Vanden Heuvel whose term would expire 12/31/2011;Supervisor McDonough recommended appointing Sandy Peterson to fill the unexpiredterm. Three applications were received;Sandyhas beenworking with the commission, Supervisor McDonough feels she should receive theappointment and has asked Jennifer Metzger, Chair of the Commission, to reachout to the other two applicants to see if they would be willing to work asnon-members until an opening occurs.

A motion was made by CouncilwomanGreene to appoint Sandy Peterson to the RCCE to fill the unexpired term of RickVanden Heuvel until 12/31/2011; seconded by Councilman Minissali. Roll Vote: 5 Yeses.

RESOLUTION10-2008-#2 Public Hearing on 2009 PreliminaryBudget. The public hearing will be setfor November 5, 2008 at 7:30 pm at theRosendaleCommunityCenter.

A motion was made to adopt theresolution by Supervisor McDonough; seconded by Councilman Cluen. Roll Vote:

Councilman CluenYes

CouncilmanGallagherYes

Councilwoman GreeneYes

CouncilmanMinissaliYes

RESOLUTION10-2008-#3 Halloween Curfew.

A curfew for all youth under age18 was set for 8:30 pm at the urging of senior citizens and for the benefit ofresidents of Tillson Estates, and other populated areas to discourage trafficfrom other communities after their curfews expired. Councilman Minissali felt that a curfew wasnot necessary; police should be able to control the situations. Councilman Cluen said that a curfew showsthat we do not want rowdiness in our Town.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilwoman Greene. Roll Vote:

Councilman CluenYes

CouncilmanGallagherYes

Councilwoman GreeneYes

CouncilmanMinissaliNo

SupervisorMcDonoughYes

RESOLUTION10-2008-#4 Budget Transfers. The resolution authorizes the followingtransfers:

GENERAL FUND – Transfer the sumof:

1.$2,000.00fromInd.Auditing (A1320.4) to Data Processing CE (A1680.4)

2.$4,000.00from Schools of Instr. (A3660.4) to Dog Control CE (A3510.4)

3.$540.50 fromPool CE (A7150.4) to Pool PS (A7150.1)

4.$9,000.00from Supervisor PS (A1220.1) to Refuse&Garbage CE (A8160.4)

WATER FUND – Transfer the sumof:

     1.      $4,634.23 fromAdministration CE (SW8310.4) to Supply Eq. (SW8320.4)

A motion was made bySupervisorMcDonough to adopt the resolution; seconded by Councilman Gallagher. Roll Vote:

Councilman CluenYes

CouncilmanGallagherYes

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

RESOLUTION10-2008-#5 Recognition of National Breast CancerAwareness Month. Supervisor McDonoughacknowledged that Councilman Gallagher started recognition of Breast CancerAwareness when he was Supervisor in recognition of his sisters death from thedisease; Supervisor McDonough offered a website address for those wanting moreinformation;www.NBCAM.org

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Gallagher. Roll Vote:

Councilman CluenYes

CouncilmanGallagherYes

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

ADDITIONAL COMMENTS: John Maylie asked if the Town had receivedthe deed to the IMAR property; Supervisor McDonough stated that IMAR never filedthe papers; Mary Lou Christiana, Esq. is checking on the status. Fred Greitzer asked if we will haveto………………..Supervisor McDonough said that he will check into it.

Phyllis Noreen asked when thezoning ad hoc committee meets; Supervisor McDonough told her they meet on thethird (3^rd) Thursday of the month.

AUDIT OF BILLS:

GENERAL FUNDVOUCHER’S #995-1033TOTALING $19,711.54

HIGHWAY FUND         “           #218-232            “        $31,320.06

SEWEER FUND             “          #159-170            “        $  4,721.62

WATER FUND               “          #152-164            “        $  4,332.29

CAP RES WATER          “          #3                       “        $  3,605.00

A motion was made by CouncilwomanGreene to pay bills; seconded by Councilman Gallagher. Roll Vote: 5 Yeses.

A motion to adjourn was made byCouncilman Gallagher at 8:30 pm; seconded by Councilman Cluen. Roll Vote: 5 Yeses.

Respectfully submitted,

Joan S. Jordan

Town Clerk

TOWN OF ROSENDALE TOWN BOARD                                            DRAFT

WORKSHOP AND 2009 BUDGET PUBLIC HEARING

NOVEMBER 5, 2008

The meeting was called to order by Supervisor McDonough at 7:30 PM at the Rosendale Community Center with the Pledge to the Flag.

            PRESENT:       Councilman Kenneth Cluen

                                    Councilman Robert Gallagher   

                                    Councilwoman Manna Jo Greene

                                    Councilman Richard Minissali

                                    Supervisor Patrick McDonough

ALSO PRESENT:      About 15 residents.

PUBLIC COMMENTS:  John Maylie asked if Supervisor McDonough had received an answer as to whether the IMAR property has been transferred to the Town.  Supervisor McDonough responded that it appears that we have the property but IMAR did not file the transfer; we will be doing the filing.  Councilwoman Greene asked for a follow-up on the dam on that property; the risk has been listed as moderate but it’s questionable as to how the rating is done.  Supervisor McDonough stated that he has requested DEC to provide old maps and etc so a viable assessment can be made.

APPOINTMENTS; Supervisor McDonough stated that the court has requested that another security officer be appointed to cover the lapses in coverage presently being incurred do to scheduling conflicts.  The application of John J. Paterno was reviewed and accepted by the Board.

A motion was made by Councilman Cluen to appoint John J. Paterno as a court security officer; seconded by Councilwoman Greene.  Roll Vote:  5 Yeses.

1).  ANNOUNCEMENT: Supervisor McDonough stated that they are still seeking volunteers for the Water/Sewer Commission; no volunteers have come forward and the Commission has not been able to hold meetings do to a lack of quorum for some months.  Supervisor McDonough said that he will be exploring the possibility of the Town Board becoming the governing body since the Commission is merely an advisory body and all decisions are made by the Town Board; Councilwoman Greene asked that this be done sooner rather than later as there is a lot of advisory work to be done.  Supervisor McDonough and Councilman Gallagher advised that this change would probably need a referendum passed by the residents of the districts; this will be looked into.

2).  PUBLIC HEARING 2009 BUDGET:  The notice of public hearing was read by the Town Clerk.  Supervisor McDonough announced that before he opened the hearing to public comment he wanted to clarify the information contained in a Kingston Freeman article which erroneously stated the salary of the Supervisor as $82,810 was not true and that figures for some other departments was also incorrect; the present salary of the Supervisor is $25,496, the previous figure was the total budget for the Justice department and most of the other figures were for the total department budgets not just salary; the article was badly written.  Supervisor McDonough opened the hearing for public comment:

Betsy Tuel asked where was the budget line requested for the ZRC (Zoning Review Committee) for legal and consulting work;  Supervisor McDonough responded that it would be found included in the legal fees (A1421.4) and the Zoning Board of Appeals budget lines; he further stated that we are hoping to obtain revenues of$16,000 in the form of grant money.

Bob Anderson asked how many of the Board members were on fixed income, he believed only one was; how does the Board expect those on fixed income to come up with the difference between the present budget and the proposed, it doesn’t add up.  Mr. Anderson said that people have to choose between food and heat, they can’t pay higher taxes.  Supervisor McDonough said that he would personally take this into consideration and doesn’t take the matter lightly; State and County fees will be down so Town revenues will be down.

Henry Jordan asked why the Supervisors salary increase is proposed to be $4,000 which equals a 16% increase, have to hold the line.  Mr. Jordan said that we have to watch hiring full time employees because of the cost of benefits; two part timers could be used and no benefits have to be added.  He was also not happy with the appraisal fees under the Assessor’s line; Supervisor McDonough noted that the figures in that line would be significantly reduced because the fees for reval were already included in this year’s budget and could be backed out for next year.  Mr. Jordan stated that the Board knew that salaries when they took office and should hold them to that standard.

Carolyn Brancato requested that the Board hold the budget to last year’s figures and not increase it.  Ms. Brancato feels that the police budget is outrageous; we already pay for coverage by the County Sheriff and the State Police.  Councilman Gallagher stated that we are getting to where we will have to cut services; we are 5.3 miles from the multi-million dollar Jail Complex which is 1.3 miles from our Town line, do we need police department; the Highway department didn’t pave this year instead they did drainage work because of the high cost of materials and it may be the same next year.  We donated money to the Marbletown Rescue Squad; we might have to look at that again even though it is very worthwhile.  Councilman Gallagher complimented Supervisor McDonough for getting the budget down from the original 29% increase to the present 9.10%; the Police department takes up about $600,000 of the total budget.  Councilman Cluen added that the Town Board can not eliminate the Police force; this must be done by petition from the public and a referendum (vote).  Betsy Tuel asked what constitutes the force; response was 3 full time officers, 4 part time officers, 1 clerk and a part time Chief.

John Maylie stated that he would like to see the increase figure down to between 5% and 5 ½%.  Mr. Maylie went through the General Fund noting where high increases appeared and said that they should be looked at closely; justice, Assessor, Police, Dog Control, Home Relief, Economic Assistance, Environmental, and Recycling stood out; under Highway he cited Snow Removal, Other Governmental, Repairs; these categories should all be looked at very closely.  Councilman Gallagher defended the repairs to machinery and vehicles done by the Highway department, it costs 1/6^th of new vehicles but only so much can be done before you have to purchase new; snow removal costs are up due to the increased cost of salt; other government charge backs relate to fuel supplied to other departments for which they reimburse Highway.

Mr. Jordan asked what the $9,400 in unallocated funds was for; he was told we have to hold that money to cover back pay when the union contracts are signed; the pay is retroactive to January 1, 2008 he also asked why the dog control expenses were so high; the response was that we have to board the dogs out and some of them are not easily adopted therefore they are held for a period of time before being euthanized; which we don’t like to have to do; we are in the process of building our own kennel at the Transfer Station which will greatly reduce the expense.

Ted Weber asked about refuse and garbage expense thinking that some of Town was receiving curbside pick up and he was not; the costs incurred there are that the Transfer Station is now open 5 days per week and there are 2 full time employees, this is about the only department that is self-sustaining according to Supervisor McDonough; he stated that Recreation is also looking to increase fees and facility usage.  Mr. Weber also asked if the Town is gaining interest on the surplus funds and are they fully insured; Supervisor McDonough responded that we do have the funds in interest bearing investments which are closely monitored.  Supervisor McDonough will look into the rating system for bank security but feels we are adequately protected.

3).  A resolution will be presented next week to adopt the 2009 Town of Rosendale Budget.

4).  A resolution will be presented next week to set a public hearing for December 3, 2008 to consider the draft Route 32 Corridor Development Plan.

5). A resolution will be presented next week authorizing the Supervisor to seek appraisal services on Water District property off Mountain Road SBL070.002-7-2 and 070.002-4-2 for possible sale.  The Water District would retain water rights and the Highway Department would want to retain rights to the shale bank which it utilizes.  Sale of this property would require a permissive referendum by the Water District users (customers); and the proceeds of the sale could only be used for capital projects not operating costs.

6).  A non-binding proclamation will be adopted next week requesting retailers to reduce tobacco advertising in the interest of public health.  Supervisor McDonough stated that this is the time to look at our sign ordinance as it relates to this and other issues which retract from our Town’s appearance.

7).  A resolution will be presented next week authorizing the levying of delinquent water and sewer payments to the 2009 County Tax.

8). Review of the 2008 Pickle Festival Site Plan:  Billy Liggan invited all Town Board members to attend the reception at the Postage Inn the evening before the Pickle Fest; this event brings 7000 people to Town for one day.  Mr. Liggan stated to the Board that they are staying away from using the Park & Ride for Festival parking; bikes and skateboards are not permitted in the buildings; all pickle vendors will be under the pavilion “The Pickle Palace”; glass will be allowed since most pickles are packed in glass jars.  Supervisor McDonough stated that he feels police presence should be part of their Community Policing project; they should not be charging back $35 per hour; Councilman Minissali thinks this could raise questions.  Supervisor McDonough responded that he will head it off at the next Police Commission meeting.

A motion was made by Supervisor McDonough to approve the Pickle Festival Site Plan; seconded by Councilman Gallagher.  Roll Vote:  5 Yeses.

Mr. Jordan raised the question about health insurance buy outs related to the budget; he feels that a buy out should not exceed $1,000 and questions whether it is necessary at all.

A motion was made by Supervisor McDonough to close the public hearing at 8:35 pm; seconded by Councilwoman Greene.  Roll Vote:  5 Yeses.  

A motion was made by Supervisor McDonough to move to Executive Session to discuss a confidential attorney/client issue; seconded by Councilman Gallagher:  Roll Vote: 5 Yeses.  

Out of Executive Session at 9:05 pm, no action taken.

DATES TO REMEMBER:

1.      Sun. Nov. 9 – Last Weekly Farmer’s Market, 9am to 2pm at Rec Center

2.      Tues. Nov. 11 – Veteran’s Day -    TOWN OFFICES CLOSED

3.      Wed. Nov. 12 – Town Board Meeting

4.      Thurs. Nov. 27 – Thanksgiving Day TOWN OFFICES CLOSED Thurs & Fri

5.      Sun. Dec. 7 – Commitment to Kids, Noon to 5pm at Bloomington Firehouse

AUDIT OF BILLS:

            GENERAL FUND VOUCHER’S #1040-1098 TOTALING $21,449.95

            HIGHWAY FUND         “             #  233-243           “            $20,414.07

            SEWER FUND               “             #  173-176           “            $     549.38

            WATER FUND              “             #  165-169           “             $     349.96

            SHAWANGUNK PART “            #      4                  “             $     500.00

A motion was made by Councilwoman Greene to pay bills; seconded by Councilman Minissali.  Roll Vote: 5 Yeses.

A motion was made to adjourn at 9:16 pm by Councilman Cluen; seconded by Councilman Gallagher.  Roll Vote:  5 Yeses.

                                                                                    Respectfully submitted,

                                                                                    Joan S. Jordan

                                                                                    Town Clerk

TOWN OF ROSENDALE                       

TOWN BOARD MEETING

NOVEMBER 12, 2008

The meeting was called to order by Supervisor McDonough at 7:30 pm at the Rosendale Community Center with the Pledge to the Flag.

            PRESENT:       Councilman Kenneth Cluen

                                    Councilman Robert Gallagher

                                    Councilwoman Manna Jo Greene

                                    Councilman Richard Minissali

                                    Supervisor Patrick McDonough

ALSO PRESENT:       Betsy Tuel, ZRC; Dennis Kaye, Economic Development; Fred                                      Greitzer, Planning Board and three residents.

PETITIONS:  No petitions were presented.

PUBLIC COMMENTS:  No public comments were made. 

COMMUNITY EVENTS:  Supervisor McDonough announced that Community Events were listed at the bottom of the page; he also announced that a new business has opened at 430 Main Street.  “Alan’s Affordable  Computers & Repairs will hold an open house November 23^rd from noon to 4 pm; of special interest is that he is dedicated to refurbishing 5 computers each month to give to returning veterans.  Supervisor McDonough stated that he unilaterally donated the surplus computers the Town was planning to sell; we would not get very much for them and the hard drives have been scrubbed so this seemed like a very worthy cause.

MINUTES OF PRIOR MEETINGS:  A motion was made by Councilman Gallagher to accept the October minutes; seconded by Councilman Minissali.  Roll Vote: 5 Yeses.

COMMITTEE REPORTS:  Councilwoman Greene stated that the Planning Board met and they reviewed a lot line adjustment and subdivisions; nothing out of the ordinary; A T & T will be having a public hearing to………………. and the Board submitted comments related to the Scoping Session held by DEC on the SEQRA for HRVR, LLC.  Ms. Greene also stated that the ZRC met and a sub-committee was set up to do interviews for hiring a consultant.  Question was raised about whether this would be an open or closed session; Fred Greitzer said that all interviews for Planning Consultants were done in public session.

Councilman Gallagher said that the minutes of the Recreation Commission were on file; Town Clerk corrected and said that no minutes have been received; Supervisor McDonough stated that he would check on them.

Councilman Cluen reported that the Transfer Station is ahead by $1,800 for October; Environmental Commission has been meeting and provided comments to DEC on the HRVR project.  Supervisor McDonough added that he received word from Willie Janeway at DEC that the comment period will be extended.  Councilman Cluen also reported that the Youth Department is doing fine and their minutes are on file.

Councilman Minissali reported that the Water/Sewer Commission is still seeking volunteer members; if no members are forthcoming the Town Board is looking into possibly taking over since the Commission is advisory and all decisions are ultimately made by the Town Board.  Councilman Minissali reported that the Chamber of Commerce met and Supervisor McDonough presented a very lively question and answer session; he stated that an alternate is being sought for the ZBA; only one application has been received.  Supervisor McDonough said that he will try to re-advertise the position before making and appointment.  Councilman Gallagher said that he is concerned as to whether or not the members are getting the required training; he also was concerned that Councilman Minissali has not been trained in National Public Training for Emergencies.

Councilwoman Greene said that the Planning Board would like to be able to use the equipment at the Community Center (screen, etc.) for their meeting presentations; Supervisor McDonough noted that there is no laptop at this time and there will be none until next year and that the screen has not been hung yet since a decision has not been made on where to hang the screen; it was noted that if the screen can be hung and we provide the other equipment needed, Dave Plante from C.T. Male usually brings a laptop that could be utilized in the meantime.

SUPERVISOR’S FINANCIAL REPORT:  End balances for the month of October were read; the report is on file with the Town Clerk.

RESIGNATION:  A resignation was received today from Elena Hornbeck of the Youth Commission due to work scheduling.

A motion was made by Councilman Cluen to accept the resignation of Elena Hornbeck from the Youth Commission; seconded by Councilman Gallagher.  Roll Vote:  5 Yeses.

APPOINTMENTS:  Supervisor McDonough first wanted to clarify the appointment last week of P/T Court Security Officer John Paterno; he will be paid $10.00 per hour.

Supervisor McDonough announced that Deborah Checchia, Tax Collector, has chosen Mary Carroll for the position of Deputy Tax Collector.

A motion was made by Councilman Minissali to appoint Mary Carroll as Deputy Tax Collector at the rate of $9.75 p/h; seconded by Councilwoman Greene.  Roll Vote: 5 Yeses. 

1).  RESOLUTION 11-2008-#1 Adoption of 2009 Town Budget.  The budget established the following salaries for elected officials:  Supervisor $28,496.00; Town Clerk $31,902.00; Highway Superintendent $48,306.00; Town Board $5,656.00 each. The total budget increase is 2.56%, with a total tax of $2,206,239 to be raised.

A motion was made by Supervisor McDonough to adopt the budget; seconded by Councilwoman Greene.  Roll Vote:

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

2).  RESOLUTION 11-2008-#2  Scheduling a Public Hearing to Consider the Draft Route 32 Corridor Development Plan.  The hearing is scheduled for December 3, 2008 at 7:30 pm at the Rosendale Community Center.

A motion was made to adopt the resolution by Supervisor McDonough; seconded by Councilman Gallagher.  Roll Vote:

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

Councilman Gallagher “thanked” Dennis Kaye for his tireless commitment to moving the plan along.

3).  RESOLUTION 11-2008-#3  Authorizing Appraisal Services.  The resolution is to authorized the Supervisor to seek out and obtain services of a qualified company or companies to appraise Town and Water District properties off Mountain Road, known as SBL 070.002-7-2 and 070.002-4-2 for possible sale to Mohonk Preserve through the Open Space Institute; an offer of $320,000 has been made.  The Town would retain water rights and the shale bank on the property

A motion was made by Supervisor McDonough to adopt the resolution; seconded by Councilman Cluen.  Roll Vote:

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Minissali                Abstained*

                        Supervisor McDonough            Yes

*Councilman Minissali stated that until recently his wife had been employed by Mohonk.  Councilman Gallagher also noted that in order for the sale to take place a referendum vote would be needed from Water District customers.

4).  PROCLAIMATION: Tobacco Advertising.  This is a non-binding resolution of the Tobacco Free Action Coalition of Ulster Count to improve the public health by requesting retailers to reduce tobacco advertising.

A motion was made by Supervisor McDonough to proclaim support for the resolution to reduce tobacco advertising; seconded by Councilman Minissali.  Roll Vote:

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

5).  RESOLUTION 11-2008-#4  Delinquent Water and Sewer Levies. The total delinquent water levies is $6,543.42 and sewer levies are$5,233.36.

A motion was made to adopt the resolution by Supervisor McDonough; seconded by Councilman Cluen.  Roll Vote:

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

6).  RESOLUTION 11-2008-#5  Scheduling a Joint Public Hearing to Consider High Falls Water District Rate Changes.

A joint public hearing will be held on December 11, 2008 at the High Falls Fire House, High Falls, NY at 7:00 pm to consider increasing the water rates for the High Falls Water District.

A motion was made to adopt the resolution by Supervisor McDonough; seconded by Councilman Minissali.  Roll Vote:

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

Councilman Gallagher asked why we are not receiving financial reports from the High Falls Water District (Town of Marbletown handles financial end); Town of Rosendale does not seem to have any say in the budget process either.  Councilman Gallagher also asked that Supervisor McDonough find out if the accountant for the district is being paid; the Town of Rosendale has not been paid for salaries in some time.  Councilwoman Greene noted that we have the responsibility of running the system; Marbletown is doing the administration.  It was also noted that the current budget was based on the contractors estimate of revenues which fell short of expectations; the plants capacity is greater than what is being used; Ulster Community College has expressed interest in extending water service to their campus even if dormitories are not built; this is something that can be looked into.

Councilwoman Greene asked to re-address the “Scoping for HRVR” topic; she inquired about creating a team to work on issues and do we need to go out for RFP’s.  Supervisor McDonough stated that Shannon LaFrance will be here an hour early in December where questions can be addressed; he also noted that Willie Janeway of DEC Region #3 extended the comment period to 11/21/08 but employees were not aware of it on the 17^th.  Councilwoman Greene is concerned if all the questions are there; Councilman Minissali feels the social issues are important and may have been under-addressed.  Supervisor McDonough said that he will speak to Ms. LaFrance about HRVR setting up a voluntary escrow; Councilman Minissali offered that the Environmental Commission and the Planning Board submitted their own comments in addition to those submitted by the Town Board.  Councilwoman Greene stated that she feels the school districts should be reached out to at some point, not necessarily during “scoping”.

Question was raised as to where the moratorium on outdoor wood burning furnaces stood; Supervisor McDonough stated that he will be meeting next week with Jennifer Metzger of the Environmental Commission and Paul Costa, a concerned citizen, to iron out the final wording of the Local Law which should be ready for a public hearing in January; in December we should be able to pass a resolution setting the date for the hearing.  There was some concern about the present moratorium running out on January 1^st and the Local Law not being in place; Supervisor McDonough tried to allay those fears by stating that there was not a big run on permits before the moratorium and he didn’t expect one then.

AUDIT OF BILLS:

            GENERAL FUND VOUCHER’S #1100-1144 TOTALING $23,836.17

            HIGHWAY FUND        “             #  244-264           “            $18,986.96

            SEWER FUND              “             #  177-185           “            $  3,872.52

            WATER FUND             “             #  170-177           “            $   2,734.18

A motion was made by Councilman Gallagher to pay the vouchers; seconded by Councilman Minissali.  Roll Vote: 5Yeses.

A motion was made by Councilwoman Greene to adjourn at 9:00 pm; seconded by Councilman Minissali.  Roll Vote:  5 Yeses.

                                                                                    Respectfully submitted,

                                                                                    Joan S. Jordan

                                                                                    Town Clerk     

TOWN OF ROSENDALE TOWN BOARD                              DRAFT

WORKSHOP MEETING/PUBLIC HEARING

DECEMBER 3, 2008

The meeting was called to order by Supervisor McDonough at 7:30 pm at the Rosendale Community Center with the Pledge to the Flag.

                        PRESENT:       Councilman Kenneth Cluen

                                                Councilman Robert Gallagher

                                                Councilwoman Manna Jo Greene

                                                Supervisor Patrick McDonough

                        EXCUSED:      Councilman Richard Minissali

              ALSO PRESENT:     About a dozen residents.

PUBLIC COMMENTS:  Bob Morf of Maple Hill stated that the aerial navigation (communications tower) lights have been out in excess of three (3) months which is a violation of FCC law.  Mr. Morf said that there was a medical evacuation by helicopter the other day; if this had been at night it would present a serious safety problem; he asked who is responsible for being sure the lights are lit.  Supervisor McDonough said that he will contact the Code Enforcement Officer in the morning to see what has to been done; this should not happen and three months is definitely not acceptable.

Jack Snyder also addressed concerns about lighting issues in several places in Town; the first is the side security light at St. Peter’s Church which is blinding; the second issue is  with Mt. View Storage on Rte. 32, he feels this was part of the site plan and should be looked at as not being compliant.  Supervisor McDonough said this is also something that falls within the dominion of the Code Enforcement Officer and he will also discuss this with him.

Ken Hassett said that he wanted to commend the Supervisor and the Town Board for keeping the 2009 budget under 3%. The Town Clerk interjected that the Bookkeeper also should be credited for her outstanding work; Supervisor McDonough agreed.

Ken Oldehoff reminded everyone that the Rosendale Farmer’s Market will begin their winter season on Sunday, December 7^th in the Community Center and will continue through April; he said they have between 6r and 8 vendors that will be participating.  He encouraged everyone to buy local and support the local farmers and growers, some things are even locally grown in winter.

Glenn Debrosky asked that a change be made to the Town Dog Ordinance that would make owners responsible for picking up the “poop” after their dogs defecate on public or private property.  He stated that he has between 10 and 12 people per day allowing their dogs to use his property without cleaning up; this is also true along the roadway (Mossy Brook Road) and it creates a mess.  Supervisor McDonough thought the current Ordinance addressed the issue but will check it out; Mr. Debrosky said he was all through the Ordinance and found nothing; Councilman Gallagher said that with the MS4 Storm water Law areas close to the Rondout Creek are covered but areas that are not in proximity are excluded.  Mr. Debrosky suggested that a fine of $150.00 per implemented as a deterrent; Supervisor McDonough said that enforcement definitely needs to take place.

APPOINTMENTS:  Supervisor McDonough asked for a motion to appoint Bill McGahan to the Assessment Board of Review; the term expires on September 30^th and is always late being acted upon.

A motion was made by Councilman Cluen to re-appoint Bill McGahan to a five year term on the Assessment Board of Review; seconded by Councilwoman Greene.  Roll Vote: 4 Yes, 1 Excused.

Supervisor McDonough announced that Bryant Arms was the choice for appointment as part-time Code Enforcement Officer; he is currently employed full time by the Town of Marbletown but will become part-time there and part-time here; he has all the required training. 

A motion was made by Councilman Gallagher to appoint Bryant Arms as part-time Code Enforcement Officer at $12.25 per hour; seconded by Councilwoman Greene.  Roll Vote:

4 Yes, 1 Excused.

Councilwoman Greene requested that in the future when major positions are being filled that the recommended applicant be encouraged to attend a Town Board so Board members can meet them and become acquainted; Supervisor McDonough thought it was a good idea.

1).  RESOLUTION 12-2008-#1 Declaring Review of Route 32 Corridor Study a Type II Action.  Prior to opening the Public Hearing Supervisor McDonough read the proposed resolution which declares that under SEQRA there would be no significant or adverse environmental impact?

A motion was made by Supervisor McDonough to adopt the resolution; seconded by Councilman Gallagher.  Roll Vote:

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Minissali                Excused

                        Supervisor McDonough            Yes

2).  PUBLIC HEARING:  The public hearing was opened with the reading of the Public Hearing Notice by the Town Clerk to consider whether to accept the proposed Route 32 Corridor Study.  Supervisor McDonough stated that these guidelines would be used as an addendum to the Comprehensive Plan.  The Environmental Commission has already reviewed the document and made recommendations; the ZRC is already studying the study and copies will be forwarded to the Rosendale Planning Board and the Ulster County Planning Board.  Super visor McDonough stated that the study will probably not be adopted until January.

Dennis Kaye stated that the mission of the Economic Development Committee was to find a more organized plan for businesses to follow so they know what they have to do and what is expected from them when they want to build or renovate so they can move forward in an organized and expedient manner.  Supervisor McDonough said that businesses along the Route 32 Corridor are being encouraged to mirror the appearance of Main Street; the Planning Board has already been making suggestions about appearances to the applicants.

Jack Snyder asked who will enforce these guidelines once they are in place; Supervisor McDonough stated that it would be up to Code Enforcement.  Mr. Snyder said that there is a tanker truck parked next to a residence at the Sunoco Station on Rte. 32 which he is sure is not legal;  Randi Morf of the Planning Board stated that this matter would be addressed at their meeting tomorrow night (12/4/08).

Betsy Tuel stated that she would like to see maintenance of landscaping included in the guidelines.

Jennifer Metzger gave an overview of the recommendations/comments that the Environmental Commission made (written comments) which are submitted as an accompaniment to the Study document.  Ms. Metzger said that their comments and recommendations were primarily environmental and were drawn from the DEC “Better Site Design” guide.  She stated that the draft guidelines are for large scale development and the Comprehensive Plan is specific to small scale development; the guidelines should be appropriate to the Plan.  Supervisor McDonough said that the comments largely addressed “run-off”; Ms. Metzger said that they tried to give developers a menu of options.

Dennis Kaye stated that many items are guidelines but some are mandates as to how the Town wants to go forward but with flexibility;  Route 32 is a lot of hodge-podge, it is hoped that this will slowly change the appearance of Town and draw in businesses.

Supervisor McDonough noted that we will bring in sidewalks after completion of the bridge. 
Jack Snyder also stated that some areas of Town are like driving into canyons; drop-off between the highway pavement and the parking lot surfaces is very dangerous.  Supervisor McDonough said that he heard unofficially that this would be addressed after the bridge project is completed.

Councilwoman Greene asked about a procedural question about adding significant changes to the Study, would be have to have another public hearing; ………………………………………………………………..

A motion was made by Councilman Cluen that the Environmental Commission’s recommendations be added to the Draft Study; seconded by Councilwoman Greene.

Betsy Tuel asked that the Town Board formally make the recommendations as an amendment to the Comprehensive Plan; Supervisor McDonough said that this will serve the same purpose as an amendment.

Councilwoman Greene asked to have Peter Fairweather integrate the recommendations into the draft so there would be no need to cross reference.

Jack Snyder asked what encompasses the “business district”; the Board responded that it runs from Bloomington past Bill’s Auto to the top of the hill in Tillson.

Roll Vote:                     Councilman Cluen                     Yes      Commends RCCE for a great                                                                                       job

                                    Councilman Gallagher   Yes

                                    Councilwoman Greene  Yes

                                    Councilman Minissali                Excused

                                    Supervisor McDonough            Yes

A motion was made by Supervisor McDonough to distribute the Draft Study document to the Ulster County Planning Board and the Rosendale Planning Board for review and comment; seconded by Councilman Gallagher.  Roll Vote: 4 Yeses, 1 Excused.

A motion was made at 8:20 pm by Supervisor McDonough to hold open the public hearing for written comments until the January 7, 2009 Town Board meeting; seconded by Councilwoman Greene.  Roll Vote: 4 Yeses, 1 Excused.

3).  DISCUSSION:  ZRC (Zoning Review Committee) has requested a one (1) month extension for delivering their Progress Report until January.  Councilwoman Greene said they have been very busy working of the RFP’s (they had a lot of good responses); the review may take longer than planned (possibly two (2) budget cycles) because they under budgeted for consultant fees.  Supervisor McDonough said that Gary Jacobson, Chair, wants to get down from the ten (10) responses to about four(4) for interviews; money is the big issue.

A motion was made by Supervisor McDonough to give an extension until January for the Progress Report; seconded by Councilwoman Greene.  Roll Vote:  4 Yeses*, 1 Excused.

*Councilman Gallagher qualified that he was voting “yes” but not to have this drag on like the Comprehensive Plan Committee did; have the ZRC do more work without a planner and be done in eighteen (18) months maximum.

4).  RESOLUTION AUTHORIZING LEASE:  A resolution will be presented next week regarding renewing the lease for office space at 339 Main Street.  A short discussion followed, related to some issues in the lease were aired; rent would go to $845.00 per month, request for a two (2) year lease; electrical problems and handicapped ramp were among topics.  Supervisor McDonough said that he would be meeting with Bill Pape (owner) on Friday to discuss the lease.

5).  RESOLUTION AUTHORIZING TRAVEL ALLOWANCE:  A resolution will be presented next week authorizing travel allowances to attendees at the 2009 Association of Towns Conference and Schools in New York City, February 15-18, 2009.

6).  RESOLUTION AUTHORIZING BUS TRAVEL:  A resolution will be presented next week authorizing bus transportation to the Association of Towns Conference and Schools in New York City, February 15-18, 2009.

7).  RESOLUTION APPOINTING OFFICIAL DELEGATES:  A resolution will be presented next week naming the official delegates to the Annual Association of  Towns Conference in New York City, February 15-18, 2009.

8).  RESOLUTION TO AMEND RECREATION FEES:  A resolution will be made next week to adopt a new fee schedule for the use of the Rosendale Community Center.

9).  RSOLUTION  FOR BUDGETARY TRANSFERS:  A resolution will be presented next week to authorize budgetary transfers.

10). RESOLUTION 12-2008-#2 Support for Rail Trail Study Grant.  The resolution is necessary for the Center for Symbolic Study, which wishes to work with Ulster County, local land use organizations, current owner and adjacent land owners along with the Town of Rosendale for a grant in the amount of $200,000 to study the feasibility of improving, maintaining the Wallkill Valley Railroad rail bed as rail trail.  Supervisor McDonough stated that there is no financial responsibility on the part of the Town.

Ken Hassett asked about accountability for the money; it appears the participants in the grant request are a closed loop of friends and acquaintances so there should be stringent over site and accountability.

A motion was made by Supervisor McDonough to adopt the resolution; seconded by Councilwoman Greene.  Roll Vote:

                                    Councilman Cluen                     Yes

                                    Councilman Gallagher   Yes

                                    Councilwoman Greene  Yes

                                    Councilman Minissali                Excused

                                    Supervisor McDonough            Yes

Billy Liggan thanked the Town Board for “putting up with yet another Pickle Festival”; this year’s attendance is believed to have been close to 6,800 which they considered quite an increase from last year.

Councilwoman Greene stated that the Town needs to go after “grants”; we should try to find a grant writer who would be willing to work on a commission basis.  She feels we have to get into the competition for the grant dollars.  Supervisor McDonough stated that he has been approached by several people about doing grant writing; he doesn’t know if they are willing to work for commission only.  Ed Maestro said that the Environmental Commission could do much more at no increased cost to the Town if a commission based grant writer could be found (it’s not to likely).

AUDIT OF BILLS:

            GENERAL FUND VOUCHER’S #1147-1189 TOTALING $26,874.09

            HIGHWAY FUND          “            #  265-283            “           $11,688.40

            SEWER FUND                “            #  186-194            “           $     454.48

            WATER FUND               “            #   178-187           “            $     705.82

A motion was made by Councilman Gallagher to pay the vouchers; seconded by Councilwoman Greene.  Roll Vote:  4 Yeses, 1 Excused.

A motion was made at 9:15 pm to adjourn by Councilman Gallagher; seconded by Councilwoman Greene.  Roll Vote:  4 Yeses, 1 Excused.

                                                                                    Respectfully submitted,

                                                                                    Joan S. Jordan

                                                                                    Town Clerk