2007 Minutes
TOWN OF ROSENDALE
TOWN BOARD MEETING
JANUARY 10, 2007
The meeting was called to order at 7:30 p.m. by Supervisor Gallagher at the Rosendale Community Center with the Pledge to the Flag.
PRESENT: Councilman Kenneth Hassett
Councilman Patrick McDonough
Councilwoman Manna Jo Greene
Councilman Kenneth Cluen
Supervisor Robert Gallagher
ALSO PRESENT: Fred Greitzer & Billy Liggan, Planning Board; Tim Morrison & Deb Tierney, Cable Commission; Tom Fiore, Building Inspector; John Maylie, ZBA; and several residents.
PETITIONS: No petitions were presented.
COMMUNITY EVENTS:
Monday, Jan. 15th, Martin L. King, Jr. Day, TOWN OFFICES CLOSED
Thurs., Jan. 17th, 7:00 p.m. Year End Audit, Town Hall
Wed., Feb. 7th, Town Board Workshop
Wed., Feb. 14th, Town Board Meeting
Mon., Feb. 19th, President’s Day, TOWN OFFICES CLOSED
Feb.18th – 21st, NYS Association of Towns Annual Meeting & Training School, NYC
Tues., March 27th, Planning Board Training, SEQRA, Ulster Co. Office Bldg.
MINUTES OF PRIOR MEETINGS:
A motion was made by Councilman Hassett to accept the minutes of the December 6th, 13th, and 21st meetings; seconded by Councilwoman Greene.
Councilwoman Greene requested that a change be made to the 12/6 minutes to reflect the correct spelling of Barbara Kendall’s name (it had been spelled Kendell), she also wanted to add that she commended John Maylie for his work at getting the presentation put together; she also requested that changes be made to the 12/13 minutes, page #2, second paragraph, "Ms. Greene reported the Environmental Commission has had Steve Winkley working on an interim report on water that will be done by June; in April the final report will be sent to RCCE;". Roll Vote: 5 Yes.
COMMITTEE REPORTS: Councilman Hassett reported there were no Recreation minutes for December as they did not meet; ZBA Minutes for December on file with Town Clerk, the agenda for the 1/16 meeting is light; he also read the Building Inspector report which is on file with the Town Clerk.
Councilman McDonough read from the Court report for Dec. which is on file; he also reported that the minutes of the Planning Board and Water/Sewer are on file with the Town Clerk. Councilman McDonough said that although he is not liaison to the Water/Sewer this year, at their last meeting they voted to send a letter to the Town Board to look into multi dwelling use charges, he will attend their January meeting and help with the study and information so Terry is not alone and knows that he has the support of the Town Board.
Councilman Cluen read the report from the Youth Commission, he noted that 3 commission members have resigned; the report is on file with the Town Clerk.
Councilwoman Greene reported that RCCE did not meet in December; she read the Transfer Station report which had a net profit of $3,971.08, the report is on file with the Town Clerk.
SUPERVISOR’S FINANCIAL REPORT: Supervisor Gallagher read the end balances for the month of December; the report is on file with the Town Clerk.
Tim Morrison reported that the Tillson School Panel had hired an architect to do some conceptual drawings of the school; they met last Wednesday with the Police Chief, Building Inspector to do a tour. He said that he hopes to have the conceptual drawing to present next month.
APPOINTMENTS/RESIGNATIONS: Supervisor Gallagher reported that Julienne Pape has resigned from the Tillson School Panel; he thanked her for her service.
A motion was made by Supervisor Gallagher to accept the resignation of Julienne Pape from the Tillson School Panel with the Boards thanks; seconded by Councilman Hassett. Roll Vote: 5 Yes.
1. Discussion – Public Access Channel: Tim Morrison stated that the Cable Commission is down to 3 members, Deb Tierney, Mary Ann Lonsbury and himself but the contract is in draft form; only the access channel issue needs addressing. In the overview he stated that our access is presently through Ellenville High School which is not that accessible and it is under utilized; he said that most students are in the Kingston area. Tim said that he has talked with Brenda Parks of Time Warner and they are willing to have Marbletown and Rosendale join Kingston Public Access; they (T/W) will expend some money .
2. RESOLUTION 01-2007#1 Contract for General Planning Services. Contract with C.T. Male Associates for Planning and Zoning consulting services for one year at a monthly fee of $1,380.00.
A motion was made by Supervisor Gallagher; seconded by Councilman McDonough. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
. 3. RESOLUTION #01-2007-#2 Appointment of Alternate Members of the Town of Rosendale Planning Board. The resolution is to name two (2) alternates to the Planning Board. Marc Cassidy, a former member and chairman of the Planning Board was the recommended for the first alternate by Councilman McDonough; he said that his personal opinion is that consistency is needed to keep the process moving forward; Marc should be the first alternate. After some discussion it was decided that a second alternate should be appointed at a later date. Councilwoman Greene said that she would support Nick Mercurio if he applies; he has probably attended as many meetings as members, his heart is in it.
A motion was made Supervisor Gallagher that Marc Cassidy be appointed as alternate to the Planning Board and that a second alternate be name at a later date; seconded by Councilman McDonough. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
4. RESOLUTION 01-2007-#3 Service Agreement with Ulster Uniform Service, Inc..
This resolution covers a 36 month contract for uniforms for highway, transfer station and water department employees.
A motion was made by Supervisor Gallagher; seconded by Councilman Cluen to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
5. RESOLUTION 01-2007-#4 2006 Year End Budgetary Transfers.
GENERAL FUND – transfer the sum of:
$800.00 from Justice C.E.(A1110.4) into Justices P.S. (A1110.1)
$100.00 from Independent Auditing (A1320.4) into Tax Collector C.E. (A1330.4)
2,200.00 from Telephones (A1650.4) into Buildings C.E. (A1620.4)
$3,200.00 from Police P.S. (A3120.1) into Police C.E. (A3120.4)
$30.00 from Traffic Control P.S. (A3310.1) into OSHA P.S. (A3389.1)
$10.00 from Supt. H’ways C.E. (A5010.4) to Supt. H’ways P.S. (A 5010.1)
$600.00 from Home Relief (A6140.4) into Street Lighting (A5182.4)
$4,000.00 from Home Relief (A6140.4) into Playground/Rec C.E. (A7140.4)
$600.00 from Dog Control P.S. (A3510.1) into Playground?Rec C.E. (A7140.4)
$61.00 from Planning C.E. (A8020.4) into Environmental P.S. (A8090.1)
$2,000.00 ZBA C.E. (A8010.4) into Refuse & Garbage C.E. (A8160.4)
$413.37 from UCRRA (A8710.4) into Landfill Closure (A8710.6)
$2,700.00 from Independent Auditing (A1320.4) into Bldgs. C.E. (A1620.4)
$485.15 from Pool P.S. (A7150.1) into Home Relief (A6140.4)
HIGHWAY FUND – transfer the sum of:
1. $1,200.00 from Gen. Maint. P.S.(DA5111.1) into Gen. Repairs P.S.
(DA5110.1)
$0.21 from Emp. Benefits Soc. Sec.(DA9030.8) into Unemp. (DA 9050.8)
WATER FUND – transfer the sum of:
$100.00 from Purification Eq.(SW8330.2) into Purification C.E.(SW8330.4)
$1,000.00 from Purification P.S.(SW8330.1) into Trans/Distr. P.S.(SW8340.1)
$2,374.43 from Transportation & Distribution Eq.(SW8340.2) into Supply C.E.(SW8320.4)
A motion was made by Supervisor Gallagher; seconded by Councilman Hassett to adopt this resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
6. RESOLUTION 01-2007-#5 Scheduling a Public Hearing to Consider Draft Comprehensive Plan.
A motion was made by Supervisor Gallagher; seconded by Councilman McDonough to schedule a public hearing for Tuesday, March 13,2007 at 7:30 p.m. . Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
7. RESOLUTION 01-2007-#6 Seeking Sealed Bids for Equipment
Sealed bids are being sought to purchase a new four wheel drive pick up for the building department; bids to be opened February 6, 2007 at 12:00 p.m.
A motion by Supervisor Gallagher; seconded by Councilman Hassett to adopt this resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
8. RESOLUTION 01-2007-#7 Authorizing Agreement Between the Town of Rosendale and the Town of Marbletown.
This is an Inter-municipal Agreement between the two Towns for the operation of the High Falls Water District.
A motion was made by Supervisor Gallagher; seconded by Councilman Cluen to adopt this resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
Discussion – Purchase of a trailer for Police Dept. The Police Department wants to
purchase a trailer for the child seat check program; they would like to purchase a 6’x10’ trailer from Trailer King, Poughkeepsie, NY for $2,800.00 (funds to come from the car seat grant).
A motion was made by Supervisor Gallagher; seconded by Councilman Hassett to authorize the Police to purchase a 6’x10’ trailer from Trailer King of Poughkeepsie, NY.
Roll Vote: 5 Yes.
COMMENTS FOR THE GOOD OF ROSENDALE:
Supervisor Gallagher announced that he met with representatives from ADP and they will do an audit on the payroll process you use to make it more efficient; they have done this with the Town of Ulster.
Fred Greitzer asked that a copy of the draft comprehensive plan be sent to the Ulster County Planning Board for their February meeting.
Julienne Pape announced that the Rosendale Chamber of Commerce will be holding their 2nd Annual Lovefest on February 10th from noon until night; all sorts of activities are planned for old and young alike. The schedule can be obtained from their web site, www.ROSENDALECHAMBER.COM Supervisor Gallagher noted that Julienne has been doing a good job on the Economic Development Committee; 2 new businesses have opened in Rosendale, San Marino Pizza and Red Brick Tavern.
Councilwoman Greene stated that she had spoken with the president of a SUNY New Paltz fraternity that had offered to raise money for community projects; she noted that the Town Clerk has the name on file.
Deb Tierney announced that the annual Commitment to Kids collected 4500 toys which were distributed in the local area.
AUDIT OF BILLS:
GENERAL FUND VOUCHERS #2-40 TOTTALING $56,032.96
HIGHWAY FUND " #2-12 " $ 3,213.44
SEWER FUND " #1-8 " $ 2,336.17
WATER FUND " #1-8 " $ 2,400.52
A motion was made by Councilman Hassett to pay bills; seconded by Councilwoman Greene. Roll Vote: 5 Yes.
A motion was made by Councilwoman Greene to adjourn at 8:45 p.m.; seconded by Councilman Hassett. Roll Vote: 5 Yes.
Respectfully submitted,
Joan S. Jordan
Town Clerk
TOWN OF ROSENDALE
TOWN BOARD MEETING
FEBRUARY 22, 2007
Meeting called to order at 7:34 p.m. by Supervisor Gallagher at the Rosendale community Center with the Pledge to the Flag.
PRESENT: Councilman Kenneth Hassett
Councilman Patrick McDonough
Councilwoman Manna Jo Greene
Councilman Kenneth Cluen
Supervisor Robert Gallagher
ALSO PRESENT: Fred Greitzer, Joe Havranek, and Billy Liggan of Planning Board; Bob Hendrickson, John Maylie ZBA; and about six residents.
Supervisor Gallagher asked for a moment of silence in memory of Joan DeWitt who passed away recently and was active in many community activities.
PETITIONS: No petitions were presented.
COMMUNITY EVENTS: Supervisor Gallagher noted the Chili Bowl Fiesta on Saturday, Feb. 24th from 2-6 p.m. and the benefit for Michael Dmoch and Rebekah Lowden on Sunday, Feb. 25th beginning at noon would be held at the Community Center.
MINUTES OF PREVIOUS MEETINGS: A motion was made by Councilman Hassett to accept the minutes of January 10th and 17th; seconded by Councilman McDonough. Roll Vote: 5 Yeses.
COMMITTEE REPORTS: Councilman Hassett reported that the minutes of the January Recreation Commission meeting are on file; he also noted that ads have been run for life guards and they are looking at an "on time opening "of the pool. He further noted that the new sign if front of the Rec Center is expected to be finished March 1st; copies of the Building Inspector report and the ZBA minutes are on file with the Town Clerk.
Councilman McDonough stated that he had missed the Planning Board meeting but the minutes of their meeting and the Justice report are on file with the Town Clerk. He stated that the Police Commission will be addressing the resignation of Officer Barnhart.
Councilwoman Greene stated that she had been unable to attend the Water/Sewer meeting due to a conflict but the minutes are on file; their Jeep has been taken off the road and needs to be replaced. She read from the annual year end Transfer Station report which is also on file with the Town Clerk.
Councilman Cluen reported that there were no minutes from the Youth Commission; he reported that the after school program at the Rosendale Elementary School would be ending at the end of the current school year, Kathy Wade is unable to manage that program and the Youth Center.
SUPERVISOR’S FINANCIAL REPORT: Supervisor Gallagher read the end balances for January; the report is on file with the Town Clerk.
RESIGNATIONS: Supervisor Gallagher reported that resignations had been received from Joyce Hartsfield, Environmental Commission; Michelle Snyder, Dog Control Officer; Elizabeth Schmeling, Asst. Dog Control Officer; Gina McGee, Rec Aide; Kristofer Barnhart, Polices Officer.
A motion was made by Councilman McDonough to accept the resignations with regret; seconded by Councilman Hassett. Roll Vote: 5 Yeses.
APPOINTMENTS: Supervisor Gallagher noted the following appointments: Julie Marchese, Dog Control Officer at $11.14 p/hr.; Michelle Snyder, Asst. Dong Control Officer, $8.65 p/hr.; Daniel Makowski, Rec Aide, $9.00 p/hr.
A motion was made by Councilman Hassett to approve the appointment of the three positions; seconded by Councilman McDonough. Roll Vote: 5 Yeses.
COMMISSION APPOINTMENTS: Environmental Commission for one year term, Paul Lendvay, Joan Maylie, Deborah Horowitz, Ilonka Metsger-Lukas, Rick Vandenheaval, Joseph Liuni, Jennifer Metzger.
A motion was made by Supervisor Gallagher and seconded by Councilman Cluen to appoint the seven members mentioned. Roll Vote: 5 Yeses.
Water/Sewer Commission for 5 year term, John Snyder.
A motion was presented by Supervisor Gallagher; seconded by Councilman Hassett to appoint John Snyder. Roll Vote: 5Yeses.
Youth Commission for a 1 year term; Gene Markle, Nora Snyder, Matt Terpening, Tina Merli; 2 year terms, Marlene Adelstein, Cory Brainard, Elena Hornbeck, Kelly O’Brien.
A motion was made by Supervisor Gallagher; seconded by Councilman McDonough to approve the forgoing appointments. Roll Vote: 5 Yeses.
Police Commission for a 1 year term: Anthony Stenta, Ray Lukas.
A motion was made by Supervisor Gallagher to approve the forgoing appointments; seconded by Councilman McDonough. Roll Vote: 5 Yeses.
Zoning Board of Appeals for a five year term. A motion was made by Supervisor Gallagher to appoint incumbent Louis Muenkel; seconded by Councilman Hassett. A letter of recommendation, favoring Mr. Muenkel, from the ZBA was read. Roll Vote:
Councilman Hassett Yes
Councilman McDonough No
Councilwoman Greene No
Councilman Cluen No
Supervisor Gallagher Yes
Motion defeated.
A motion was made by Councilman McDonough to appoint Ron Parenti, seconded by Councilwoman Greene. Roll Vote;
Councilman Hassett No
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher No
Motion carried.
TIME WARNER: Tim Morrison gave an up-date on joining Kingston Public Access. He said that he met with the Town of Marbletown and they agree to also join KPA (both need to agree for this to happen). A letter will have to be signed by both supervisors and be presented to Mayor Sottile; when KPA approves the application Time Warned will let us know when the change over will be done. Councilman Hassett thanked Tim for all the "foot work" he has done; he hopes that Tim will submit an application to serve on the Commission. Tim said that he would really like to see some else step forward with a real interest in public access to do the production and etc. Tim said that we will continue with our channel array, we will just see something besides Ellenville basketball.
RESOLUTION 2-2007-#2 Authorizing Lease with prestige Services. This is leasing space to Prestige at the Community Center for the Senior Nutrition Program.
A motion was made by Supervisor Gallagher; seconded by Councilman Hassett to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 2-2007-#3 STOP DWI Agreement. An agreement with Ulster County for DWI enforcement patrols.
A motion was made by Supervisor Gallagher to adopt this resolution; seconded by Councilman McDonough. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 2-2007-#4 Authorizing Revised ZBA Application. The amended form will be separated into four (4) separate appeals; Building Inspector, Area Variance; Use Variance; Interpretations.
A motion was made by Councilman McDonough and seconded by Councilwoman Greene. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
A brief discussion followed about "stop work orders" and whether something is in the local town code or not; Supervisor Gallagher stated that if something is in the NYS Building Code and not in the Town Code, NYS Code prevails. Councilwoman Greene requested that the town attorney be consulted because of language difficulty; we need clarity on obtaining a "stop work order".
RESOLTUION 2-2007-#5 Resolution to Adopt Master Management Agreement for High Falls Water District on Installation of Antennas on Storage Tank. An agreement between the Town of Rosendale, Town of Marbletown and JNS Enterprises, Inc. for marketing, leasing and developing cell sites when the EPA turns over ownership of the storage tank.
A motion was presented by Supervisor Gallagher, seconded by Councilman McDonough to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 2-2007-#6 Adopting the State of New York Deferred Compensation Plan. Plan would be voluntarily available to all eligible employees to offer tax-favored retirement savings.
A motion was made by Councilman Hassett and seconded by Councilman McDonough to adopt this resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 2-2007-#7 Authorizing Fence Installation. Fencing is needed to surround the new emergency generator at the Community Center and at Willow Kiln Park to bar access to potentially hazardous areas.
A motion was made by Supervisor Gallagher to adopt the resolution; seconded by Councilman Cluen. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 2-2007-#8 Telephone Service and Maintenance Contract for Police/Justice Court, Starplus DHS Telephone and Voice Mail System.
A motion was made by Supervisor Gallagher to adopt the resolution for covered period 1/1/2007-1/1/2008; seconded by Councilwoman Greene. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 2-2007-#9 Telephone Service and maintenance Contract for Assessors/Building Inspectors Office.
A motion was made by Supervisor Gallagher to adopt resolution; seconded by Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 2-2007-#10 Telephone Service and Maintenance Contract for Town Hall, IVX Digital Telephone and Voice Mail System.
A motion was made by Supervisor Gallagher; seconded by Councilman Cluen to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
DISCUSSION: Route 32 Bridge Rehab. Supervisor Gallagher stated that he, Carl Hornbeck, Terry Johnson, Michael DiBattista met with NYS DOT representatives on January 30th to discuss the current status of the project and give input on the proposed detour. Supervisor said that they were told that the project will be a rehab not a replacement due to lack of funding; the bridge will be closed for a minimum of 5 months to replace floor beams. DOT wanted to detour traffic through James Street; Carl Hornbeck, highway Superintendent, explained that the infrastructure of James Street can’t handle the truck traffic; he directed that CR 7 and Tillson Road , but expressed concern about left turn at the intersection of Tillson Road and Route 32. Supervisor Gallagher said that he asked that DOT connect the northwest side of the bridge sidewalk with the existing sidewalk about 100 feet from the bridge on Route 213, DOT will examine and try to incorporate into the plan. It was suggested that a public informational meeting be held as soon as possible to make public aware on the projects disruption and to suggest plans to mitigate inconvenience during the construction work. The expected start time is March/April 2008; Supervisor said that DOT is to be on our agenda for April 2007. A suggestion was made that since this is such an important route for all of Ulster County, we try to get support from Ulster County, City of Kingston and Town of New Paltz, more than 12,000 vehicles per day utilize that route.
DISCUSSION: Conference on Indian Point. Supervisor Gallagher is in receipt of a letter from Hudson River Sloop Clearwater, Inc. inviting attendance at a Roundtable Conference on Friday, March 2nd at Pace University, Pleasantville regarding the detected leakage at Indian Point. Councilwoman Greene addressed what some of the topics would be and concerns that would be in discussion. Presentations will be from 1:30-5:00 p.m., Panel discussion with Q & A from 6:30 – 8:30 p.m.
DISCUSSION: Request for Funds from Marbletown First Aid. A letter was received from the Marbletown First Aid Unit, an all-volunteer organization, is requesting a contribution from the Town of Rosendale of $2,700.00 for Rosendale’s portion of the 2006 operating expenses and for eventual replacement of ambulances. The unit covers portions of Rosendale, notably in High Falls Park and Cottekill Village. The board discussed wanting to help but since our budget has already been formulated for this year they will have to search hard to find money. Councilman McDonough said we should discuss this with them; Councilwoman Greene feels we should support them, they are the most life supporting organization and they are all volunteers.
COMMENTS FOR THE GOOD OF ROSENDALE:
Fred Greitzer announced that there will be a hearing on Wed., March 7th at UCCC presented by the Ulster County Planning Board Jury, this will be the final and only public meeting on the plan to set development plans for Ulster County; he feels this is "over rule" and opposes it’s adoption. John Maylie said that Home Rule will prevail.
The Women’s Studio Chili Bowl Fiesta will be held Saturday, February 24th, 2-6 p.m. at the Community Center.
A benefit concert will be held Sunday, February 25th beginning at noon at the Community Center for Michael Dmoch and Rebekah Lowden.
Friday, March 17th a St. Patrick’s Dinner will be held at the Community Center by the Rosendale Democratic Club
Saturday, April 21st, the Rosendale Commission for Conservation of the Environment will hold their Energy Expo at the Community Center.
The Sloop Clearwater will hold a concert on March 21st at Beacon H.S. featuring Pete Seeger and Ritchie Havens, contact Clearwater.
Billy Liggan extended thanks to the Town Board for the opportunity to attend the Association of Towns Conference in NYC, it was a very positive, learning experience.
Billy Liggan announced that the Rosendale Chamber of Commerce would like to hold Flea Markets in the Willow Kiln Park starting this year. Supervisor Gallagher said he would talk to attorney for the town about it.
AUDIT OF BILLS:
GENERAL FUND VOUCHER’s #108-182 TOTALING $41,351.40
HIGHWAY FUND " #22-46 " $10,668.23
SEWER FUND " #20-33 " $ 4,070.03
WATER FUND " #21-32 " $ 3,422.49
A motion was made by Councilwoman Greene to pay bills; seconded by Councilman Hassett. Roll Vote: 5 Yeses.
A motion was made by Councilman McDonough to adjourn at 9:30 p.m.; seconded by Councilman Cluen. Roll Vote: 5 Yeses.
Respectfully submitted,
Joan S. Jordan
Town Clerk
TOWN OF ROSENDALE
TOWN BOARD MEETING
MARCH 14, 2007
Meeting called to order at 7:30 p.m. by Supervisor Gallagher at the Rosendale Community Center with the Pledge to the Flag.
PRESENT: Councilman Kenneth Hassett
Councilman Patrick McDonough
Councilwoman Manna Jo Greene
Councilman Kenneth Cluen
Supervisor Robert Gallagher
ALSO PRESENT: Fred Greitzer, Billy Liggan of Planning Board; Ron Parenti of ZBA; Carol St. Rose, Joe Roddy of Water/Sewer; Dave Massimi, Code Enforcement; Kevin Hines, Fire Marshall; and about 15 other residents.
PETITIONS: None were presented.
COMMITTEE REPORTS: Councilman Hassett reported that the minutes of the Recreation Commission are on file with the Town Clerk; he also reported that the completion of the sign in front of the Community center has been delayed and is now expected to be completed April 1sst. Councilman Hassett reported that the minutes of the ZBA and the Building Inspector’s report are on file with the Town Clerk.
Councilman McDonough read from the Police report and gave a supplemental report on police vehicle usage (5,000 miles) for the month of February. Councilman McDonough stated that the minutes of the Planning Board are on file with the Town Clerk and that the new Planning Board Alternate Member (Marc Cassidy) served his first meeting.
Councilman Cluen the Youth Center has applications for "sports Camp" available; residents will be given first preference and then non-residents. The Annual Car Show will be held May 20th on the Community Center grounds. Summer Camp registration is done. Kathy Wade is starting a new smoking prevention program; she is still awaiting $1,950.00 from Ulster County for last year’s program.
Councilwoman Greene read the Transfer Station report for February. She would like to revisit the Green Disc Program for the collection of CD’s, VCR’s and etc. and see if there is interest among residents using the Transfer Station for such a program. Councilwoman Greene apologized for being late to the Water/Sewer monthly meeting. She said they are trying to track down multi-family units that are only paying as single units. Terry Johnson is looking into obtaining a vehicle; he is looking into costs of a new versus a used vehicle.
SUPERVISOR’S FINANCIAL REPORT: Supervisor Gallagher read the end balances for February. The report is on file with the Town Clerk.
APPOINTMENTS/RESIGNATIONS: Two appointments are being made to the Police Dept. on the recommendation of the Police Commission. The recommendations are Kyle Frano and Corey Kilfoyle as part-time polices officers @ $15.40 per hour.
A motion was made to appoint Kyle Frano and Corey Kilfoyle as part-time police officers by Supervisor Gallagher; seconded by Councilman Hassett. Roll Vote: 5 Yeses.
Councilwoman Greene nominated Nick Mercurio for the second alternate member position to the Planning Board. Councilman McDonough said that Nick would be a good addition to the Planning Board; he has probably attended every meeting over the last several years.
RESOLUTION 3-2007-#1 Appointment of Alternate Members of the Town of Rosendale Planning Board.
A motion was made to appoint Nick Mercurio as the second alternate member to the Rosendale Planning Board for the term April 1, 2007 to January 31, 2008 by Supervisor Gallagher; seconded by Councilman McDonough. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 3-2007-#2 Up-date Emergency Preparedness Plan. An up-dated list identifying the chain of command flow t to be used in the event of an emergency situation in the Town.
A motion was made by Supervisor Gallagher; seconded by Councilman Hassett to adopt the revised listing. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 3-2007-#3 Site Plan Approval. The resolution is for acceptance of the site plan for the Rosendale Chamber of Commerce Flea Market to be located in the municipal parking lot adjacent to Willow Kiln Park.
A motion to accept was made by Supervisor Gallagher; seconded by Councilman McDonough. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 3-2007-#4 Authorizing Survey Services. The resolution is to authorize the Supervisor to seek out and obtain services of a company or companies able to provide services for property of Iron Mountain Information Management, Inc. on Binnewater Road, 11.646 acres, which it desires to donate to the Town of Rosendale and to execute a contract with said survey company or companies.
A motion was presented by Supervisor Gallagher to adopt the resolution; seconded by Councilman Cluen. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 3-2007-#5 To hold a Public Hearing to Consider Adopting a Local Law for Prohibiting Illicit Discharges, Activities and Connections to Separate Storm Water System. The Town Board will hold a public hearing on the advisability of adopting this local law on Wednesday, April 4, 2007 at 7:30 p.m. at the Rosendale Community Center.
Supervisor Gallagher said that this puts us one step ahead of other municipalities for compliance by 2008.
A motion was made by Supervisor Gallagher to adopt the resolution; seconded by Councilwoman Greene. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
REVIEW: Draft of the Wallkill River Watershed Conservation and Management Plan. This is a simple, concrete recommendation for the future protection of the Wallkill River watershed. Supervisor Gallagher said that the Environmental Commission should look into reviewing this. Councilman Hassett asked if they are asking us to join and what would be our responsibilities. Councilwoman Greene said that she believes they are asking for active participation in the form of an inter-municipal agreement; it will serve as a guide for the future. Councilman Hassett asked if this could increase strength for grants that might become available; Councilwoman Greene responded, yes it would.
FYI: Marbletown First Aid sent a letter inviting everyone to and Open House at the their squad building on School Hill Road in High Falls on Saturday, March 24th from 11:00 a.m. until 2:00 p.m. They will be making a Senator John Bonacic and Honorary Member at 1:00 p.m. in gratitude for all the work he has done on their behalf.
REVIEW: The Police Dept. wishes to purchase or lease a new 2007 Chevrolet Impala under state bid. A discussion took place regarding whether the vehicle should be purchased over two years as we have in the past or whether it should be done by lease over a three year period with a $1.00 buy out. The Board figured that the additional cost of $2,000.00 in finance charges was not warranted; we should follow our usual practice of two years. The Police have the necessary funds in their Capital Reserve to cover the first year.
A motion was made by Councilman Hassett to authorize the purchase of a 2007 Chevrolet Impala for the Police Dept. over a two year period under state bid; seconded by Councilman McDonough. Roll Vote: 5 Yeses.
DISCUSSION: Creek Locks Commons Property procedures. A draft opinion letter from Shane Gallo, Esq. (George Redder) dated March 14, 2007 was provided to Board members for review. Supervisor Gallagher stated that the procedure is more in depth than we were lead to believe; these are the first two steps for starting the process before going out for RFP or going to contract with a surveyor.. Supervisor Gallagher said that next month we will have further information and discussion. Councilwoman Greene said there should be an opportunity for public input before we get too far into the process; Supervisor Gallagher responded "it’s in here". Councilwoman Greene said "this will define what the Town becomes; it’s a prime area". Councilman McDonough said there will be no PILOTS; "green building" techniques will be utilized as much as possible; it will up-grade the water/sewer system and add sidewalks to Route 32. Supervisor Gallagher said that next month we will have a finalized procedure.
DISCUSSION: Local Law for ZBA Alternate. Supervisor Gallagher stated that it is legal counsels opinion that we need to adopt a Local Law of allow for appointment of alternate members of the ZBA just as we did for alternate members to the Planning Board; we will set a public hearing date at next month’s workshop meeting.
FOR THE GOOD OF ROSENDALE:
Jack Gouldsbury offered to donate a show box frame and mount the Executive Order that was presented to the Town last month designating the "Shawangunk Mountain Scenic Byway".
Ken Oldehoff stated that a letter should be written to the "Freeman" regarding the front page article about the Town of Woodstock going "green" and their use of solar energy; he would like it noted that the Town of Rosendale was in the forefront for using solar energy and applying "green" building policies.
Ken Oldehoff stated that there is a pond being built on Route 32 in Tillson near the Klepeis’ which appears to be in an environmentally sensitive area; Dave Massimi said that the Army Corp of Engineers is looking at the situation and the owner has agreed to halt work until a determination is made. Deb Horowitz, RCCE member, feels that a procedure should be developed, regulatory guidelines that can be applied prior to anyone starting anything in wetland area. She said that "once the damage is done it can’t be undone". Councilman McDonough stated that we are in the process of completing our Comprehensive Plan which will address this; he feels water is our most important and most endangered resource. Councilman Hassett asked that the Environmental Commission make some procedural recommendations to the Town Board. Councilwoman Greene said that landowners having or abutting delineated wetlands should be identified and notified of the regulations and who they need to interact with and the penalties for violations; we need to be proactive rather than reactive without creating unnecessary grief for anyone. Fred Greitzer said that people sometimes intentionally do things close to the weekend knowing that they can get away with something. Councilman Hassett stated that the Town had received a letter more or less stating that DEC has no intention of delineating that particular wetland area (Tillson) due to a lack of money.
Dave Massimi publicly thanked John Liguori for voluntarily offering to settle the neighbor dispute that has been going on in Tillson for six months over a dumpster.
Jack Gouldsbury stated that he feels the speed sign on Route 32 south of Park Heights Senior Housing on the north bound side is inappropriate, it has a speed limit of 55 miles per hour on a curve where there is a road entrance. He feels the sign is telling people that it is okay to continue at that speed when it is really unsafe. Supervisor Gallagher explained that we have no control over the signs or speed limit on Route 32, it’s a State road and DOT is responsible; we can make suggestions but it’s up to them.
AUDIT OF BILLS:
GENERAL FUND VOUCHER’S #269-290 TOTALING $11,484.52
HIGHWAY FUND " #69-76 " 4,579.93
SEWER FUND " #53-56 " 3,257.98
WATER FUND " #51-55 " 6,570.49
A motion was made by Councilman McDonough to pay all the bills; seconded by Councilman Cluen. Roll Vote: 5 Yeses.
A motion was made by Councilman Cluen to adjourn at 9:12 p.m.; seconded by Councilwoman Greene.
DATES TO REMEMBER:
Sun., March 18th, 2:30 p.m. the ByWater Bistro will host a High Tea fundraiser for the Rosendale Library. Local author, Susan Richards, will discuss her book: "Chosen by a Horse". Tickets are $20 available at the Library. Seating is limited.
Sat., April 7th, 1:00 p.m. Annual Easter Egg Hunt, Recreation Center
Fri., April 6th, Good Friday, TOWN OFFICES CLOSED
Sat., April 20th, 9:00 a.m. to 4:00 p.m., Rosendale Earthfest and Energy Expo, Community Center
Sun., March 18th, Rosendale Café, fundraiser for Michael Dmoch
Sat., March 31st, 5-7 p.m., Spaghetti Dinner to benefit the Charles Haas Scholarship Fund, high Falls Fire House
Respectfully submitted,
Joan S. Jordan
Town Clerk
TOWN OF ROSENDALE
TOWN BOARD MEETING
APRIL 11, 2007
The meeting was called to order by Supervisor Gallagher at 7:30 p.m. at the Rosendale Community Center with the Pledge to the Flag.
PRESENT: Councilman Kenneth Hassett
Councilman Patrick McDonough
Councilman Manna Jo Greene
Councilman Kenneth Cluen
Supervisor Robert Gallagher
ALSO PRESENT: Billy Liggan, Fred Greitzer from Planning Board; Debbie Tierney, Cable Commission; John Maylie, ZBA; Joan Maylie, Environmental Commission; Tim Morrison and about three residents.
PETITIONS: No petitions were presented.
MINUTES OF PREVIOUS MEETINGS: A motion was made by Councilman Hassett to accept the March minutes; seconded by Councilman McDonough. Roll Vote: 5 Yeses.
COMMITTEE REPORTS: Councilman Hassett reported that the March minutes of the Recreation Commission, ZBA and the Building Inspector are on file with the Town Clerk.
Councilman McDonough reported that the minutes of the Police Commission, Planning Board and the Justice Court report are on file with the Town Clerk.
Councilwoman Greene reported that the Water/Sewer Commission is sending out a letter to all district customers pertaining to enforcement of section 78-13 of the Water Regulations; meters or minimum charges for multiple family residences. She credited and complimented Terry Johnson for all the work he did in getting the information together. Ms. Greene read the net income from the Transfer Station report which was $3,641.54; the report is on file in the Town Clerk’s Office.
Councilman Cluen reported that the Youth Office is getting ready for the Car Show in May; they have received the money from Ulster County for the Stop Smoking Program for last year and are looking forward to starting another in September.
SUPERVISOR’S FINANCIAL REPORT: Supervisor Gallagher read the end of month balances; the report is on file with the Town Clerk.
CORRESPONDENCE: Is on file at Town Hall.
APPOINTMENTS/RESIGNATIONS: Supervisor Gallagher made a motion to appoint Tim Morrison as our representative to the Kingston Public Access Commission; seconded by Councilman McDonough. Roll Vote: 5 Yeses. Each Board member added their "thanks" to Tim for all his work.
Tim said that KPA is trying to separate from the City of Kingston and wanted to alleviate any concerns about all the publicity that has been in the local media. Supervisor Gallagher said that the advertising alone will be beneficial to the Town. Tim said that all he needs now are the signatures of Supervisor Martello and Supervisor Gallagher on a letter to Time Warner for the switch to be made. Tim said that KPA is in the process of trying to obtain a second Channel (they only have one at the present time, a second channel had never been requested). Councilman Hassett stated that once we learn the procedure for getting on air we can put it on our web site.
RESOLUTION 4-2007-#2 To Hold a Public Hearing to Consider Adopting a Local Law for Prohibiting Illicit Discharges, Activities and Connection to Separate Storm Sewer System. The hearing will be scheduled for May 2, 2007 at 7:30 p.m.
Supervisor Gallagher "thanked" John Maylie for all his work on this project.
A motion was made by Supervisor Gallagher and seconded by Councilman Cluen to adopt this resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 4-2007-#3 Authorizing the Acceptance of a Gift of Certain Real Property Situated Within the Town of Rosendale From the Grantor, Viola Morelli, et al, to the Town of Rosendale Water District, Grantee.
This land donation is approximately 1.3 acres adjacent to the Rosendale Water District off John Street.
A motion was made by Supervisor Gallagher to authorize the supervisor to sign any and all necessary documents related to the acceptance of this real property; seconded by Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
3. Discussion/Motion: A letter was received from Senator Bonacic informing the Supervisor that a $25,000.00 grant from "member items" for the purchase of a police vehicle.
A motion was made by Councilman McDonough; seconded by Councilman Hassett to authorize the outright purchase of 2007 Chevrolet Impala from Major Chevrolet, Inc. for $20,886.00. Roll Vote: 5 Yeses.
RESOLUTION 4-2007-#4 Authorizing Addendum to Contract for Planning Services. This resolution is to amend previous contract to include professional engineering review consulting services at a cost of $95.00 per hour.
A motion was made by Supervisor Gallagher; seconded by Councilman McDonough to authorize the Supervisor to complete and addendum to the contract with C.T. Male Associates. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 4-2007-#5 Authorizing Agreement with C.T. Male Associates. This resolution is for review and revision of Planning Board application forms with the services of planning consultant at a Cost of $2,340.00.
A motion was made by Supervisor Gallagher; seconded by Councilman Cluen to adopt this resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 4-2007-#6 To Authorize the Entering into a Franchise Agreement for the Sale of Food and Beverages at the Concession Stand Adjacent to the Municipal Pool.
This agreement is for the period from April 15, 2007 to September 15, 2008 with Douglas and Susan Olympia, d/b/a Lite-N-Rite.
A motion to adopt this resolution was presented by Supervisor Gallagher; seconded by Councilwoman Greene and Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 4-2007-#7 Budgetary Transfers.
This resolution is to authorize the following budgetary transfers:
GENERAL FUND-transfer the sum of:
$8,717.34 from Safety Insp. C.E. (A3620.4) into Safety Insp. Eq. (A3620.2).
$1,000.00 from Tax Collector C.E. (A1330.4) into Tax Collector P.S. (A1330.1).
$150.00 from Bldgs. C.E. (A1620.4) into Economic Dvlp. C.E. (A6989.4).
$1,200.00 from Celebrations C.E. (A7550.4) into Food Pantry C.E. (A8989.4).
WATER FUND – transfer the sum of:
1. $176.53 from Admin. C.E. (SW8310.4) into Admin. Eq. (SW8310.2).
A motion was made by Supervisor Gallagher; seconded by Councilman Hassett to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 4-2007-#8 Establishing Qualifying Training Activities for the Municipal Planning Board and Zoning Board of Appeals Members as Required by New York State Law, Chapter 662 of the Laws of 2006.
A motion was made to adopt this resolution by Supervisor Gallagher; seconded by Councilman McDonough. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
Billy Liggan said that he would like to offer holding training sessions here at the Community Center and perhaps make a little money in the process.
RESOLUTION 4-2007-#9 Authorizing the Town Supervisor to Enter Into an Intermunicipal Agreement with Ulster County for the Purpose of Implementing Phase III Stormwater Requirements (MS4).
A motion was made by Supervisor Gallagher ; seconded by Councilwoman Greene to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 4-2007-#10 To hold a Public Hearing to Consider Adopting a Local Law Authorizing Town of Rosedale to Permit the Appointment of Alternate Members to the Town of Rosendale Zoning Board of Appeals.
Said public hearing will be held on May 2, 2007 at 7:30 p.m. at the Rosendale Community Center.
A motion was made by Supervisor Gallagher; seconded by Councilman McDonough. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 4-20070#11 Recognizing the Week of April 15-21, 2007 as "Shaken Baby Awareness Week".
A motion was made by Councilman McDonough; seconded by Councilman Hassett to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
Councilman McDonough noted that the Ulster County Legislature is also passing a resolution supporting this. Ken Oldehoff stated that "The Skipper Initiative" was started in the Mid Hudson Valley in memory of George "Skipper" Lithco who died 12/3/2000 at age 11 months; Rosendale was the first town to pass this resolution. Ken said that this is an educational process that’s working, mortality figures are going down. Councilman Hassett asked Ken Oldehoff if he could provide posters and literature to our Youth Office; Ken Oldehoff said that there is a whole program and he will get the material to Kathy Wade.
PROCLAIMATION: National Library Week 2007. Supervisor read the "proclamation" declaring April 15-21, 2007 as National Library Week.
RESOLUTION 4-2007-#12 Authorizing Agreement with Hoppenstedt Veterinary Hospital. This resolution authorizes the Supervisor to sign an agreement with Hoppenstedt Veterinary Hospital for the use of services for the caring and boarding of stray dogs.
A motion was made by Supervisor Gallagher; seconded by Councilman McDonough to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 4-2007- TABLED Adopting Local Law Number 1 of the Year 2007 for Stormwater Management & Erosion & Sediment Control. A discussion took place regarding wording; John Maylie questioned "home rule" regarding some points. It was agreed that the resolution would be tabled while John Maylie can clarify the information and report back to the Board.
A motion was made by Councilman Hassett; seconded by Councilman McDonough to table the resolution. Roll Vote: 5 Yeses.
Supervisor Gallagher reported that we will have to go out to bond for $45,000.00 for the Water District; a claim has come in showing that a bill from 2002 has never been paid which was part of the original 1995 Mountain Road Water Storage Project. Councilman Hassett said we were under the impression that this was paid; the previous supervisor advised the Board that this was paid. Councilman McDonough stated that the contractor found a mechanics lien that was not satisfied. Supervisor Gallagher said that when he took office the balance in the reserve account was $14.00 and change; the contract was not satisfied. More information will be coming.
COMMENTS FOR THE GOOD OF ROSENDALE: Fred Greitzer stated that the Ulster County Planning Board reviewed the Rosendale Comprehensive Plan at their meeting last week and were very positive about the plan; they did cite there was a lack of siting of affordable housing. Councilwoman Greene commented that she does not feel that affordable housing should be concentrated in one area. Councilman Hassett said that Ulster County will not dictate to us. Councilman Cluen extended congratulations to the authors of the plan.
Jack Gouldsbury wanted to compliment the Rosendale Highway Dept. for the snow removal they did following the heavy storm of March 17-18; they did a very nice job clearing the parking lots and etc.
Councilwoman Greene wanted to mention the Rondout Valley School, the $27M bond that was defeated, there is a sub committee still working to obtain passage. She urged people to get out and get involved.
Ms. Greene noted that there will be a roundtable "Bringing Sustainable Energy Infrastructure into the Hudson Valley" which will bring together leaders to create solutions; it will be held 4/12/2007 from 1-5 p.m. in Harriman, NY.
Ms. Greene also announced that the Rosendale Environmental Commission will be holding their 3rd Annual "Energy Expo"on 4/21/2007 at the Community Center.
Joan Maylie said they will have entertainment and it will be a real family event; the admission fee goes back to the Town. Ms. Greene complimented all the members that have taken over to make the event a success; she said the commission has become "empowered".
Councilman McDonough announced that on May 15th the Tillson Boy Scout Troop #17 will be holding their 3rd Annual Spaghetti Dinner, $6.00 adults, $5.00 seniors.
April 28th the "Beltane Festival", Rosendale’s longest running festival(17th year), will take place in Tillson.
Supervisor Gallagher announced that the Highway Dept. has extended the parking area at Willow Kiln Park for the Flea Market; they have also uncovered more kilns which will have to be fenced or have rocks dumped for security.
AUDIT OF BILLS:
GENERAL FUND VOUCHER’S #332-370 TOTALING $116,055.68
HIGHWAY FUND " # 93-109 " $ 5,369.59
SEWER FUND " # 61-70 " $ 4,241.63
WATER FUND " # 63-72 " $ 4,186.13
SOLAR " # 6 " $ 1.56
A motion was made by Councilman Hassett to pay the bills; seconded by Councilwoman Greene. Roll Vote: 5 Yeses.
A motion to adjourn was made by Councilman McDonough at 9:10 p.m.; seconded by Councilman Cluen.
Respectfully submitted,
Town of Rosendale
Town Board Meeting & Public Hearing
Additional Costs Improvements Mtn. Road Storage Tank
May 9, 2007
Meeting called to orders by Supervisor Gallagher at 7:30 p.m. at the Rosendale Community Center with the Pledge to the Flag.
PRESENT: Councilman Kenneth Hassett
Councilman Patrick McDonough
Councilwoman Manna Jo Greene
Councilman Kenneth Cluen
Supervisor Robert Gallagher
ALSO PRESENT: Michael Moriello, Esq., Frank Natoli, and a representative of Brinner & Larios; Fred Greitzer, Billy Liggan of Rosendale Planning Board, David Massimi, Rosendale Code Enforcement Officer; Tim Morrison, Deb Tierney of Rosendale Cable Commission and about ten residents.
Supervisor Gallagher opened the public hearing on Additional Costs of Improvements to Mountain Road Storage Tank; notice of public hearing was read by the Town Clerk.
PETITIONS: No petitions were presented.
COMMUNITY EVENTS: Supervisor Gallagher announced that the Community Events are listed on the reverse side of the agenda.
Councilwoman Greene announced that on May 18th the Rondout Watershed will hold a training session that should qualify for credit for the planning board members.
Councilman McDonough announced that he just learned that Patterns for Progress is holding a workshop on June 12th, they desire municipal participation at a cost of $65.00 per person, which he believes could also count toward educational credits for planning and zoning board members. He will bring the brochure to Town Hall.
MINUTES OF PREVIOUS MEETINGS: A motion was made by Councilman Hassett to accept all the minutes for April 2007; seconded by Councilman Cluen. Roll Vote: 5 Yeses.
COMMITTEE REPORTS: Councilman Hassett stated that the minutes for the Recreation Commission and Zoning Board are on file in the Town Clerk’s Office; he also read from the Building Inspector’s report, they had net revenue for April of $7,929.00.
Councilman McDonough reported that the minutes of the Police Commission and Planning Board were on file with the Town Clerk.
Councilwoman Greene reported that the Transfer Station had net revenue of $3,408.00 for the month with 3 bins of recyclables and 10 bins of garbage pulled during the month. She stated that she missed the Water/Sewer meeting which had an information session on enforcement of the multiple household meter regulation; she reported that Councilman McDonough did attend the session. He reported that a rather active discussion took place; when the people realized how in debt the sewer district was they wanted to try to find viable solutions. The Commissioners decided to postpone implementation of the regulation (they were going to implement it on the June bills); Terry Johnson will be working with figures to try to find an alternate solution to applying additional minimum charges at this time. Councilman McDonough said that the W/S Commission will have to do something about the wording of the regulations as they are now written; Councilman Hassett stated that the Town Board wrote the law and it must be enforced, it is to bad if it diminishes the profits of a few. Bill Brooks asked that the Board check when the regulations were passed and by whom. Supervisor Gallagher stated that the W/S Commissioners have been asking for enforcement of this regulation for a least the last four years; the sewer District is presently $11,000.00 in the red and not gaining from the rate increase that was imposed in the fourth quarter of 2006. Customers will be notified ahead of time about any informational sessions or the actual imposition of enforcement of the regulation (§73.18).
Supervisor Gallagher noted that water/sewer has the greatest amount of infrastructure and the least amount of customers.
Councilman Cluen reported that he missed the last Youth Commission meeting and did not have minutes to report on.
Tim Morrison reported that last Tuesday we were accepted into Kingston Public Access (KPA); now we have to contact Time Warner to make arrangements for the access. He also reported that the Public Service Commission has a complaint service on line; he also told us that there is a bill in the Assembly that needs to be watched. The bill would give municipalities control over franchises and provide high speed internet to all municipal buildings; it would set that franchise fee at a flat 5% (this is a hidden tax that is passed directly to the consumer) and fines (they need to resolve where the money will go). He said there is no consideration being given to ala carte program selection by customers. Time Warner and Verizon are the only 2 companies presently operating and the bill will deter small start;-up companies from entering the market; Tim will draft a letter for the Town Board to act on. The bill has been in committee since 1/9/2007 and he has a very big concern about a monopoly. Councilman McDonough asked if there is a parallel bill in the Senate; Councilwoman Greene asked Tim to find out where our local representatives stand on the matter and report back.
SUPERVISOR’S FINANCIAL REPORT: Supervisor Gallagher read the end of month balances and noted that the report is on file in the Town Clerk’s Office.
CORRESPONDENCE: Correspondence is on file at Town Hall.
APPOINTMENTS & RESIGNATIONS: Supervisor Gallagher announced that there was one resignation; Edwin Brewster, from the Police Dept.
A motion was made by Supervisor Gallagher to accept the resignation of Edwin Brewster; seconded by Councilman Hassett. Roll Vote: 5 Yeses.
FOR REVIEW: Accounting information related to the Mountain Road Tank Project for justification of additional expenses.
DISCUSSION: FJN UPDATE: Michael Moriello, Esq. representing FJN brought the Board up to speed on the request for a change of zoning. The property is currently an "A Residential"; they are seeking a change to "Commercial". Environmental assessments have been submitted; they are now suggesting a joint Planning Board/Town Board public hearing for 7:00 p.m. on June 6, 2007. The site will constitute less than one (1) acre of disturbed land area, steel storage buildings will be tan with green roofing; the entrance will be from River Road Extension (soon to become Covered Bridge Road) off NYS Route 32 to mitigate traffic flow; a landscape berme will consist of 8’ spruce trees across the front, a stone wall around the sign. It was noted that the project has been downsized to 120 units; there will be no black top (#4 crushed stone will be utilized) for the parking areas and driveways; they will be working with Turco Brothers to clean up the road front area with landscaping and by moving his present equipment to the rear of the property. Mr. Moriello stated that this project has full address to the Comprehensive Plan (the new as yet un-adopted plan).
Councilwoman Greene stated that she honored the work FJN has done; she has reservations that had the project not been under development she would not vote for it; in the future she would like zoning changes made on merit not on the project. Mr. Moriello said this was not a precident; getting a zoning change first the process becomes segmented; SEQRA can’t look at economic conditions but the Town Board can.
Councilman McDonough said that the town should look at all resources available to determine where to locate certain areas as business zones.
Councilman Hassett stated that this plan has been so transparent through the process; all appropriate agencies have reviewed the project.
Councilwoman Greene asked Mr. Natoli if he and his neighbors have thought about conservation easements; Mr. Natoli said he would consider it later. Councilman McDonough said that he believes that NYS has a tax reduction for easements up to $5,000.00. Councilman McDonough stated that in no way does the granting of a conservation easement become an issue in granting a zoning change.
RESOLUTION 5-2007-#1: Scheduling a Joint Public Hearing on Proposed Amendment to the Rosendale Zoning Law. The hearing will be a joint hearing of the Rosendale Planning Board and the Rosendale Town Board on the application for a zoning change from A Residential to Commercial by FJN Properties, LLC; PJP Lawrenceville Corp.; Frank Klepeis and Mary Klepeis. The public hearing is being scheduled for 7:00 p.m., June 6, 2007
A motion to adopt the resolution was presented by Supervisor Gallagher; seconded by Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
PRESENTATION: Rondout Valley School Budget: Deb Kosinski presented information on the 2007-2008 Budget which is to be voted upon May 15th; Rondout Valley School Superintendent and the Board Chairperson also accompanied her. The proposed budget is $56,793,478.00 which is an increase of 5.97% from last year; reflecting a tax levy increase of 3.67%. She stated that there will be only one opportunity to pass this budget; if the budget is defeated it will go to austerity. Councilman Hassett asked if this was separate from the capital project which was voted down in December, Ms. Kosinski said it was not but they are looking to have a revote on the capital project at a later date.
PRESENTATION: Progress on the Annual MS-4 Program: Supervisor Gallagher announced that the draft MS-4 annual report for year ending March 9, 2007 was available for inspection. Supervisor Gallagher thanked the committee: David Massimi, John Maylie, Tom Fiore, and Terry Johnson for their diligent work.
HIGH FALLS WATER DISTRICT VEHICLE PURCHASE: A motion was made by Supervisor Gallagher to authorize the Commissioner’s to purchase the truck for the High Falls Water District as budgeted; seconded by Councilman Hassett. Roll Vote: 5 Yeses.
DISCUSSION: Rosendale Water/Sewer Vehicle Purchase: A memo was received from Terry Johnson, Water/Sewer Superintendent, requesting approval for a small pickup truck through NYS Bid at a cost of $15,986.00 to be spread over two years, $8442.30 p/y; the first payment will be split between water and sewer district capital reserves: $5,740.77 from Water Capital Reserve, $2,701.53 Sewer Capital Reserve.
RESOLUTION 5-2007-#2 Authorizing Expenditures from Water District Capital Reserve.
A motion was made by Supervisor Gallagher to authorize the expenditure of $5,740.77 for this year’s portion from Water Capital Reserve for the purchase of a truck; seconded by Councilman McDonough. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 5-2007-#3 Authorizing Expenditures from Sewer District Capital Reserve.
A motion was made by Supervisor Gallagher to authorize the expenditure of $2,701.53 for this year’s portion from Sewer Capital Reserve for the purchase of a truck; seconded by Councilman McDonough. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 5-2007-#4 Adopting Local Law Authorizing Town of Rosendale to Permit the Appointment of Alternate Members to the Town of Rosendale ZBA.
A motion was presented by Supervisor Gallagher and Seconded by Councilwoman Greene to adopt the Local Law allowing appointment of alternate ZBA members. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 5-2007-#5 Adopting Local Law Prohibiting Illicit Discharges, Activities and Connections to Separate Storm Sewer System.
A motion was presented by Supervisor Gallagher to adopt the Local Law; seconded by Councilman Cluen. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 5-2007-#6 Authorizing Street Light Order. This resolution was presented to give the Supervisor authorization to install a street light at the intersection of James Street and Parkcrest Drive.
A motion was made by Supervisor Gallagher to adopt this resolution; seconded by Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 5-2007-#7 Authorizing Right of Way Agreement. This resolution grants a right of way located at 398 Main Street between Louis Sclafani and the Town of Rosendale for public access to the Municipal Parking Lot; the term (an egress from) was deleted from the resolution prior to taking the roll vote.
A motion was presented by Supervisor Gallagher; seconded by Councilman McDonough;
Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 5-2007-#8 Authorizing Agreement with the Ulster County Society for the Prevention of Cruelty to Animals.
This resolution authorizes the Supervisor to sign an agreement with said organization to allow selected abandoned Town of Rosendale dogs to be brought to their shelter for adoption.
A motion was made by Supervisor Gallagher; seconded by Councilman Cluen. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 5-2007-#9 Supporting the Community Preservation Act. Passage to this act by the state will give an additional optional tool to communities for maintaining open land to provide parks, recreational opportunities, protect water quality, and preserve wildlife habitat and natural views.
A motion was made by Supervisor Gallagher to adopt this resolution of support; seconded by Councilwoman Greene. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
DISCUSSION: Surplus Equipment: Highway Superintendent Carl Hornbeck requested authorization to use a company called "AuctionsInternational.com" to list highway surplus vehicles for greater exposure and hopefully better bids.
A motion was made by Councilwoman Greene to authorize the Highway Superintendent to advertise for surplus bids on the internet; seconded by Councilman Hassett. Roll Vote:
5 Yeses.
RESOLUTION 5-2007-#10 Seeking Sealed Bids on the Removal, Weighing and Purchase of Scrap Metal. Bids will be received by the Town Clerk on or before June 5, 2007 at 12:00 p.m. at Town Hall.
A motion to adopt the resolution was made by Supervisor Gallagher; seconded by Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
A motion was made by Councilman McDonough to close the public hearing at 9:20 p.m.; seconded by Councilman Hassett. Roll Vote: 5 Yeses.
RESOLUTION 5-2007-#11 Public Interest Order for Mountain Road Water Storage Tank.
A motion was presented by Supervisor Gallagher; seconded by Councilman McDonough.
Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 5-2007-#12 Bond Resolution Authorizing the Issuance of $45,000 Serial Bond to Pay the Cost of Construction of Mountain Road Water Storage Tank.
A motion was presented by Supervisor Gallagher to adopt the resolution; seconded by Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
COMMENTS FOR THE GOOD OF ROSENDALE:
Tim Morrison stated that "spring" is here; people are burning garbage in his neighborhood. He said they are doing it after dark and he has been unable to locate the source; he asked that the Town Board consider doing something about it. Supervisor Gallagher said that would be enforcement issue for Dave Massimi; will have to locate the offender.
Jack Gouldsbury asked why the pedestrian walk signs were not out; Supervisor Gallagher said that they need repair and parts are needed and further discussion about the placement needs take place.
Supervisor Gallagher stated that on June 14, 2007 there will be an informational session here at the Community Center at 7:00 p.m. with DOT discussing the bridge closure; all residents should attend.
Jack Gouldsbury asked if there was anything new on widening James Street on the hill above Parkcrest; Supervisor Gallagher said no, it’s idling".
AUDIT OF BILLS:
GENERAL FUND VOUCHER’S #415-475 TOTALING $24,867.34
HIGHWAY FUND " #116-131 " 6,156.89
SEWER FUND " # 79-88 " 4,091.20
WATER FUND " # 81-91 " 6,336.39
A motion was made by Councilman McDonough to pay the bills; seconded by Councilman Cluen. Roll Vote: 5Yeses.
A motion was made by Councilman McDonough to adjourn at 10:10 p.m.; seconded by Councilman Cluen. Roll Vote: 5 Yeses.
DATES TO REMEMBER:
Fri., May 11th, 2nd Annual Charity Golf Tournament, Rondout Country Club
Sat., May 12th, 1:00 p.m. Public Informational Session of High Falls Water District at the High Falls Firehouse
Tues., May 15th, 5:00-7:30 p.m., Tillson Boy Scout Troop 177, 3rd Annual Spaghetti Dinner to Go, Tillson Firehouse, Adults $6, Seniors $5
Wed., May 16th, Rosendale Chamber of Commerce’s 10th Anniversary Dinner, Gina Marie’s Timeless Sweets, free to member, $15 non-members
Fri., May 18th, 8:30 p.m. registration, Rondout Watershed Council Watershed Training, SUNY/Ulster
Sun., May 20th, 10:00 a.m. to 4:00 p.m., 3rd Annual Rosendale Car Show, Recreation Center
Mon., May 28th, Memorial Day Holiday, TOWN OFFICES CLOSED
8. Thurs., June 14th, 7:00 p.m. Public Informational Session on Route 32 Bridge
Rehab
Respectfully submitted,
Joan S. Jordan
Town Clerk
TOWN OF ROSENDALE
TOWN BOARD MEETING
JUNE 13, 2007
The meeting was called to order by Supervisor Gallagher at 7:30 p.m. at the Rosendale Community Center with the Pledge to the Flag.
PRESENT: Councilman Kenneth Hassett
Councilman Patrick McDonough
Councilwoman Manna Jo Greene ( arrived at 7:45 p.m.)
Councilman Kenneth Cluen
Supervisor Robert Gallagher
ALSO PRESENT: Billy Liggan, John Maylie, Fred Greitzer, Deb Tierney and several residents.
PETITIONS: No petitions were presented. Fred Greitzer commented that Creek Locks Road appeared to have been fixed where it had washed out in March.
COMMUNITY EVENTS:
Willow Kiln Marketplace, Saturday’s at Willow Kiln Park now until fall.
Rosendale Farmer’s Market, Sunday’s at Rosendale Recreation Center, 9:00 – 3:00
MINUTES OF PRIOR MEETINGS:
A motion was made by Councilman Hassett to accept the minutes of the May 9, 2007 Town Board Meeting; seconded by Councilman McDonough. Roll Vote: 4 Yes, 1 Absent.
COMMITTEE REPORTS: Councilman Hassett reported that the minutes of the ZBA, Recreation Commission and Building Inspector reports are on file with the Town Clerk.
Councilman Hassett stated that the new Recreation Center sign is making progress, though slowly; he also reported that the receipt total from the Building Dept. was $4,560.00 for May.
Councilman McDonough reported that the Planning Board and Police Commission minutes are on file with the Town Clerk.
Councilman Cluen reported the reports for April and May of the Court are on file. The Youth Commission minutes are on file; sign ups for summer camp have opened up beyond Town residents; the Car Show benefiting the Youth Program raised between $3,000 and $4,000. Councilman Cluen reported that Environmental just keeps "rolling along".
Supervisor Gallagher reported that the Transfer Station had net receipts for May were $3,589.00; the bid for purchase of scrap metal was awarded to Bijeaux Transport who already removed 2 loads netting just under $5,000 with another load being prepared.
SUPERVISOR’S FINANCIAL REPORT: Supervisor Gallagher read the end balances for May 2007. The report is on file in the Town Clerk’s Office
CORRESPONDENCE: On file.
APPOINTMENTS, RESIGNATIONS: Resignations: Julie Marchese, Dog Control Officer; Corey Kilfoyle, P/T Police Officer; Joseph Trapanese, F/T Police Officer.
A motion was made by Councilman McDonough to accept the aforementioned resignations; seconded by Councilman Hassett. Roll Vote: 4 Yes, 1 Absent.
Appointments: Joseph Trapanese, P/T Police Officer; Jason Wurtz, P/T Police Officer; Derek Czaplicki, P/T Police Officer; Kelly McColgan, High Falls Water District Commission, Rosendale Representative.
A motion was made by Councilman Hassett to appoint the aforementioned appointees; seconded by Councilman McDonough. Roll Vote: 4 Yes, 1 Absent.
1. RESOLUTION 6-2007-#2 Lifebridge Foundation Agreement.
This resolution is to authorize the Supervisor to sign agreement to accept a grant for $15,000.00 from Lifebridge Foundation for maintaining the Rosendale Pool.
A motion was presented by Supervisor Gallagher; seconded by Councilman McDonough to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Absent
Councilman Cluen Yes
Supervisor Gallagher Yes
2. RESOLUTION 6-2007-#3 Authorizing Services in Connection with Creek Locks Road Property. Authorize the Supervisor to seek out and obtain the services of companies and/or individuals with professional expertise to assist in the transfer of a portion of the aforementioned property to the Rosendale Sewer District.
A motion was made by Supervisor Gallagher and seconded by Councilman Cluen to adopt the aforementioned resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
3. RESOLUTION 6-2007-#4 Adopting the Comprehensive Plan.
A motion was made by Supervisor Gallagher to adopt the Town of Rosendale Comprehensive Plan; seconded by Councilmen Hassett, McDonough, Cluen and Councilwoman Greene. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
Following the adoption of the resolution a short discussion took place about the direction that should be taken in implementing the Plan and follow-up review of zoning for consistency.
Councilwoman Greene noted that the next step is to have Peter Fairweather remove the word "draft" from the document.
4. RESOLUTION 6-2007-#5 Business Class Service Agreement with Time Warner Cable. The agreement is for the High Falls Water District for the installation of Roadrunner service.
A motion was presented by Supervisor Gallagher to adopt the resolution; seconded by Councilman McDonough. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
A short discussion followed about the operation of the High Falls Water District. Councilman Cluen stated once the District is turned over and is rolling, it should be self-sustaining with the additional income from the tower rental of $30,000.00 (the whole budget is $128,000). Supervisor Gallagher mentioned that the Town is looking at the Snyder Kiln property in Tillson Estates for possible cell tower placement in Rosendale. Councilwoman Greene asked about so many fire hydrants on Canal Road in High Falls; she was told they are placed about every 150 feet as per federal guidelines; Councilman Hassett interjected that it’s "doggie heaven".
5. POLICE PURCHASES: The Police Dept. has made a request to purchase 11 new Gock pistols from the grant money they received from NY State Senator Bonacic. Three price quotes were obtained; the chosen dealer is Collector Rifle & Ammo of Hopewell Junction, NY for a total cost of $4,840.00. Councilman McDonough inquired as to what the police do with their old weapons; Supervisor Gallagher said they trade them in.
A motion to authorize the Police Chief to purchase the new weapons as outlined in proposal from Collector Rifle & Ammo for $4,840.00; seconded by Councilwoman Greene.
Brian Goldberger, an attorney who has represented the Town in Police matters, asked to speak with the Board before they voted; he referred to specific language in the contract that could set a precedent.
Councilman McDonough withdrew his motion and tabled the motion until they hear from counsel on clarification of the contract.
6. DISCUSSION: Noise Complaint: A letter of complaint was received from a Maple Hill resident related to noise coming from Usheco Inc and Saunex. The letter was turned over to David Massimi, Code Enforcement Officer, for investigation and remediation.
7. STREET FESTIVAL SITE PLAN: A short discussion took place covering the material in the site plan.
A motion was presented by Councilman Hassett to accept the site plan as presented; seconded by Councilwoman Greene. Roll Vote: 5 Yeses.
COMMENTS FOR THE GOOD OF ROSENDALE:
Councilwoman Greene reminded everyone about the informational meeting on Thurs., June 14th at 7:00 p.m. related to the Route 32 Bridge Rehab.
Mon., June 25th at Rondout Valley High School there will be a "Green Pay Back Forum" which will have experts coming to explain about going "green" for renovations to the school which will come up for a referendum in the fall.
Tues., June 26th the Rondout Creek Watershed Council will be meeting; they are planning another "stream monitoring" on July 7th.
Billy Liggan mentioned that according to a Times Herald Record article, the Town of Thompson has a litter ordinance which deals with Verizon phonebooks; can’t we do something. The Town Clerk will contact the Town of Thompson and get the material for reference.
EXECUTIVE SESSION:
A motion was made by Supervisor Gallagher to go into Executive Session at 8:25 p.m. to discuss particular employment issues of the Police Dept.; seconded by Councilwoman Greene. Roll Vote: 5 Yeses.
Out of Executive Session at 10:15 p.m., no decisions made, no votes taken.
AUDIT OF BILLS;
GENERAL FUND VOUCHER’S #573-619 TOTALING $12,682.47
HIGHWAY FUND " #149-154 " $ 2,345.53
SEWER FUND " # 89-110 " $ 4,793.18
WATER FUND " # 92-116 " $ 5,755.56
A motion was made by Councilwoman Greene to pay the bills; seconded by Councilman McDonough. Roll Vote: 5 Yeses.
A motion was made by Councilman Cluen to adjourn at 10:25 p.m.; seconded by Councilman Hassett. Roll Vote: 5 Yeses.
Respectfully submitted,
Joan S. Jordan
Town Clerk
TOWN OF ROSENDALE
WORKSHOP/TOWN BOARD MEETING
JULY 11, 2007
The meeting was called to order by Supervisor Gallagher at 7:00 p.m. at the Rosendale Community Center with the Pledge to the Flag.
PRESENT: Councilman Kenneth Hassett
Councilman Patrick McDonough
Councilwoman Mann Jo Greene
Councilman Kenneth Cluen
Supervisor Robert Gallagher
ALSO PRESENT: Terry Johnson, W/S Superintendent; Jack Snyder, W/S Commissioner; Jack Walsh, Street Festival Committee; and about 40 residents.
PETITIONS: No petitions were presented.
COMMUNITY EVENTS:
Sat., July 21sst & Sun., July 22nd, Rosendale Street Festival
Wed., August 8th, 7:00 p.m. TOWN BOARD Meeting, No Workshop in Aug.
Every Sat., the Marketplace at Willow Kiln, Willow Kiln Park
Every Sun., Farmer’s Market, Rosendale Recreation Center
MINUTES OF PRIOR MEETINGS: A motion was made by Councilman Hassett to accept the minutes; seconded by Councilwoman Greene. Roll Vote: 5 Yeses.
COMMITTEE REPORTS: Councilman Hassett reported that the minutes of the Recreation Commission and ZBA were on file; Councilman McDonough stated that the minutes of the Planning Board and Police Commission were on file; Councilwoman Greene read from the Transfer Station report; they had net revenue of $5,293.41 for June; she also noted that the Water/Sewer Commission did not have a quorum for their June meeting so there are not minutes. Councilman Cluen stated that the minutes of the Youth Commission and the Court were on file; the High Falls Water District has not met yet therefore no minutes are available.
SUPERVISOR’S FINANCIAL REPORT: Supervisor Gallagher read the end balances and stated that the report is on file.
CORRESPONDENCE: On file at Town Hall for review during business hours.
APPOINTMENTS/RESIGNATIONS: There were no appointments or resignations.
DISCUSSION: Sondra Graff spoke regarding Island View Adult Family Care Home. Ms. Graff stated that she had been informed that the project was no longer going forward and there would be no additional extension given to the application but she wanted to address concerns regarding her perception of a lack of coordination between people issuing permits and adherence to Town Code; this project was being built in an area that has been subject to flooding the past two years. Ms. Graff said she feels that lives and resources would have been jeopardized if this project proceeded. Councilwoman Greene asked Ms. Graff "what are you asking"? Ms. Graff requested that the Town Code be followed; find a way to address compliance issues more deeply. Councilwoman Greene summarized that there were two considerations; (1) issues of construction and (2) emergency personnel have a good plan with adequate equipment. Councilman Hassett clarified that the emergency personnel have adequate equipment but that volunteers don’t consider themselves and just respond so they sometimes don’t bother with all the equipment. Councilwoman Greene interjected that a meeting with NYS DOT will take place on August 6th at the High Falls Bridge on Route 213 to address the problems (apparent increased downstream flooding) that have resulted since the reconstruction of that bridge several years ago.
FJN PROPERTIES: Attorney Michael Moriello, representing FJN Properties, informed the Board that they have received a SEQRA negative declaration and all materials have been delivered to the Ulster County Planning Board. Mr. Moriello stated that under §239m of Town Law the Town Board must do their own referral to the Ulster County Planning Board. Mr. Moriello stated that he will draft a Local Law for review by our attorney, Mary Lou Christiana and he will authorize the waiving of the sixty two (62) day time limit. Councilwoman Greene had questions about the Environmental Assessment Part I (EAS); Mr. Moriello stated that the federal wetland delineation map is unofficial and the wetlands do not appear on the NYS maps; Mr. Moriello stated that the Army Corp of Engineers has approved this since the beginning. Councilwoman Greene said that she would like to check with Mr. Casey; Councilman McDonough asked that she report back to the Board after checking with Mr. Casey.
A motion was presented by Councilman Hassett to forward the application to the Ulster County Planning Board for their review; seconded by Councilman McDonough. Roll Vote: 5 Yeses.
DISCUSSION: Enforcement of Rosendale Code §73-18 Separate Meters. Supervisor Gallagher stated the problem is how do we define a unit? Councilman McDonough said that at the meeting on enforcement many people had questions about it since there was no rate increase for 13 years; a lot in the Code needs to be reviewed before implementing the enforcement. Terry Johnson, Water Superintendent, told the Board, "The money must be found, however you do it". Supervisor Gallagher said that if we can come up with a definition of unit it will help; Councilman Hassett interjected that the definition must stand up to a court challenge; it’s an inequity that needs to be figured out. Councilman McDonough said that no matter what happens the rates will have to go up. Terry Johnson said that the next quarterly bills will go out September 15th, does he have to send out another letter (last quarter a letter went out stating that implementation of minimum charges would begin with the September billing). Supervisor Gallagher stated that we need to "get this fixed and move forward"; Councilman Hassett inquired if the Town Board could offer all their resources (legal, engineers and etc.) to the Water/Sewer Commission to get this resolved; all agreed. Terry Johnson will give Dennis Larios (Brinnier & Larios Engineers) a copy of the Code and get opinion from him. Jack Snyder, W/S Commissioner, said that even if they don’t have a quorum at the next meeting on July 23rd they should continue the discussion to make progress.
DISCUSSION: Bat Removal in Justice Court/Police Building. Ray Krom from the Ulster County Health Department gave a presentation about bats to the audience and Board. He stated that he visited the building on Monday and found a very large bat population, probably 1,000 or more; he also reviewed the proposals for removal and found the prices to be very good and the methods very humane (the bats will not be harmed, they will be relocated). Mr. Krom described how the procedure would be carried out; he also warned that when the bats relocate the neighbors will need to be vigilant that their homes are sealed tight so the bats don’t relocate to their residences. He stated that August is the time to relocate the bats. Councilwoman Greene asked Paul of Pestmaster (one of three proposals for removal) what kinds of bats are these; he responded that they are primarily large brown bats, a few Indiana bats. Chris of A-Pro (the second of three proposals) described the process to be used; both companies used similar methods and would do the same decontamination and sealing; Councilman Hassett noted that since they were offering the same services in was coming down to price. Pestmaster quoted $2,399.99 and A-Pro quoted $2,710.00.
A motion was presented by Councilman McDonough to have Pestmaster do the bat removal work at a cost of $2,399.99; seconded by Councilwoman Greene. Roll Vote: 5 Yeses.
ZONING CHANGE APPLICATION: John McColgan presented a zoning change application for his property in Maple Hill for Town Board acceptance.
A motion was presented by Councilman Hassett to accept the zoning change application; seconded by Councilman Cluen. Roll Vote: 5 Yeses.
DISCUSSION: Stormwater Mapping Schedule. The stormwater mapping for all drainage will be done between August 6th and 24th. Highway personnel are meeting with Ulster County representatives today (July 11th) on procedure.
DISCUSSION: Changing Whiteport Road to Hickory Bush Road. Andy Buboltz, Rosendale 911 Coordinator, has requested that the name of Whiteport Road be changed to Hickory Bush Road in the interest of safety; he said that only 14 residents use the Whiteport Road address. Councilman Hassett suggested that letter contact be made with the residents prior to change; have Andy work with the people. Councilwoman Greene suggested that they have a public meeting with the residents rather than trying to do it one on one. Andy Buboltz will be asked to work on this.
DISCUSSION: Amendment to the Street Festival Site Plan. A request was made to amend the stage time for the shut-down of music to be extended until 10:00 p.m. The matter was discussed with Chief DiBattista on July 5th and did not pose a problem with his department. Councilman McDonough expressed concern about beer being served late; Jack Walsh assured the Board that Street Festival beer booths would close down between 6:00-6:30 p.m. and only the Red Brick Tavern, and the Bywater Café which both have patios would continue to serve (Rosendale Café usually closes early). Councilman Hassett noted that our "open container law" is suspended during the hours between noon and 6:00/6:30 p.m. but will be in effect immediately upon closure of the street beer stands and will be enforced by the Rosendale Police Dept.
A motion was presented by Councilman Hassett to accept the amendment to the Street Festival Site Plan to allow the music to continue until 10:00 p.m.; seconded by Councilman McDonough. Roll Vote: 5 Yeses.
CORRESPONDENCE: NYS Office of Real Property. A letter was received from the Office of Real Property regarding appointed assessors term expiration; the term is for six years and appointment is to be made before September 30th. Councilwoman Greene feels that six years is a long term and we should have the very best person in the position and that it should be competitive. A short discussion followed.
A motion was presented by Councilman McDonough to advertise for the position of Town Assessor; seconded by Councilman Hassett. Roll Vote: 5 Yeses.
DISCUSSION: Route 32 Bridge Rehabilitation. Supervisor Gallagher stated that seven letters had been received commenting on the proposed bridge work. Most of the letters favored a temporary bridge/full replacement. Richard Minisalli presented at petition at this time requesting a temporary bridge and full replacement with a three lane bridge; the petition contains 17 pages plus a letter from Wendy Alexander, Rosendale Library Director. Supervisor Gallagher stated that there is a new regional director at DOT and the old director has moved on to become "head engineer". Councilwoman Greene responded to a question "should they continue to collect signatures"; her response was "yes, we have to play hardball". Members of the audience spoke about various concerns for traffic and detours; Supervisor Gallagher stated that traffic will seek its own routes. Councilman McDonough said that we have asked the State for help with traffic enforcement for which they have agreed.
DISCUSSION: Correspondence from the Environmental Commission regarding their annual report to the Town Board and a request for changing Local Law governing commission terms. A short discussion followed. Supervisor Gallagher and Councilman
McDonough said that a resolution is needed to hold a public hearing in September.
RESOLUTION: 7-2007-#1 – Supporting the United Nations Millennium Development Goals. Councilmen Hassett and McDonough stated that they attended the Rosendale Library dedication of books soon to be available for loan. The Lifebridge Foundation holds monthly discussions on the topics; they are about half way through the agenda; they can be accessed on their web site. Councilman Hassett noted that soon they will be linked through the Town web site.
A motion was presented by Supervisor Gallagher to adopt the resolution; seconded by Councilmen Hassett and McDonough. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION: 7-2007-#2 – New York State Property Taxpayer Protection Act.
This resolution is supporting Assembly Bill 8775 putting forth new and innovative ideas for property tax reform. The Town Clerk is to forward copies to Gov. Spitzer, Senator Bruno, Senator Bonacic, Speaker Sheldon and Assemblyman Cahill asking for their support in passage of this measure.
A motion was presented by Supervisor Gallagher to adopt the resolution; seconded by Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION: 7-2007-#3 – Accept Public Bids for Equipment. The Rosendale Town Board sought bids for surplus items through Auctions International an online auction service; bids closed on July 9, 2007 resulting in a recommendation from Highway Superintendent Carl Hornbeck that the high bids be accepted.
A motion was presented by Supervisor Gallagher to adopt the resolution; seconded by Councilman Cluen. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION: 7-2007-#4 – To Call a Public Hearing on Placing Antennas on the High Falls Water District Storage Tank. The resolution calls for a public hearing to be scheduled for August 8, 2007 at 7:00 p.m. at the Rosendale Community Center in conjunction with the regular Town Board Meeting.
A motion was presented by Supervisor Gallagher to adopt the resolution; seconded by Councilman Cluen. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
COMMENTS FOR THE GOOD OF ROSENDALE:
Jack Snyder stated that UCAT (Ulster County Area Transportation) would not drop off a couple of handicapped people on James Street; the driver told him that he could not come down James Street; the people had to get off at St. Peter’s parking lot and walk down the block. Supervisor Gallagher and Councilman McDonough said they would look into the situation directly with UCAT director.
Noelle Damon, Julienne Pape, Beverly Neilson, Morka Myendorf, Lisa Resnick and Bill Danon all members of "Friends of Williams Lake" asked to speak about their concerns about the sale of Williams Lake (a private facility) to Canopy Development for development as a private, upscale, gated resort. They asked that the Board be vigilant of all that goes on; they have heard some horrible rumors. They want the processes to open and transparent with hearings all along the way not when decisions have been made and plans set.
Diedre McCluskey reminded all that this is a private property and that nothing is being done at the moment; don’t jump the gun.
Councilwoman Greene said there would be a long pre-submission prior to the shurette for public input; she also stated that 400 of the 700 acres are designated under a nature conservancy so she has few concerns about environmental issues, the real issues will be for Canopy to work with the community which is used to access to those resources.
AUDIT OF BILLS:
GENERAL FUND VOUCHER’S #620-724 TOTALING $56,029.42
HIGHWAY FUND " #155-181 " $15,532.27
SEWER FUND " #111-130 " $ 5,098.13
WATER FUND " #117-135 " $ 5,261.75
VAN FUND " #1 " $ 485.20
A motion was made by Councilman McDonough to pay the bills; seconded by Councilman Hassett. Roll Vote: 5 Yeses.
A motion to adjourn was made by Councilman Hassett at 9:55 p.m.; seconded by Councilwoman Greene. Roll Vote: 5 Yeses.
Respectfully submitted,
Joan S. Jordan
Town Clerk
TOWN OF ROSENDALE TOWN BOARD
WORKSHOP/TOWN BOARD MEETING DRAFT
PUBLIC HEARING HIGH FALLS WATER ATENNAS
AUGUST 8, 2007
The meeting was called to order by Supervisor Gallagher at 7:00 p.m. at the Rosendale Community Center with the Pledge to the Flag.
PRESENT: Councilman Kenneth Hassett (arrived at 7:10 departed at 7:50 pm)
Councilman Patrick McDonough
Councilwoman Manna Jo Greene
Councilman Kenneth Cluen
Supervisor Robert Gallagher
ALSO PRESENT: Tom Fiore, Bldg. Insp.; Fred Greitzer, Billy Liggan, Randi Morf, Planning Board members; John Maylie, ZBA; Joan Maylie, RCCE; Deb Tierney, Cable Commission; and about 12 residents.
1. & 13.) Supervisor Gallagher opened the public hearing on "placing antennas on the High Falls Water District storage tank"; the Town Clerk read the notice of public hearing.
John Maylie stated that he is in favor of the antennas being placed on the tank.
Nate Rand stated that he is an owner of property in the district but resides outside the district; he is in favor of the antennas but has some concerns. He said that his concerns are that we are making a financial commitment before we own the district and that the water commissioners are not making the decisions; Supervisor Gallagher and Councilman McDonough tried to explain that the commissioners are responsible for the operation of the district and the two Town Boards are responsible for the financial operation and this is financial, therefore our responsibility. Several other people spoke about other issues pertaining to the completion of the water project; incomplete shoulders on the roads, claims of property damage that has not been repaired and general lack of response to issues by Conti Construction and the EPA.
A discussion followed; it was decided that Supervisor Gallagher will call Sal Badalimenti, EPA, tomorrow and find out what is going on and where the construction/repair "punch list" stands; we will not take over until everything is complete.
Mr. Rand also expressed concern about the wording in the lease/resolution.
Councilman McDonough suggested some changes could be made to the wording of the lease/resolution but should be reviewed before a decision is made.
Councilman Hassett suggested that adoption of the resolution, item #13, but tabled until reviewed, until the September 5th meeting; the public hearing would be held open until that time.
A motion by Supervisor Gallagher to table the High Falls Water District resolution and continue the public hearing until September 5, 2007; seconded by Councilman Hassett. Roll Vote: 5 Yeses.
PETITIONS: No petitions were presented.
COMMUNITY EVENTS:
Sat., August 11th, 9:00 a.m. Rosendale Plains Run, 4.4 mile loop through Rosendale and Rosendale Plains, proceeds to benefit the playground fund.
Sun., August 12th, 5-7p.m., Concert at Willow Kiln Park, Breakaway.
Sun., August 19th, 5-7p.m., Concert at Willow Kiln Park, Mr. Rusty
Sun., August 26th, 5-7p.m., Concert at Willow Kiln Park, Cecilia St. King.
Mon., Sept. 3rd, Labor Day Holiday, TOWN OFFICES CLOSED
Thurs., Sept. 6th, 5-9 p.m., Library Budget Vote & Trustee Election, at Rosendale Library.
Saturdays, The Marketplace at Willow Kiln, Willow Kiln Park.
Sundays, 9 a.m. to 2 p.m., Farmer’s Market, Recreation Center.
MINUTES OF PRIOR MEETINGS:
A motion was made by Councilman Hassett to accept the minutes of the July 11th and July 26th meetings; seconded by Councilman McDonough. Roll Vote: 5 Yeses.
COMMITTEE REPORTS:
Councilman Hassett reported that the minutes of the Recreation Commission, ZBA and the Building Inspector Report are on file with the Town Clerk.
Councilman McDonough stated that the minutes of the Police Commission and the Planning Board are on file.
Councilman Cluen said that the minutes of the Youth Commission and Justice report are on file.
Councilwoman Greene reported that she does not have the minutes of the Water/Sewer Commission as yet and there is no Transfer Stations report.
SUPERVISOR’S FINANCIAL REPORT: Supervisor Gallagher read the end balances for July 2007 and said the report is on file with the Town Clerk.
APPOINTMENTS/RESIGNATIONS: Supervisor Gallagher reported that we have two resignations and two appointments; he would like to cover both with the same motion.
Resignations are Nicole Moschen, rec aide; Joseph Trapanese, police officer. Appointments are Tara Burke, rec aide @ $9.50/hr.; Edward Hintz, Jr., dog control officer @$11.00/hr. Councilman McDonough stated that Officer Trapanese is an outstanding police officer and will be sorely missed.
A motion was made by Supervisor Gallagher to accept the resignations of Nicole Moschen and Joseph Trapanese and appoint Tara Burke and Edward Hintz, Jr.; seconded by Councilman Cluen. Roll Vote: 5 Yeses.
2.) DISCUSSION: FJN Application for Zoning Change. Michael Moriello, attorney for applicant, updated the Board on the application. Mr. Moriello referenced the Referral Response from the Ulster County Planning Board; their required modifications recommend that an I-1 rezoning be made rather than the B-1 which has been proposed.
Mr. Moriello addressed several reasons that this recommendation should be overturned: *1) I-1 permits "adult business", "laundry, cleaning & garment services", "manufacturing uses", and "mining/quarrying" which would appear to be inappropriate with respect to the Town Comprehensive Plan within the area of the project site. 2) Extensive address of potential environmental impacts of this project which resulted in a SEQRA Negative Declaration, would be more compromised by changing to an I-1. Fred Greitzer of the Rosendale Planning Board recommended overruling the County not by a majority but "unanimously" citing that I-1 would allow adult uses in a "gateway" district as defined in our Comprehensive Plan, this is not acceptable; exclusion of adult uses could become a constitutional issue; Mr. Moriello agreed with Mr. Greitzer. Councilman Hassett stated that he does not appreciate Ulster County putting us in a situation for legal challenge; he is "appalled".
Councilwoman Greene stated that her vote is to overrule the County recommendation; she is not in favor of the rezoning.
A motion was made by Supervisor Gallagher to overrule the Ulster County Planning Board recommendation of rezoning to an I-1 rather than the proposed B-1 for reasons stated by Mr. Moriello* and as a "gateway" to Town as set forth in the Town Comprehensive Plan; seconded by Councilman Hassett.
Roll Vote: 5 Yeses.
Councilman Hassett left the meeting at 7:55 p.m.
3.) SPEAKER: Al Wegener of the Shawangunk Partnership gave an update on the activities of the Regional Open Space Plan; maps are being done, byways are being designated and interactive signage is being put in place. A web site and presentations to show visitors reasons to come to the area are forth coming; we have to apply now for funding in the future (2009). Intermunicipal agreements add more formal strength to the Partnership which is favorable for funding; the fact that eleven (11) communities have come together is unheard of.
John Maylie asked when will the list of desirous ………….to collect comments from the public be available; Mr. Wegener responded, late fall; it’s up to each town not the group.
Joan Maylie asked who designates roads as byways and can they be made safe (she gave the example of Route 213 in Rosendale being very windy and no shoulders); Mr. Wegener stated that being designated a scenic byway puts it in prime line for funding.
4.) RESOLUTION 8-2007-#1 To Authorize the Intermunicipal Agreement for the Shawangunk Mountains Regional Partnership. The resolution authorizes the Supervisor to execute the intermuniciapl agreement establishing the Shawangunk Mountains Regional Partnership.
A motion was presented by Supervisor Gallagher to adopt the resolution; seconded by Councilman McDonough and Councilwoman Greene. Roll Vote:
Councilman Hassett Absent
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
5.) DISCUSSION: Modular Offices. Supervisor Gallagher stated that the Town Board is looking into purchasing a modular office to house the Assessor’s Office, Building Inspector, Fire Marshal and Code Enforcement which would be placed on the existing slab on Creek Locks Road. Councilman McDonough said that this would be temporary, until we know what will be done permanently with the property; he said that this could be cheaper than the current rental for the Assessor’s Office; could possibly consolidate all Town Offices in one place for efficiency. Supervisor Gallagher said that he is waiting to obtain more information from attorney, Mary Lou Christiana, as to procedure. A number of questions were asked about whether the company would buy back the building; Supervisor Gallagher replied they would; also whether the Town would sell the current Town Hall; Supervisor Gallagher replied "yes" if all the offices could be moved together.
Rich Minissalli stated there were problems when the Police Dept. left Main Street; he asked if there is any way to prevent the appearance of a "ghost town" if Town Hall leaves Main Street, even on a temporary basis. Supervisor Gallagher stated that there are no other spaces available on Main Street that could house all the departments without renting multiple units, just like we have now. Councilwoman Greene empathized that we must also look at the operating costs, they are always the hidden costs; check the history if the building is a used unit. Supervisor Gallagher stated that we will have to draw up specifications for use and Councilman McDonough said we will also look at different sized units. Tom Fiore stated he favors putting all departments in one location; he stated that no matter who uses the building, it must meet federal energy guidelines.
Joan Maylie asked if the Tillson Schoool was off the table; Supervisor responded that everything must be at full market value therefore making it unaffordable. Councilwoman Greene asked about the sale ability of Town Hall; Supervisor Gallagher said that it was estimated at $349,000 two years ago.
6.) DISCUSSION: NYS Dept. of Transportation desires to place an additional park and ride in the Town of Rosendale; the D. Scott Bey property in the Rosendale Heights area is desired location; the actual area is between the end of the main building and the storage units. Rich Minissali asked how we managed to leverage a parking lot and not a new bridge, couldn’t we have our needs paralleled. Supervisor Gallagher stated that the bridge is a different department; there are five (5) different entities.
Joan Maylie asked if the Fann’s water situation was being addressed on both projects; the reply was yes.
A motion was proposed by Supervisor Gallagher to start the process for the park and ride; seconded by Councilwoman Greene. Roll Vote: 4 Yeses, 1 Absent.
7.) DISCUSSION: Mountain Road Water District Property. A proposal has been received from the Mohonk Preserve, Inc. for the purchase of land on Mountain Road belonging to the Rosendale Water District; Supervisor Gallagher stated that we can’t go into this directly it must go out to bid. The offer of $250,000 would offset the cost of refurbishing the Brown Avenue tank; after next year the Water District would have no debt. John Maylie stated that the Town should never give up control of……………………………. management to anyone.
A motion was made by Councilman McDonough to place the proposal in the hands of Town Attorney to determine procedure; seconded by Councilman Cluen. Roll Vote: 4 Yeses, 1 Absent.
8.) DISCUSSION: Iron Mountain Land Donation. Supervisor Gallagher stated that our application for subdivision of the land will go before the Rosendale Planning Board at their September 12th meeting for twelve (12)) acres and a pond; if approved the transfer will be made. Councilwoman Greene stated that she is concerned about the condition of the dam; Supervisor Gallagher said that will be the first thing to be addressed. Someone asked if when the Town owns the property will it be an "open swimming hole"; Supervisor Gallagher said "if you want to swim next to the salt shed".
9.) RESOLUTION: 8-2007-#2 Opposing Article X of the Public Service Law. Discussion took place both in favor and against support of Article; Councilwoman Greene stated that the down side of no Article X is that power plants are subject to SEQRA (fossil fuel plants). She feels there is manufactured opposition to wind farmers and doesn’t think we should be without Article X.
Joan Maylie said she has no objections to the look of wind farms; her concern is noise and the danger to birds and bats being drawn into them and being killed.
Councilman McDonough stated that he doesn’t want to discourage clean energy but excluding local input is scary; Supervisor Gallagher said that four (4) years ago we voted in favor of home rule, the principle of Article X addresses home rule.
A motion was made by Councilman McDonough to amend the resolution as written prior to adoption; seconded by Supervisor Gallagher. Roll Vote: 4 Yeses, 1 Absent.
The change in the resolution was: paragraph 5 from "Now, therefore, be it resolved, that the Town Board of the Town of Rosendale is opposed to any inclusion of the siting of windmills in Article X of the Public Service Law as it removes local control of our landscape and violates the principles of Home Rule that has been the guiding force of our state," changed to read "Now, therefore, be it resolved, that the Town Board of the Town of Rosendale is opposed to any inclusion in Article X of the Public Service Law which removes local control of our landscape and violates the principles of Home Rule that has been the guiding force of our state,".
A motion was made to adopt the resolution as amended; seconded by Councilman McDonough. Roll Vote:
Councilman Hassett Absent
Councilman McDonough Yes
Councilwoman Greene Abstained
Councilman Cluen Yes
Supervisor Gallagher Yes
10.) DISCUSSION: Waiving Planning Board Fees for Reapplication of Ulster County Co-housing. Billy Liggan, Planning Board Chairman, asked if reapplication fees could be waived for Ulster County Co-housing since the 62 day clock was "ticking" and no one realized it; it doesn’t seem fair. Fred Greitzer of the Planning Board said we need our attorney to determine is a second public hearing is needed. A short discussion followed.
A motion was made by Councilman Cluen to waive any future application fees for Ulster County Co-housing as their application was recently dismissed without prejudice; seconded by Councilman McDonough. Roll Vote: 4 Yeses, 1 Absent.
11.) RESOLUTION 8-2007-#3 Encumbrance Deadline. The deadline was set for September 14, 2007.
A motion to adopt the resolution was made by Supervisor Gallagher; seconded by Councilman Cluen. Roll Vote:
Councilman Hassett Absent
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
12.) DISCUSSION: Financial Audit. Supervisor Gallagher noted that a letter had been received from the Unified Court System regarding annual audits of court records and dockets and his desire to have an audit conducted prior to his departure on December 31, 2007. A short discussion followed.
A motion was made by Supervisor Gallagher to go out to bid for the services of an independent auditor for audit of the general fund and the justices accounts; seconded by Councilman McDonough. Roll Vote: 4 Yeses, 1 Absent.
14.) DISCUSSION: Correspondence from the Water/Sewer Commission requesting a letter of clarification be written and sent to customers explaining the reason for the delay in implementing §78-13 of the Town Code; the reason being the need for a clear definition of what constitutes a "unit".
A motion was made by Councilwoman Greene that the Supervisor write a letter to Water/Sewer customers explaining deferral of implementation of §78-13 of Town Code until definition of "unit" is made clear; seconded by Councilman McDonough. Roll Vote: 4 Yeses, 1 Absent.
COMMENTS FOR THE GOOD OF ROSENDALE:
John Maylie commented that a fact finding meeting was held on July 31st related to flooding on the Rondout Creek. The flooding started at the Rondout Reservoir because it has no capability to release water in an emergency. Councilman McDonough stated that a coalition is to form with Dept. of Environmental Protection to start a process like on the Esopus Creek to remediate flooding. The problem is from the Lawrenceville Bridge downstream; Supervisor Gallagher said this is an uphill battle since New York City was just granted an additional deferral of 10 years on filtration; this is to control turbidity.
Billy Liggan thanked everyone for another successful Street Festival; they project a $5,000 profit and will be repaying the Town. Special thanks to Supervisor Bob Gallagher and Alan Lomita. Supervisor Gallagher commented that the Festival came off very well and it was all done by volunteers.
Sue Diamond stated that she was surprised that the motion to accept the application for a zoning change from John McColgan in last month’s minutes; she questioned why it was done after the Article 78 injunction that was handed down previously. Supervisor Gallagher said that this was just an application, nothing more, and it is a totally different application and includes 3 other property owners and at this point the application is incomplete. She asked who the other parties were: response was Quick & Klepeis in addition to McColgan and Klepeis is supporting the change from residential to commercial use.
AUDIT OF BILLS:
GENERAL FUND VOUCHER’S #725-822 TOTALING $49,067.08
HIGHWAY FUND " #183-210 " $19,325.53
SEWER FUND " #131-142 " $ 4,998.59
WATER FUND " #136-152 " $ 9,914.22
A motion was made by Councilwoman Greene to pay bills; seconded by Councilman McDonough. Roll Vote: 4 Yeses, 1 Absent.
A motion was made by Councilwoman Greene to adjourn at 10:10 p.m.; seconded by Councilman Cluen. Roll Vote: 4 Yeses, 1 Absent.
Respectfully submitted,
Joan S. Jordan
Town Clerk
TOWN OF ROSENDALE DRAFT
TOWN BOARD MEETING
SEPTEMBER 12, 2007
The meeting was called to order by Deputy Supervisor Perry Soule at 7:36 p.m. at the Rosendale Community Center with the Pledge to the Flag.
PRESENT: Councilman Kenneth Hassett
Councilman Patrick McDonough
Councilwoman Manna Jo Greene
Councilman Kenneth Cluen
ABSENT: Supervisor Robert Gallagher
ALSO PRESENT: Joan Maylie, RCCE; John Maylie, ZBA; Billy Liggan, Fred Greitzer, Planning Board; Jack Snyder, W/S Comm.; Paul Alley, Pestmaster; Eileen Comasso, Michael Redmond, RVHS Project; and about 8 residents.
PETITIONS: No petitions were presented.
COMMUNITY EVENTS: Billy Liggan reminded everyone that the 1st Annual Strongman Competition will take place on Saturday, September 15th at the Community Center.
MINUTES OF PRIOR MEETINGS: A motion was made by Councilman Hassett to accept the minutes of the August 8th Town Board Meeting; seconded by Councilman McDonough. Roll Vote: 4 Yes, 1 Absent.
COMMITTEE REPORTS: Councilman Hassett stated that the August minutes of the ZBA, Recreation Commission and Building Inspector are on file at Town Hall; commented that the new Community Center sign is up but still needs some additional work. Councilman Hassett informed the Board that he and Supervisor Gallagher met two weeks ago with Kingston Mayor Sottile about the possibility of sharing their sludge drying process; it can be done but at present transportation of the sludge would be an issue. The Sewer Dept. currently spends $15,000 to $17,000 per year for sludge removal; with this option we could bring back processed fertilizer which could be used by the Town; he hopes to have more information by next month.
Councilman McDonough reported that the minutes of the Planning Board are on file at Town Hall. He asked the Town Clerk when minutes must be available; the response was that they must be available two weeks after the meeting (they can be in "draft", meaning not accepted by their board); agendas do not have to be posted, they are a courtesy. Councilman McDonough noted that the Justice Court report is on file; he further mentioned that the Court is having a back log problem with traffic tickets and would like to consider appointing a special prosecutor (contract with someone) for traffic tickets. Deputy Supervisor Soule said he believes the Town of Wawarsing does this; Councilman McDonough will have more information next month.
Councilman Cluen stated that he had no reports for August for Youth or High Falls Water; it was noted that the new High Falls Water District is coming along well.
Councilwoman Greene reported that Rosendale W/S is beginning to define "unit" (§73-18 of Rosendale Code) and are hoping to have clarification by the end of the year so they can start fresh in the New Year. They are looking at "unit" as meaning having a separate kitchen and bath. Councilwoman Greene stated that she had no report from the Transfer Station but they are always in the "black". She also wanted to make residents aware of Middle Class Star rebate on school taxes which will be sent to home owners who are enrolled in Basic Star sometime in the next week, you have to file to obtain the rebate.
SUPERVISOR’S FINANCIAL REPORT: Deputy Supervisor Soule read the end balances for August and stated that the report is on file at Town Hall.
CORRESPONDENCE: On file at Town Hall, Monday through Friday, 9-4.
APPOINTMENTS/RESIGNATIONS: Deputy Supervisor Soule stated the following resignations have been received: Joan Maylie as Environmental Chairman; Gina McGhee, recreation aide; Corey Brainard, Youth Commission; Jason Wurtz, police officer.
A motion was made by Councilman Hassett to accept the resignations of Joan Maylie (with extreme thanks), Gina McGhee, Corey Brainard and Jason Wurtz; seconded by Councilwoman Greene.
Roll Vote: 4 Yes, 1 Absent.
A motion was made by Councilman Hassett to appoint Corey Brainard as Recreation Aide at $7.50 p/h; seconded by Councilman McDonough. Roll Vote: 4 Yes, 1 Absent.
A discussion took place regarding the appointment of a Chairman for the Environmental Commission; the Commission recommended Nick Mercurio but it had also been mentioned that Deb Horowitz be considered. Joan Maylie announced that the Commission had voted for Nick and that Deb had told them she could not do the job at this time due to family commitments. Joan said that Nick was already doing the budget and other work and should be appointed.
A motion was made by Councilman McDonough to appoint Nick Mercurio as Chairman of the Rosendale Environmental Commission; seconded by Councilwoman Greene. Roll Vote: 4 Yes, 1 Absent.
Fred Greitzer asked that clarification of Nick’s position be made since he is an alternate member of the Planning Board and from time to time the Planning Board refers applications for review by the Environmental Commission. Joan Maylie said this has already been clarified but Board said that would check again due to his being chairman.
SPEAKER: Eileen Comasso and Michael Redmond spoke on behalf of the Rondout Valley High School Capital Project. Ms. Comasso said that Rondout High School opened in 1960 and had two additions added in the 1990’s; all the original plumbing, heating, lockers, windows and gym are in still in use; these all need replacing. There will be a two part vote on October 2, 2007 to authorize expending money for the necessary repairs and to add classrooms/labs/music room to the existing campus. Proposition #1 is for Infrastructure and Site Planning which would total $21,155,000 of which the State would pick up 70% of the cost and local taxpayers would bond the remaining 30% over 15 years; Proposition #2 is for the Educational portion which totals $33,365,000. Proposition #1 must pass in order to have Proposition #2 qualify for the State funding. An informational session will be held at the High School on September 25th from 6-9:30 p.m. Councilwoman Greene empathized that if there is a "no" vote for Proposition #1 this time the cost will only go up and could be $33 million in 1-2 years; she encourages voting "yes" and said that going green will pay for itself over the fifteen years and into the future.
DISCUSSION: Pestmaster Service. Paul Alley, came to explain what has been done to remediate the bat situation at the Police/Court building and to ask that the Board consider paying an additional $525.00 for measures taken to prevent the re-entry of bats to the premises (a chimney cap and removal of an additional 1000 sq. ft. of guano). He stated that the mortar is disintegrating and bricks can be pulled out; he also said that 25%-30% of the insulation that was laid over the guano was unsalvageable, his recommendation was hire a mason to "point up" the bricks and re-insulating that portion of the attic. Councilwoman Greene said that she would favor removing all the insulation and having blown cellulose treated with boric acid which would deter all infestations. Mr. Alley said that he is ready to seal up but would leave the bat doors up until the Board has determined a solution (they don’t go the ladders after November).
A motion was made by Councilman Hassett to pay the additional $525.00 for the chimney cap and removal of additional guano; seconded by Councilman Cluen. Roll Vote: 4 Yes, 1 Absent.
RESOLUTION – 9-2007#4 Budgetary Transfers:
GENERAL FUND:
$2,987.91 FROM Central Communications (A1650.4) into Unallocated Ins.(A1910.4).
$386.47 from Schools of Instruction (A3660.4) into Fire Marshal C.E. (A3010.4).
$19.40 from Safety C.E. (A3620.4) into Safety Eq. (A3620.4).
$125.00 from Schools of Instruction (A3660.4) into Superintendent of Hwy. C.E. (A5010.4).
$4,000.00 from Playgrounds P.S. (A7140.1) into Pool P.S. (A7150.1).
$5,000.00 from Playground C.E. (A7140.4) into Pool P.S. (A71501).
$4,000.00 from Pool C.E. (A71504) into Pool P.S. (A7150.1).
$3,429.74 from Contingency (A1990.4) into Pool P.S. (A7150.1).
$1,000.89 from Youth/Summer Camp C.E. (A7320.4) into Youth/Summer Camp P.S. (A7320.1).
$600.00 from Home Relief (A6140.4) into Publicity (A6410.4).
HIGHWAY FUND:
$1,842.09 FROM Snow Removal C.E. (DA5142.4) into Brush & Weeds P.S. (DA 5140.1).
SEWER FUND:
1. $0.74 from Unemployment Ins. (SS9050.8) into Interest on Debt (SS9710.7).
A motion was made by Councilwoman Greene to authorize the budgetary transfers; seconded by Councilman McDonough. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Absent
DISCUSSION- Local Update of Census Addresses Program Participation: Deputy Supervisor Soule advised the Board to read and review the material in their folders.
DISCUSSION – Creek Locks Road Site: A letter, dated September 7, 2007, from Shayne Gallo, Esq., regarding placing an interim Town Hall on the Creek Locks site; he advised that the only has to obtain a building permit from the Building Inspector; this is a permitted use therefore it is exempt from Planning Board approval and probably does not have to comply with SEQRA provision; it is however recommended that the Town submit an Environmental Impact Statement defining the environmental effect upon the property sought to be subdivided. Fred Greitzer requested that a letter be sent to the Planning Board; Councilman Hassett said that would be done when the time is appropriate.
DISCUSSION – PBA Negotiations: A letter was on the Board folders from the NYS Union of Police Associations, Inc. regarding negotiations for a new Police collective bargaining agreement which will commerce on January 1, 2008; it was explained that the current one (1) year contract expires December 31, 2007. Councilman Hassett said that new representatives must be appointed to negotiate the contract; he said that it would be advisable for the two Board members that will remain should be appointed to do this, Councilwoman Greene and Councilman Cluen. Councilwoman Greene hesitated but was assured that Councilman Hassett would make himself available and he said he hopes that Brian Goldberger will continue as legal advisor, he has done a great job to the present. Councilwoman Greene stated that she feels secure living in a community that has their own police force.
Jack Snyder asked to have the Police Commission consider holding their meetings later (usually held at 3:30 p.m.) so that more people might attend and have more in put.
Councilman Cluen asked if we can’t do something about the part-time officers who leave so quickly; Deputy Supervisor Soule said that we don’t pay for the academy (college credits are paid by the students themselves) so it’s not a huge expense (uniforms).
RESOLUTION – 9-2007-#5 - Auditing Services: The Town advertised for proposals for qualified accounting services to perform an audit of multiple funds for fiscal year January 1, 2006 through December 31, 2006 and to perform an audit of the records and dockets of two town justices. Only one proposal was received; Accounting Associates, 357 North Road, Milan, NY 12571.
A motion was made by Councilman Hassett to authorize the Supervisor to obtain the services of Accounting Associates, 357 North Road, Milan, NY 12571 to provide those services; seconded by Councilman McDonough. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Absent
RESOLUTION – 9-2007-#6 – To Hold a Public Hearing to Consider Whether or Not to Enact a Local Law Amending Section 7-3 of Chapter 7 of the Code of the Town of Rosendale. This local law if enacted would readjust and designate the terms of appointment of members of the present Commission for the Conservation of the Environment. Said public hearing would be scheduled for October 3, 2007, 7:30 p.m. at the Rosendale Community Center.
A motion to adopt the resolution for public hearing was made by Councilwoman Greene; seconded by Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Absent
DISCUSSION – First Annual Charles Haas Golf Tournament - Councilman Hassett announced that the tournament was in memory of Charles Haas, a teenage firefighter, who died in 1981 in the line of duty. The tournament, scheduled for Saturday, October 6, 2007, will support a scholarship fund for a local person pursuing a career in firematics. Councilman Hassett proposed that the Town be a sponsor at $150.00.
A motion was made by Councilman Hassett for the Town of Rosendale to be a $150.00 sponsor of the First Annual Charles Haas Golf Tournament; seconded by Councilman Cluen. Roll Vote: 4 Yes, 1 Absent.
COMMENTS FOR THE GOOD OF ROSENDALE:
Fred Greitzer said that regardless of anyone’s faith or lack there of he would wish all a HAPPY NEW YEAR!
Phyllis Noreen noted that the front doors of the Community Center were locked when she came to attend the Workshop meeting; she was told they were not locked but sometimes stick, you must pull hard. She also noted that the website was down; she was told the Town was aware of the problems and was working to correct the problem.
DATES TO REMEMBER:
Tues., Sept. 18th, 12:00 – 9:00 p.m., Primary Day
Sundays 9:00 a.m. to 2:00 p.m. Farmer’s Market, Recreation Center Grounds
Oct. 2-6, Metal Amnesty, all Town of Rosendale residents, only proof of residency required for metal disposal during regular operating hours.
Budget Calendar – 2008 department head budget requests due to Supervisor by 9/11.Town Board meeting with department heads 6:00 p.m. 10/3, Town Supervisor prepares budget and files with Town Clerk by 9/30, Town Clerk submits tentative budget to Town Board, 10/3, Public Hearing on Preliminary Budget 10/10, Budget Adoption 11/7.
AUDIT OF BILLS:
GENERAL FUND VOUCHER’S #892-929 TOTALING $26,664.65
HIGHWAY FUND " #220-225 " $ 938.48
SEWER FUND " #148-156 " $ 2,828.70
WATER FUND " #157-166 " $ 3,378.19
A motion was made by Councilman McDonough to pay the bills; seconded by Councilman Hassett. Roll Vote: 4 Yes, 1 Absent.
A motion was made by Councilwoman Greene to adjourn at 9:50 p.m.; seconded by Councilman Cluen.
Respectfully submitted,
Joan S. Jordan
Town Clerk
|
TOWN OF ROSENDALE
TOWN BOARD MEETING DRAFT
OCTOBER 10, 2007
The meeting was called to orders by Supervisor Gallagher at 7:31 p.m. at the Rosendale Community Center with the Pledge to the Flag.
PRESENT: Councilman Kenneth Hassett
Councilman Patrick McDonough
Councilwoman Manna Jo Greene
Councilman Kenneth Cluen
Supervisor Robert Gallagher
ALSO PRESENT: Fred Greitzer, Planning Board; Tim Morrison, Deb Tierney, Cable Commission; Ann Citron, Rec. Commission; 1 student and about 8 residents.
PETITIONS: No petitions were presented.
COMMUNITY EVENTS:
Sundays 9-2, Farmers Market, Recreation Center
Sat., Oct. 13th, 1-5 p.m., 75th Anniversary & Truck Dedication, Cottekill Fire Dept., Cottekill Road
Sat., Oct. 27th, 6-8 p.m., Youth Dept. Halloween Party
Tues., Nov. 6th, Election Day, TOWN OFFICES CLOSED
Wed., Nov. 7th, 7:30 p.m., Town Board Workshop and Public Hearing on Preliminary Budget
Mon., Nov. 12th, Veteran’s Day, TOWN OFFICES CLOSED
Wed., Nov. 14th , 7:30 p.m., Town Board Meeting and 2008 Budget Adoption
Sun., Nov. 18th, 10-5, 10th Annual International Pickle Festival, Rec. Center
Thurs., Nov. 22nd, Thanksgiving Day, TOWN OFFICES CLOSED
Fri., Nov. 23rd, Day after Thanksgiving, TOWN OFFICES CLOSED
MINUTES OF PRIOR MEETINGS: A motion was made by Councilman McDonough to accept the minutes for September; seconded by Councilman Hassett. Roll Vote: 5 Yes Votes.
COMMITTEE REPORTS:
Councilman Hassett stated that the minutes of the Recreation Commission and Zoning Board, and the Building Inspectors report are on file with the Town Clerk; he also noted that the new Recreation Center sign is up but we are still waiting for the electronic event display to arrive and be installed.
Councilman McDonough stated that the Police report and the Planning Board minutes are on file at Town Hall.
Councilwoman Greene stated that the Water Sewer minutes not available yet; the Commission is still working on a definitive definition of "unit"; she explained part of the water regulations, which has not been enforced, requires every unit to have a meter or pay a minimum usage charge; they are waiting on the reed bed project until the Town turns over the property to the Sewer Dept. Ms. Greene stated there is no Transfer Station report; Supervisor Gallagher noted that Rayne is still out on disability but are hoping she will be back in the next couple of weeks to at least catch up on paper work.
Councilman Cluen reported that the Youth Dept. had a very good summer; they have received used computers from the Police Dept. and are at full enrollment for the Tobacco Prevention Program. A program for girls ages 10-12, Girls Circle, is scheduled from Oct. 25th until Dec. ???, with Mary Farrell, a certified Girls Circle facilitator.
SUPERVISOR’S FINANCIAL REPORT: Supervisor Gallagher read the end balances for September; the reports are on file at Town Hall.
CORRESPONDENCE: On file at Town Hall.
APPOINTMENTS/RESIGNATIONS: Supervisor Gallagher said there is one appointment, Owen O’Connell, as a part time police officer at $15.40 p/h.
A motion was made by Councilman McDonough and seconded by Councilman Hassett to appoint Owen O’Connell as a part time police officer at $15.40 per hour. Roll Vote: 5 Yes Votes.
RESOLUTION #10-2007-#1 Scheduling a Public Hearing for 2008 Preliminary Budget and Adoption of 2008 Preliminary Budget.
A motion was made by Supervisor Gallagher; seconded by Councilman Hassett to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION #10-2007-#2 Scheduling a Public Hearing for 2008 High Falls Water Dept. Preliminary Budget.
A motion was presented by Supervisor Gallagher; seconded by Councilwoman Greene to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION #10-2007-#3 National Breast Cancer and Domestic Violence Awareness Month.
A motion was made by Supervisor Gallagher; seconded by Councilman Hassett to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 10-2007-#4 Halloween Curfew.
A motion was made by Supervisor Gallagher; seconded by Councilman Cluen to adopt the resolution setting the curfew for 9:00 p.m. for youth 18 and under for Halloween, October 31, 2007. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 10-2007-#5 Annual Software Support Contract for Water and Sewer Billing. The contract is with Williamson Law Book Company of Victor , NY from August 1, 2007 to July 31, 2008.
A motion was made by Supervisor Gallagher; seconded by Councilwoman Greene to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
RESOLUTION 10-2007-#6 Authorizing Appraisal Services in Connection with a Tax Certiorari. The resolution pertains to Iron Mountain Properties, tax map #62.4-1-2.100 and 62.4-1-36, Town of Rosendale, Ulster County, NY; this resolution will permit McGrath & Company, Inc., Real Estate Appraisers & Counselors to provide all necessary appraisal services in connection with the proceedings. An addendum, up dating the fee quote was discussed and is attached to the resolution.
A motion was made to adopt the resolution by Supervisor Gallagher; seconded by Councilwoman Greene. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
DISCUSSION: Rondout Watershed Reconnaissance Study. A letter dated September 2007 from the Dept. of the Army Corps of Engineers, announced initiation of a Federally-funded survey of the Rondout Creek Watershed to determine Federal interest in flood remediation along the Rondout and examine other water resource problems in the area. Councilman McDonough stated that Federal Legislation formed an Esopus Watershed Coalition and now they are forming one along the Rondout in the same manner. Supervisor Gallagher stated that this is to do a study on flooding in the Ellenville and Rosendale areas in recent years. The Army Corps is requesting pertinent information about the project area from Federal, State, local agencies and the private sector.
Councilwoman Greene stated that she did a walk with the Army Corps and DEC last week; they inspected every trap and flap, doing a very thorough inspection. She said she was very impressed with the extent of the inspection and done by our Highway Dept. in maintaining our project area.
DISCUSSION: FEMA National Flood Insurance Program. A letter dated September 29, 2007 from Federal advising that an initiative to modernize National Flood Insurance maps nationwide. Preliminary Summary of Map Actions for our area is included along with one (1) set of maps for preliminary review; maps are available for viewing at Town Hall. Three meetings (same meeting, different locations) on October 23rd, October 24th in the a.m., October 24th in the p.m. at the Ulster Resource Center for review and input of the material.
Fred Greitzer called attention to the required 4 hours annual training for Planning Board and ZBA members, this could fulfill the requirement; but you must call Ulster County Planning Board to register at 334-3340.
FOR THE GOOD OF ROSENDALE:
Kevin Hines asked if there was any discussion of Bloomington Fire applying for the Awards Program. Supervisor Gallagher said that since Bloomington is a Fire Protection it is tied to the Town by contract so they need approval from the Board. The attorney for the Town is looking into the procedure and we are awaiting that information before proceeding.
Hal Sampson announced that on Sunday, October 14th at 1:00 p.m. there will be a First Anniversary Memorial Service at the Rosendale Plains Cemetery for Randi Ritter; and on Veteran’s Day, November 11th at 11:00 a.m. there will be a memorial observance and dedication of the new monument stones at Memorial Park.
AUDIT OF BILLS:
GENERAL FUND VOUCHERS # 969-1018 TOTALING $32,183.25
HIGHWAY FUND " #240-254 " $76,990.89
SEWER FUND " #162-178 " $ 5,812.10
WATER FUND " #174-189 " $ 5,226036
A motion to pay the vouchers was made by Councilman Hassett; seconded by Councilwoman Greene. Roll Vote: 5 Yes Votes.
A motion was made by Councilwoman Greene to adjourn at 8:40 p.m.; seconded by Councilman Cluen. Roll Vote: 5 Yes Votes.
Respectfully submitted,
Joan S. Jordan
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TOWN OF ROSENDALE
TOWN BOARD MEETING
NOVEMBER 14, 2007
The meeting was called to order by Supervisor Gallagher at 7:30 p.m. at the Rosendale Community Center with the Pledge to the Flag.
PRESENT: Councilman Kenneth Hassett
Councilman Patrick McDonough
Councilwoman Manna Jo Greene
Councilman Kenneth Cluen
Supervisor Robert Gallagher
ALSO PRESENT: Deb Tierney & Tim Morrison, Cable Commission; Fred Greitzer, Planning Board; Councilman-elect Richard Minissali; Ron Parenti, ZBA; and about 8 residents.
PETITIONS: There were no petitions presented.
COMMUNITY EVENTS: Supervisor Gallagher reminded everyone that the International Pickle Festival will take place this Sunday (November 18th).
MINUTES OF PRIOR MEETINGS: A motion was made by Councilman McDonough to accept the October draft minutes as revised; seconded by Councilman Hassett. Roll Vote: 5 Yeses.
COMMITTEE REPORTS: Councilman Hassett reported that the minutes of the Recreation Commission, ZBA and the Building Inspectors report are on file with the Town Clerk.
Councilman McDonough stated that the Police, Justice and Planning Board reports were on file.
Councilman Cluen reported that the Youth Department finished their "smoke cessation program" and are moving along; the minutes are on file. Environmental Commission he believes are on file.
Councilwoman Greene reported that since Rayne has returned to work, all the reports are up to date and on file; we are always in the "black" as far as revenue. Water/Sewer Commission has developed a preliminary definition of "unit"; for residential the definition is "a separate kitchen and bath", for commercial it is "a separate bath"; the definitions will be reviewed by counsel.
SUPERVISOR’S FINANCIAL REPORT: Supervisor Gallagher read the end balances for October 2007 and stated that the reports are on file at Town Hall.
APPOINTMENTS/RESIGNATIONS: Supervisor Gallagher reported that there is one appointment, David Post to the Youth Commission for a term expiring 12/31/2008 and one resignation, Claudia McEvoy as Deputy Town Clerk.
A motion by Supervisor Gallagher to appoint David Post to the Youth Commission with a term ending 12/31/2008 and to accept the resignation of Claudia McEvoy, with regrets, as Deputy Town Clerk; seconded by Councilman Hassett. Roll Vote: 5 Yeses.
1. RESOLUTION 11-2007-#1: Adopting 2008 Town of Rosendale Budget.
A motion was made by Supervisor Gallagher; seconded by Councilman McDonough to adopt the 2008 Town of Rosendale Budget of $2,151,073 reflecting a 5.81% increase. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
2. RESOLUTION 11-2007-#2: Adopting 2008 High Falls Water District Budget.
A motion was made by Supervisor Gallagher to adopt the 2008 high Falls Water District Budget showing no revenues to be raised by taxation; seconded by Councilwoman Greene. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
3. RESOLUTION 11-2007-#3: To Hold a Public Hearing to Consider Amending Article IV, Section 60-10© and Section 60-12(E) of Chapter 60 of the Code of Rosendale. The resolution is to set a public hearing on the aforesaid for December 5, 2007 at 7:30 p.m. at the Rosendale Community Center.
A motion was made by Supervisor Gallagher to adopt the resolution; seconded by Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
4. RESOLUTION 11-2007-#4: To Hold a Public Hearing to Consider Whether or Not to Enact a Local Law Amending Article 2 Section 2.2.2.1(17) of Chapter 74 of the Code of Rosendale.
A motion was presented by Supervisor Gallagher to adopt the resolution; seconded by Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
5. RESOLUTION 11-2007-#5: To Hold a Public Hearing to Consider Whether or Not to Enact a Local Law Amending Section 75-40(C-5-e) of Chapter 75 of the Code of Rosendale.
A motion was made by Supervisor Gallagher to adopt the resolution; seconded by Councilwoman Greene. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
6. RESOLUTION 11-2007-#6: To Hold a Public Hearing to Consider Whether or Not to Enact a Local Law Amending Section 7-3 of Chapter 7 of the Code of Rosendale.
A motion was presented by Supervisor Gallagher; seconded by Councilman Cluen. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
7. RESOLUTION 11-2007-#7: Supporting the Ulster Countywide Shared Service Feasibility Study and Implementation Plan. The Town of Rosendale agrees to be a co-applicant, determined that it is desirable and in the public interest to support Ulster County in submitting an application under 2007-2008 Shared Municipal Services Grant Program. Councilman Hassett cautioned about cost, Ulster County could dictate how services are shared which could cost the Town; the County needs at least one town to sign on in order to apply for the grant money. Councilman McDonough said the Town shouldn’t have to bear the brunt of any costs.
A motion was introduced by Supervisor Gallagher to adopt the resolution; seconded by Councilman McDonough. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
8. RESOLUTION 11-2007-#8: Supporting the Ulster County Automatic Vehicle Locator System Shared Services Program. The Town of Rosendale aggress to be co-applicant under the 2007-2008 Shared Municipal Services Grant Program for Automatic Vehicle Locator System Shared Services to reduce the numbers of required equipment and vehicles and reduce the number of sub and salt stations.
Councilman Hassett expressed concern about cost of equipment and monitoring.
A motion was made by Supervisor Gallagher to adopt the resolution; seconded by Councilman McDonough. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
9. RESOLUTION 11-2007-#9: Awarding Marbletown First Aid Unit Contract for Emergency Response Services. The contract covers emergency response services in the western portion of the Town of Rosendale, High Falls Park and Cottekill Village for the sum of $2,500.
A motion was made by Supervisor Gallagher to adopt the resolution; seconded by Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
Ron Parenti stated that Marbletown First Aid Unit is looking for EMT’s; Supervisor Gallagher said the commitment for training is over 300 hours. Councilman Hassett noted they are also in need of volunteer drivers; they will train, this does not require as much time as to become an EMT.
10. RESOLUTION 11-2007-#10: Authorizing the Firm of Swanson Consulting Inc. to Conduct Business in Rosendale. This resolution is to authorize Swanson Consulting Inc. to perform electrical inspections of electrical installations in Rosendale on the recommendation of Thomas Fiore, Building Inspector.
A motion was presented by Supervisor Gallagher to adopt the resolution; seconded by Councilwoman Green. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
11. RESOLUTION 11-2007-#11: Appointment of Alternate Member(s) of the Town of Rosendale Zoning Board of Appeals. A motion was made by Councilman Hassett to enter the name of Lou Muenkel for the position of alternate with a second by Supervisor Gallagher; Councilman McDonough made a motion to appoint Brian Farmer to the position with a second by Councilwoman Greene. After a brief discussion both motions were rescinded by the respective Councilmen and a new motion was introduced.
A motion by Councilman McDonough to appoint Brian Farmer and Lou Muenkel as alternates to the Zoning Board of Appeals for the term December 1, 2007 to November 31, 2008 to serve as an alternate in the absence of a quorum; seconded by Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
12. RESOLUTION 11-2007-#12: Water and Sewer Levies. The Town Board hereby authorizes the 2007 delinquent list for the water and sewer districts to be submitted to the County of Ulster for inclusion on the 2007 Tax Levy. Total levies for the Water District $5,582.48. Total levies for the Sewer District.$3,637.03.
A motion was presented by Supervisor Gallagher to adopt the resolution; seconded by Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
13. RESOLUTION 11-2007-#13: Recommending Appointment of Regular and Alternate Member of the Ulster County Planning Board.
A motion was presented by Supervisor Gallagher to appoint Fred Greitzer as a regular member and Jeanne Walsh as alternate member of the Ulster County Planning Board; seconded by Councilwoman Greene. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
14. RESOLUTION 11-2007-#14: Budgetary Transfers.
The Town Board of Rosendale hereby authorizes the following budgetary transfers:
GENERAL FUND - transfer the sum of:
1. $60.00 from Contingency (A1990.4) into Town Board C.E. (A1010.$).
2. $2,000.00 from Contingency (A1990.4) into Data Processing C.E. (A1680.4).
3. $300.00 from Contingency (A1990.4) into Supt. Highways C.E. (A5010.4).
4. $200.00 from Contingency (A1990.4) into Publicity (A6410.4).
HIGHWAY FUND – transfer the sum of:
1.$40,622.00 from Machinery P.S. (DA5130.1) into General Repairs P.S. (DA5110.1).
WATER FUND – transfer the sum of:
1. $15,750.00 from Transmission/Distribution Eq.(SW8340.2) into Administration C.E. (SW8310.1).
2.$525.00 from Supply Eq.(SW8320.2) into Supply C.E.(SW8320.4).
3. $1,000.00 from Unemployment Ins. (SW9050.8) into Employee Benefits Med. Ins. (SW9060.8).
4. $2,000.00 from Purification Eq.(SW8330.2) into Emp. Benefits Med. Ins.(SW9060.8).
A motion was made by Supervisor Gallagher to adopt the resolution; seconded by Councilman Cluen. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
15. RESOLUTION 11-2007-#15: Authorizing Supervisor to Sign Quitclaim Deed. The resolution is authorize the Supervisor to give a quitclaim deed to James F. Mihm to correct the boundary on a certain piece land approximately .238 acres in size.
A motion was made by Supervisor Gallagher to adopt the resolution; seconded by Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
16. RESOLUTION 11-2007-#16: Kingston Area Public Access Commission Payment. The resolution authorizes payment to Kingston Area Public Access of $1,000.00 for maintenance and improved access by Rosendale residents without additional charge.
A motion was presented by Supervisor Gallagher to adopt the resolution; seconded by Councilman McDonough. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
17. DISCUSSION: Ulster County Legislative Resolution on Property Tax Reform. A copy of an e-mail from Carole Kraus, forwarded from Legislator Kraft, with attached draft resolution being passed by the Ulster County Legislature supporting establishing a New York State "Blue Ribbon Commission on Property Tax Reform"; support is being asked from legislators in adjoining counties. Supervisor Gallagher stated that Rosendale was one of the original towns that started this "tax reform" movement three years ago; Glen Debrosky is currently the only member representing Rosendale; they meet monthly------------------------, anyone wishing to become involved, can obtain more information at
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A motion was made by Councilman McDonough to have the Supervisor write a letter of support for "tax reform"; seconded by Councilman Hassett. Roll Vote: 5 Yeses.
Richard Minissali spoke on behalf of John Gunther of James Street who is asking for support to bring a national peace convocation, "US SERVAS" to Rosendale next September; the main convocation will be held at "Lifebridge Foundation" on Mountain Road; they are seeking private homes to house participants to foster the "open door" concept. Supervisor Gallagher asked if this is a world-wide organization; U.S. SERVAS, Inc. was recognized by the United Nations as an official affiliated organization in 1998. Councilman McDonough stated that they are looking to do this differently, rather than meeting in at universities they want to meet in small communities like Rosendale. John Gunther is currently chairman of the board and would be bringing about 150 people to the area.
Councilman Hassett said that he supports peace 100% but wants to be sure that the Veteran’s Memorial Park would be off-limits to any demonstrations; the veteran’s consider the park "sacred ground".
Ann Citron said she wanted to present a different view; people fought for freedom of speech; some veteran’s stand for peace, this should not be confrontational.
Fred Greitzer stated that not all people speak for veterans.
Councilman Hassett asked that the park just not be the "ground zero" of the conference.
A motion was made by Councilman McDonough for the Supervisor to write a letter to U.S. SERVAS supporting hosting the conference in Rosendale; seconded by Councilwoman Greene. Roll Vote: 5 Yeses.
FOR THE GOOD OF ROSENDALE:
John Maylie spoke about the Plattekill, Esopus and Rondout Reconnaissance Study; he has walked the area in the Town of Rosendale and this portion of the study will be done by March. The feasibility study will take 2-5 years; the flooding and environmental aspects of the Rondout in the Town will be studied.
Councilwoman Greene said that residents did an out-reach, anyone concerned about flooding; Tom Fiore, Joe Havranek and Ms. Greene coordinated the effort for remediation; Joyce Bialik took notes and wrote up a report. John Maylie said that the report was about Creekside Lane and Route 213 area, not Town wide; he also noted that the Town will have to adopt new flood maps to become effective sometime in 2009.
A question was asked about the Route 32 Bridge Project, when will it start and how will it be implemented. Various Board members noted that the project is due to start in the spring of 2008 (March or April), one lane will be closed and refurbished during that construction season. In the early winter both lanes will reopen until the following spring when the second lane will be closed for refurbishing. No formal detour will be established but people will find their own routes. We are not getting a new bridge but money is to be allocated for police patrols, traffic control, and some enhancements (sidewalks and etc.). A question was also raised about the Street Festival being held; Supervisor Gallagher said that most likely it would not be held for two years of the construction. Councilwoman Greene suggested that perhaps the Festival could be relocated; Supervisor Gallagher said that would be up to the committee; Councilman Hassett suggested that perhaps the Recreation Center and Lower James Street could be utilized.
Jane Brown of the Blue Stone Press suggested that the Town use the web site to keep residents updated on what is happening.
Councilwoman Greene stated that crossing Lucas Avenue in Cottekill has become safer; 4-way stop signs have been installed; a traffic light is to be installed sometime in 2008 but this will work in the meantime.
Sheila Brady, representing herself, read a statement about the Planning Board not posting agendas and not keeping the process transparent in connection with the Williams Lake sale and development (she is associated with Save the Lakes). Fred Greitzer stated that they try to post agendas but often impromptu items come up; this is insulting to the Planning Board (he’s a member). Ann Citron said she appreciates Sheila’s letter; she said that there was "infliction" in "good of Rosendale". Supervisor Gallagher responded that these comments are for "feel good projects to promote Rosendale".
Deb Tierney announced that the Annual Commitment to Kids Toy Drive will take place on December 2, 2007 at the Bloomington Fire House starting at noon; the parade will begin a 1:00 p.m. Last year they collected 4,585 toys which stayed in the area.
DATES TO REMEMBER:
Sun., Nov. 18th, 10 a.m. to 5 p.m., 10th Annual International Pickle Festival
Thurs., Nov. 22nd, Thanksgiving Day, TOWN OFFICES CLOSED
Fri.,, Nov. 23rd, Day after Thanksgiving, TOWN OFFICES CLOSED
Wed., Dec. 5th, 7:30 p.m., Town Board Workshop
Wed., Dec. 12th, 7:30 p.m., Town Board Meeting
AUDIT OF BILLS:
GENERAL FUND VOUCHER’S #1079-1132 TOTALING $23,915.52
HIGHWAY FUND " #261-283 " $11,079.26
SEWER FUND " #186-195 " $ 2,200.36
WATER FUND " #197-209 " $ 3,043.01
A motion to pay bills was made by Councilman McDonough; seconded by Councilwoman Greene. Roll Vote: 5 Yeses.
Motion to adjourn a 9:25 p.m. by Councilwoman Greene; seconded by Councilman Hassett. Roll Vote: 5 Yeses.
Respectfully submitted,
Joan S. Jordan
Town Clerk
TOWN OF ROSENDALE
TOWN BOARD WORKSHOP MEETING
PUBLIC HEARINGS
DECEMBER 5, 2007
Meeting called to order at 7:32 p.m. by Supervisor Gallagher at the Rosendale Community Center with the Pledge to the Flag.
PRESENT: Councilman Kenneth Hassett
Councilman Patrick McDonough
Councilwoman Manna Jo Greene
Councilman Kenneth Cluen
Supervisor Robert Gallagher
ALSO PRESENT: Kevin Hines, Fire Marshall; Dave Massimi, Code Enforcement; Bob Hendrickson, ZBA; Jack Snyder, Water/Sewer; Billy Liggan, Jeanne Walsh, Nick Mercurio, Planning Board; Deidre McCluskey, Economic Devel.; Mary Lou Christiana, Attorney for Town; and about 100 other people.
Supervisor Gallagher stated that we have four public hearings tonight and the ground rules will be that you raise your hand and wait to be recognized. There are also two applications being presented (Wild Rose and Hudson River Valley Resort aka Canopy) no comments will be taken tonight; there will be at least eight (8) public hearings and scoping sessions for those comments to be rendered.
PUBLIC INPUT: Billy Liggan said that Anita Peck should be recognized publicly for her donation to the Recreation (Community) Center of an ice machine and commercial pots and pans.
1-3). Supervisor Gallagher called for the opening of the first three public hearings dealing with amending Town Code to comply with mandated wording of Storm Water Pollution Prevention Plan (SWPP); amending Article IV of Chapter 60 (Subdivision of Land); amending Article 2 of Chapter 74 (Stormwater Management and Erosion and Sediment Control); amending Article VII of Chapter 75 (Zoning) of the Code of Rosendale. The Town Clerk read each notice.
A question was asked about why the amendments were being made; the response was that NYS has mandated that a sentence be added to the Stormwater Local Laws pertaining to these three particular sections to bring our local law into compliance; Councilman McDonough said we are just adding to the list of needed procedure steps dealing with subdivision of land, zoning and stormwater management sediment and erosion.
4).Proposed Local Law amending Section 7-3 of Chapter 7 of the Code of Rosendale; Nick Mercurio showed a graphic of the several proposed methods of appointment for the Environmental Commission. Ellen Berlin asked why this is being enacted; Supervisor Gallagher and Councilman McDonough said there was never any term length in the Code. Councilman McDonough said the terms will be three members with three year terms; starting with appointments of 5,4,and 3 years(total of 9 members) this will provide for diversity on the board and most members will be reappointed if they desire to stay. Ann Sarrentonio asked who appoints the members; response was the Town Board
5). Wild Rose: Chuck Voss, our consultant from C.T. Male, they are making application to create a Stormwater Discharge District. The site plan review is for 22 lots on 80 acres on the site of the former Hurley Sand and Gravel property on Bruceville Road.
Ellen Berlin asked how this would effect the Coxing Cemetery; C.T. Male has reviewed the data and no effect is foreseen. Ed Maestro asked if a hydrology study has been done; Chuck Voss stated that the applicant has done it and C.T. Male has reviewed the data. Ellen Berlin said she has concerns about the very fragile condition on the slopes; Councilman McDonough said he agrees. Councilwoman Greene stated that this should be referred to the Environmental Commission; Councilman Hassett said he thought it had already been referred; Nick Mercurio was asked if the Environmental Commission has reviewed the hydrology report; he replied they have not. A question was raised about using the applicant’s data and our consultant reviewing their data; Mr. Voss stated that they used very reputable consultant for the SWPPP and SPEDES, the information is in line with guidelines and no fraud or misrepresentation appears.
Bob Cahalan of James Street addressed the Town Board about the stormwater situation on James Street; he doesn’t see how the Town can permit additional development when they have not rectified the existing problem. He said there is only and 8” pipe; he is losing 10 to 15 feet of his property and nothing is being done. Councilman Hassett advised that tonight this discussion is site specific to Wild Rose. Mr. Cahalan asked why he has to suffer; he wants something done, it’s been 10 years; he said he may have to sue the Town to replace the stormwater lines. Councilman McDonough stated that for some of the Board this is the first time they have heard about this; they will sit down and see what can be done. Councilwoman Greene said that there have been some complaints over the last two years about drainage, mostly in the area of Fann’s and etc.; now or in the near future an AD HOC committee should be created to look at infrastructure problems. Councilman-elect Minissali agreed with Ms.Greene’s suggestion to refer the review to the Environmental Commission.
Questions were asked about how many roads would be in the Wild Rose development and whether they are empty parcels or would be ready built. Mr. Voss replied that there would be one (1) main service road and that at present they would be empty lots.
6). Application of Hudson River Valley Resorts, LLC: Joe Eriole, attorney for HRVR, gave a brief overview stating that the project requires zoning text amendments. Four hundred (400) acres of the property are already in a conservation easement; 729 acres are undeveloped . The present hotel has 95 rooms the project would expand it to 130 rooms on the present footprint; 165 housing units. HRVR expects a positive SEQRA declaration and are seeking acceptance of the application by the Town Board.
Tim Miller of Tim Miller Assoc.; Brandee Nelson of Crawford & Assoc. Engineering made presentation that this would be a melding of the old and new; a modern special use would be needed to operate in a residential zone.
Mr. Miller stated that they are environmental planners in Cold Springs, NY and have a staff of 25; these are concept plans and are not fully developed; the plan will change through the public review process. Mr. Miller stated that this will be a “green concept” project; building will be done on previously disturbed land (hotel and cement mining); this would be adapted reuse of the land and facility as a “destination resort”. It is intended that there will be rehabilitation of some industrial artifacts and allow preservation of the area. It was suggested that the Planning Board might be “Lead Agency” for the SEQRA process.
Councilwoman Greene stated that she had a one time meeting with Mr. Horton where she said he agreed to a charete outside of the SEQRA process; this has not happened.
Joe Eriole stated that the applicant has done community outreach to which Ms. Greene responded there is a difference between “community and public outreach”.
Ms. Nelson stated that her firm will work on the water, sewer engineering and have done a preliminary assessment; the site is presently served by individual sewer and water systems (septic and water drawn from the lake) with a filtration system installed. The project envisions 101 townhouse units with central water and sewer; the Lake will be the water source (160,000 gallons per day consumption falls in DEC guidelines). Someone from the audience stated that stormwater is a great concern because of the topography;
Supervisor Gallagher said this presentation is to the Town Board; a copy of the application will be available at the Library and will be on the Town web site; Councilman McDonough stated that digital and paper copies will be available for public review. Mr. Miller answered that these are concepts not engineered plans; the hotel presently was allowed under a special permit; this would just create a new special permit.
Chuck Voss, C.T. Male and Mary Lou Christiana, attorney for the Town, outlined that SEQRA is a prescribed process mandated by New York State, they state what information is required; there will be reviews by the zoning board, planning board, a SEQRA, a full environmental impact statement, oral and written comments during the entire review process. Outside professionals will be hired as needed with the cost borne by the applicant not the Town. The Planning Board cannot act until the Zoning issue before the Town Board is settled.
RESOLUTION 12-2007-#1 Accepting Application of Hudson River Valley Resort to be referred to the Town Planning Board.
A motion was made by Supervisor Gallagher; seconded by Councilman Hassett to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene No*
Councilman Cluen Yes
Supervisor Gallagher Yes
*Councilwoman Greene qualified her “no” vote that she was putting them on notice because in previous discussion she thought they were going to try a collaborative land use process; this hasn’t happened.
Supervisor Gallagher called a 10 minute recess at 9:10 p.m.
7). Discussion: Bank of America use charges: Bank of America has been charging exorbitant fees on Town accounts.
A motion was made by Councilman McDonough to have the Supervisor put out to bid for commercial services; seconded by Councilman Hassett. Roll Vote: 5 Yes votes.
8). Discussion: Rondout Reservoir flood attenuation graph: A letter from City of New York EPA dated November 9th, with attached graph showing the inflow and outflow from the Rondout Reservoir during the storm period April 15-18, 2007. Councilwoman Greene stated that this is “not a closed conversation”. Supervisor Gallagher said there are several organizations working together to mitigate these situations (flooding). The Rondout Creek Watershed Commission is planning a spring meeting to educate the public.
9). Discussion: DWI Task Force Patrols: Letter and copy of 2008 contract from Ulster County Stop DWI; attention was drawn to a new “Schedule C” item requiring a copy of the Town’s certificate of insurance be provided to complete the “Agreement”. A resolution will be presented next week to adopt this agreement. Councilman Hassett stated that he is concerned about the additional request for our insurance; he’s concerned that Ulster County is trying to absolve itself of liability and have it come back to the Town. Councilman Cluen suggested that we have our insurance representative review the contract prior to adoption of the resolution; Councilman Hassett agreed this is a good idea for the review though he feels it’s pretty much a “boiler plate” contract.
10). RESOLUTION 12-2007-#2 To Participate in the Ulster County Multi-Jurisdictional Natural Hazard Mitigation Plan.
Related to the FEMA grant recently received by Ulster County, the Town of Rosendale is invited to join with Ulster County in a multi-jurisdictional hazard mitigation plan or we must develop a plan of our own plan as mandated by the Disaster Mitigation Act (DMA) of 2000. Councilman McDonough stated that the cost to the Town might be “in kind services” but that “home rule” will prevail. We are to appoint a representative and an alternate to the committee; Joe Havranek has agreed to be representative and Councilman (supervisor-elect) McDonough has agreed to be alternate. We must sign on before December 11, 2007.
A motion was made by Supervisor Gallagher; seconded by Councilman McDonough to participate in the Ulster County Multi-Jurisdictional Natural Hazard Mitigation Plan. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
11). Discussion: Creek Locks Common property subdivision: A resolution will be presented next week to authorize application for subdivision of the Creek Locks Commons property to sell/lease to the Rosendale Sewer District about two (2) acres for future needs of the Sewer District (reed beds, possible extension behind the car wash and Kallop Road problem areas).
Councilwoman Greene commented on the NYS Comptroller’s audit of the solar project at the Community Center; they estimated that after 60 years the Town will have saved $84,000.00; they hope we will continue to expand solar use within future Town projects. Ms. Greene thanked Nick Mercurio for supervising the audit for the Environmental Commission and the Town Board for their creativity in the funding the project, it didn’t cost the Town any money.
Councilman McDonough stated preliminary investigation is being done for energy conservation at the sewer plant; reed beds are part of the plan.
Someone in the audience suggested harnessing the methane gas emissions at the Transfer Station.
Edward Williams asked to either speak with the Board members in public (at that time) or in the future personally or by phone regarding a letter he submitted for each of them. Supervisor Gallagher stated they had just received the letter and had not had opportunity to read it.
Richard Minissali mentioned that there was another incident (car/pedestrian) on James Street last week; side walks are needed. Jack Snyder said we need more police presence on James Street and they should be doing more ticketing; it will get worse when they start the bridge rehab project.
A motion was made by Supervisor Gallagher to close all four public hearings at 10:10 p.m.; seconded by Councilman McDonough. Roll Vote: 5 Yes votes.
AUDIT OF BILLS:
GENERAL FUND VOUCHER’S #1135-1166 TOTALING $11,461.98
HIGHWAY FUND “ # 284-291 “ $ 7,103.53
SEWER FUND “ # 196-200 “ $ 438.04
WATER FUND “ # 210-217 “ $ 1,264.59
A motion was made by Councilman Hassett to pay the bills; seconded by Councilwoman Greene. Roll Vote: 5 Yeses.
DATES TO REMEMBER:
1. Sat., Dec. 8th, noon-6:00 p.m. 4th Annual Frozendale Winter Festival
2. Sun., Dec. 9th, 1:00-5:00 p.m. Annual Food & Toy Drive to benefit the Rondout Valley & Rosendale Food Pantries, High Falls Firehouse. Santa will be there for pictures, coffee, hot chocolate & cookies will be served.
3. Wed., Dec. 14th, 7:30 p.m. Town Board Meeting
4. Tues., Dec. 25th, C.H.E.F’s dinner, Community Center
5. Tues., Dec. 25th, Christmas Day, TOWN OFFICES CLOSED
6. Tues., Jan. 1st, New Year’s Day, TOWN OFFICES CLOSED
7. Wed., Jan. 2nd, 7:30 p.m., Town Board Workshop
8. Wed., Jan 9th, 7:30 p.m. Town Board Meeting
Respectfully submitted,
Joan S. Jordan
Town Clerk
TOWN OF ROSENDALE
TOWN BOARD MEETING
DECEMBER 12, 2007
The meeting was called to order by Supervisor Gallagher at 7:31 p.m. at the Rosendale Community Center with the Pledge to the Flag.
Supervisor Gallagher asked all to remain standing for a moment of silence in memory of Mrs. (Ann) Jerkowski who passed away last night.
PRESENT: Councilman Kenneth Hassett
Councilman Patrick McDonough
Councilwoman Manna Jo Greene
Councilman Kenneth Cluen (arrived at 8:05 p.m.)
Supervisor Robert Gallagher
ALSO PRESENT: Planning Board members Fred Greitzer, Randi Morf, Jeanne Walsh, Joe Havranek, Billy Liggan; Building Inspector Tom Fiore; Code Enforcement Officer Dave Massimi; and about 60 concerned citizens.
PETITIONS: Mark Morgenstern read a letter from James Bryan Bacon, Esq. on behalf of “Save the Lakes” organization pertaining to Hudson River Valley Resort’s zoning petition as being improper “spot zoning” and should the Town determine to examine the petition, the Town Board should declare itself “lead agency”. The letter is on file at Town Hall.
COMMUNITY EVENTS: Billy Liggan extended invitation on behalf of the Rosendale Chamber of Commerce to all presently seated members of the Board and members-elect to attend their function December 20th at Victoria’s Garden.
Councilman McDonough also noted that our Youth Office would be holding their Annual Holiday Open House on Saturday, December 15th from 2:00-8:00 p.m.
COMMITTEE REPORTS: Councilman Hassett announced that the Recreation Commission and ZBA minutes are on file and he read his final Building Inspector report for November which is also on file at Town Hall.
Councilman McDonough stated that the minutes of the Police Commission, Justice Report and Planning Board minutes are on file. Councilman McDonough stated that he attended last week’s (December 6th) Planning Board meeting and a discussion ensued about qualifications; he wants to publicly apologize to all Planning Board members for the way he stated at that meeting; no way did he mean to impugn the qualifications of any these dedicated volunteer members.
Councilwoman Greene reported that the Water/Sewer Commissioners are considering asking the Town Board to replace the language regarding multiple unit charges in §73-18 of the Town Code; they are leaning toward repealing that section. They want to have a meeting with the Town Board to discuss this and hope to have it resolved soon. Ms. Greene read from the Transfer Station report which is on file at Town Hall.
Ed Maestro of the Environmental Commission passed out copies of the “Rosendale Groundwater Protection Plan” prepared by Steven Winkley of NY Rural Water Association to Town Board member and filed a copy with the Town Clerk.
SUPERVISOR’S FINANCIAL REPORT: Supervisor Gallagher read the end balances for the month of November 2007, copy on file with the Town Clerk.
APPOINTMENT/RESIGNATIONS: Supervisor Gallagher announced the resignation of Marc Deslandes; police officer; and MaryAlice Klepeis, recording secretary to the Recreation Commission.
A motion was made by Councilman Hassett to accept the resignations of Marc Deslandes and MaryAlice Klepeis with regret; especially Mrs. Klepeis who has served the Commission for many years; seconded by Councilman McDonough. Roll Vote: 4 Yes, 1 Absent.
Councilman McDonough echoed Councilman Hassett in regretting MaryAlice’s departure.
Supervisor Gallagher announced that Daniel Baker of Tillson is the Town Board’s choice to become the new Rosendale Assessor.
A motion was made by Councilman McDonough to appoint Daniel Baker as Assessor effective January 1, 2008 at an annual salary of $38,000.00; seconded by Councilman Hassett. Roll Vote: 4 Yes, 1 Absent.
1). Kingston Public Access: Tim Morrison said that we are nearing closure on a contract with Time Warner Cable, he expects it should be final by February. We will need to have a public hearing and a resolution assigning Time Warner …………………………...
We are talking about discounts; each school and library in the Town of Rosendale would receive free basic TV and a free Roadrunner modem; each municipal building, church (in hall or etc.), fire company would receive basic TV free and a 50% discount on Roadrunner with the installation fee being waived. Tim said he will draft a letter for the Town Clerk to send to the non-profits explaining this.
2). Hazard Mitigation Plan: Joe Havranek explained that there is FEMA grant money available which Ulster County is applying to take the lead as it is very costly for small municipalities to carry out the assessment. Identifying local risk area will be done to protect bridges and infrastructure from damage, mainly from flooding. A “boiler plate” letter will be going out to all fire departments and etc. seeking volunteers. Joe said this is a “good deal”. He also noted that on the cover of the brochure are the properties of Meg Ryan and John Maylie, Rosendale residents. Ulster County’s home web page has this information and can share the communication link for input.
3). RESOLUTION 12-2007-#3 Adopting Local Law Amending Article IV, Section 60-10 ( C ) and Section 60-12 (E) of Chapter 60 of the Code of Rosendale (Subdivision of Land).
A motion was made to adopt the resolution by Supervisor Gallagher; seconded by Councilwoman Greene. Roll Vote:
Councilman McDonough Yes
Councilman Cluen Absent
Councilwoman Greene Yes
Councilman Hassett Yes
Supervisor Gallagher Yes
4). RESOLUTION 12-2007-#4 Adopting Local Law Amending Article 2, Section 2.2.2.1 (17) of Chapter 74 of the Codes of the Town of Rosendale (Stormwater Management & Erosion & Sediment Control).
A motion was made by Supervisor Gallagher; seconded by Councilman Hassett to adopt the resolution. Roll Vote:
Councilman McDonough Yes
Councilman Cluen Absent
Councilwoman Greene Yes
Councilman Hassett Yes
Supervisor Gallagher Yes
5). RESOLUTION 12-2007-#5 Adopting Local Law Amending Section 75-40 (C-5-e) of Chapter 75 of the Code of the Town of Rosendale (Zoning).
A motion was presented by Supervisor Gallagher; seconded by Councilman McDonough to adopt the resolution. Roll Vote:
Councilman McDonough Yes
Councilman Cluen Absent
Councilwoman Greene Yes
Councilman Hassett Yes
Supervisor Gallagher Yes
6). RSOLUTION 12-2007-#6 Adopting Local Law Amending Section 7-3 of Chapter 7 of the Code of the Rosendale (Conservation of the Environment, Commission for) to Increase the Term of Appointment for Members of the Commission for Conservation of the Environment.
A motion was made by Supervisor Gallagher to adopt the resolution; seconded by Councilman McDonough. Roll Vote:
Councilman McDonough Yes
Councilman Cluen Absent
Councilwoman Greene Yes
Councilman Hassett Yes
Supervisor Gallagher Yes
7). RESOLUTION 12-2007-#7 STOP DWI Agreement.
A motion was presented by Supervisor Gallagher; seconded by Councilman Hassett to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
8). RESOLUTION 12-2007-#8 Authorizing Application for Subdivision of Creek Locks Road Property.
A motion was made by Supervisor Gallagher to adopt the resolution; seconded by Councilwoman Greene and Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
9). RESOLUTION 12-2007-#9 Budget Amendment. An erroneous appropriation was made in the 2008 Rosendale Sewer District Account SS9030.8 in the amount of $1,180.00; the resolution authorizes:
A. Decrease in SS9030.8 (Social Security) by $1,180.00, from $7,000.00 to $5,820.00.
A motion was made by Supervisor Gallagher to adopt the resolution; seconded by Councilman Hassett: Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
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