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TOWN OF ROSENDALE
TOWN BOARD MEETING
JANUARY 9, 2008
The meeting was called to order by Supervisor McDonough at 7:30 p.m. at the Rosendale Community Center with the Pledge to the Flag.
PRESENT: Councilwoman Manna Jo Greene
Councilman Robert Gallagher
Councilman Kenneth Cluen
Councilman Richard Minissali
Supervisor Patrick McDonough
ALSO PRESENT: Fred Greitzer, Billy Liggan, Nick Mercurio, Peter Perry of the Planning Board; and about 20 residents.
PETITIONS 7 PUBLIC COMMENT: Edward
Williams commented on the fact that the agenda and minutes were not
posted to the web site “as required by law” in a timely manner since
August; Supervisor McDonough explained to Mr. Williams that the Town has
had some problems with the web site but it has not been constant since
August and right now there is no “webmaster”; the Town Clerk further
told Mr. Williams that it is not a legal requirement to post agenda or
minutes to the web site, or to have an agenda posted prior to a meeting
and that minutes are available at the Town Clerk’s office within the two
weeks required by law. Supervisor McDonough assured that he will endeavor to get agendas and minutes posted as soon as possible.
COMMUNITY EVENTS: Supervisor McDonough stated that on January 14th there will be a meeting for the Annual Car Show to benefit the Youth Center at 6:00 p.m. at the Community Center; volunteers are sought and welcome.
A joint meeting of the Town Board and the Planning Board (JERB) will take place on Thursday, January 17th at 7:00 p.m.
MINUTES OF PRIOR MEETINGS: A motion was made by Supervisor McDonough to accept the minutes of November 7th and 14th; December 5th and 12th; seconded by Councilman Gallagher. Roll Vote:
Councilwoman Greene Yes
Councilman Gallagher Yes
Councilman Cluen Yes
Councilman Minissali Abstained
Supervisor McDonough Yes
COMMITTEE REPORTS: Councilman
Cluen stated that the Transfer Station report is on file with the Town
Clerk; Youth Dept. has several new members and has a very active
program. Councilman Cluen said there have been several collisions and near misses with sleds and snow boards on the hill behind the Youth Center; he said that the attorney for the town advised to discourage or not to allow those activities. Ed Maestro proposed that to mitigate possible accidents by sleds and etc. going onto James Street that we install snow fence or hay bales as stops. Councilman Minissali suggested posting signs declaring “at own risk”. Supervisor
McDonough suggested bringing to the attention of the Recreation
Commission, they are responsible for all parks; and he will discuss the
matter with our insurance carrier.
Councilman Gallagher
stated there was no Recreation meeting in December; Highway Dept. has
been busy plowing from the recent storms.
Councilwoman Greene
stated that the Police Commission has not yet met; the Planning Board
met and voted for co-lead agency with the Town Board on the SEQRA for
the HRVR review after lengthy discussion; she also wanted to complement
Dave Plant of C.T.Male for his recommendation…………………………..
SUPERVISOR’S FINANCIAL
REPORT: End balances for the month of December 2007 were read by the
Supervisor; the report is on file with the Town Clerk.
GENERAL HOUSEKEEPING: Supervisor
McDonough requested that everyone remove coffee container, water
bottles and papers when they leave; these have been left behind and
require removal before the building is closed for the night.
RESIGNATIONS/APPOINTMENTS: Supervisor
McDonough referred to a memo from the two Town Justices requesting
appointment of special traffic prosecutors, Beatrice Havranek and Sara
McGinty. They prosecutors
will work one at a time probably for a total of five (5) hours a month
to prosecute state police tickets that would otherwise be dismissed;
this will generate revenue for the Town. A letter has been sent to
District Attorney Holly Carnright requesting authorization for them to
prosecute State Police vehicle and traffic tickets only.
A motion was made to
appoint Beatrice Havranek and Sara McGinty as special prosecutors by
Councilman Gallagher; seconded by Councilman Cluen. Roll Vote:
Councilwoman Greene Yes
Councilman Gallagher Yes
Councilman Cluen Yes
Councilman Minissali Recused
Supervisor McDonough Yes
A motion was made to appoint Ann Houghtaling Recreation Clerk by Councilwoman Greene; seconded by Councilman Minissali. Roll Vote: 5 Yes.
Supervisor McDonough
noted that additional applications for various committees and
commissions are in folders and appointments will be made in February.
1). DISCUSSION: NYS DEC has declared intent to request Lead Agency Status on the application of HRVR, LLC for the SEQRA review. Supervisor McDonough told the Board that we have until February 8th to formulate an agreement between the Planning Board/Town Board and DEC, District #3 as to who will lead the SEQRA. DEC
District #3 has seven (7) jurisdictional areas of review which are of
statewide and regional impact; they therefore feel they should be Lead
Agency. Supervisor
McDonough said he feels this should be in the hands of the local
authorities; perhaps they would not have as critical an eye; on the
other hand a small part of him says let DEC handle it, we still have
final approval on zoning, site plan and subdivision. Councilman Minissali asked if this will be discussed next week at the JERB meeting; Supervisor McDonough replied, yes.
Billy Liggan clarified a
question that Lead Agency will either be Planning Board/Town Board
jointly or DEC and if no agreement is reached, the DEC Commissioner in Albany will decide; there have been instances where DEC has decided against itself.
Councilwoman Greene
said that if the decision is made by the DEC Commissioner, each party
must write a brief (statement) stating their case and then a
determination will be made; the DEC Commissioner is independent of
District #3.
Ann Kalmbach questioned how the Town can spend the time to do the research that DEC has at their disposal.
Ed Maestro said that it
is not just the Planning Board and Town Board doing the research; we
will be hiring experts and working diligently to get the best resources
in country, not just the region.
Ann Kalmbach asked how
this would be paid for; Supervisor McDonough responded that Canopy would
be paying from an escrow account set up for consultants.
Ken Oldehoff stated that we have a better understanding of the area than the DEC Region people.
Councilman Minissali
asked if we can draw upon specialists if DEC takes Lead Agency;
Supervisor McDonough responded for anything that we have direct
authority over.
Ann Kalmbach stated that she has a lot to lose; they will virtually drive through her front yard.
Questions were asked
pertaining to how scoping sessions will be handled and how the
information will be disseminated; Planning Board and DEC would decide
process.
Supervisor McDonough
highlighted some local concerns: traffic, tax impact, schools, fire
services, EMT services, Board of Health and DEC issues are all local.
Councilwoman Greene referred to MOU (Memo of Understanding) which will forecast duties of each concerned agency.
Councilwoman Greene
thanked all those who put on the CHEFS dinner on Christmas Day,
especially Phyllis Noreen; it was a very enjoyable afternoon and it is
wonderful to know that the Community offers this to everyone.
2). RESOLUTION 01-2008-#3 Appointing Official Delegates for the NYS Association of Towns Annual Training.
The resolution named Supervisor Patrick McDonough as delegate and Councilman Kenneth Cluen as the Alternate Delegate.
A motion was made by Supervisor McDonough to adopt the resolution; seconded by Councilman Gallagher. Roll Vote:
Councilwoman Greene Yes
Councilman Cluen Yes
Councilman Gallagher Yes
Councilman Minissali Yes
Supervisor McDonough Yes
3). RESOLUTION 01-2008-#4 Authorizing Bus Transportation to the NYS Association of Towns Training Conference.
A motion was made by Supervisor McDonough to adopt the resolution; seconded by Councilman Cluen. Roll Vote:
Councilwoman Greene Yes
Councilman Cluen Yes
Councilman Gallagher Yes
Councilman Minissali Yes
Supervisor McDonough Yes
4). RESOLUTION 01-2008-#5 Authorizing Travel Allowances for Attendees to the NYS Association of Towns Training Conference.
A motion was made by Supervisor McDonough to adopt the resolution; seconded by Councilwoman Greene. Roll Vote:
Councilwoman Greene Yes
Councilman Cluen Yes
Councilman Gallagher Yes
Councilman Minissali Yes
Supervisor McDonough Yes
5). Annual Lease Renewal for Assessor’s Office. The lease will run from January 1, 2008 to December 31, 2008 at the annual rent of $9,000.00 ($750.00) per month.
A motion was made to extend the lease by Councilman Cluen; seconded by Councilman Gallagher. Roll Vote: 5 Yes.
6). Renewal of the
Contract with Evolution Technologies for computer services at an annual
fee of $2,400.00 ($200.00 per month); he has eliminated the number of
hours (now unlimited); Supervisor also wanted Silas Whittaker informed
that there is an additional computer at the Community Center to be
serviced. Councilman Minissali has concerns about back-up issues with that particular computer, it does not reboot after power failures
A motion was made by Councilwoman Greene to renew the Contract with Evolution Technologies; seconded by Councilman Minissali. Roll Vote: 5 Yes.
AUDIT OF BILLS:
GENERAL FUND VOUCHER’S #17-43 TOTALING $16,041.22
HIGHWAY FUND “ #4-8 “ $ 2,341.65
SEWER FUND “ #3-9 “ $ 3,604.93
WATER FUND “ #3-8 “ $ 2,894.40
A motion was made by Councilwoman Greene to pay the vouchers; seconded by Councilman Cluen. Roll Vote: 5 Yes.
A motion was made by Councilwoman Greene to adjourn at 8:58 p.m.; seconded by Supervisor McDonough. Roll Vote: 5 Yes.
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