TOWN OFROSENDALE                                                        DRAFT

TOWN BOARD MEETING/PUBLIC HEARING(CONT.)

APRIL 9,2008

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

PRESENT:Councilman Kenneth Cluen

CouncilwomanManna JoGreene

SupervisorPatrickMcDonough

ABSENT:Councilman Robert Gallagher

Councilman Richard Minissali

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

PETITIONS: No petitions were presented

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

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

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

COMMUNITY EVENTS:

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

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

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

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

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

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

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

COMMITTEE REPORTS:

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

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

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

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

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

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

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

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

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

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

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

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliAbsent

SupervisorMcDonoughYes

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

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

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

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

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

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

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

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

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliAbsent

SupervisorMcDonoughYes

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

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

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliAbsent

SupervisorMcDonoughYes

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

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

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliAbsent

SupervisorMcDonoughYes

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

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

Councilman CluenYes

CouncilmanGallagherAbsent

Councilwoman GreeneYes

CouncilmanMinissaliAbsent

SupervisorMcDonoughYes

AUDIT OF BILLS:

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

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

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

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

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

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

Respectfully submitted,

Joan S. Jordan

Town Clerk