WORKSHOP/TOWN BOARD MEETING
The meeting was called to orderby Supervisor McDonough at 7:05 pm at theRosendaleCommunityCenterwith the Pledge to the Flag.
PRESENT:Councilman Robert Gallagher
Councilman Richard Minissali (7:15pm)
Councilman Kenneth Cluen (7:25pm)
ALSO PRESENT:Dave Massimi, Code Enforcement; BillyLiggan, Fred Greitzer,
Planning Board; Jennifer Metzger, RCCE; andabout 20 residents.
Chris Beall asked if he couldpresent a couple of questions regarding
HRVR,LLC; his concern was about thezoning change and SEQRA and if they
could legally be lumped together as theywere presented in the original
application. Supervisor McDonough said that the zoning change and the
SEQRA must beconsidered together and cannot be separated. All concerns
can and will be addressed during the pubic scoping sessionof the SEQRA
process; Councilwoman Greene interjected that in addition to thescoping
session if a change in zoning is considered, a public hearing must
takeplace during that part of the process which allows for additional
asked when and how will the hearings be announced; Supervisor
McDonoughstated that it will be in the newspaper as a legal notice as
required by law, hewill have it on the Town website and it will be
posted around Town.
FredGreitzer said that he understands that DEC only plans to have one (1) scopingsession in Rosendale.
told the Board that the freezer in the Community Center is broken;
theSenior¡¦s had their Ice Cream Social this afternoon and the ice
creammelted. Supervisor McDonough said thatthe freezer is not plugged in
until it is needed; Chicky said it is broken andthat Ed Connolly had
looked at it and the fan is bent; he could fix it tomorrowat no charge;
Supervisor McDonough stated that he would have to check thewarrantee as
if an uncertified tech worked on it the warrantee if still ineffect
would become void.
1.Sat., July 12th- Roof Tile Personalization, Rosendale Library, 10 amto 1 pm.
2.Tues., July 15th- Roof Tile Personalization, Rosendale Library, 6 pmto 8 pm.
3.Sat., July 19th&Sun.., Jul 20th-Rosendale StreetFestival
4.Thurs., July 24th- Rabies Clinic,RondoutValleyAnimals for Adoption, 6 - 8 pm($5).
5.Wed., Aug. 13th- Town Board Meeting, 7:00 pm at Community Center (NOWORKSHOP MEETING IN AUGUST)
PRIOR MEETINGS: Supervisor McDonough asked if everyone had a chance to
reviewthe minutes; two typographical errors were noted in the draft copy
and had beenchanged.
Amotion by Supervisor McDonough to accept the minutes of June 4thandJune 11thwas seconded by Councilwoman Greene. Roll Vote: 4 Yes; Councilman Minissaliabstained.
Councilwoman Greene reported that the Planning Board met and gave
anegative declaration for the Wild Rose Subdivision Project; she was
unable toattend the meeting.
CouncilmanGallagher noted that the minutes of the Recreation Commission are on file andthey are very busy, the pool is open.
reported that the ZBA received a new application from Dr. Aleo for
asignificant variance. SupervisorMcDonough noted that the ZBA had
requested and received a copy of the contractbetween the Rosendale
Water/Sewer District and Dr. Aleo to be added to theservice. Councilman
Minissali asked thatthe Environmental Commission (RCCE) be consulted to
see if there are wetlandsinvolved in the project. It was alsonoted that
the Water/Sewer Commission is still short a member and are
seekingvolunteers; they were able to hold a meeting in June as they had a
quorum. Supervisor McDonough stated that theWater/Sewer Commission will
soon be requesting a rate increase and definition of¡§unit¡¨ again for
billing purposes; they would also like to have a leaseagreement for the
Creek Locks Road property so they can get started onexpansion.
SUPERVISOR¡¦SFINANCIAL REPORT: Supervisor McDonough read the end balances for June. The report is on file with the TownClerk.
McDonough reported Joseph Nuzzo, part-time police officer, hasresigned
his position to take a full-time position with the Middletown
PoliceDept.; though he was only with us a short time we wish him well.
was made by Councilwoman Greene to accept the resignation of Joseph
Nuzzoas a part-time police officer; seconded by Councilman Minissali.
Roll Vote: 4 Yes, Councilman Cluenabsent.
1. Announcement - Applicants are being soughtfor the Zoning Board of Appeals.
2. Announcement - Applicants are being soughtfor the Water/Sewer Commission.
Announcement - A letter of decision from theDEC Commissioner Grannis
was received bythe Planning Board and the Supervisor; the decision is
that Lead Agency will beDEC Region 3 for the SEQRA Review process on the
Hudson River Valley Resortproject.
- Revisit of the request for a ¡§No¡¨ vote on the HRVR Zoning
Coderevision by Save the Lakes (STL). PeterFiorantino, representing the
steering committee of Save the Lakes, again askedthat the Town Board
vote ¡§no¡¨ on the application of HRVR for a zoning changein response
the STL petition they recently presented to the Town Board. Supervisor
McDonough responded that theopinion of two attorneys that represent the
Town, and an attorney with theAssociation of Towns was that the Town can
not take any action, affirmative ornegative, on the matter at this
time; since the application for the zoningchange and subdivision and
site plan were all presented together they can not beseparated (this
would constitute segmentation). Mr. Fiorantino stated that the opinion
of STL attorney James Bacon wasthat this could be voted on and they
request that our attorney meet with Mr.Bacon; Supervisor McDonough
stated that he does not feel the need for ourattorney to meet with Mr.
Bacon but he would entertain Mr. Bacon¡¦s opinion andforward to Ms.
Christiana (attorney for the Town). Mr. Fiorantino said that he felt
that thezoning change goes beyond the HRVR project and he does not see
how it can belegal or them to ¡§bundle¡¨ the applications; Supervisor
McDonough willreiterate that opinion to our attorney. Councilman
Minissali asked the Supervisor if this was a fiscal matter;Supervisor
McDonough responded that it was not. Councilwoman Greene stated that all
zoning changes that come before theTown Board are for specific projects
and this one is no different. Supervisor McDonough commented that if
theTown Board was to vote ¡§no¡¨ it would relinquish control of the
project. Councilman Minissali stated that this is justa text change
(wording); Supervisor McDonough responded that whether or not thisis
just a change in text, the Town Board is compelled to follow the Town
Codeprocedure and hold a public hearing on the proposed change.
Councilman Minissali stated that he spokewith Joe Eriole, attorney for
HRVR, and he said that the Town Board couldcontinue to do research on
the matter but take no action. Billy Liggan, Planning Board Chairman,
statedthat there were at least four or five separate action that will
take placeduring the process which will require public hearings where
public comment willbecome an important part of the process. Councilman
Gallagher stated that he does not think each phase of theprocess will
require a separate SEQRA hearing, he feels that the DEC review asLead
Agent will cover all phases; Supervisor McDonough stated that he will
seeklegal clarification on the matter.
- Flood Control Mowing. Supervisor McDonough stated that he received a
letter of concernregarding the nesting of RedwingBlackbirds in the flood
control area behind Stewart¡¦s; the person felt that wemow before the
young have left the nest. Supervisor McDonough stated that Carl
Hornbeck, Highway Superintendent,does the mowing under the strict
supervision of DEC, they tell him when he cancut and he has even waited
slightly longer before beginning the mowing.
a member of the Environmental Commission, brought up the subject
offlood mitigation along the Rondout Creek channel; she had conversation
with AnnRiley of ................. who gave the suggestion that the
railroad bridge beremoved and Trish Aspenwald of the Army Corps of
Engineers suggested that morebrush and tree removal would help reduce
the constriction of water flow. Councilwoman Greene said she felt
thesituation should be managed by revising the current flood control
plan which wasformulated in 1969 between the Town of Rosendale and the
Army Corps of Engineerswhen the project maintenance was turned over to
the Town; it should proceed withcommunity input and recommendations.
-UlsterCountyMulti-jurisdictional HazardMitigation Plan. UlsterCountyis
formulating a county wide planfor the mitigation of both natural and
man-made hazards so that when moneybecomes available our needs will be
ready. Art Snyder, UC Emergency Manage-ment Director, is responsible
forformulating the plan; information is available on their website. Mr.
Snyder hascomplimented the Town for the volunteer services ofJoe Havranek, the most involved member.
Lastnight (July 8th) Central Hudson
hosted an informational meeting attheRosendaleCommunity
Centerabouttheir emergency plan for their Sturgeon Pool Dam. They have
improved the safety of the dam bypinning into the bedrock. They
advisedthat anyone can sign up to receive emergency bulletins by signing
up on line orby text messaging to their cell phone.
- MS4 Annual Report. DaveMassimi, Rosendale Code Enforcement Officer,
who is responsible for our MS4compliance stated that the annual report
has been filed even though it was alittle late. We have received high
marksfor training all our water/sewer and highway employees during the
the Purchase ofHighway Equipment. HighwaySuperintendent, Carl Hornbeck,
has need to purchase a new 5-7 yard dumpbody. After receiving three
quotes, hisrecommendation is to purchase from Hudson River Truck and
Trailer ofPoughkeepsie for $5,835.00 which will be paid from the Highway
Dept. annualequipment budget.
Amotion was presented by Supervisor McDonough to adopt the resolution; secondedby Councilman Gallagher. Roll Vote:
the Fee Schedule forMarriage Licenses. The Town Clerk hasproposed
amending the fee schedule for marriage licenses to comply with NYSDept.
of Health jurisdictional consistency. The fee will change from the
current $35.00 to $40.00 and will becomeeffective immediately.
Amotion was presented by Supervisor McDonough to adopt the resolution; secondedby Councilman Cluen. Roll Vote:
Copier ServiceAgreement with Atlantic Business. The resolution is for
copier service for theTown Hall machine from April 17, 2008 through
April 16, 2009 in the amount of$630.00.
Amotion was made by Supervisor McDonough to adopt the resolution; seconded byCouncilman Gallagher. Roll Vote:
11.RESOLUTION -07-2008-#4Authorizing Copier ServiceAgreement with Atlantic Business.
is for copier service for theJustice Courtmachine in the amount
of$840.00 for the period from May 20, 2008 through May 19, 2009.
Amotion was presented by Supervisor McDonough to adopt the resolution; secondedby Councilwoman Greene. Roll Vote:
12.RESOLUTION -07-2008-#5Authorizing Copier ServiceAgreement with Atlantic Business.
is for service to the machine in the Building Dept. for the periodfrom
April 28, 2008 through April 27, 2009 at a cost of $882.00.
Amotion was made by Supervisor McDonough to adopt the resolution; seconded byCouncilman Minissali. Roll Vote:
13.RESOLUTION -07-2008-#6In Support of a GrantApplication forTown of RosendaleJustice Court.
The resolution allows theJustice Courtto apply to the JCAP Grantthrough
the NYS Unified Court System for a grant of up to $30,000.00 without
theneed for matching funds from the Town ofRosendale.
Amotion was presented by Supervisor McDonough to adopt the resolution; secondedby Councilman Cluen. Roll Vote:
Greitzer, Planning Board member, requested that the Town Board approve
therecent two (2) hour Health Dept.training course taken by Planning
Board members qualify as part of the mandatory yearly training for
FredGreitzer, Billy Liggan andJoeHavranek.
was made by Supervisor McDonough to approve the training as
fulfillingtwo (2) hours credit toward the required training for Planning
Boardmembers. Roll Vote: 5 Yeses.
asked if signs in the outlying areas advising about the
bridgeconstruction could say ¡§single lane¡¨; Supervisor McDonough said
that he wouldcheck with DOT.
quoted from the August 2000 minutes related to a traffic
advisorycommittee being formed; he reiterated that this committee should
be formednow. Supervisor McDonough stated that hewill keep
communicating with the Rosendale Police, Ulster County Sheriff and
theNYS Police regarding traffic problems related to the bridge rehab.
GENERAL FUND VOUCHER¡¦S #632-723 TOTALING $45,836.68
HIGHWAY FUND ¡§ #130-160 ¡§ $ 9,461.74
SEWER FUND ¡§ # 99-114 ¡§ $ 4,585.69
WATER FUND ¡§ # 92-107 ¡§ $ 3,757.24
CAP. RES. HIGHWAY ¡§ # 1 ¡§ $45,029.00
SHWANGUNK REG. PART. #2-3 ¡§ $ 247.54
Amotion was made by Councilman Minissali to pay the vouchers; seconded byCouncilwoman Greene. Roll Vote: 5 Yeses.
Amotion was made by Councilman Cluen to adjourn at 8:50 pm; seconded byCouncilman Minissali. Roll Vote: 5 Yeses.
Joan S. Jordan