ROSENDALETOWNBOARD                                                     DRAFT

WORKSHOP/TOWN BOARD MEETING

JULY 9,2008

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

PRESENT:Councilman Robert Gallagher

CouncilwomanManna JoGreene

Councilman Richard Minissali (7:15pm)

Councilman Kenneth Cluen (7:25pm)

SupervisorPatrickMcDonough

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

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

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

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

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

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

COMMUNITYEVENTS:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Councilman CluenYes

Councilman GallagherYes

Councilwoman GreeneYes

Councilman MinissaliYes

Supervisor McDonoughYes

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

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

Councilman CluenYes

Councilman GallagherYes

Councilwoman GreeneYes

Councilman MinissaliYes

Supervisor McDonoughYes

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

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

Councilman CluenYes

Councilman GallagherYes

Councilwoman GreeneYes

Councilman MinissaliYes

Supervisor McDonoughYes

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

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

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

Councilman CluenYes

Councilman GallagherYes

Councilwoman GreeneYes

Councilman MinissaliYes

Supervisor McDonoughYes

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

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

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

CouncilmanCluenYes

CouncilmanGallagherYes

CouncilwomanGreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

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

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

CouncilmanCluenYes

CouncilmanGallagherYes

CouncilwomanGreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

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

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

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

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

AUDITEDOF BILLS:

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

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

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

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

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

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

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

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

Respectfully submitted,

Joan S. Jordan

Town Clerk