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TOWN OF ROSENDALE WORKSHOP/ TOWN BOARD MEETING
PUBLIC HEARING - LOCAL LAW #4 -FLOOD DAMAGE PREVENTION REGULATION
AUGUST 12, 2009
The meeting was called to order at 7:00 pm by Supervisor McDonough at the Rosendale Community Center with the Pledge to the Flag.
PRESENT: Councilman Kenneth Cluen
Councilman Robert Gallagher
Councilwoman Manna Jo Greene
Councilman Richard Minissali
Supervisor Patrick McDonough
ALSO PRESENT: Shannon LaFrance (town land use attorney), Planning Board Members - Joe Havranek,
Randi Morf, Fred Greitzer, Jeanne Walsh, and Clerk Leslie Treut,
Environmental Comm.- Jennifer Metzger & Joan Maylie, Tom Foire
(Building Inspector)
Andy Buboltz (acting Police Chief) and 2 Officers, and newly appointed Water/Sewer Comm. Member John Maylie.
PETITIONS: No Petitions were presented.
PUBLIC COMMENT: Supervisor McDonough asked for any public comment.
Bill Tuel just wanted
to say that the town was lost a good store with the closing of Rosendale
Hardware and wanted to wish them well.
Fred Greitzer wanted to
know if now that the county has the light working on Creek Locks Rd.
are they not going to do anything with the road. He wanted to know if
the town could get the county moving on it. Supervisor McDonough say he
talked with the Highway Superintendent Carl about asking the county to
make it no truck traffic. He said he has been down to look at the road a
number of times and sees the change with each storm.
Susan Boice Wick
mentioned she left a letter & map for each of the board members at
town hall on Friday and wanted to know if they got it. Supervisor McDonough said that he made copies of each and put it in the board members folders.
MINUTES OF PREVIOUS MEETINGS: A motion was made by Councilman Gallagher to except the minutes of the July 8th and July 28th meetings; seconded by Councilman Minissali. Roll Vote: 5 Yes.
COMMITTEE REPORTS: Councilwoman Greene stated she missed Planning Board meeting but that the minutes were on file; Joe Havranek
stated that Wildrose was just waiting on final approval. ZRC moving
along. Councilman Gallagher reported that Rec Commission is as normal,
Highway has resolution tonight to purchase bucket truck. Councilman
Cluen said that the Youth meeting was canceled, Environmental Comm.
Discussed the Flood Damage Prevention Regulations.
The Transfer Station is doing a good job like always, just sold off
alum. Supervisor McDonough said that him, Heidi and Kathy figured out
that before the pool opens each day 300 people have used it daily.
Councilman Minissali reported the ZBA minutes on file and Water &
Sewer doing fine.
CORRESPONENCE: On file.
SUPERVISOR’S FINANCIAL REPORT: Supervisor McDonough read the ending balances for July 2009; report on file with Town Clerk.
APPOINTMENTS /
RESIGNATIONS : Motion by Councilwoman Greene to hire Erik VanGaasbeck as
a Recreation Aid to fill a vacancy, seconded by Councilman Minissali.
Roll Vote: 5 Yes.
Motion by Councilman Minissali to appoint John Maylie to the Water/ Sewer Commission, seconded by Councilman Cluen. Roll Vote: 5 Yes.
Motion by Councilman
Gallagher to except the resignation from the ZRC from Dierdre McCluskey,
seconded by Councilwoman Greene. Roll Vote: 5 Yes.
1) ANNOUNCEMENT: Still need Recreation Commissioner, Alternate for Planning Board, and KAPA member.
2) PUBLIC HEARING: The
Deputy Town Clerk read the Notice of Public Hearing for Flood Damage
Prevention Regulation - Local Law No.4. Shannon LaFrance addressed the
board and others by telling them that this has to be filed as is by
August 25, 2009 with DEC. Councilwoman Greene said let me state that I
feel RUSHED and wish that we had time to get input on this because some
people have come forward with good questions and concerns. Shannon sated that if we don’t get this back by August 25th and finalized by Sept. 25th
then 38 families in the town will loss their flood insurance. She
stated we need to pass now and amend later. Councilwoman Greene wanted
to know if there were changes we wished tonight can we do anything. The
answer was no from Shannon this has to
go as is. Supervisor McDonough said he is committed to taking comments.
John Maylie said it needs to go to state why is DEC in middle,
Department of State is where it gets Certification. Joe Roddy asked if
we don’t file by deadline what would happen, Shannon
explained again 38 families would loss their insurance coverage. Tom
Foire explained the maps and said you can not just pick out properties
because they are satellite maps. Ken Walsh wanted to know if the town
sent certified mail to the 38 flood residents, because the town
regulations say if you are changing the zoning in any area you most
notify the people in effects. Supervisor McDonough said it only would
change 3 residents and no they were not notified of the meeting. Joe Havranek
stated that the Comprehensive Plan says we should reach out to people
involved. Supervisor McDonough said we need to pass this tonight and
start an ADHOC committee to revise it later, must make the deadline.
Councilwoman Greene said the Planning Board could help identify the
property owners this will affect. Joan Maylie asked if Councilwoman
Greene knew how many in flood plains, she did not know. Joe Havranek
asked to read in to record a statement of concerns from the planning
board and will have hard copy to town clerk’s office tomorrow. Most
important is that a sample of application and Certificate of Compliance.
be attached to the law. Escrow to cover any cost building inspector may
have for expects, if needed. Environmental Commission Chair Jennifer
Metzger said you have our comments in writing. Joe Roddy wanted to know
the town did not start earlier with this, so the public could make
comments. Councilwoman Greene said maybe we can have some informational
meetings. Joan Maylie was worry because of the wording she can not fill
in areas on her property just to stay level. Filling & Grading are
not allowed. John Maylie handed in a statement of his concerns. Jennifer
Metzger wanted to know where this comes in with a site plan, both
Jeannie Walsh and Joe Havranek said it does not. Fred Greitzer said speaking for myself this is lousy. Councilman Cluen wanted to nominate Joe Havranek, John Maylie, and Jennifer Metzger to come together and amend the law before the next meeting. Joe Havranek
was concerned because the way the law is written you can not maintain
your property, mowing, weeding, etc., handed in a statement. Motion
by the Supervisor to close the public hearing at 8:32 pm, seconded by
Councilman Gallagher & Councilman Minissali. Roll Vote:
Councilman Cluen
Yes
Councilman Gallagher Yes
Councilwoman Greene Yes
Councilman Minissali
Yes*
Supervisor McDonough
Yes
*Councilman Minissali wanted it noted that he does not approve of DEC pressure for passage.
3) Discussion:
Bloomington Fire Company Budget Meeting: Supervisor McDonough sated that
the town needed to set a date for an informational meeting with the
Bloomington Fire Company to go over the budget for the next 3 years. The
board requested copy of the purposed expenses and also income
statements for what they get from other towns. They also requested
previous detailed budgets. Date for the meeting was set for Wednesday,
Sept. 16, 2009 at the Bloomington Fire House.
4) RESOLUTION 08-2009-#1 - Authorizing the issuance of $40,000 Serial Bonds of the Town of Rosendale to pay the cost of the Rosendale Sewer Improvements of the Town of Rosendale. The motion made by Supervisor McDonough, seconded by Councilman Cluen. Roll Vote:
Councilman Cluen
Yes
Councilman Gallagher Yes
Councilwoman Greene Yes
Councilman Minissali
Yes
Supervisor McDonough
Yes
5) RESOLUTION 08-2009-#2 -
Authorizing Supervisor to negotiate with Verizon Wireless for cellular
telephone service. Motion made by Supervisor McDonough, seconded by
Councilman Gallagher. Roll Vote:
Councilman Cluen
Yes
Councilman Gallagher Yes
Councilwoman Greene Yes
Councilman Minissali
Yes
Supervisor McDonough
Yes
6) RESOLUTION 08-2009-#3 -
Request for purchase of Highway Equipment. The Town of Rosendale
Highway Department has a need to replace a 1982 Ford bucket truck with
the money to come from Capital Reserve and DA 5130.2. The cost of the
truck to run $10,000 to $15,000. Motion by Supervisor McDonough,
seconded by Councilman Gallagher. Roll Vote:
Councilman Cluen
Yes
Councilman Gallagher Yes**
Councilwoman Greene Yes***
Councilman Minissali
Yes*
Supervisor McDonough
Yes
*Councilman Minissali
said as long as they keep the 1982 going as long as possible.
**Councilman Gallagher said it is not possible because it can no longer
pass cert., ***Councilwoman Greene reminded everybody there is money if
you go green with your vehicles.
7) RESOLUTION 08-2009- #4 -
Authorizing Gerald Caliendo and John Metsger, Electric Inspectors, to
Conduct Business in Rosendale. There is a need for Electric Inspectors
in the town since the New York Board of Fire Underwriters is going out
of business. Motion by Supervisor McDonough, seconded by Councilwoman
Greene. Roll Vote:
Councilman Cluen
Yes
Councilman Gallagher Yes
Councilwoman Greene Yes
Councilman Minissali
Yes
Supervisor McDonough
Yes
Tom Foire stated we have 5 companies in town which is good because it keeps permits moving along.
8) RESOLUTION 08-2009-
#5 - Authorizing adoption of Local Law No.4 of 2009 by the Town Board of
the Town of Rosendale Repealing section 75-27 “Flood Damage Prevention
Regulations of the Town of Rosendale Code and replacing it with a new
section 75-27 entitled “Flood Damage Prevention Regulations” that
complies with changes to the Federal and State Flood Management Programs
and allows residents to continue to purchase and/or renew flood
insurance policies. Motion by Supervisor McDonough, seconded by
Councilman Gallagher.
Jeannie Walsh asked
about attaching samples of application & certification of compliance
to the law. Motion by Supervisor McDonough, seconded by Councilman
Minissali, Roll Vote:
Councilman Cluen
Yes
Councilman Gallagher Yes
Councilwoman Greene Yes
Councilman Minissali
Yes
Supervisor McDonough
Yes
Resolution Roll Vote:
Councilman Cluen
Yes
Councilman Gallagher Yes
Councilwoman Greene Yes
Councilman Minissali
Yes
Supervisor McDonough
Yes
9) EXECUTIVE SESSION:
enter into executive session at 8:53 pm to discuss possible promotion of
particular employee. Motion by Supervisor McDonough, seconded
Councilwoman Greene, Roll Vote: 5 Yes.
Return from executive
session at 9:40 pm decision reach to hire Joshua Caliendo to the
position of full time police officer, with a 6 month probation.
Councilman Minissali departed the meeting at 9:43 pm. prior to audit of bills.
AUDIT OF BILLS ABSTRACT #8 :
GENERAL FUND VOUCHER’S #694-797 TOTALING $46,803.59
HIGHWAY FUND “ #153-173 “ $12,152.96
SEWER FUND “ #101-119 “ $ 7,670.83
WATER FUND “ # 97-112 “ $ 3,283.07
SPECIAL LIGHTING “ # 25- 27 “ $ 2,027.27
Motion to pay bills by Councilwoman Greene, seconded by Councilman Gallagher. Roll Vote: 4 Yes.
Motion to adjourn by Supervisor McDonough, seconded by Councilman Gallagher. Roll Vote: 4 Yes.
Respectfully submitted,
Debra Tierney, Deputy Town Clerk
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