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JULY 13, 2010


            The meeting was called to order by Supervisor McDonough at 6:04 pm at the Rosendale Community Center with the Pledge to the Flag.


            PRESENT:       Councilman Robert Gallagher

                                    Councilwoman Manna Jo Greene (arrived at 6:12 pm)

                                    Councilman Kenneth Hassett

                                    Councilman Richard Minissali

                                    Supervisor Patrick McDonough

ALSO PRESENT: Deb Tierney, Fred Greitzer, Ken Oldehoff, Nick Mercurio, Jack Snyder, Jennifer Metzger, Tim Morrison, Ann Citron all Town of Rosendale employees or commission/committee members; a dozen residents and representatives of “Birchez Associates” and “Ulster Rural Preservation” (RUPCO).


Supervisor McDonough welcomed both presenter groups and the public for coming for the presentation of development proposals for the Town owned Creek Locks Road property.



Supervisor McDonough acknowledged Steve Aaron, President of Birchez Associates as the first presenter; Mr. Aaron introduced members of the “Birchez” team and some insight and history of his company.  Mr. Aaron stated that they are “open to all ideas and viable alternatives to their proposal” from the Town and from the public through the charrette process and that they have further enhanced the plans since the proposal was submitted; an additional handout was provided to the Town Board members and the Town Clerk.

Judith Calogero, development & housing consultant, recommends reuse of the Tillson School for the purposes of fulfilling the “new town hall” part of the proposed project. The sewer plant upgrade is a main consideration for the whole project;  if upgrade is not made there is a loss of developable land on the parcel due to set backs, 500 feet without the upgrade, but only 200 feet if completed.  By utilizing the Tillson School the site could accommodate 72 units (40 units for seniors, 32 townhouses for low income working); these ideas could be taken to the community to see what parts work.

Nadine Shadlock, attorney for the project, stated that the school renovation approach is a “great legacy opportunity” since the building is masonry in construction and is great condition and would have an infinite life if properly maintained; it would cost less to renovate than to create a new structure, wood frame built, which would only have a life expectancy of 50 years.  Ms. Shadlock stated that they have a party interested in providing a line of credit or bonds and that occupancy could be guaranteed in 8-12 months from acquisition.  Ms. Shadlock further noted that the property appears to have no DEC wetlands but does have a high water table for which they would not recommend having basements in the buildings; if the town hall were to be built on the parcel it would create more impervious surfaces and would eliminate the units available for homeownership.  The wastewater (sewer) plant upgrade would be front and center to accomplish the project; Birchez would pay a certain level toward accomplishing this goal; the Town Board would go through the process to find the best grant writer and engineer (Birchez would pay those engineering expenses and the 10% gap between the grant and the cost).  A back up water supply using the well would wipe out another 3 acres from the build-able land.

Judith Calogero stated that financing would be tailored to the Town’s finances; Birchez has the resources to fund the predevelopment costs; they have debt and equity for tax credits already underwritten; there would be no funding gaps. Ms. Calogero stated that they would be ready for 2011/2012 when the next funding cycle opens depending upon the wastewater upgrade; financiers want “high yield, low risk”.

At 6:55 pm Supervisor McDonough opened a question and answer period for Town Board members; he asked if the set back from the sewer plant was “set in stone”; Ms. Shadlock stated that according to DEC ENCON the pre-improvement set back is 400-500 feet but would be reduced to 200 feet post-improvement.

Councilman Hassett asked how the town hall would be funded; response was that Birchez has a bank that would buy the bonds.  Councilman Hassett stated that the Town is “poor and can’t afford to paint the current town hall let alone go for bonds of $1-$2-$3 million dollars; he also asked if they were seeking a PILOT (payment in lieu of taxes) agreement; the response was that there is an amendment to Real Property Law that allows a 581A to be used versus the PILOT which uses a specified formula based on net operating income to set an assessment.  A 581 is required by law from the assessor if requested by negotiation and is an option open for discussion.

Councilman Gallagher stated that basically “we want everything for nothing”; we have some capital reserve funds but have four (4) town projects competing for the same money.

Mr. Aaron readdressed the acquisition of the Tillson School property stating that the cost now would be less than it was 5 years ago and the Kingston School District would probably be more willing to negotiate since the property is deteriorating and has been vandalized; they are looking to lessen their liabilities; the cost to the Town for the renovations could be spread over 10, 20, 30 years.


Supervisor McDonough closed the question and answer period and thanked Birchez representatives for coming and airing their proposal.



Supervisor McDonough introduced Kevin O’Connor, Executive Director of RUPCO who proceeded to show a short film describing the function of RUPCO. A Power Point presentation followed with the introduction of members of the assembled team for this proposed project.

The proposal for the new town hall is a two (2) story building with basement.

Proposals for upgrading the wastewater plant included investigating heat recovery and using photovoltaic systems; financing could be through the USDA.

The presentation included “Buttermilk Falls” in Ellenville which received an Energy Star  rating and was partnered with NYSERDA.

At 8:50 pm Supervisor McDonough opened question and answer period for Town Board members.

Supervisor McDonough asked about funding for preliminary studies and the charrette process; Guy Kempe, Director of Community Development, responded that a $30,000.00 grant would get the studies started and for the charrette process.

Councilwoman Greene addressed the LEED certification and the importance it has which  Birchez has obtained; Mr. O’Connor responded that Woodstock Commons has been submitted for LEED certification and that it is a very expensive certification to obtain.  Ms. Greene also asked about selection of planners and architects; Mr. O’Connor responded that those selections are open and that “if they are less expensive, they are in”.

Councilman Gallagher questioned the setback issues for the wastewater plant; response was that DEC sets the criteria; Mr. Gallagher stated that he was pleased with the presentation of additional sewer plant options.

Councilman Minissali questioned RUPCO’s commitment to the charrette process; they responded that they are totally committed to the process.


Supervisor McDonough closed the presentation and the meeting at 9:12 pm and thanked everyone for their participation tonight and that there will be more meetings to which the public will be able to participate.


                                                                                    Respectfully submitted,



                                                                                    Joan S. Jordan

                                                                                    Town Clerk