ROSENDALE TOWN BOARD
TOWN BOARD MEETING &
PUBLIC INORMATIONAL – CREEK LOCKS COMMONS
AUGUST 11, 2010
The meeting was called
to order by Supervisor McDonough at 7:04 pm at the Rosendale Community
Center with the Pledge to the Flag.
PRESENT: Councilman Robert Gallagher
Councilwoman Manna Jo Greene
Councilman Richard Minissali
Supervisor Patrick McDonough
EXCUSED: Councilman Kenneth Hassett
ALSO
PRESENT: Billy Liggan, Fred Greitzer, Nick Mercurio of the Planning
Board; Terry Johnson, Jack Snyder of the W/S Dept.; Tim Morrison and
about 50 residents.
PETITIONS: There were no petitions presented.
COMMENTS: Jack Snyder
addressed the Board about the continuing noise from a private party on
Main Street after the Street Festival. He
stated that after two days and 71 bands he did not see the need for
someone to have a private party with amplifiers that continued until
between 10 and 11 pm on Sunday evening. Supervisor
McDonough replied that it seems to be an enforcement problem; Jack
asked about a noise meter; Supervisor stated h knows there is one
because Chief Soule talked to him about it. Supervisor McDonough does not know why the meter was not used.
Joan Ryan asked about
the Tillson School becoming town hall; Supervisor McDonough replied that
topic is coming up during the proposed Creek Locks development
discussion.
Chris Beall thanked
the Supervisor and anyone else who achieved getting the agenda on line
right away and updating it until the meeting.
Tim Morrison noted
that DOT has dumped road material next to the road on Rte. 32 between
Phyllis Noreen’s property and Alberts Lane; it looks terrible and has
led to others dumping yard waste there. Supervisor
McDonough replied that DOT is probably putting the fill on their
highway right of way; Phyllis Noreen stated that property belongs to
Ulster County and perhaps they should be notified. Tim said that a lot of the debris that was dumped came from the sidewalk project here in Rosendale.
Billy Liggan thanked everyone for making the Street Festival another success.
Glenn Debrosky asked
if anything is being done about revising the dog ordinance; he brought
the subject up last year about owners cleaning up after their pets; even
in doing so the law seems to indicate that they would be in violation. Supervisor
McDonough responded that enforcement of the law allows for some degree
of discretion as to whether or not the law would require citing the
owner if they clean up after their pet. Supervisor
McDonough asked the Board if they wanted to change the existing law;
they seemed to agree that there is a certain amount of discretion but
would advise having the attorney for the town look at the Local Law and
make her recommendation.
Susan Wick stated that
she had reviewed the abstracts and contracts for the property on
Mountain Road which the Town sold to Open Space Conservancy and in her
opinion the Town sold property belonging to the Larsen’s. Supervisor McDonough replied that Mr. Larsen is aware of the situation and is working with the assessor on the matter.
Brett Hansen asked
about the status of the Joppenburgh property; he wants to buy it and
erect an amphitheatre but was told that it is tied up with the Open
Space Conservancy and the Town at this time. Supervisor
McDonough replied that the property consists of roughly 117 acres and
is owned by many shareholders who have expressed a desire to keep it
recreational; Open Space has been negotiating with the owners and has
spoken of eventually turning it over to the Town. Mr. Hansen asked that he receive copies of correspondence about negotiations.
MINUTES OF PRIOR MEETINGS: Town
Clerk Joan Jordan noted that a change to the draft minutes has been
made at the top of page 2; “major defects in the deed” has been changed
to “major defects in the title”; also next paragraph “Bill Tuel” is
changed to read “Chris Beall took umbrage”.
A motion was made to accept the minutes of July 14, 2010 by Councilman Gallagher; seconded by Councilman Minissali. Roll Vote: 4 Yes; 1 Excused.
COMMITTEE REPORTS: Councilwoman
Greene stated that she missed the last ZRC meeting due to her vacation;
Councilman Minissali attended in her absence; he reported that
discussion was primarily about “constrained lands”; the next meeting is
on August 19th at 7:30pm; the ZBA will be meeting this month. Ms.
Greene reported that the Planning Board discussed the proposed zoning
changes, having the ability to cluster; proposed to be mandated, they
want it to be voluntary. An
application before the Planning Board from Cellco (Verizon) for siting a
tower on Davis Street is causing concern to Ms. Greene; 4-1/2 to 5
years ago Verizon applied for cell tower placement in Rosendale; Sand
Hill water tank was suggested and the Town Board recollects that they
asked Verizon for a report of deficits which to-date has not been
received. Supervisor
McDonough when the High Falls water tank was approved for antennas they
were to compare needs; nothing was ever received telling of the coverage
or if it would necessitate an additional tower; as of this date the
only site not considered is the Sand Hill water tank. Verizon
has chosen the Davis Street site (private property belonging to the
Bridge’s family) stating the Town Boards presumed lack of action but in
fact Verizon never provided the information. Ms. Greene wants the best site to be chosen whether Town owned or private property. It
was decided that the applicant should be informed “immediately” by
letter that the Town Board and the Rosendale Water Department be
considered interested agencies (parties).
A motion was made by
Councilwoman Greene authorizing the Supervisor to draft a letter to
applicant, Cellco (Verizon Wireless), naming the Town Board and the
Rosendale Water Department as interested agencies and asking for
comparison site data; seconded by Supervisor McDonough. Roll Vote: 4 Yes; 1 Excused.
Councilman Gallagher reported “its summer” all reports are on file with the Town Clerk.
Councilman Minissali wanted to commend the ZRC members for their dedication to the project. DFY has a full summer program which is running well. The Environmental Commission is reviewing the impact study on HRVR. The Water/Sewer Commission did not meet.
SUPERVISORS FINANCIAL
REPORT: Supervisor McDonough read the end balances for July 2010 and
stated that both the June and July reports are on file with the Town
Clerk.
APPOINTMENTS: Supervisor
McDonough stated that he and Tom Fiore conducted interviews for a
part-time code enforcement officer; their choice is Roger Rascoe who has
all the required certifications and is ready to start; his application
is on file.
A motion was made by
Supervisor McDonough to appoint Roger Rascoe as a part-time code
enforcement officer, 20 hours per week, at the rate of $12.50 p/h;
seconded by Councilman Minissali. Roll Vote: 4 Yes, 1 Excused.
Supervisor McDonough
announced volunteers for the Climate Smart Community Task Force which
was adopted by resolution in June 2010. The
appointees are: Jennifer Metzger, Manna Jo Greene, Laura Ebert, Sarah
Charlop-Powers, Jessica Barry; Jamaine Bell and Alexander Ferguson to
serve for 18 months.
A motion was made by
Supervisor McDonough to appoint Jennifer Metzger, Manna Jo Greene, Laura
Ebert, Sarah Charlop-Powers, Jessica Barry, Jamaine Bell and Alexander
Ferguson to the Climate Smart Community Task Force; seconded by
Councilman Minissali. Roll Vote: 4 Yes, 1 Excused.
1). DISCUSSION: Development Proposals for Creek Locks Property. Initial comments on the proposed project were:
Tim Morrison asked if
the Town had a timeline; Supervisor McDonough responded that the Board
was prepared to pass a resolution later this evening to extend the
deadline for the two developers to submit more detailed plans.
Jack Snyder inquired
as to why only two developers; Supervisor McDonough replied that there
is a third option possible, neither one will be accepted.
Dennis Greco cited the 1970 Master Plan which called for recreational use of the land. He
also has concerns about the fill that was used on the property which
came from the creek bed containing “dioxin” a known carcinogenic; he
stated that five supervisors have asked for relief from the toxins in
the river (he provided 28 pictures of the site to the Town Clerk) and
said that he would put them on “flicker” at the library. Mr. Greco strongly recommended not using the site. Supervisor
McDonough told the audience that four years ago the EPA (Environmental
Protection Agency) did testing on the soil and their final determination
was “no remediation was needed”. Mr. Greco questioned the methodology used to make that determination. Supervisor McDonough stated that both developers have agreed to “wet land delineation”. Councilman
Minissali said that he and a number of residents have concerns of the
dioxin levels; he personally related that he spent two weeks a “ground
zero” when the EPA said it was safe and he has been paying the price he
therefore doses not trust the EPA. Supervisor McDonough said he will pull the entire file from EPA including the two page letter sent to the engineer for the town.
An unidentified
resident questioned the impact 60 units would have on the fire district;
Supervisor McDonough responded that he would ask the fire department to
look over the proposals.
Nick Mercurio
submitted a letter stating concerns and points for consideration before a
decision is made to do anything with the land after all “we are not
making any more land”. He
stated that we have to strengthen the tax base; he also stated that
there is another alternative “leave the land alone and do nothing”. He
also stated that a 581A is more advantageous to the developer than the
tax payers; and that the whole project seems to be tied to upgrades in
the sewer system which is also not fair. Mr.
Mercurio stated that an independent, outside analysis of the benefits
of the five choices needs to be made and a permissive referendum should
be scheduled.
Phyllis Noreen thanked
the Board for putting the proposals on the web site but the original
proposals were not there which is unfair to the residents to see what
the town was asking for.
Robin Segal, a
resident of Woodstock, commented about RUPCO’s project that just
received town board approval in Woodstock; there were many issues that
she contends were not carefully studied such as traffic, water pressure
which has lead to an Article 78 being filed; also the use of 581A which
does not benefit the taxpayers. She also contended that the noise from the geothermal drilling was excessive; she stated definitely “NO RUPCO”
Tim Morrison stated
that he was pleased that Birchez is considering the Tillson School for a
town hall but stated that the Kingston Board of Education is unaware of
the possible use; they still have it for sale at $1.4 million; Mr.
Morrison is not sure if this is a “red herring” on the part of Birchez;
we definitely need more details before the Rosendale Town Board enters
into a contract. Councilman
Minissali also commented that a member of the Kingston Board of
Education and they were not aware of any inquiry by Birchez or anyone
else about the Tillson School. Mr. Morrison suggested a permissive
referendum since the land is the property of the taxpayers and they
should decide if they want to go ahead with this project rather than
wait until further down the line.
Shannon LaFrance,
attorney for the town, stated that NY State frowns upon the frequent use
of a permissive referendum to decide issues; in order to get this on a
ballot 5% of the voters would have to sign a petition to place the issue
on the ballot.
Someone in the
audience asked if there were any representatives from RUPCO or Birchez
present; Kevin O’Connor, Guy Kempe and three others from RUPCO
identified themselves and Hector Rodriguez identified himself as
representing Birchez.
Pat Courtney, she
works for NYSERDA, stated that she is a Woodstock home owner and is
delighted that they will have affordable homes through the RUPCO
project. She has worked
closely with RUPCO on the Main Street Grant in Kingston; Esopus Main
Street Grant and the Kirkland Hotel Project in Kingston, all of which
were obtained with help form RUPCO.
Dean Kimme, ProBuild
in Rosendale, stated that RUPCO built the Buttermilk Falls Project in
Ellenville and they spare no expense and he finds them very ethical.
Joe Roddy asked if the
property has been subdivided; Supervisor McDonough responded “yes” it
has; there are 9-1/2 acres available for the project. Mr.
Roddy stated that both proposals represent a burden on the fire, police
and water/sewer which in turn means higher taxes; he is “totally
against the project”.
Jack Snyder stated
that landlords should be contacted about the loss of tenants from the
project; some rely on that income to stay in their homes.
Councilwoman Greene stated that “aging in place” is vitally important and she would like to see more being done to achieve this.
Glenn Debrosky asked
about the income guidelines for acceptance into the project; the
response was 30% to 60% of the median income; Mr. Debrosky added that
would put an additional burden on the tax payers.
Ellen Scribnik from
the future Legacy Farms Project in Rosendale stated that the ZRC sent
her the proposed new zoning regulations and they are getting stricter as
to density for building; Supervisor McDonough and Billy Liggan
responded that the density is different depending upon the zoning for a
particular area. Ms. Scribnik stated that she has worked closely with RUPCO in an advisory capacity.
Supervisor McDonough told the audience that we have to look at what we are getting as well as the cost and benefit.
Phyllis Noreen stated
that of the two proposals she likes RUPCO; Birchez reaches back to the
Regan plans; she would favor building garden housing aimed at “entry
level” people not transients; if they put down roots they will stay.
An unidentified young
woman urged the Town Board to look at those who live here not those who
will move here; higher taxes could force her out of her childhood home.
Dennis Greco would
like to see something like Park Heights which has become a community but
he can’t visualize 2-1/2 of Park Heights on this parcel of land.
Nick Mercurio stated
that if we enhance the tax base with commercial development it would
make it more affordable; “if you build it they will come”.
Terry Johnson, Rosendale Water/Sewer Superintendent, stated that without a sewer upgrade this project is out of the question.
Councilwoman Greene said it is almost a “catch 22”; she wishes we could move ahead more independently.
Michelle Snyder asked
where the tax money will come from when the project is completed;
Supervisor McDonough responded that it will be paid by the landowners
(developer or home buyer). Ms. Snyder stated that our police and fire are already stretched thin and traffic is another issue.
Councilwoman Greene
stated that she is disappointed with the proposals except for the
inclusion of a town hall; she would like to see a return to the
community “Main Street” concept.
Councilman Gallagher
stated that while he was supervisor he tried for four years to get a
supermarket and drug store and we need a new town hall but we don’t want
to bond; this affects everyone in town to some degree. Mr. Gallagher reminded the audience that this land was “a gift”.
Glenn Debrosky
inquired about the ownership aspect of the project; would the homeowners
own the land as well as the home; no one seemed to have an answer to
this at the moment.
At 9:05 pm Supervisor McDonough ended the discussion and recommended a break before continuing the remainder of the agenda.
Supervisor McDonough reconvened the meeting at 9:25 pm.
2). RESOLUTION 08-2010-#1 Extension of Deadlines for Creek Locks Property RFP.
The resolution extends
the deadline for more detailed plan and proposal development from RUPCO
and Birchez until 3:00 pm, Friday, September 10, 2010; all submittals
still being required to meet all other specifications previously set
forth.
A motion was presented
by Supervisor McDonough to adopt the resolution setting the deadline
for additional submissions to the Creek Locks Road development proposals
until Friday, September 10, 2010 at 3:00 pm; seconded by Councilman
Minissali. Roll Vote:
Councilman Gallagher Yes
Councilwoman Greene Yes
Councilman Hassett Excused
Councilman Minissali Yes
Supervisor McDonough Yes
3). DISCUSSION: Kevin
Hines, President of the Bloomington Fire District informed the Board
about a program they are seeking to implement to help with recruitment
and retention of volunteers; the program is Length of Service Award
Program (LOSAP). The
program would earn company members points during each year for
attendance at training, responding to calls which will be credited to
them toward a retirement payment at age 65. Mr.
Hines explained that they would need municipal support by means of a
resolution from the Town Board and passage of a referendum by the
residents of the fire district (21% in Town of Ulster and 79% in
Rosendale). Mr. Hines told the Board that they responded to 257 alarms during 2009. Mr. Hines will gather more information and get back to the Board.
4). RESOLUTION 08-2010-#2 Budgetary Transfers. The resolution authorizes the following budgetary transfers:
GENERAL FUND – Transfer the sum of:
1. $2,000.00 from Unallocated Ins.(A1910.4) to Dog Control CE (A3510.4)
2. $2,000.00 from Unallocated Ins.(A1910.4) to Safety Inspection CE(A3620.4)
3. $1,000.00 from Unallocated Ins.(A1920.4) to Supt. of H’ways CE(A5010.4)
4. $3,000.00 from Unallocated Ins.(A1910.4) to Programs/Aging CE(A6772.4)
5. $2,000.00 from Unallocated Ins.(A1910.4) to ZBA CE (A8010.4)
6. $47.20 from Unallocated Ins.(A1910.4) to Cemeteries CE(A8810.4)
SEWER FUND – Transfer the sum of:
1. $70.24 from Admin. CE(SS8110.4) to Admin. EQ(SS8110.2)
A motion was made by Supervisor McDonough to adopt the resolution for budgetary transfer; seconded by Councilman Gallagher. Roll Vote:
Councilman Gallagher Yes
Councilwoman Greene Yes
Councilman Hassett Excused
Councilman Minissali Yes
Supervisor McDonough Yes
5). RESOLUTION 08-2010-#3 Budget Amendment 2010 General Fund. Pursuant
to NYS Office of the State comptroller, unanticipated revenues must be
indicated in the current budget via budget amendment; the Town during
fiscal year 2010 has received unanticipated revenues from the “sale of
assets; the amendment will create the following budget lines but does
not change the amount raised from Rosendale taxpayers for 2010:
1. Create a General Fund Revenue line item A2660 entitled “Sale of Assets” for
$338,640.00.
2. Add to the General Fund appropriation account, A9950.9, Transfer/Capital Projects, the sum of $338,640.00.
A motion was made by
Supervisor McDonough to adopt the resolution amending the fiscal 2010
budget; seconded by Councilwoman Greene. Roll Vote:
Councilman Gallagher Yes
Councilwoman Greene Yes
Councilman Hassett Excused
Councilman Minissali Yes
Supervisor McDonough Yes
6). RESOLUTION 08-2010-#4 Budget Amendment Youth Programs. Pursuant
to recommendations of the Town Bookkeeper, a revenue account must be
used to track payments for Youth Programs; the following amendments do
not change the amount raised from Rosendale taxpayers for the 2010
budget:
1. Increase revenue by $6,000.00 in budget line A3820, Youth Programs
2. Increase appropriations by $6,000.00 in budget line A7320.4, Youth/Summer
Camp CE.
A motion was made by Supervisor McDonough to amend the 2010 Town of Rosendale budget; seconded by Councilman Minissali. Roll Vote:
Councilman Gallagher Yes
Councilwoman Greene Yes
Councilman Hassett Excused
Councilman Minissali Yes
Supervisor McDonough Yes
7) RESOLUTION 08-2010-#5 Authorizing Amendment of the Lease for the Premises known as Rosendale Park & Ride. The resolution authorizes the Supervisor to complete and execute an amendment to the lease agreement initiated on June 8, 2006. The
agreement authorizes increased rent retroactive to September 2009;
since the monthly increase of $990.00 the total due for the period
ending July 31, 2010 is $10,890.00. A
footnote to the letter from Sara McGinty, attorney for Mr. Depuy,
states that the Town is required to pay its proportionate share of any
increase in real estate taxes since 2006.
A motion was made by
Supervisor McDonough to adopt the resolution authorizing completion and
execution of an amendment to the Park & Ride lease; seconded by
Councilman Gallagher. Roll Vote:
Councilman Gallagher Yes
Councilwoman Greene Yes
Councilman Hassett Excused
Councilman Minissali Yes
Supervisor McDonough Yes
8). RESOLUTION 08-2010-#6 Encumbrance and Overtime Pay Spending Deadline. The
resolution sets for non-emergency spending and overtime for August 27,
2010; any purchase made without a purchase order will hold the
individual personally liable for the amount spent unless prior approval
is given by the Chief Fiscal Officer (supervisor).
A motion was made by
Supervisor McDonough to adopt the resolution setting August 27, 2010 as
the deadline for non-emergency purchase orders and unauthorized
overtime; seconded by Councilman Gallagher. Roll Vote:
Councilman Gallagher Yes
Councilwoman Greene Yes
Councilman Hassett Excused
Councilman Minissali Yes
Supervisor McDonough Yes
AUDIT OF BILLS:
Un-audited bills for July:
GENERAL FUND VOUCHERS #696-704 TOTALING $1,292.46
SEWER FUND “ #108-111 “ $ 553.25
WATER FUND “ #111-113 “ $ 902.69
Audit of bills for August:
SPECIAL LIGHTING “ # 19-20 “ $ 2,022.68
GENERAL FUND “ #705-781 “ $32,153.38
HIGHWAY FUND “ #149-172 “ $19,093.71
SEWER FUND “ #111-123 “ $ 6,343.47
WATER FUND “ #114-128 “ $ 3,618.33
A motion was made by Councilman Gallagher to pay the vouchers; seconded by Councilwoman Greene. Roll Vote: 4 Yes; 1 Excused.
A motion was made by Councilman Minissali to adjourn at 10:28 pm; seconded by Councilwoman Greene. Roll Vote: 4 Yes; 1 Excused.
Respectfully submitted,
Joan S. Jordan
Town Clerk
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