Home Page
 Your Officials
 Town Departments
 Town & Area Phone Numbers and links
 Town Ordinances
 Town Meeting Calendar
 Public Hearings/Legal Notices
 Town Board Minutes & Agenda
 Zoning Board of Appeals Minutes & Agenda
 Planning Board Minutes & Agenda
 Town Code Book
  Town Events
 Links of Interest
 Town Businesses
 Our Town in Pictures
 Help Wanted
 Hudson River Valley Resorts Project
 2007Comprehensive Plan
 zoning code review committee
 Creek locks Proposals
 2012 Preliminary Budget
 Rosendale Natural Resource Inventory
 Rosendale Energy Savers
 Stormwater Management





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                                                


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



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