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TOWN OF ROSENDALE                                                      


OCTOBER 6, 2010


The meeting was called to order at 6:33 pm by Supervisor McDonough at the Rosendale Community Center with the Pledge to the Flag.


                        PRESENT:       Councilman Robert Gallagher

                                                Councilwoman Manna Jo Greene

                                                Councilman Kenneth Hassett

                                                Councilman Richard Minissali

                                                Supervisor Patrick McDonough

            ALSO PRESENT: Dan Baker, Assessor; Rayne Kouhout, Transfer Station; Billy Liggan, Leslie Treut, Nick Mercurio, Planning Board; Heidi Jewett, Diane Bedell, Frank Klepeis, Recreation; Carl Hornbeck, Highway Superintendent; and about a dozen residents.



1). Daniel Baker, Assessor, passed out copies of the 2010 “Exemption Impact Report” to all the Board members and the Clerk; he then explained the report and then proceeded to explain the “Reval Program”. Mr. Baker state that the Town had signed on for the NYS 6 year reval program but the state has now scrapped that program and instituted a 5 year program.  The new program requires that a full property inventory be completed at the beginning and again at the end; if the final inventory is not completed the town must return the monies it received in the preceding two years.  Mr. Baker stated that he is totally committed to keeping the Town at 100% of assessed value even if the state does not pay the $5.00 per parcel fee; keeping the 100% value is best for the taxpayers; Councilman Gallagher said this is especially important to the Rondout Valley Central School District taxpayers.  Mr. Baker stated that we have funding through next year and a discussion can be held later on how to proceed.  Mr. Baker stated that he has no issues with the tentative budget; he asked if it would be possible to set up a Capital Account for the assessor; there maybe large expenses in coming years.  Supervisor McDonough said that he would look into the matter.  Councilwoman Greene asked if the STAR program was being cancelled; Mr. Baker responded that the state has discontinued the STAR Rebate they did two years ago but the regular STAR and Enhanced STAR are still in effect; the deadline for filing is March 1st for both; the adjusted income for the Enhanced STAR for 2011 is $79,050.00 and the age for applying is sixty-five during that calendar year.  Councilwoman Greene asked if some kind of reminder could be offered so that seniors are made aware of the availability of the program; Mr. Baker replied that he does several informational promotions at the senior meetings but will try to see if the information can be disseminated to a wider audience.  Councilman Hassett questioned Mr. Baker as to whether the budget item for $200.00 for the Assessment Board of Review was adequate; Mr. Baker responded that he believed it was.


2). Carl Hornbeck, Highway Superintendent, stated that he can work with what is proposed in the tentative budget; but under the capital expenses there is $110,000.00 at this time, he would like to see that increased to $150,000.00 (this line item includes paving, guardrails, etc.); the CHIPS fund were late arriving this year which created some difficulties.  Mr. Hornbeck commented that salaries for the men are under the union contract so there is nothing there; he would like to see his clerk, Joy Quick, receive a raise to bring her more in line with other clerks with less seniority.  In the Other Government line which covers gasoline for other departments he would like to see that brought up to $25,000.00; if he needs to replace a pump it would come out of this line (the pumps are at least five years old); otherwise there are no problems.  Councilman Gallagher asked Mr. Hornbeck about where the James Street engineering stood; Mr. Hornbeck responded “they are talking”.  They propose doing sidewalks from the top of James Street to the sidewalks on Route 32; storm drain pipe replacement (current underground drains are inadequate).  Mr. Hornbeck stated that grants are not there; Supervisor McDonough added that $10,000.00 had been put into the current budget for engineering and the same amount was being included in the 2011 budget.  Councilman Hassett asked if it would be necessary to obtain easements for the walks; Mr. Hornbeck responded that he wasn’t sure because the walks could be placed on Town owned property.  Mr. Hornbeck stated that the problem area is from the McGinty property (top of James Street away from the Creek) to Parkcrest Drive; Councilman Minissali asked if the walks would be constructed on the Creek side; Mr. Hornbeck responded that the engineers will make that determination.


3). Rayne Kouhout, Transfer Station Coordinator, reminded the Board that she has not had a liaison since Mr. Cluen; she would appreciate having a liaison again; Supervisor McDonough asked if anyone would be interested, Councilman Hassett indicated that he would.  Ms. Kouhout stated that all the metal is off the ground now and is in a dumpster and that all the metal is broken down by just two people and it is very hard work but it pays off when we get the recycling checks; she would appreciate consideration of a $2.00 per hour increase in salary for both George Glass and herself.  Ms. Kouhout cited the amount of recycling they have done and the monies it has returned to the Town; Councilman Gallagher asked her “what new toys would she like”; her response was a pole shed for recycling the reusable things that come in; Mr. Hornbeck added that she could also house the backhoe and truck in the building and he commented that we are sharing a tub grinder with New Paltz to control yard debris; Councilman Gallagher also asked about putting roofing over the other bins.

A motion was made by Supervisor McDonough to appoint Councilman Kenneth Hassett as liaison to the Transfer Station; seconded by Councilman Minissali.  Roll Vote: 5 Yes.


4). Billy Liggan, Planning Board Chairman, gave an overview of the current budget; expenses are up and revenues are down (according to the figures through June 2010). The Natural Resource Inventory is being digitized; Mary Lou Christiana defended us and won in a law suit that would ultimately have had no merit, we have not received any bills as yet for this.  Supervisor McDonough informed Mr. Liggan that those legal fees will come out of another budget line and that the Planning Board escrow monies will also come from another budget line.  Mr. Liggan requested that the clerk, Leslie Treut, receive a salary increase as she is the “first line” to explain all the changes coming from the zoning code review and how they will be implemented (she clerks for Planning, Zoning and the ZRC).  Councilman Hassett asked how many hours she spends on each; she responded 25-35 hours; Councilman Hassett noted that perhaps the hours should be increased.

Councilwoman Greene commended Ms. Treut and Ms. Kouhout for all the work they put in.  Mr. Liggan asked about beautification funds to place event signs at all the entrances to Town; Councilman Hassett responded that the Women’s Club uses those funds for the flowers, wreathes and lighting and it is a very small line item.


5). Frank Klepeis, Diane Bedell, Heidi Jewett, Recreation Commission.  Mr. Klepeis requested clarification on the changes to their original budget request; Supervisor McDonough asked for specifics.  Mr. Klepeis noted the reduction in the 7140.1 line; Supervisor McDonough responded that line had been over estimated; Heidi Jewett’s salary is plus the 3% figured across-the-board; also they should find savings in the 7140.4 line.  Diane Bedell asked about the status of Willow Kiln Park; the Recreation Department is paying for the electric and the port-a-potty but has no control over the scheduling/use of the area.  Mr. Klepeis asked whether Willow Kiln is a park or a parking lot; the response was it is both; Councilman Hassett noted that it had been decided that Willow Kiln would only be used for Town sponsored events and that the scheduling was not under the purview of the Recreation Commission; Mr. Klepeis stated that he would like to have a meeting with the Supervisor and the Town Board to discuss this further.  Dennis Grecco noted that there is a $3,500.00 rental payment being made for both the park and the parking lot.  Councilman Hassett asked Ms. Jewett if the money for a proposed well on the Recreation property (for filling the pool) was included in the budget; Ms. Jewett responded that it was not, it would be a capital expenditure; Supervisor McDonough said that he would check with the state comptroller’s office as to where the money should come from.  Councilman Hassett added that the well would pay for itself in 2-3 years and it would be a prudent expenditure of money and could be an additional water source for the Town.


Supervisor McDonough called a fifteen minute recess at 7:45 pm


Supervisor McDonough reconvened the meeting at 7:58 pm.


PUBLIC INPUT: Mark Riccio of Bloomington addressed Supervisor McDonough about a building code problem he brought forward last November concerning a dilapidated trailer on Hoffman Lane abutting his property; the trailer sits 17 feet from his backdoor.  Mr. Riccio stated that the situation has not been rectified; Supervisor McDonough responded that it was up to the Code Enforcement Officer.  Mr. Riccio cited a letter he received from the Supervisor in July of this year and said that he feels the Supervisor has the power to over-ride the building/code enforcement decision or lack there of; Mr. Riccio kept pushing the issue; Supervisor McDonough stated that he will talk with the Building Department at which Mr. Riccio demanded that he be informed of what transpires.

Jack Walsh asked Supervisor McDonough if contact had been made with Father Florez at St. Peter’s Church about the possibility of using Mulry Hall for temporary office space; Supervisor McDonough responded that he had and wants to talk with Carl Hornbeck and do a walk through with him as to the feasibility of utilizing the space and what work could be done in-house if it appears that we could use the space.  Mr. Walsh asked that Supervisor McDonough keep him up-dated on what is going on.


APPOINTMENTS & RESIGNATIONS:  A motion was made by Councilman Minissali to accept the resignation of John Paterno as a court security officer; seconded by Councilman Hassett.  Roll Vote: 5 Yeses.

A motion was made by Supervisor McDonough to appoint Nicholas Tacti as a court security officer at $10.00 per hour; seconded by Councilman Gallagher.  Roll Vote: 5 Yeses.

A motion was made by Supervisor McDonough to appoint Bill Brooks to the Climate Smart Task Force; seconded by Councilman Hassett.  Roll Vote:  5 Yeses.


1). SCHEDULE A PUBLIC HEARING: A resolution will be presented next week to schedule a public hearing on the 2011 Preliminary Budget; the hearing will be scheduled for Wednesday, November 3, 2010 at 7:30 pm.


2). SCHEDULE A PUBLIC HEARING: A resolution will be presented next week to schedule a public hearing for Wednesday, November 3, 2010 at 7:30 pm on accepting the Natural Resources Inventory.


3). HALLOWEEN CURFEW: A resolution will be presented next week to set the curfew for Halloween 2010.


4). RESOLUTION: A resolution will be presented next week supporting a contract for water/sewer department billing software.


5). RESOLUTION: A resolution will be presented next week as an agreement with NYS DOT for utility work on Route 213.  A discussion explained what the resolution is intended to cover; culvert replacement under Route 213 which will be done next year which necessitate moving the current water and sewer lines and will hold NYS DOT liable for movement and damage; Councilman Hassett asked if we will be able to bill DOT back for legal services needed to review the contract; Supervisor McDonough said that he will talk with Terry Johnson and our lawyer.  Councilwoman Greene noted that the culvert replacement is not included it in the current emergency project but as a separate project to replace an historic culvert; by tearing up the new pavement it seems to be an abuse of taxpayer money; she requests that Assemblyman Cahill be contacted on the matter to see if sensible solution can be reached.


6). RESOLUTION: A resolution will be presented next week authorizing a contract between the Town of Rosendale Police Department and the Town of Ulster Police Department for utilization of their Firearms Range.  There was a short discussion about the types of generators the Town owns and there locations.


7). RESOLUTION: A resolution will be presented next week to make Budgetary Transfers.


8). RESOLUTION:  A resolution will be presented next week for a generator maintenance contract with Kinsley Power Systems to provide for routine inspection, maintenance for all Town owned generator for the sum of $1,995.00.


9). DISCUSSION: Supervisor McDonough opened a discussion on the Creek Locks Property by clarifying that RUPCO responded to questions and answer from a previous informational session by the September 10, 2010 deadline; Birchez chose not to respond; this does not mean that Birchez has withdrawn interest from the project; copies of the proposals and the last response are available a Town Hall and the Rosendale Library.

Jack Walsh brought up the subject of the Tillson School, stating that Birchez had made an offer, would RUPCO; to this question Supervisor McDonough referred to Guy Kempe from RUPCO.  Mr. Kempe stated that RUPCO proposed acquisition of the Creek Locks property for $500,000.00 and the Town would go forward with whatever plan they wanted for a town hall; Birchez has stated that they have a plan but don’t want to show their cards if RUPCO doesn’t present a plan.

Gina Hornbeck related that when Regan Development presented a plan for the property it was rejected by the citizens; it’s now been several years, what has changed.  Supervisor McDonough responded that information has been gathered from the previous application (to big, toxic soil, PILOT, school taxes, impact on water/sewer, sustainable construction and open space) and were addressed and considered in the RFQ and RFP; this project is smaller scale, there is no toxicity in the soil (as per EPA), includes open space.  Ms. Hornbeck asked why the rush; we had 200 people move into Town in the last 10 years and now we are looking at 200 new people moving into one project which could change the whole dynamics of the Town in one year; the Williams Lake project is ongoing and we don’t know the impact that will have.  Supervisor McDonough responded that he doesn’t believe we are rushing, this has been tossed around since 2006/2007; Ms. Hornbeck responded “there is no need”.  Supervisor McDonough again disagreed saying we need affordable housing especially for senior citizens; he says he gets several calls monthly asking about affordable housing; we have to weigh the costs versus the benefits.

Ms. Hornbeck stated that she favors finding ways of keeping people in their own homes while waiting for low income housing; there is a cancer in this Town and it is Fann’s (grocery store).  Dennis Grecco had concerns about the number of units RUPCO wants to put on the site; he referred to Park Heights where they put 40 units, this they want 64 units; he feels that the property will not pass a full SEQRA; his solution for a town hall is to tear down Fann’s and build there.  Anthony Roddy stated that if you put up more low income housing, home owners will leave.  Councilman Gallagher stated that we don’t have the demographics to sustain commercial development (a grocery store or drug store).   Ms. Hornbeck reiterated that we need slow, planned growth; Councilman Hassett remarked that there is “no meeting in the middle”, we can just pull the RFP’s, wait and forget about developing the parcel.  Joe Roddy stated that it’s proven that low income housing costs taxpayers; there are rentals available on Main Street; he believes the census will not show any increase in the town population but instead that they are moving out; he also stated that there is a smell 5 days a week when they are pumping the sewer pits.  Mr. Roddy’s solution is to float a bond and build a town hall ourselves.  Jack Walsh stated that we need some kind of growth but the school budgets are what are hurting us. 

Mr. Walsh asked about responsibility on projects from both developers; on time completion, over runs, number of units filled and etc.  Councilman Hassett stated that perhaps we should just pull the RFP’s; we don’t have it together as a town or as a board.

Nick Mercurio feels there is a need for a public hearing before going forward; there has never been and structured input from the community; he would put forth that we build a professional park; he stated both he and Billy Liggan had spoken with Ulster County Development and they would welcome Rosendale.  Councilwoman Greene asked that we get absolute confirmation as to whether Birchez is still “on board”; Supervisor McDonough said he spoke with someone there and they are still “in”.  Councilwoman Greene stated that she is really trying to listen for more mixed use; she agrees that we have not reached a consensus as a town; she asked “how do we get to yes”.  Guy Kempe stated that there is a web site, “NYS School Report Card” which might be helpful; it has class sizes, per capita pay, and etc.; Ms. Hornbeck noted that “special needs children” drive up the costs.  Supervisor McDonough stated that he seek advise from counsel as to how to make a decision; Councilman Minissali stated that the RFP’s have time; Councilwoman Greene interjected that a full public hearing would be held on a decision.


10). DISCUSSION:  Rosendale Drum Fest had requested Town support for which Supervisor McDonough wrote a letter; question arose from the Recreation Commission about waiving fees (they claim non-profit status).  Councilman Hassett, liaison to the Recreation Commission, stated that the Commission developed a policy and the only group that does not pay without coming before the Board is the Rosendale Women’s Club.  The Drum Fest is a two day event which is scheduled over a weekend so revenues are lost; they also have a description “drums for sale” which lends question as to who is selling the drums and is there a profit being made.  Supervisor McDonough asked if we (the Town Board) want to support them by waiving the fees; Councilman Gallagher said he could not support them; Councilman Minissali recused himself because of the theatre group; Supervisor McDonough stated that he wants to support them; Councilman Hassett stated that he feels they should be charged a minimum fee (the normal fee is $20 per 2 hours for meetings) and this covers an entire weekend and includes kitchen use.  A fee of $50.00 was decided upon for this use only; Supervisor McDonough will speak with Fre Atlast about the vendor issue.

 A motion was made by Councilman Gallagher to charge $50.00 for the weekend so long as no vendor space is sold to outsiders; seconded by Supervisor McDonough.  Roll Vote: 4 Yeses, Councilman Minissali abstained.




            GENERAL FUND VOUCHER’S #871-876 TOTALING $ 1,080.04

 ABSTRACT #10:      

            GENERAL FUND VOUCHER’S #877-934 TOTALING $29,991.47

            HIGHWAY FUND                      #188-204                     $17,168.37

            SEWER FUND                            #141-147                     $  1,823.42

            WATER FUND                           #147-153                     $   2,798.11

            VAN FUND                                 #3                                $        21.00


A motion was made by Councilman Minissali to pay the vouchers; seconded by Councilman Hassett.  Roll Vote: 5 Yeses.


A motion was made by Councilman Gallagher to adjourn at 9:45 pm; seconded by Councilwoman Greene.  Roll Vote: 5 yeses.


                                                                        Respectfully submitted,



                                                                        Joan S. Jordan

                                                                        Town Clerk