TOWN OF ROSENDALE

TOWN BOARD MEETING

OCTOBER 13, 2010

The meeting was called to order by Supervisor McDonough at 7:31 pm 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: Fred Greitzer, Billy Liggan, Nick Mercurio, Planning Board; Dennis Kaye, Economic Development; Debra Tierney, Deputy Town Clerk; Jack Snyder, Water/Sewer; Tim Morrison, ZRC; 3 students and half dozen residents.

PETITIONS: No petitions were presented.

PUBLIC COMMENTS: John Simek, Chairman of Kingston Area Public Access (KAPA) stated that he was sent by Kate Hope of the Public Service Commission to present copies of the “cable law” to the Board; he also stated the Town will be assessed $1.00 per cable subscriber per year payable to KAPA and Rosendale has not had a commission member since February.  Councilman Hassett remarked that Mr. Simek’s approach was kind of strong to which he replied that he was doing what Ms. Hope told him to do since there had been no financial support from the Town.  Supervisor McDonough responded that we had made payment but have held recent payments because KAPA has not responded to requests for an annual financial statement, list of commission members or proof that the commission has a bank account; Mr. Simek responded that this is “do-able”.   Supervisor McDonough asked if KAPA has a full commission; Mr. Simek replied that they do not have a full commission but do have a quorum; they are currently off the air due to lack of a “home” and no funds. Mr. Simek was asked how many subscribers are in Rosendale; he responded about 6,000 to which Supervisor McDonough responded that is the population of Rosendale, Mr. Simek then said perhaps its 4,000.  Tim Morrison stated that when he was on the commission there were about 1,600 subscribers; the Town Board would like to see factual numbers provided to them.   Councilman Gallagher stated that if KAPA is going to come in strong-armed we can go back to the original set-up.  Councilman Hassett suggested that Mr. Simek return to the commission and relate the reception you received in Rosendale and Ulster; we are placing the onus on the commission to prove the facts.

COMMUNITY EVENTS: Supervisor McDonough stated that the events are listed at the bottom of the agenda; he highlighted that Rosendale Water Dept. would be flushing hydrants on October 18th, 19th, 20^th between 11 am and 7 pm and customer may experience high turbidity/rusty water; he cautioned that they should allow water to run for 3 minutes before using.

MINUTES OF PRIOR MEETINGS:  A motion was made by Councilman Hassett to accept the minutes of September 1^st and 8^th; seconded by Councilwoman Greene.

Councilwoman Greene requested that an amendment be made to the September 1^st minutes on page 4 paragraph 4 to reflect the name of Cheryl Schneider; Clerk will so amend.  Roll Vote: 5 Yeses.

COMMITTEE REPORTS: Councilwoman Greene reported that the ZBA was unable to conduct business due to the lack of a quorum; they are unsure of the status of Chairman Hendrickson and they definitely need another alternate; Supervisor McDonough will speak with Mr. Hendrickson and seek volunteers for the alternate position.  Councilwoman Greene stated that the ZRC is through the final tweak on the code revision, they expect to hold one more session.  Supervisor McDonough said there are more code revisions to be made such as the burn law, sign ordinance (there are 6 or 7 sections) that need to be addressed but we need a process to work through the volume.  It was noted that Behan (consultants) refuse to make any additional changes, the ZRC is on its own until the final presentation; Supervisor McDonough stated that Behan claims they have much more than the contract called for and the ZRC is over their budget for those services.  Councilwoman Greene noted that they will be doing the “karst”; the PDD (planned development district) is being referred to the Town Board; ZRC has tried for a language consensus on “karst” with difficulty.  Tim Morrison stated that no one knows what “karst” is (carbonate rock); it’s under the ground and is more significant in some areas of Town than others or its impact on the water.  Councilman Minissali stated that the ZRC also wanted to wait on the expert report on “karst” for the Hudson River Valley Resort. Councilwoman Greene reported the Planning Board has another balloon test being conducted for the proposed Verizon cell tower site on Davis Street this Saturday (10/16); Councilman Minissali inquired as to whether the public comment period was still open; Supervisor McDonough replied that it was and that he had forwarded some comments to the Planning Board that had been received at Town Hall.  On October 26the Billy Liggan will be delivering the welcome address at the biodiversity meeting hosted by Ulster County Planning Board, and DEC from 6:30 pm to 8:30 pm at the Rosendale Community Center.

Councilman Gallagher reported that the Chamber of Commerce met and they will be holding a Halloween Party at the Lake, details are forthcoming; the Highway Department has its new paving machine and they are almost finished paving Mountain Road; the report is that DOT will be reopening Route 213 on October 22^nd.

Councilman Minissali stated that the Environmental Commission has posted the Natural Resource Inventory (NRI) maps in the hallway at the Community Center for public viewing; a presentation and public hearing will take place on November 3^rd.  The Youth Office is offering on-line drivers safety courses for which they receive some compensation; they will be holding a Halloween Party on October 29^th from 6-8 pm.

Councilman Minissali announced that the Water/Sewer Commission is still in need of another commissioner; they will be flushing hydrants October 18, 19 and 20; the ZRC is close to finish on the language.

Councilman Hassett reported that the Recreation Commission ended a very successful season; on the well issue (digging a well for filling the pool); Terry Johnson will put together figures so they will be ready for the spring.  High Falls Water Commission met; the district customers will see slight reduction in their home owner’s insurance rates as a result of the pressure testing of the hydrants which dropped their rating from a 9 to a 6.  Jack Snyder related that Rosendale Water District’s pressure will be checked along with the flushing; it has not been done in probably ten years. 

CORRESPONDENCE:  Any correspondence is on file.

SUPERVISOR’S FINANCIAL REPORT:  Supervisor McDonough read the end of month balances for September; the report is on file with the Town Clerk.

1). RESOLUTION 10-2010-#1 Schedule a Public Hearing for the 2011 Preliminary Budget.  The public hearing will be scheduled for 7:30 pm, Wednesday, November 3, 2010 at the Rosendale Community Center.

A motion was presented by Supervisor McDonough to adopt the resolution to schedule a public hearing on the 2011 Preliminary Budget for November 3, 2010; seconded by Councilman Hassett.  Roll Vote:

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Hassett                  Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

2). RESOLUTION: 10-2010-#2 Scheduling a Public Hearing to Consider the Natural Resources Inventory.  The public hearing will be on November 3, 2010 at 7:30 pm at the Community Center to consider the advisability of adopting the NRI drafted by the Rosendale Commission for Conservation of the Environment.

A motion was presented by Supervisor McDonough to schedule a public hearing for November 3, 2010 to consider adopting the draft NRI; seconded by Councilman Minissali.  Roll Vote:

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Hassett                  Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

3). RESOLUTION 10-2010-#3 Halloween Curfew.  The resolution is to set a curfew for youth under 18 years of age on October 31, 2010.

A motion was presented by Supervisor McDonough to set the Halloween curfew at 8:30 pm for all youth under the age of 18 years on October 31, 2010; seconded by Councilman Hassett.

A lengthy discussion followed related to closing or reducing the speed on James Street for the night between the hours of 5:30 – 8:30 pm which was introduced by Jack Snyder; residents from other areas of Town chimed in that they don’t have sidewalks and feel the danger to children is just as great, can they also get their street closed or have speed reductions.   Supervisor McDonough stated that we provide as much police enforcement as possible; Councilman Minissali stated that he would favor restricting traffic; Councilman Hassett stated that he feels the curfew is more effective; it boils down to parental responsibility.  Roll Vote:

                        Councilman Gallagher   Yes

                        Councilwoman Greene  No

                        Councilman Hassett                  Yes

                        Councilman Minissali                No

                        Supervisor McDonough            Yes

4). RESOLUTION 10-2010-#4 Agreement for Annual Water/Sewer Department Software Support.  The resolution provides professional software, services and training from 8/1/2010 to 7/31/2011 for the sum of $825.00 payable to Williamson Law Book Company.

A motion was made by Supervisor McDonough to adopt the resolution authorizing signing the annual software support contract with Williamson Law Book Company for the sum of $825.00; seconded by Councilwoman Greene.  Roll Vote:

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Hassett                  Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

5). RESOLUTION 10-2010-#5 Agreement for Relocation of Water and Sewer Mains.  The resolution is an agreement between the Town of Rosendale and NYS Department of Transportation allowing NYS DOT to relocate water and sewer mains running under State Route 213 to be moved at their expense and under their responsibility for replacement of their culvert at no expense to the Town and authorizes Terry Johnson, Water/Sewer Superintendent, to sign all documentation that may become necessary for the project with the concurrence of the Town Board..

A motion was presented by Supervisor McDonough to adopt the resolution authorizing agreement with NYS DOT for relocation of water and sewer mains on State Route 213; seconded by Councilman Gallagher.  Roll Vote:

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Hassett                  Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

6). RESOLUTION 10-2010-#6 Agreement for Utilization of Town of Ulster Police Firearms Range.  The resolution authorizes the Supervisor to enter a contract with the Town of Ulster Police allowing the Town of Rosendale Police to use the Ulster Firearms

Range for training.

A motion was presented by Supervisor McDonough to authorize agreement for the Town of Rosendale Police to utilize the Town of Ulster Police Firearms Range; seconded by Councilman Hassett.  Roll Vote:

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Hassett                  Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

7). RESOLUTION 10-2010-#7 Budgetary Transfers. 

GENERAL FUND – Transfer the sum of:

            1.  $1,000 from Dog Control PS (A3510.1 to Dog Control CE(A3510.4)

            2.  $6,628.60 from Schools of Instruction (A3660.4) to Youth Summer Camp

                 PS (A7320.1)

            3.  $9,000 from Unallocated Insurance (A1910.4) to Home Relief (A6140.4)

HIGHWAY FUND – Transfer the sum of:

            1.  $414.02 from Miscellaneous CE (DA5140.4) to Miscellaneous PS (DA5140.1)

WATER FUND – Transfer the sum of:

            1.  $000.00 from Administration CE (SW8310.4) to Administration EQ                                         (SW8310.2)

SEWER FUND – Transfer the sum of:

            2.  $1,196.67 from Administration PS (SS8110.1) to BAN Interest (SS9730.7)

A motion was presented by Supervisor McDonough to adopt the resolution to make the Budgetary Transfers; seconded by Councilman Hassett.  Roll Vote:

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Hassett                  Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

8). RESOLUTION 10-2010-#8 Agreement for Town Owned Generators.  The resolution authorizes the Supervisor to enter into a contract with Kinsley Power Systems to provide annual inspection and maintenance for all five Town owned generators for the sum of $1,995.00.

A motion was presented by Supervisor McDonough to adopt the resolution for an annual inspection and maintenance contract with Kinsley Power Systems for $1,995.00 for all five Town owned generators; seconded by Councilman Minissali.  Roll Vote:

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Hassett                  Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

PICKLE FEST SITE PLAN:  Supervisor McDonough asked Billy Liggan if there were any changes to the site plan that was submitted; Mr. Liggan responded that the only change he is aware of since last year is the addition of the site map on the back page. Mr. Liggan said that he sent the plan to both Chief Soule and Carl Hornbeck and he has not heard anything back from them, but he said the police may want a few more flares on Route 32 toward dusk.  The Board will look the plan over and will approve it at the November meeting.

Councilwoman Greene announced that Barbara Kendell was in the audience and that she is an expert on MS-4 and could offer contract services to the Town; Supervisor McDonough said that contact should be made with Tom Fiore and Carl Hornbeck as they do the storm-water management.

CREEK LOCKS PROPERTY:  Supervisor McDonough opened with statement that there is a need to consult with the attorney; one or more Town Board members may need to recuse themselves due to a situation that may have arisen.  It has been suggested that we obtain the services of a facilitator to get to “yes”; there has been a lot of different dialogue and we need to answers to basic questions to move forward.  Supervisor McDonough stated that “people who don’t want it (the project), don’t want it no matter what, we as a Board have the right to decide if it’s right for the Town”.  Councilman Hassett stated that it is not a very easy decision; we have to get to what is wanted before we can get to “yes”, maybe not even where.

Guy Kempe, RUPCO representative, brought a letter which he presented to the Board and the Clerk, dated October 13^th addressing controversy related to the project and possible compromises or alternatives.  Supervisor McDonough stated that both developers have agreed to do a series of “charrettes” to open dialogue.  Hector Rodriguez, representing Birchez stated that Steve Aaron will be communicating with the Board directly very soon.

Jack Snyder asked that research be done on the impact on communities by these developments in the last ten years and review those studies.

A discussion followed about the “Safety Net Program” and low income housing affects on a community.

Phyllis Noreen thanked the Board for the open discussion; Supervisor McDonough and members of the Board stated that she should become part of panel on the project and get more people to attend.  Nick Mercurio said we need to talk about opinions and options; we need more facts and studies.

AUDIT OF BILLS:

            SPECIAL LIGHTING VOUCHER’S # 25-27    TOTALING $ 2,285.58

            GENERAL FUND                “             #935-974         “           $28,663.06

            HIGHWAY FUND               “             #205-224         “           $67,040.72

            SEWER FUND                     “             #148-156         “           $  3,345.46

            WATER FUND                    “             #154-164         “           $  6,045.70

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

A motion was made by Councilman Hassett to adjourn at 9:40 pm in memory of Ruth Ghear, a former Village of Rosendale official and longtime resident; seconded by the entire Board. Roll Vote: 5 Yeses.

                                                                                    Respectfully submitted,

                                                                                    Joan S. Jordan, Town Clerk