TOWN OF ROSENDALE                                                         DRAFT

TOWN BOARD MEETING

DECEMBER 8, 2010

The meeting was called to order by Supervisor McDonough at 7:30 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 Planning Board members; Jennifer Metzger, Deputy Supervisor Jennifer Metzger; Jack Snyder, W/S Commission; and about a half dozen residents.

PETITIONS: No petitions were presented.

PUBLIC COMMENTS: Billy Liggan “thanked everyone” for a very successful Frozendale Daze on Sunday, December 5^th; Supervisor McDonough added that the Town distributed 150 ceramic mugs with hot chocolate and then an additional 150 cups of chocolate in an hour and a half; they both felt attendance was greater than last year.

MINUTES OF PREVIOUS MEETINGS: A motion was made by Councilman Hassett to accept the minutes of the November 3^rd and 10^th meetings; seconded by Councilman Gallagher.

Councilwoman Greene asked that the spelling of Barbara Kendall’s name be corrected in the November 3rd minutes in the Stormwater Management discussion and a correction be made in the November 10^th minutes under topic #1 paragraph 2 be changed from “Mr. Gidaly asked Councilwoman Greene to review their check list; to review their contract”.

Roll Vote: 5 Yeses.

COMMUNITY EVENTS:

1.      Wed. Dec. 8, 7 pm – Bloomington Fire Retirement Benefits (LOSAP)                                Informational Meeting – Bloomington Fire House

2.      Wed. Dec. 20, 6:30pm – Special Town Board Meeting, Dog Control Law Public Hearing – Rosendale Community Center

3.      Fri. Dec. 24 – CHRISTMAS HOLIDAY,  Town Offices Closed

4.      Fri. Dec. 31 – NEW YEAR’S HOLIDAY – Town Offices closed

5.      Wed. Jan. 5, 7:30pm – Town Board Annual Organizational Meeting, Community Center

CORRESPONDENCE: On file at Town Hall.

COMMITTEE REPORTS: Supervisor McDonough reported that on the advice of the Attorney for the Town nothing will be done about the Creek Locks Property project until after we find out if we will get the sewer grant which should be within two months.  Jack Snyder commented about the former sewer agreement for the Renda Property (now the Creek Locks property) he feels that the agreement made for sewer connection with them has long since passed and that a developer should have to bear the costs of hooking up; Supervisor McDonough explained that because the property falls within the sewer district boundaries we must provide for hook up.  Supervisor McDonough stated that HRVR (Hudson River Valley Resorts) has made a response to DEC to the karst report of Dr. Ewers; a copy is in Board folders and is available at Town Hall.

Councilwoman Greene reported that the Planning Board is doing the routine subdivision and lot line adjustments; the Cellco/Verizon was back with the people from Davis Road area attending to express their displeasure with the balloon tests (the public hearing is still open for written comment); Cellco may do another test but is not required to.  Councilwoman Greene stated that in the future with applications of this size/nature that the Town Board file as an “interested party” from the start of the process to avoid these kinds of communication problems.  Councilwoman Greene announced that the ZRC has one meeting on karst and will be having an expert from the USGS (United States Geological Service) come to help them; the attorney for the town has begun the legal review of the proposed changes to the zoning code and will be presenting it to the Board in several sections; the Climate Task Force had a successful presentation to the public on residential energy conservation; Leslie Treut has stated that she will be resigning at clerk to the ZRC; Gary Jacobson says he may be able to handle the remaining work; if all goes forward some money may be able to be transferred from ZRC to Planning Board.

Councilman Gallagher reported that the Highway Department is on schedule gearing up for winter; the Justice Court reports are on file.

Councilman Minissali reported that the Water/Sewer Commission meeting was cancelled and they are still in need of Commissioners; Youth Department had a very successful pool tournament, and they are continuing to sponsor the on-line defensive driving course, their minutes are on file; Environmental did not meet as they were involved in the Climate Task Force presentation.

Councilman Hassett reported that the Recreation Commission met and new member Jeff Boos attended an is ready to get started; they reviewed the rental rates and the only increase will be for swim lessons, minutes are on file; the Transfer Station is running well and showed a net gain of $2,940.00 for November.

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

RESIGNATIONS: Supervisor McDonough reported there were two resignations, Roger Rascoe as part-time Code Enforcement Officer and Peter Perry is resigning from the Planning Board; Supervisor McDonough asked that separate motions be made to accept the resignations.

A motion was made by Supervisor McDonough; seconded by Councilman Minissali to accept the resignation of Roger Rascoe as part-time Code Enforcement Officer.  Roll Vote: 5 Yeses

A motion was made by Supervisor McDonough to accept the resignation of Peter Perry from the Planning Board; seconded by Councilmen Hassett and Gallagher with regrets. Roll Vote: 5 Yeses.  Councilman Minissali added “with thanks for his service”.

APPOINTMENT:  Supervisor McDonough announced that he would like to make the appointment to the Planning Board tonight to allow continuity in their work; he would like to recommend a very dedicated alternate member, Nick Mercurio, to fill the unexpired term of Mr. Perry.

A motion was made by Councilwoman Greene; seconded by Councilman Minissali to appoint Nick Mercurio to the Planning Board for a term to run until 12/31/2011.  Roll Vote: 5 Yeses.

1). PUBLIC HEARING CONTINUED: Supervisor McDonough announced that the public hearing for the Natural Resources Inventory would continue to be held open for written comments; the Planning Board will be submitting their comments and also those from the Ulster County Planning Board.  It is expected that the public hearing will be closed in January 2011.

2). Discussion: LOSAP (Length of Service Award Program): Terence Hannigan, Esq. was introduced by Kevin Hines, President of the Bloomington Fire Company, Inc. to inform the Board about the program which is a program to help recruit and retain volunteer emergency personnel which offers a retirement payment for years of service.  It was noted that all the other fire departments in the Town of Rosendale already have a similar programs; Bloomington would like to offer this to their volunteers.  The particular program they would like would allow a maximum of $400 per month to qualifying company members at age sixty-five (65) with twenty (20) years of service.  There was a simultaneous informational meeting at the Bloomington Fire House for residents of the district; they ultimately approve the plan through a mandatory referendum; a resolution of support from both the Town of Rosendale and Town of Ulster must also be obtained since 75% of the district residents reside in the Town of Rosendale and 25% reside in the Town of Ulster.  Mr. Hannigan explained some of the intricacies of moving forward and then he addressed the cost factor; initially the cost would be about $83,000 per year for the first ten (10) years and then drop to $35,000 if the demographics don’t change, this figures to about a $.41 per $1,000 assessed property value for properties within the Bloomington Fire Protection District only.  Fred Greitzer asked if both Town must approve the LOSAP; Mr. Hannigan responded “they do”; Mr. Greitzer asked why the cost drops after ten years; Mr. Hannigan responded that it is a result of amortization.  Councilman Minissali asked if the firefighters could contribute to this; Mr. Hannigan responded they can not; it is not a 401K.  Supervisor McDonough asked questions about amending the contract with Bloomington; it will have to be looked into how this will work; perhaps the public hearing for a referendum could suffice for an amendment; this will be worked out before the referendum.

Councilman Minissali “thanked the firefighters for all they do”.

3). RESOLUTION 12-2010-#2 Authorizing Agreement with Kendall Stormwater Services.  Supervisor McDonough stated that no other proposals have been forthcoming and he felt this was a very good proposal; he would like to move forward to relieve some of the work load from the town personnel currently overseeing stormwater management.

A motion was made by Supervisor McDonough to enter into an agreement with Kendall Stormwater Services for a cost not to exceed $3,500 per year for services set forth in the agreement; seconded by Councilwoman Greene.  Roll Vote:

                                    Councilman Gallagher   Yes

                                    Councilwoman Greene  Yes

                                    Councilman Hassett                  Yes

                                    Councilman Minissali                Yes

                                    Supervisor McDonough            Yes

4). RESOLUTION 12-2010-#3 Setting a Public Hearing to Consider Amending Town Code Chapter 32, Dog Control.  The public hearing will be held on December 20^, 2010 at 6:30 pm at the Rosendale Community Center, Route 32, Rosendale, NY for the purpose of hearing public comments of adopting Local Law #2 of 2010 to amend the Town of Rosendale Code with regard to Redemption and Seizure of Dogs and the Licensing of Dogs and Other Actions Within the Town Dog Control Law.

A motion was presented by Supervisor McDonough to adopt the resolution to set the public hearing for December 20, 2010 at 6:30 pm at the Rosendale Community Center to Consider Amending Chapter 32 of Town Code, Dog Control; seconded by Councilman Gallagher.  Roll Vote:

                                    Councilman Gallagher   Yes

                                    Councilwoman Greene  Yes

                                    Councilman Hassett                  Yes

                                    Councilman Minissali                Yes

                                    Supervisor McDonough            Yes

5). RESOLUTION 12-2010-#4 Setting a Public Hearing for Proposed Local Law #1 of 2011, to Consider Revising Chapter 37 “Fire Prevention” of the Rosendale Code.  The public hearing will be scheduled for January 12, 2011 at 7:30 pm at the Rosendale Community Center, Route 32, Rosendale, NY to hear all interested parties on the proposed Local Law #1 of 2011 entitled “A Local Law Revising Chapter 37 “Fire Prevention” of the Town of Rosendale Code so that the Fire Prevention Regulations Comply with Existing State Law and Regulations on Open Fires and are Consistent with the Town’s Intentions Concerning Fire Prevention and Safety”.

A motion was presented to adopt the resolution to set a public hearing for January 12, 2011 at 7:30 pm to consider revisions to Town Code Chapter 37 “Fire Prevention”; seconded by Councilman Hassett.  Roll Vote:

                                    Councilman Gallagher   Yes

                                    Councilwoman Greene  Yes

                                    Councilman Hassett                  Yes

                                    Councilman Minissali                Yes

                                    Supervisor McDonough            Yes

6). RESOLUTION 12-2010-#5 Authorizing Bus Transportation to the NYS Association of Towns Training Conference.  The conference will be held in NY City February 20-23, 2011.

A motion was presented by Supervisor McDonough to adopt the resolution authorizing appropriate transportation to the Association of Towns Conference; seconded by Councilwoman Greene.  Roll Vote:

                                    Councilman Gallagher   Yes

                                    Councilwoman Greene  Yes

                                    Councilman Hassett                  Yes

                                    Councilman Minissali                Yes

                                    Supervisor McDonough            Yes

7). RESOLUTION 12-2010-#6 Travel Allowance for Attendees to the NYS Association of Town Training Conference. All attendees that receive the advance must upon return provide receipts and any portion of funds not expended to the Town Clerk along with a brief summary of the workshops attended.

A motion was presented by Supervisor McDonough to adopt the resolution allowing $180.00 advance for meals, tips, etc. to attendees of the NYS Association of Towns Conference, February 20-23, 2010 in NY City; seconded by Councilman Gallagher.  Roll Vote:

                                    Councilman Gallagher   Yes

                                    Councilwoman Greene  Yes

                                    Councilman Hassett                  Yes

                                    Councilman Minissali                Yes

                                    Supervisor McDonough            Yes

A brief discussion took place about the daily allowance for maintenance in NY City; it was determined that the Town’s allowance is below what the federal government allows.

8). RESOLUTION 12-2010-#7 Appointment of Official Delegates to the NYS Association of Towns Training Conference.

A motion was presented by Supervisor McDonough to adopt the resolution naming Supervisor McDonough as delegate and Deputy Supervisor Jennifer Metzger as the alternate delegate to the Training Conference; seconded by Councilman Minissali.  Roll Vote:

                                    Councilman Gallagher   Yes

                                    Councilwoman Greene  Yes

                                    Councilman Hassett                  Yes

                                    Councilman Minissali                Yes

                                    Supervisor McDonough            Yes

9). RESOLUTION 12-2010-#8 Budgetary Transfers

A motion was presented by Supervisor McDonough and seconded by Councilman Hassett to authorize the following budgetary transfers:

GENERAL FUND – Transfer the sum of:

1. $4,000.00 from Buildings EQ(A1620.2) to Buildings CE (A1620.4)
2. $4,000.00 from Justices PS(A1110.1) to Buildings CE(A1620.4)
3. $350.00 from Dog Control PS(A3510.1) to Dog Control CE(A3510.4)
4. $1,800.00 from Planning CE(A8020.4) to Planning PS (A8020.1)
5. $0.28 from Celebrations (A7550.4) to Historian PS (A7510.1)
6. $2.84 from Ind. Auditing (A1320.4) to Town Board PS (A1010.1)
7. $41.98 from UCRRA (A8710.4) to Landfill Closure (A8710.6)
8. $10,000.00 from Contingency (A1990.4) to Home Relief (A6140.4)

HIGHWAY FUND – Transfer the sum of:

1. $2,000.00 from Miscellaneous PS (DA5140.1) to Machinery PS (DA5130.1)

WATER FUND – Transfer the sum of:

1. $8,7000.00 from Purification PS (SW8310.1) to Supply PS (SW8320.1)
2. $99.33 from Administration CE (SW8310.4) to Supply EQ (SW8320.2)

Roll Vote:

                                    Councilman Gallagher   Yes

                                    Councilwoman Greene  Yes

                                    Councilman Hassett                  Yes

                                    Councilman Minissali                Yes

                                    Supervisor McDonough            Yes

10). RESOLUTION 12-2010-#9 Removal of PCBs in the Hudson River. The resolution is to express support for the continued removal of PCB-contaminated sediment from the Hudson River and urges General Electric to complete Phase 2 of the Hudson River Remediation Project by resuming dredging in spring 2011.

A motion was presented by Supervisor McDonough to adopt the resolution to support continued removal of PCB-contaminated sediment from the Hudson River; seconded by Councilman Minissali.  Roll Vote:

                                    Councilman Gallagher   Yes

                                    Councilwoman Greene  Abstained *

                                    Councilman Hassett                  Yes

                                    Councilman Minissali                Yes

                                    Supervisor McDonough            Yes

*Councilwoman Greene abstained due to her direct involvement with Clearwater.

11). Discussion: Mohonk Preserve Grant Support. A short discussion took place related to writing a letter of support for Mohonk applying for a grant to continue the Rail Trail; the discussion included Mohonk offering to invite the whom ever purchases of the Joppenburgh property to be included; Councilman Hassett stated that enough land in Rosendale has been taken from the tax roll; he stated that the property has been privately owned and he understands that someone may be interested in privately owning and developing the property; Councilwoman Greene stated that she still feels the need to hold charrettes to get input on such matters.  A consensus was reached that a letter of support for the grant would only allow the inclusion of the Joppenburgh owners if they wished to be included.

A motion was made by Councilwoman Greene to authorize the Supervisor to write a letter of support for the Mohonk Preserve grant application; seconded by Councilman Minissali.  Roll Vote: 5 Yeses.

Randi Morf expressed concern that residents of Maple Hill received a “no on street parking” letter from Police Chief Perry Soule; the letter was hand delivered door to door.  After a short discussion it was recommended by Supervisor McDonough and members of the Town Board that the residents contact Chief Soule directly; he has a very “open door” policy and he will be able to clarify what is going on related to vehicle and traffic law.

Jack Snyder asked if the contract with UCRRA for the Transfer Station will soon be expiring; Councilwoman Greene stated that contracts are being reviewed as part of a 20 year plan; Mr. Snyder said there are concerns that should be addressed during the review process.

Fred Greitzer suggested that the Town Board advertise for a substitute for the Planning Board; Supervisor McDonough responded that perhaps they should consider appointing two alternates; this will be done when appointments are made in February.

AUDIT OF BILLS:

            SPECIAL LIGHT DIST VOUCHERS #   31-31         TOTALING $  2,208.60

            GENERAL FUND                   “           #1090-1128             “           $16,646.30

            HIGHWAY FUND                  “           #  250-263               “           $10,570.75

            WATER FUND                       “           #  190-202               “           $   4,167.70

            SEWER FUND                        “           #  180-191               “           $   3,178.26

A motion was made by Councilwoman Greene to pay the bills; seconded by Councilman Gallagher.  Roll Vote: 5 Yeses.

A motion to adjourn was made by Councilman Minissali at 9:30 pm; seconded by Councilman Hassett.  Roll Vote: 5 Yeses.

                                                                        Respectfully submitted,

                                                                        Joan S. Jordan

                                                                        Town Clerk