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APRIL 6, 2011


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: About 175+ town residents; town commission members.


PUBLIC INPUT:  Billy Liggan announced that a fundraiser “Spring Jam” will be held on April 16th to benefit the Street Festival at the Rosendale Community Center from noon to 7:00 pm.


RESIGNATIONS: Supervisor McDonough announced that there are two resignations to be acted upon; Alex Sherwood and Frank Klepeis from the Recreation Commission; Mr. Sherwood was appointed previously and then declined.

A motion was made by Councilman Hassett to accept the resignation of Alex Sherwood;  the resignation of Frank Klepeis with regret; he has served for the last five to seven years and brought the recreation program to its current status; seconded by Councilman Minissali.  Roll Vote:  5 Yes.


APPOINTMENTS:  A motion was made by Supervisor McDonough to appoint Naja Kraus to the Environmental Commission; Matt Terpening to the Youth Commission and Christopher Hassett as the Rosendale Commissioner to the High Falls Water District; seconded by Councilman Gallagher.  Roll Vote; 4 Yes; Councilman Hassett abstained; Mr. Hassett is his nephew.



The public hearing was opened at about 7:40 pm; Supervisor McDonough stated “ground rules” for the hearing; everyone would have an opportunity to speak.  A public stenographer, Michelle L. Conero, was employed to take the minutes of the public hearing; a transcript will be forthcoming.

Approximately forty people spoke during the hearing.

Supervisor McDonough started to make a motion to adjourn the public hearing; Councilman Hassett stated that he favored a public referendum being held rather than five Board members deciding and he asked for the opinion of each Board member; Councilman Minissali stated that he had no objection to a public referendum; Councilman Gallagher stated that he is torn about the whole sale, he is disappointed; he believes it has to go to a public referendum, it is vitally important; Councilwoman Greene stated that she personally knows that the Mountain is very dangerous and we have to figure how to develop it safely, she has no objection to a referendum if the parties agree; Supervisor McDonough stated that under normal circumstances a referendum would be okay but this is an exception, state law allows the Board to make this decision in the best interest of the people of the town.

A motion was made by Supervisor McDonough to adjourn the public hearing at 9:55 pm but to leave it open for written comments until next Wednesday (April 13th); seconded by Councilman Minissali.  Roll Vote:  5 Yes. 


A break was taken from 9:55 pm until 10:05 pm when Supervisor McDonough called the meeting back to order.


2). DISCUSSION: Salt Shed.  Jennifer Metzger advised that she has been consulting with Carl Hornbeck about locating a salt shed which is long overdue.  They have looked at the salt pile on Binnewater Road which needs to be moved; they will be staking out a possible area tomorrow; the shed does not have to be that large; it does have to be a reasonable distance from the road and also at least 25 feet from the stream.  Carl wants to have a roofed area to cover the loader; they will also be looking at the other side of the property which would need access from Sawdust Avenue.  The subject of traffic on Sawdust Avenue came up; Carl estimates 20 trips per day would be the maximum; Billy Liggan (resident of Sawdust) stated that there would be less traffic than was incurred during the detour.  Billy Liggan suggested the possibility of using the actual kilns if they would be work for the highway vehicles; question of IMAR being amenable to access was also discussed.  Councilman Gallagher stated that he is against building on the right side of the entrance for historical reasons.  Councilwoman Greene asked if the money would be from the Highway Fund; Supervisor McDonough responded that it would probably come from the General Capital Fund.

Betsy Tuel questioned what appeared to be a new road in front of the dam on Binnewater Road; Supervisor McDonough responded that the road was always there, it’s just been cleaned up so that Carl can clean out trees from the dam area.  Councilwoman Greene asked if the dam is structurally safe; Supervisor McDonough responded that C.T.Male is working on it.


3). DISCUSSION: Open Container Law.  Supervisor McDonough stated that copies of the proposed law were e-mailed to the Board members; he would like to assign it to the attorney for the town for review; he believes that it was based upon the Town of New Paltz law.  Supervisor McDonough stated that Chief Soule says it is hard to enforce an open container issue all the time without a law; festivals will have to be addressed.  Councilman Hassett questioned the law as it is now written, someone at the Recreation Center could not legally have a beer; softball season is coming up; Supervisor McDonough said that he personally has concern about allowing open containers in the parks.


4). DISCUSSION: Beltane Festival Site Plan.  Supervisor McDonough stated that the Festival has agreed to move parking from the Recreation Center to our property on Binnewater Road and they are talking to the Kingston School District about the Tillson School; they have an appointment with Dave Massimi; bon fires at this time (March 15 to May 15) would be under DEC regulations which would supersede Town Code.  Councilman Gallagher asked if they have talked to Chief Soule about traffic; if they have and things are good to go with both Dave Massimi and Chief Soule he would have no qualms about the Festival.  A decision will be made next week though they do not need approval since they fall under the 1000 threshold for mass gatherings.


5). Agreement for Fire Equipment Inspection Services.  A resolution will be presented next week.  Supervisor McDonough noted that Haight Fire Equipment Supply still seems to have the lowest overall prices of the three quotes received.


6). AED Purchase.  A resolution will be presented next week to purchase an additional automated external defibrillator from Allied 100, LC for a price lower than state bid.

Training will take place in May.


7).  SCHEDULE A PUBLIC HEARING:  A short discussion centered on the ZRC recommendations for changes to the zoning code which the attorney for the town is reviewing for legal accuracy prior to be enacted; the public hearings will be presented in phases: Phase #1 Signs and the B-3 Main Street District (this will be the first hearing in May); Phase #2 all the remaining changes; Phase #3 PDD which has been referred back to the ZRC to expedite the process; Jennifer Metzger stated that the subdivision for conservation will be separate.  Councilman Gallagher stated that in his opinion the PDD needs serious work.  Billy Liggan stated that he received a legal opinion (from attorney for town) that adopting the local laws in phases is not segmentation.  A resolution will be presented next week to schedule a public hearing for the first Wednesday (May 4th) next week.


8).  JOPPENBERGH: A resolution will be presented next week considering the purchase of Joppenbergh Mountain.


A motion was made by Supervisor McDonough to go into Executive Session to discuss the job performance of a particular person at 10:40 pm; seconded by Councilwoman Greene.  Roll Vote: 5 Yes.

Out of Executive Session at 11:00 pm; no decisions made.



Abstract #3 (continued)

            GENERAL FUND           VOUCHER’S #253-257  TOTALING  $ 2,763.80

Abstract #4:

            GENERAL FUND        VOUCHER’S #258-333 TOTALING  $36,244.16

            HIGHWAY FUND               “            # 80-98             “          $12,037.93

            SEWER FUND                    “            # 45-54             “           $ 1,974.84

            WATER FUND                    “           # 42-51              “          $  1,755.94        

            SOLAR CAPITAL                “           #   1                            “          $        50.00

            SHAWANGUNK PART.      “           #   1-2                “          $      182.21

            SPECIAL LIGHTING            “           #   10-12            “          $  2,172.20


A MOTION WAS MADE BY Councilwoman Greene to pay the vouchers; seconded by Councilman Gallagher.  Roll Vote: 5 Yes


A motion was made by Councilman Hassett to adjourn at 11:05 pm; seconded by Councilman Minissali.  Roll Vote: 5 Yes.


                                                                                    Respectfully submitted,



                                                                                    Joan S. Jordan

                                                                                    Town Clerk