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TOWN OF ROSENDALE TOWN BOARD                                        DRAFT

TOWN BOARD MEETING/PUBLIC HEARING CONTINUED

APRIL 13, 2011

 

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: Deputy Supervisor Jennifer Metzger; Deputy Town Clerk Debra Tierney;

Jack Snyder, W/S Commissioner; Fred Greitzer, Plan Board; Denise Kaye, Economic Devel.; and between 20 and 75 people at various times through the meeting.

 

PUBLIC COMMENTS:  No public comments were forthcoming.

 

PETITIONS: A petition with 298 signatures (17 pages) was presented by Janette Hansen for a Permissive Referendum for the Purchase of Joppenbergh Mountain.  Supervisor McDonough asked if she wanted us to go contrary to state law (gives authority to town boards to expend surplus funds for the benefit of the town); you are asking us not to purchase the land.

Councilman Hassett stated that per Shannon LaFrance it is “okay” for the Town Board to expend the money without a referendum but did not say a referendum could not be held; this (purchase) could wait six months, Open Space will have funding.  Councilman Hassett stated that perhaps if facts about costs for maintaining, securing the property and liability were presented some of the people who are against it would come around; he further stated that we don’t have “surplus funds”; slow down this process until November.

 

COMMUNITY EVENTS:  Bloomington Fire Department is having a pancake breakfast, Sunday, April 17, 2011 from 8am until noon at the Fire House.

 

MINUTES OF PREVIOUS MEETINGS:  A motion was made by Councilman Gallagher to accept the minutes of March 2 and March 9; seconded by Councilman Minissali.  Roll Vote: 5 Yes.

 

COMMITTEE REPORTS:  Councilwoman Greene stated that she up-dated the Board last meeting on the ZRC; it’s been 2 years in the process and is to make the zoning law consistent with our Comprehensive Plan.  The first phase will be signage and B-1 and B-3 on Main Street.  The remainder is being reviewed and put in local law language by the attorney; karst should be ready when the remaining revisions are presented; the Planning Board had nothing unusual, minor subdivisions.  Councilwoman Greene stated that she poled the Planning Board members about the purchase of Joppenbergh, they responded that they did not have an opinion; the ZBA is rigorously deliberating variances; for those in R-1 who want to raise chickens they should bring petitions before the Town Board.

 

Councilman Gallagher stated that the Chamber of Commerce Wii mixer will take place Wednesday, April 20th at the Community Center, all are welcome; May events are being planned, one will be a “fuel symposium” to enlighten about the fuel situation.  Carl Hornbeck is working on building a new salt shed on the Binnewater Road property; siting will still allow for plenty of recreation.

Councilman Minissali reported that the Youth Commission is preparing for the annual Car Show

In May; response has been a little slow from vendors and participants; T-Ball and Camp have great numbers; the Environmental Commission is also looking at chicken issues.  Water/Sewer still needs a commissioner; they had a couple of unexpected $3,000 expenditures for repairs.

Councilman Hassett reported that the minutes of the Recreation Commission are on file with the Town Clerk; the Transfer Station handled 30 tons of refuse during March taking in $2,022.39.

 

CORRESPONDENCE: Supervisor McDonough stated that any correspondence is on file with the Clerk.

 

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

Councilman Hassett asked where the “surplus money” from the land sale is listed on the report; Supervisor McDonough responded that it is in the General Fund; Councilman Hassett asked when the money would be put into Capital Accounts; Supervisor McDonough responded when the accountants give us their report which should be soon.

 

RESIGNATIONS: A motion was made by Supervisor McDonough to accept the resignations of Deb Weltsch and Sarah Charlop Powers from the Environmental Commission with regrets; seconded by Councilman Minissali.  Roll Vote: 5 Yes, all with regret.

 

APPOINTMENTS:  A motion was made by Supervisor McDonough to appoint Bill Stamm to the Environmental Commission; seconded by Councilman Hassett.  Roll Vote: 5 Yes

It was noted that Tom Nee has indicated that he does not wish to be appointed to the Recreation Commission at this time.

Before auditing of the bills Councilman Hassett stated that he had just spoken with Chief Perry Soule who was home ill but he wanted to recommend the hiring of Jeffrey Tirsch, a Town resident, as a part-time police officer for the Town of Rosendale.  Supervisor McDonough explained that Jeffrey had been a trainee here but we were unable to hire him when his training was completed; we now have a position he would like to fill.

A motion was made by Councilman Hassett to hire Jeffrey Tirsch as a part-time police officer; seconded by Supervisor McDonough.  Roll Vote: 5 Yes

 

1). PUBLIC HEARING (CONT’D): Supervisor McDonough announced that written comments had been received and that he would proceed to close the public hearing.  Dorothy (Chicky) Sterritt presented a letter on behalf of the senior citizens requesting that the purchase be put to a referendum in November and that public hearings be held earlier in day since most seniors do not drive after dark and therefore their opinion is not represented at these hearings.

A motion was made by Supervisor McDonough to close the public hearing on the proposed purchase of Joppenbergh Mountain Property at 7:54 pm; seconded by Councilman Minissali.

Roll Vote: Councilman Gallagher, NO; Councilwoman Greene, YES; Councilman Hassett, NO; Councilman Minissali, YES; Supervisor McDonough, YES.  Motion carried.

 

8). RESOLUTION 04-2011-#1 Authorizing Purchase of Property Owned by the Open Space Conservancy, Inc., Identified as Tax Parcel #62.4-2-15.100 in Rosendale, NY and Known as the Joppenbergh Mountain Property.   

A motion was read and presented by Supervisor McDonough to authorize the purchase of the Joppenbergh Property; seconded by Councilman Minissali.

A motion was made by Councilman Hassett to table the resolution for the purchase of the Joppenbergh Mountain Property (JMP) until more information could be obtained; seconded by Councilman Gallagher.

Supervisor McDonough called for a roll vote on the motion to table the resolution on the purchase of Joppenbergh Mountain.  Roll Vote: Councilman Gallagher, YES; Councilwoman Greene, NO; Councilman Hassett, YES; Councilman Minissali, NO; Supervisor McDonough, NO.  Motion was defeated.

Discussion on the resolution to purchase: Clarification was sought on the petition requesting a referendum; the question was raised as to whether or not Open Space could delay the purchase of the JMP; Robert Anderberg, VP Open Space Conservancy responded that they cannot hold off the purchase, there are two deadlines for which they must commit this week or they are afraid of losing funding; other towns are seeking the same funding.  Brett Hansen asked where OSC/OSI gets their money; Supervisor McDonough responded that they receive funding from many places; Mr. Hansen reiterated that the petition shows the public feeling about a referendum; OSI could pick up this property later.  Joe Roddy asked if OSI would give us another month, they might get a better deal.  Councilman Minissali stated the consultants found any adverse environmental issues; Janette Hansen asked how you can determine no environmental impact when you don’t know how many people will use the property.  Al Schmidt stated that having the mountain is a nice idea but look at the “big picture”; we have a piece of property on Creek Locks, add $10,000 per year times 10 years and make an offer to Joe Bianco and you would have a beautiful recreation place; it was a best bet when Dick Glazer bought the Recreation Center; most senior citizens will not be able to utilize the mountain; we can’t think short term.  Reta Sorge commented that her 80 year old grandmother will hike the mountain; a lot of them can still do it, “don’t sell them short”.  Councilman Hassett said he is not clear how he would vote but put it to the voters in 6 months; if the vote is to purchase then Mr. Anderberg could pick up the property.  Councilman Hassett stated that he is “appalled at the Democratic majority is taking the vote away from the people”.  Councilman Minissali stated that he hasn’t had time to read all the letters, “there is too much to lose at this time; the resolution is within the mandate of what we are supposed to do, let’s move on”.  Councilman Gallagher stated that it would be a shame to lose the parking lot; he objects to the procedure that is being followed; there has been no information as to cost of maintaining the property; how we would manage the dangerous conditions that exist; we sold the Mountain Road property for $340,000; $100,000 was put toward keeping this year’s tax rate down; the remainder was to go into capital accounts; all unspent money is to be encumbered.  Councilwoman Greene stated that she shares concerns about rushing into this without assuring safety; once we acquire the property what needs to be done to protect the public, form committee to design what will meet the communities needs in a fiscally responsible and environmentally sound process; we seldom get to vote for things that benefit others outside the Town of Rosendale.  Councilwoman Greene stated that “critters deserve a voice and she is the voice for the frogs”; she would like to see fundraisers to help support the project; people raised $20,000 to augment the $80,000 grant for the solar project on the Community Center; the benefits of this purchase outweigh the negatives.

                        Councilman Gallagher                        No

                        Councilwoman Greene           Yes

                        Councilman Hassett                No

                        Councilman Minissali             Yes

                        Supervisor McDonough          Yes

 

2). Beltane Festival:  The site plan was submitted previously; they do not need to submit a plan as their attendance falls below the 1,000 attendee threshold; they have talked to both Chief Soule and Dave Massimi, Code Enforcement Officer and there are not issues outstanding.

A motion was made by Supervisor McDonough to accept the Beltane Site Plan; seconded by Councilman Gallagher.  Roll Vote: 5 Yes

 

3). RESOLUTION 04-2011-#2 Agreement for Fire Equipment Inspection Services.  The Board again reviewed the three proposals for service and decided that Haight Fire Equipment had the best across the board pricing.

A motion was made by Supervisor McDonough to adopt the resolution for fire equipment services from Haight Fire Equipment; seconded by Councilman Hassett.  Roll Vote:

                        Councilman Gallagher                        Yes

                        Councilwoman Greene           Yes

                        Councilman Hassett                Yes

                        Councilman MInissali             Yes

                        Supervisor McDonough          Yes

 

4). RESOLUTION 04-2011-#3  Purchase of Automated External Defibrillator (AED).  The resolution authorizes purchase of a ZOLL AED from Allied 100, 1800 US Highway 51N, Woodruff, WI 54568 for $1,435.00 to be uniform with currently owned Town units; seconded by Councilman Minissali.  Roll Vote:

                        Councilman Gallagher                        Yes

                        Councilwoman Greene           Yes

                        Councilman Hassett                Yes

                        Councilman Minissali             Yes

                        Supervisor McDonough          Yes

 

5). RESOLUTION 04-2011-#4 Accept Bid for Surplus Equipment.  The resolution is to accept the high bid for a 1998 Chevrolet 3500 Dump Truck sold through Auctions International for the sum of $4,650.00.

A motion was made by Supervisor McDonough to accept the high bid of $4,650.00 for a 1998 Chevrolet Dump Truck belonging to the Highway Department; seconded by Councilman Hassett.  Roll Vote:

                        Councilman Gallagher                        Yes

                        Councilwoman Greene           Yes

                        Councilman Hassett                Yes

                        Councilman Minissali             Yes

                        Supervisor McDonough          Yes

 

6). PROCLAMATION – To Encourage Citizens of Rosendale to Participate in “Screen Free Week”.

The proclamation encourages shutting off televisions during the 16th annual “Screen Free Week”, April 18-24, 2011; it encourages engagement in healthy activities with their families, friends and neighbors; this is through the regular participation of the Rosendale Youth Program.

A motion was made by Supervisor McDonough to proclaim April 18-24, 2011 “Screen Free Week”; seconded All Council Members.  Roll Vote: 5 Yes.

 

7). Schedule Public Hearing for Code Amendments. The resolution is to set a public hearing to be held on Wednesday, May 4, 2011 at 6:30pm at the Rosendale Community Center to hear all interested parties on the proposed Local Law #2 of 2011 entitled “Local law enacting new Town sign regulations in order to comply with the existing state law and ensure consistency with the Town’s vision by repealing sections 75-8 “Schedule of Permitted Uses” and 75-22 “Signs” of the Town of Rosendale Code and replacing them with new sections 75-8 and 75-22 entitled “Schedule of Permitted Uses” and “Signs”, revising sections 75-4 “Enumeration”, 75-5 “Zoning Map” and 75-11 “Density Control Regulations” to include a new B-# zoning district and revising sign regulation definitions in section 75-56(B) entitled “Terms Defined”.

A motion was made by Supervisor McDonough to set the aforementioned resolution for Wednesday, May 4, 2011 at 6:30 pm; seconded by Councilman Minissali.  Roll Vote:

                        Councilman Gallagher                        Yes

                        Councilwoman Greene           Yes

                        Councilman Hassett                Yes

                        Councilman Minissali             Yes

                        Supervisor McDonough          Yes

 

Jack Snyder asked the Board if anything could be done at the Transfer Station before next winter to insure that when the bins are pulled that they are empty not half filled with frozen water and materials for which Rayne is being charged;  Councilman Gallagher stated that the Highway Department made the canopies for the other bins and they will do the same here at a cost of about $1,300.00; Supervisor McDonough stated that this should be done as they are the department that makes money for the Town.  Mr. Snyder also questioned the proposed zoning change on Main Street, James Street residents were never asked if they wanted a change; traffic will go James Street instead of Main Street which he can’t understand since James Street has four (4) stop signs and it is one (1) on Main Street.

Phyllis Noreen inquired about trucks taking sand from the Town deposit on Binnewater Road; Carl Hornbeck responded that we are not supposed to allow private use of those materials by law; locks have been broken and the practice of allowing small amounts for private use has been discontinued.

 

AUDIT OF BILLS:         

                        GENERAL FUND VOUCHER’S #334-369 TOTALING $78,393.28

                        HIGHWAY FUND        “            #  99-105         “          $  8,700.09

                        SEWER FUND             “            #  55-58            “          $  2,155.11

                        WATER FUND            “             #  52-57            “         $  8,606.46

 

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

 

A motion to adjourn was made by Councilman Gallagher at 9:05 pm; seconded by Councilwoman Greene.  Roll Vote: 5 Yes

 

                                                                                    Respectfully submitted,

 

 

 

                                                                                    Joan S. Jordan

                                                                                    Town Clerk