TOWN OF ROSENDALE TOWN
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
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
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
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
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.
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:
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:
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:
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
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:
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
“ $ 8,700.09
“ $ 2,155.11
“ $ 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
Joan S. Jordan