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TOWN OF
ROSENDALE
DRAFT
TOWN BOARD MEETING/CONT’D PUBLIC HEARING
PROPOSED LOCAL LAW ON SIGNAGE
JUNE 8, 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: Fred Greitzer, Billy Liggan,
Jere Brown, Planning Board; Ron Parenti, ZBA; Debra Tierney, Deputy Town
Clerk; Dennis Kaye, Economic Devel.; Tim Morrison, ZRC; and about 15
additional residents.
PETITIONS: No petitions were presented. Supervisor
McDonough referred to a petition that had been presented previously with
125 signatures calling for a referendum on the purchase of Joppenburg;
he stated that by state law the petition is a moot issue; the purchase
is not going forward at this time because of concern by the Board for
the lack of Town funds being available.
PUBLIC COMMENTS: Billy Liggan “thanked “all those
who attended the Rosendale Farmer’s Market last weekend; “remember to
come again this weekend”.
Fre Atlast said that a group met last night that
are willing to try to raise $80,000 for the purchase of Joppenburg; they
would like to have a Town Board liaison to help guide them; they would
like that liaison to be Councilman Hassett; they are a committed group
and would continue to raise funds for safety and other needs after the
purchase. Supervisor McDonough responded that if the group is
willing to do the fund raising the purchase may happen after all;
someone had offered a grant of $5,000 if it was matched. The group
will meet again next Tuesday (June 14th) at 8:00 pm at Sara McGinty’s building.
Phyllis Noreen asked if the Town Board will rescind
the resolution for the purchase of Joppenburg; Supervisor McDonough
responded that personally he would not rescind the resolution in case
money comes in and the purchase can go forward. Councilman Hassett
said that he would support rescinding the resolution at the next Board
meeting; Councilman Minissali is not in favor of rescinding the
resolution; he has concerns that if it is rescinded and money becomes
available we could not move forward in a timely manner; Councilman
Gallagher said the resolution should be rescinded in the current
context; a new resolution can be drawn up if we move forward;
Councilwoman Greene stated that she agrees with Supervisor McDonough not
to rescind.
Tim Morrison asked about receiving money for the
purchase and where it would have to go; Supervisor McDonough said that
it would be a gift and is “surplus”.
Kelleigh McKenzie asked about using money for the purchase of the parking area ------------------
Gene Roosa suggested that the Town utilize the
Creek Locks property for a parking and run a shuttle to and from there
paying minimum wage.
Bill Hevesey recalled that during Bob Gallagher’s
tenure as Supervisor (2005?) that a resolution was passed to implement
parking fees; Supervisor McDonough replied that there was a Local Law
enacted to collect parking fees; there was a matrix of fees that was
never acted upon.
Ron Parenti asked what the actual costs over the next three years would be for the parking lot;
Supervisor McDonough responded we owe $12,000 up to this year and probably $20,000 through 2014
Jack Walsh commented regarding Joppenburg that “no
thought was given, just acted”; he further stated that he attended the
DEC public hearing on the Williams Lake Project (HRVR) on Monday, four
neighboring supervisors spoken positively on the project, he was
disappointed that Supervisor McDonough was not in attendance.
Ann Citron stated that the Theatre Collective had a
full house Saturday night and parking was up and down Main Street; she
asked Councilmen Hassett and Gallagher what their thoughts are if
Joppenburg is sold to someone else. Councilman Hassett responded
that he would be dis-appointed but we don’t have the money, there are
too many unknown costs and maintenance; we have to be on solid ground
and run the Town as a business and we don’t have the resources; the big
picture has to be looked at.
Ann Citron stated that our insurance representative
has stated that as long the use remains “passive recreation” the
premium would not go up; Councilman Hassett responded that we had to
spend $20,000 for kiln fencing in Tillson and this will be an
unknown.
Councilman Minissali asked “how do we get answers as a Board”; Supervisor McDonough responded that we need a committee.
Fre Atlast noted that in 2003 the Town Board looked
at purchasing Joppenburg but nothing happened; the Comprehensive Plan
addresses the preservation of natural and historic resources; this is
important to the next generation.
Henry Jordan admonished the Board that they looked
very weak and foolish not knowing that they didn’t have the money for
the purchase; “you have to learn to live within their means”.
Jack Walsh stated that the Town needs the parking
lot; perhaps we should talk to the O’Connor Family about purchasing the
parking area (2-3 acres); survey out and maybe subdivide; parking fees
that we will collect could be used to off-set cost; Supervisor McDonough
said he will contact them and see if they are willing to subdivide.
Councilwoman Greene wanted to clarify that she had
agreed to not rescind the resolution based on her concern that we not
send a negative message to Open Space Institute.
Someone asked if there is a vehicle for people to
actually donate money toward the purchase of Joppenburg; Supervisor
McDonough said that ultimately the money would come to the Town; he will
check to get a legal opinion. Fre Atlast said that they would set
up a sort of escrow so that if the purchase does not go through the
money would be returned to the donors.
Councilman Minissali asked how we can find out
about insurance costs, development costs and etc.; Supervisor McDonough
advised that an Ad Hoc committee be formed to report back; he asked that
Ann Citron, Councilman Minissali and Tim Morrison become that
committee.
COMMUNITY EVENTS:
1. Rosendale Farmer’s Market, Sunday’s 9:00am to 2:00pm, Community Center
2. Town Offices will be closed JULY 4th
3. Town Board Meetings on July 13th and August 10th at 7:00pm, Community Center
4. Stone Ridge Library Fair, Saturday, June 11th, Library Grounds
MINUTES OF PREVIOUS MEETINGS: A motion was made by Councilman Hassett to accept the minutes of May 4th and May 11th as written; seconded by Councilman Gallagher. Roll Vote: 4 Yes, Councilman Minissali Abstained.
COMMITTEE REPORTS: Councilwoman Greene
reported that she attended the HRVR (Williams Lake Project) DEIS public
hearing conducted by DEC on Monday (June 6) from 4:00 pm to 10:00 pm at
Ulster County Community College; she said she took extensive
notes. Issues that need to be looked at as valid concerns were
addressed; people said they want to see a hotel, spa, and fitness
center. Supervisor McDonough stated that written comments directed
to DEC will be accepted until July 12th. The ZBA has a
business that wants to utilize a cave as a small distillery, they will
need a variance. There is also an application for a solar variance
with no neighbor objection; Billy Liggan added that there is a
subdivision on Mountain Road coming before the Planning Board and Tom
Ferry is seeking a small expansion on his store.
Councilman Gallagher said that the Highway
Department is working on a salt shed which will be discussed later; the
Rosendale Chamber of Commerce will be holding a business mixer next
Wednesday (June 15th) here at the Community Center.
Councilman Minissali reported that the Youth car
show was rained out but still made money (over $2,000); all the
registrants and vendors donated their fees to the Youth Program; the
Environmental Commission is still discussing and reviewing the HRVR
DEIS, there appears to be positive feed-back on chickens in R-1.
Councilman Minissali deferred to Water Commissioner Jack Snyder; Jack
reported that time is running out on refurbishing the water tank, there
are no grants forthcoming and the repair will cost $400,000 to $500,000;
one of the water filters ground out and the others could follow at a
cost of $25,000 each. Councilman Minissali stated that this would
require going out to bond; he asked how long this process would take;
Supervisor McDonough and Councilman Gallagher responded “a couple of
months” for the process; Supervisor McDonough stated that he will
contact Barton and Loguidice Consulting.
Councilman Hassett reported that the pool is filled
but still filtering; it won’t be open this weekend; the Transfer
Station is in the “black” as usual; the High Falls Water will have a
mutual aid drill next week to familiarize fire personnel with the
uniqueness of the plant.
SUPERVISOR’S FINANCIAL REPORT: Supervisor
McDonough read the end balances for May; the report is on file in the
Town Clerk’s Office.
APPOINTMENTS: Supervisor
McDonough stated that Perry Soule had previously been appointed as
Interim-Chief because of unresolved legal issues involving the previous
chief; these issues have been resolved but we didn’t make the official
appointment until now though Chief Soule has been doing the work as
part-time chief since January.
A motion was made by Supervisor McDonough to
appoint Perry Soule part-time Police Chief; seconded by Councilman
Minissali. Roll Vote: 5 Yes.
Supervisor McDonough announced that the Town of
Rosendale would like to sponsor two (2) police academy recruits again
for the second phase of their training; 160 hours at minimum wage with a
municipal police department). We have done this before, they are
town residents and there is no obligation to hire them upon completion
of the academy.
A motion was made by Councilman Hassett to appoint
Kevin Gillis and Joseph Stenta as temporary police academy recruits for
160 hours of training at minimum wage; seconded by Councilman
Gallagher. Roll Vote: 5 Yes.
Councilwoman Greene suggested that having the
recruits come before the Board would be an opportunity to meet the
recruits so there would be facial recognition of who they are.
1). ANNOUNCEMENT: The Town is still seeking
volunteers for the Zoning Board of Appeals, the Recreation Commission
and the Water/Sewer Commission.
2). PUBLIC HEARING CONTINUED:
Supervisor McDonough announced the continuation of the public hearing on
Proposed Local Law #2 of 2011 Enacting New Town Sign Regulations;
verbal and written comments were received at the last meeting.
Fred Greitzer stated that he has concerns about
including “no trespassing” and “beware of dog” signs in those that would
need permits because of liability issues; he suggested that there be a
minimum size sign that not require a permit.
Jack Walsh asked why the regulations went from 3
pages to 23-25 pages of law; how much money has been paid to the
attorney for this document; Supervisor McDonough said that he will get
the exact figure but knows that it is over $10,000 to date.
Mr. Walsh asked why the document went from the ZRC to the attorney and
then back to the Building Department; he also asked why the Planning
Board got to comment on the document after it was legally written; a
response to those questions was that most of the problems preventing
enforcement, which why there is a need for revision, were serious legal
issues; it was noted that the ZRC did not develop the law, it was done
by the attorney.
Councilman Hassett commented that the last bill he
saw for legal service brought the figure to $14,000 and the law is 28
pages long which is “way over the top”; the Building Department “asked
for a horse and got a camel”; this shouldn’t be 28 pages and
should not include Christmas decorations, vehicle advertising; this is
not what the Building Department asked for.
Phyllis Noreen stated that the Women’s Club
sponsors blood drives 4 times a year, does this mean we have to get
permits; Supervisor McDonough said that these things have to be
addressed.
Jack Walsh addressed the amortization of signs; no
“grandfathering” allowing 2 years to conform for most signs and 15 years
for billboards; Supervisor McDonough asked if he was correct to assume
that this should be eliminated.
Gene Roosa asked if this law is following New York State Building Codes and Regulations.
Tim Morrison said that signage should be based upon
safety not aesthetics; Councilman Gallagher stated that Marbletown has
the most stringent sign regulations and we should look at theirs’.
Fred Greitzer also noted that he believes that Marbletown also limits the “type face”.
Jere Brown said he has concerns about freedom of
speech and retroactive compliance; what is the next step; the law should
be content neutral; he objects to political and cause signs that are
left up and to posting on public property.
Phyllis Noreen stated that she objects to just
tacking up signs without asking permission; signs should be allowed on
private property not on public right of way.
Bill Hevesey asked if you can take down signs that are posted on utility poles that are on your property.
Supervisor McDonough stated that he would leave the public hearing open at this point but will go on with other agenda items.
3). RESOLUTION 06-2011-#1 Authorizing Renewal of
Agreement for the Recreation Center Concession Stand. The
agreement is with T&S Crossroads Deli for the 2011 season through
October 31st for the sum of $2,000 payable to the Town of Rosendale in two payments as set forth in the lease agreement.
A motion was presented by Supervisor McDonough to
adopt the resolution authorizing renewal of agreement between T&S
Crossroads Deli and the Town of Rosendale for the Recreation Center
Concession Stand for the sum of $2,000; seconded by Councilman
Hassett. Roll Vote:
Councilman
Gallagher
Yes
Councilwoman
Greene Yes
Councilman
Hassett
Yes
Councilman
Minissali
Yes
Supervisor
McDonough Yes
4). RESOLUTION 06-2011-#2 Authorizing Expenditures
from the Town of Rosendale Pool Capital Reserve Fund. The
resolution authorizes payment to C.T. Male Associates of Latham, NY and
Dan’s Excavating and Construction of Port Ewen, NY for professional
services related to assessment, inspection, excavation, construction,
and testing for improvements to the Municipal Pool at a cost of
$7,549.58 from Pool Capital Reserve.
A motion was made by Supervisor McDonough to adopt
the resolution to authorize payment to C.T. Male Associates and Dan’s
Excavating from the Pool Capital Reserve Fund in the amount of
$7,549.58; seconded by Councilman Minissali. Roll Vote:
Councilman
Gallagher
Yes
Councilwoman
Greene Yes
Councilman
Hassett
Yes
Councilman
Minissali
Yes
Supervisor
McDonough Yes
5). RESOLUTION 06-2011-#3 Authorizing Agreement
with HRVR for Consultants. The resolution is to facilitate payment
from an escrow fund that was set up by HRVR for use by the Town Board
for zoning change consultations/reviews; DEC and HRVR have agreed that
HRVR will deposit funds in this account to pay for consulting on the
DEIS for which DEC is the lead agency; agreements and memorandums of
understanding are attached and made a part of the resolution.
A motion was made by Supervisor McDonough to adopt
the resolution authorizing agreement with HRVR for paying consultants
through an escrow account established with the Town of Rosendale for
DEIS review; seconded by Councilman Hassett. Roll Vote:
Councilman
Gallagher
Yes
Councilwoman
Greene Yes
Councilman
Hassett
Yes
Councilman Minissali
Yes
Supervisor
McDonough Yes
Prior to the vote a discussion took place; Billy
Liggan, Planning Chair, stated that each consultant is to file their
review report for HRVR’s DEIS with DEC by July 12; Councilwoman Greene
stated that she did not feel comfortable with the resolution; she also
stated that these are all important issues and she doesn’t feel that DEC
has the expertise to handle; she feels the Town Board should have
access to second opinions from experts; she does not have the confidence
other Board members have in DEC’s ability to investigate sensitive
issues after many years of observation. Councilwoman Greene
suggested hiring Hudsonia because they have such a stellar reputation in
the environmental field to do a review for the Town; Councilman Hassett
said that he hopes that we don’t become an “obstructionist” Board by
trying to go beyond “due diligence”; Supervisor McDonough responded that
he doesn’t feel we have to hire Hudsonia, we have an Environmental
Commission with scientists as expert as Hudsonia. Councilman
Hassett asked Councilwoman Greene to articulate her concerns to the
Board by July 6th.
6). DISCUSSION: Rosendale Street Festival.
Billy Liggan presented the final amended site plan for the July 23 &
24, 2011 festival; he noted to the Board that the beer sale hours were
scaled back to 8:00 pm on Saturday and 6:00 pm on Sunday as
requested. With no further amending needed Supervisor McDonough
asked the Board if they would like to accept the site plan this evening,
they agreed.
A motion was made by Councilman Hassett to accept
the 2011 Rosendale Street Festival Site Plan as presented; seconded by
Councilwoman Greene. Roll Vote : 5 Yes.
7). DISCUSSION: Salt Shed. Councilwoman Greene
stated that she did not have the opportunity to visit the planned site
at the Creek Locks Road property but feels comfortable with the proposed
green buffers. Supervisor McDonough stated that this would be the
beginning of how we are going to utilize that property.
Councilman Minissali stated that he is generally in favor; Carl Hornbeck
should give us a dateline calendar; Councilman Gallagher stated that
November 1st would be the “drop dead” date to have the shed
up and running. Supervisor McDonough said that he will have a
resolution next month to go out to bid; there is money for this in the
Capital Building Fund.
8). DISCUSSION: Rosendale Plains Cemetery:
Supervisor McDonough stated that we do not have to go into
contract with the cemetery, just keep a separate account of the
assistance rendered. By assisting with some of the maintenance
needs of the cemetery we can help them remain solvent so that the Town
does not have to take over the full responsibility for operation of the
cemetery. Carl Hornbeck has previously stated that he will use his
manpower when they have slack time to do maintenance and mowing chores.
9). DISCUSSION: Parking Fees. Supervisor McDonough
opened the discussion by stating that there is a matrix of fees which go
from $12.50 to $43.75 per year for parking spaces in the Town lot;
landlords are to be charged not the tenant; fees from both the tenant
and landlord would be “double-dipping” as per Councilman Gallagher which
is not the intent; Jack Walsh said that the fee was to be based on “per
tenant” in the building as determined by the number of electric meters
attached to the building. Tim Morrison stated that he is willing
to review the existing material with Councilman Gallagher. Bill
Kemble suggested that we check with Val Kilmer in Rhinebeck, they have
been charging municipal parking fees for years and it seems to
work. Councilwoman Greene asked if this could be resolved by
August; Supervisor McDonough asked Councilman Gallagher, Tim Morrison
and Ann Citron (Asst. to Supervisor) to work on a review and report back
to the Board. Tim Morrison questioned about the formula that’s
used by the Planning Board to issue waivers; there have been disputes
over issuing waivers.
Jack Walsh stated that the canal bed that runs
through the municipal lot should be closed in for additional parking;
right now it’s a “mosquito pit” and a safety issue.
Jack Walsh inquired about the ZRC review of the PDD
(Planned Development District); Billy Liggan stated that the Planning
Board will take up that issue when all other work is caught up, probably
not until October.
Supervisor McDonough charged Billy Liggan and
Councilman Minissali to review the PDD; they can enlist a couple of
additional people to go beyond the two samples that have been provided;
HRVR hopes to work under the new PDD; the ZRC felt they should not be
pushed on the PDD that it should develop in its own time. Jack
Walsh asked that it get back to the Town Board so we can get on with the
process; Brian Cafferty and Tim Allred (both HRVR) are in favor
of the PDD; Supervisor McDonough stated that the Town cannot legally
write a law that addresses just one project; would have to proceed on a
zoning variance.
AUDIT OF BILLS:
GENERAL FUND VOUCHER’S # 504-545 TOTALING $30,272.61
HIGHWAY FUND
“
#142-160
“ $12,262.19
SEWER
FUND
“
#
84-97
“ $
2,896.95
WATER
FUND
“
#
86-102
“ $ 3,201.22
SPECIAL
LIGHT
“
#
16-18
“ $ 1,989.45
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 Minissali to adjourn at 10:10 pm; seconded by Councilman Hassett. Roll Vote: 5 Yes.
Respectfully submitted,
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