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Town of Rosendale                                                  DRAFT

Town Board Meeting

September 14, 2011


The meeting was called to order by Supervisor McDonough at 7:30pm at the Rosendale Community Center with the Pledge to the Flag.

Supervisor McDonough requested that all remain standing for a moment to silence in memory of the victims of “9/11”; last week we had a couple of Council members absent and so we are repeating our memorial observance; the best way we can home those from 10 years ago is to look out for each other and help our neighbors.


            PRESENT:         Councilman Robert Gallagher

                                    Councilwoman Manna Jo Greene

                                    Councilman Kenneth Hassett

                                    Councilman Richard Minissali

                                    Supervisor Patrick McDonough

ALSO PRESENT: Jennifer Metzger, Deputy Supervisor; Dennis Kaye, Economic Devel.; Billy Liggan, Fred Greitzer, Jeanne Walsh, Planning Board; Deb Tierney, Deputy Town Clerk; John Nilsen, American Legion; Mario Restivo, Dan Hoyt, Nick Gantner, Ed Garland, Rondout Valley Little League; Tim Allred, Brian Cafferty, Larry Wolinsky, HRVR; in total about 100 people were present.


PETITIONS: No petitions were presented.


PUBLIC COMMENTS: John Maylie said he wanted to commend DEP for lowering the water level in the reservoirs prior to Hurricane Irene; they were looking out for us; it is something they are not required to do.

Tim Allred, President of Chamber of Commerce, said that a FUN RUN was being scheduled at Williams Lake on October 16th by Megan Roosa as a fundraiser for her Gold Award.



1.      Wed, Oct 5th, 7:30pm – Town Board Workshop Meeting, Rec Center

2.      Mon, Oct 10th, Columbus Day – Town Offices Closed, Transfer Station also closed on Tuesday.

3.      Sat, Oct 15th, 8am to 2pm – Household Hazardous Waste/Pharmaceutical Waste Collection at UC RRA, call for appointment 845-336-3336

4.      Sept 20 to 27, Metal Amnesty for Rosendale residents, no permit required


MINUTES OF PRIOR MEETING:  A motion was made by Councilman Hassett to accept the minutes of the August 10th meeting as written; seconded by Councilman Gallagher.  Roll Vote:  5 Yes.


COMMITTEE REPORTS:  Councilwoman Greene reported that the Planning Board is doing lot line adjustments as usual; the ZBA has Kelli McKenzie serving as an alternate member and they are doing variance requests.  The ZRC has incorporated recommended changes to the Sign Law and is sending it back to the Planning Board; they are still working on “constrained lands” with whatever “free experts” they can find since the budget is very tight.  Councilwoman Greene deferred to Tim Allred, President of the Rosendale Chamber of Commerce, who reported that they are breathing “new life” into the Chamber; a new web site is coming and they will hold a general meeting on 9/21 in High Falls; in October there will be the usual Halloween festivities at Williams Lake; Ms. Greene said she will try to attend those meetings as the Town Board liaison.

Councilman Gallagher complimented the Highway Department men and Superintendent Carl Hornbeck for all their hard work and long hours during the recent hurricane/flooding; Carl has now sent a crew up to The Vly in Marlbletown to assist them; getting back to normal.

Councilman Minissali that the Environmental Commission has noticed some “staining” in the Creek and is looking into it; next Tuesday there will be a movie presented to create awareness during “Creek Week”.   The Water/Sewer district was severely challenged during the storms but remained in service.  The Youth Commission had a very successful summer camp; they received a $500 donation for new sports equipment; the subcommittee of ZRC on PDD will be meeting on Friday as part of the zoning revision.

Councilman Hassett reported that the pool is now closed; we hope to reopen next year.  Councilman Hassett commended Tara Burke, Recreation Director and Joan Jordan, Town Clerk for working 48 hours straight through “Hurricane Irene” keeping the Community Center open; he included kudos to all those who assisted through the initial response to the needs of the Town.  The Transfer Station is operating well and as usual making money; High Falls Water users are being notified that over the next several years there will be “guaranteed shutdowns” of water coming from the aqueduct as repairs are being made; there is no danger of a lack of water as they have “back-up” sources and the tank holds a three day supply of water.

Supervisor McDonough noted since Paul Costa was present he wanted to express his personal “thank you” to him for his invaluable assistance during “Irene”; Paul is an employee of the Ulster County Sheriff’s Office and on his day off stepped up and organized a response team through his experience and contacts.  Paul responded that it all “team work”.


APPOINTMENTS: Supervisor McDonough announced that Robin Hastings has volunteered to fill the last vacancy on the Recreation Commission; the term will end 12/31/2011 but she can be reappointed to a regular seven (7) year term.

A motion was made by Councilman Minissali to appoint Robin Hastings to the Recreation Commission for a term ending 12/31/2011; seconded by Councilman Hassett.  Roll Vote: 5 Yes.     


1). ANNOUNCEMENT: The Rosendale Water/Sewer Commission is still in need of two (2) volunteer commissioners.


2). DISCUSSION: Rondout Valley Little League.  Mario Restivo, Treasurer of RVLL, and Dan Hoyt, RVLL President gave a presentation on how they would use the Creek Locks Road property for Little League and Legion baseball fields if the Town will grant long term use of approximately 5 acres of the property which they walked and measured; a diagram/site plan was displayed for everyone to see how the fields would be sited on the property.  Because the RVLL fields have been flooded out just about every year since it formed in 1956 they feel that putting good money after bad is not the way to go any longer; they need a new place for the 200+ children in Town to play ball.  They were asking the Town Board to move quickly on a decision due to time constraints for building the fields to have them ready for opening in April; they have volunteer expertise and funds to do the work; there will be no cost to the Town; during Little League season they are covered by Little League insurance.  RVLL envisions putting up a concession stand and another pavilion (in addition to the Rec Center) for year round and that after their season residents could use the fields as pick-up games or they could be used for league soccer, lacrosse etc. as they do not require the infrastructure that the baseball fields need.  The present fields (Snyder Field off Route 213) could be used for canoe access, practice fields or other sports uses; both properties would remain under the deeded holders; perhaps a ninety-nine year lease for $1.00 per year could be worked out; RVLL would maintain the fields.

Ed Garland, Nick Gantner and John Nilsen all promoted that use for a sports complex would be an economic boon to the Town because of the number of people that would be attracted when tournaments could again be held in Rosendale.

After some discussion on the finer points of making a deal work, it was agreed that a meeting will take place next week with RVLL officers; John Nilsen; Supervisor McDonough; Carl Hornbeck and other Town personnel deemed necessary to work out details. Councilwoman Greene agreed that it was a good idea but she feels that two weeks was a very short time to make such an important decision for use of this land; she was reminded that the same thing happened when they wanted to buy the mountain.  Councilwoman Greene said she feels there should be time for other voices to be heard and that the value of land is important for economic gain; Joy Lapp responded that “it is the value of the children not the land that is important”.  Bob Ryan stated that the poor economy the value of the land is probably dormant for the next twenty years.  .  A consensus of the Board was to move forward with granting permission to use the land which “was a gift to the Town and pay it forward”.


A motion was made by Councilman Hassett authorizing the Rondout Valley Little League to prepare the Creek Locks Commons property for use as a baseball sports complex starting immediately.  This authorization is contingent upon an agreement of use between the Town of Rosendale, Rondout Valley Little League and the American Legion; seconded by Councilman Gallagher.  Roll Vote:  5 Yes.


 A short recess from 8:40 to 8:50pm took place.


Megan Roosa of Girl Scout Troop 60216 gave a very short presentation about a “2.8 mile fun run” fundraiser she plans for October 16th at Williams Lake for her scouting Gold Award.  The money will be used to place picnic tables along the Rail Trail which runs from Gardiner to Kingston and to build an information kiosk near the Trail in Rosendale.  Applications are available on line.


3). DISCUSSION: HRVR Zoning Change Request.  Larry Wolinsky, Land Use Counsel for HRVR, stated that the original zoning application was made in November 2007 and there has been no movement on that application while the SEQRA has been going on; they have been working on the DEIS and are nearly ready to move to the FEIS and would like to get the process re-invigorated while in the FEIS stage.  Mr. Wolinsky stated that the amendment would be in the form of a Local Law and establish the Binnewater Lakes Conservation Planned Development Area; the 779 acres this encompasses is 6% of the Town of Rosendale land mass; HRVR is not opposed to the Town’s proposed Planned Development District (PDD) the two can mesh; he asked the Board to forward the proposed Local Law to the Rosendale Planning Board; ZRC and Ulster county Planning Board for review.  Mr. Wolinsky cited precedent for “unique use zoning” as Bethel Woods in Sullivan County; Prior Sight in Poughkeepsie; AVR Development in Kingston which is traditional neighborhood development.

Supervisor McDonough inquired of Mr. Wolinsky if there would be a formal withdrawal of the previous zoning application; Mr. Wolinsky responded that it could be; Supervisor McDonough stated that he thinks a proper form and the EIF are needed to forward to the Ulster County Planning Board

Councilwoman Greene stated that there may be a need for a separate SEQRA to change Town Law; she will double check.  Councilwoman Greene stated that she thought the process was to be open and transparent; she does not feel this is the case since DEC does not want a quorum present at meetings and information is not flowing back to the remaining Board members so they (Board members) could have more input; if participation by involved agencies is now then we are not included and the process is not transparent; Supervisor McDonough responded that perhaps a summary of those meetings could be available for Board members; he stated that the first meeting was for DEC and the applicant (HRVR) for clarification for the DEIS; the second meeting was for DEC and the applicant for clarification with the Town; Jennifer Metzger stated that she took notes at the Environmental meeting which she gave to the Town Clerk.

Supervisor McDonough  questioned whether there was a need for an EAF and submittal form and a separate SEQRA to submit the proposed zoning law to the Ulster County Planning Board for review; Mr. Wolinsky will contact them directly and report back to the Town;  Supervisor McDonough feels that forwarding this to interested agencies and Ulster County Planning Board at this time does not serve a purpose; he does feel that the Rosendale Planning Board and the ZRC should review it; someone mentioned that it should also go to the Rosendale Zoning Board at this time for their comments.

A motion was made by Supervisor McDonough to refer the proposed zoning law to the Rosendale Planning Board, Rosendale Zoning Board and the ZRC; seconded by Councilman Gallagher.  Roll Vote:  5 Yes.


4). DISCUSSION: Binnewater Dam.   Supervisor McDonough stated that the Town has received an insufficiency rating on the Binnewater Road Dam; it is classed an intermediate hazard (Class B) and we need to develop and Inspection and Maintenance Plan (IMP) and an Emergency Action Plan (EAP) and perform a Safety Inspection and Engineering Assessment; an Engineering Services Proposal from C T Male Associates is provided for Board members to review; the cost as proposed is $16,950; action will need to be taken.


5). RESOLUTION 09-2011-#1 Supporting Grant Application to the Hudson River Valley Greenway.  This grant application is for planning to financially assist the Valley of the Giants project; the grant request is for $10,500; the long range purpose of the project is to locate giant statues along the Route 209 Corridor as tourist attractions to enhance economic opportunities in member communities along the corridor; it is supported by the Village of Ellenville and the Towns of Rochester, Wawarsing and Rosendale.

A motion was presented by Supervisor McDonough to adopt the resolution to support the grant application to the Hudson River Valley Greenway for $10,500 for planning for the Valley of the Giants project; seconded by Councilman Minissali.  Roll Vote:

                        Councilman Gallagher                        Yes

                        Councilwoman Greene           Yes

                        Councilman Hassett                Yes

                        Councilman Minissali             Yes

                        Supervisor McDonough          Yes


6). RESOLUTION 09-2011-#2 Authorizing Expenditure from Rosendale Sewer Department Capital Reserve Fund.  The Rosendale Sewer District has a need for a new pump at the main lift station and the sole source for this equipment is PJ Gallagher of Kingston at a cost of $7,300 and since work is necessary and a capital improvement it falls pursuant to Section 6C of General Municipal Law; the Town of Rosendale authorizes the withdrawal of $5,000 from the Capital Reserve Fund toward the expense.

A motion was presented by Supervisor McDonough to adopt the resolution authorizing payment from the Sewer Capital Reserve Fund in the amount of $5,000 to PJ Gallagher toward the total cost of $7,300; seconded by Councilwoman Greene.  Roll Vote:

                        Councilman Gallagher                        Yes

                        Councilwoman Greene           Yes

                        Councilman Hassett                Yes

                        Councilman Minissali             Yes

                        Supervisor McDonough          Yes


There will be a discussion next month about a tax levy for the Sewer District for the monies expended for engineering work for grant/loan applications.  Councilwoman Greene asked that a copy of engineering report be obtained either from Terry Johnson (if he received it) or from Barton and Loguidice; it was decided that a summary would probably be sufficient to understand the progress made in obtaining either a grant or loan.


Kevin Hines brought to the attention of Supervisor McDonough the need for a Local Law to adopt the Length of Service Awards Program (LOSAP) which was passed by referendum by both the Town of Rosendale and the Town of Ulster which contract with the Bloomington Fire Protection District for fire services; Supervisor McDonough responded that we can schedule a public hearing in October.


Bob Ryan inquired if all Town officials have National Incident Command training; he feels that all officials in the chain of command should be trained as part of their official responsibility.



                        GENERAL FUND VOUCHER’S #810-851 TOTALING $16,896.11

                        HIGHWAY FUND          “          #221-240         “       $18,042.70

                        SEWER FUND VOUCHER’S #141-153 TOTALING $ 4,173.84

                         WATER FUND       “           #143-154         “          $ 7,398.82


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


A motion was made by Councilman Minissali to adjourn the meeting at 10:10pm; seconded by Councilwoman Greene.   Roll Vote: 5 Yes.


                                                                                    Respectfully submitted,



                                                                                    Joan S. Jordan

                                                                                    Town Clerk