TOWN OF ROSENDALE
TOWN BOARD WORKSHOP MEETING
PUBLIC HEARINGS
DECEMBER 5, 2007
Meeting called to order at 7:32 p.m. by Supervisor Gallagher at the Rosendale Community Center with the Pledge to the Flag.
PRESENT: Councilman Kenneth Hassett
Councilman Patrick McDonough
Councilwoman Manna Jo Greene
Councilman Kenneth Cluen
Supervisor Robert Gallagher
ALSO PRESENT: Kevin Hines, Fire Marshall; Dave Massimi, Code Enforcement; Bob Hendrickson, ZBA; Jack Snyder, Water/Sewer; Billy Liggan, Jeanne Walsh, Nick Mercurio, Planning Board; Deidre McCluskey, Economic Devel.; Mary Lou Christiana, Attorney for Town; and about 100 other people.
Supervisor Gallagher stated that we have four public hearings tonight and the ground rules will be that you raise your hand and wait to be recognized. There are also two applications being presented (Wild Rose and Hudson River Valley Resort aka Canopy) no comments will be taken tonight; there will be at least eight (8) public hearings and scoping sessions for those comments to be rendered.
PUBLIC INPUT: Billy Liggan said that Anita Peck should be recognized publicly for her donation to the Recreation (Community) Center of an ice machine and commercial pots and pans.
1-3). Supervisor Gallagher called for the opening of the first three public hearings dealing with amending Town Code to comply with mandated wording of Storm Water Pollution Prevention Plan (SWPP); amending Article IV of Chapter 60 (Subdivision of Land); amending Article 2 of Chapter 74 (Stormwater Management and Erosion and Sediment Control); amending Article VII of Chapter 75 (Zoning) of the Code of Rosendale. The Town Clerk read each notice.
A question was asked about why the amendments were being made; the response was that NYS has mandated that a sentence be added to the Stormwater Local Laws pertaining to these three particular sections to bring our local law into compliance; Councilman McDonough said we are just adding to the list of needed procedure steps dealing with subdivision of land, zoning and stormwater management sediment and erosion.
4).Proposed Local Law amending Section 7-3 of Chapter 7 of the Code of Rosendale; Nick Mercurio showed a graphic of the several proposed methods of appointment for the Environmental Commission. Ellen Berlin asked why this is being enacted; Supervisor Gallagher and Councilman McDonough said there was never any term length in the Code. Councilman McDonough said the terms will be three members with three year terms; starting with appointments of 5,4,and 3 years(total of 9 members) this will provide for diversity on the board and most members will be reappointed if they desire to stay. Ann Sarrentonio asked who appoints the members; response was the Town Board
5). Wild Rose: Chuck Voss, our consultant from C.T. Male, they are making application to create a Stormwater Discharge District. The site plan review is for 22 lots on 80 acres on the site of the former Hurley Sand and Gravel property on Bruceville Road.
Ellen Berlin asked how this would effect the Coxing Cemetery; C.T. Male has reviewed the data and no effect is foreseen. Ed Maestro asked if a hydrology study has been done; Chuck Voss stated that the applicant has done it and C.T. Male has reviewed the data. Ellen Berlin said she has concerns about the very fragile condition on the slopes; Councilman McDonough said he agrees. Councilwoman Greene stated that this should be referred to the Environmental Commission; Councilman Hassett said he thought it had already been referred; Nick Mercurio was asked if the Environmental Commission has reviewed the hydrology report; he replied they have not. A question was raised about using the applicant’s data and our consultant reviewing their data; Mr. Voss stated that they used very reputable consultant for the SWPPP and SPEDES, the information is in line with guidelines and no fraud or misrepresentation appears.
Bob Cahalan of James Street addressed the Town Board about the stormwater situation on James Street; he doesn’t see how the Town can permit additional development when they have not rectified the existing problem. He said there is only and 8” pipe; he is losing 10 to 15 feet of his property and nothing is being done. Councilman Hassett advised that tonight this discussion is site specific to Wild Rose. Mr. Cahalan asked why he has to suffer; he wants something done, it’s been 10 years; he said he may have to sue the Town to replace the stormwater lines. Councilman McDonough stated that for some of the Board this is the first time they have heard about this; they will sit down and see what can be done. Councilwoman Greene said that there have been some complaints over the last two years about drainage, mostly in the area of Fann’s and etc.; now or in the near future an AD HOC committee should be created to look at infrastructure problems. Councilman-elect Minissali agreed with Ms.Greene’s suggestion to refer the review to the Environmental Commission.
Questions were asked about how many roads would be in the Wild Rose development and whether they are empty parcels or would be ready built. Mr. Voss replied that there would be one (1) main service road and that at present they would be empty lots.
6). Application of Hudson River Valley Resorts, LLC: Joe Eriole, attorney for HRVR, gave a brief overview stating that the project requires zoning text amendments. Four hundred (400) acres of the property are already in a conservation easement; 729 acres are undeveloped . The present hotel has 95 rooms the project would expand it to 130 rooms on the present footprint; 165 housing units. HRVR expects a positive SEQRA declaration and are seeking acceptance of the application by the Town Board.
Tim Miller of Tim Miller Assoc.; Brandee Nelson of Crawford & Assoc. Engineering made presentation that this would be a melding of the old and new; a modern special use would be needed to operate in a residential zone.
Mr. Miller stated that they are environmental planners in Cold Springs, NY and have a staff of 25; these are concept plans and are not fully developed; the plan will change through the public review process. Mr. Miller stated that this will be a “green concept” project; building will be done on previously disturbed land (hotel and cement mining); this would be adapted reuse of the land and facility as a “destination resort”. It is intended that there will be rehabilitation of some industrial artifacts and allow preservation of the area. It was suggested that the Planning Board might be “Lead Agency” for the SEQRA process.
Councilwoman Greene stated that she had a one time meeting with Mr. Horton where she said he agreed to a charete outside of the SEQRA process; this has not happened.
Joe Eriole stated that the applicant has done community outreach to which Ms. Greene responded there is a difference between “community and public outreach”.
Ms. Nelson stated that her firm will work on the water, sewer engineering and have done a preliminary assessment; the site is presently served by individual sewer and water systems (septic and water drawn from the lake) with a filtration system installed. The project envisions 101 townhouse units with central water and sewer; the Lake will be the water source (160,000 gallons per day consumption falls in DEC guidelines). Someone from the audience stated that stormwater is a great concern because of the topography;
Supervisor Gallagher said this presentation is to the Town Board; a copy of the application will be available at the Library and will be on the Town web site; Councilman McDonough stated that digital and paper copies will be available for public review. Mr. Miller answered that these are concepts not engineered plans; the hotel presently was allowed under a special permit; this would just create a new special permit.
Chuck Voss, C.T. Male and Mary Lou Christiana, attorney for the Town, outlined that SEQRA is a prescribed process mandated by New York State, they state what information is required; there will be reviews by the zoning board, planning board, a SEQRA, a full environmental impact statement, oral and written comments during the entire review process. Outside professionals will be hired as needed with the cost borne by the applicant not the Town. The Planning Board cannot act until the Zoning issue before the Town Board is settled.
RESOLUTION 12-2007-#1 Accepting Application of Hudson River Valley Resort to be referred to the Town Planning Board.
A motion was made by Supervisor Gallagher; seconded by Councilman Hassett to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene No*
Councilman Cluen Yes
Supervisor Gallagher Yes
*Councilwoman Greene qualified her “no” vote that she was putting them on notice because in previous discussion she thought they were going to try a collaborative land use process; this hasn’t happened.
Supervisor Gallagher called a 10 minute recess at 9:10 p.m.
7). Discussion: Bank of America use charges: Bank of America has been charging exorbitant fees on Town accounts.
A motion was made by Councilman McDonough to have the Supervisor put out to bid for commercial services; seconded by Councilman Hassett. Roll Vote: 5 Yes votes.
8). Discussion: Rondout Reservoir flood attenuation graph: A letter from City of New York EPA dated November 9th, with attached graph showing the inflow and outflow from the Rondout Reservoir during the storm period April 15-18, 2007. Councilwoman Greene stated that this is “not a closed conversation”. Supervisor Gallagher said there are several organizations working together to mitigate these situations (flooding). The Rondout Creek Watershed Commission is planning a spring meeting to educate the public.
9). Discussion: DWI Task Force Patrols: Letter and copy of 2008 contract from Ulster County Stop DWI; attention was drawn to a new “Schedule C” item requiring a copy of the Town’s certificate of insurance be provided to complete the “Agreement”. A resolution will be presented next week to adopt this agreement. Councilman Hassett stated that he is concerned about the additional request for our insurance; he’s concerned that Ulster County is trying to absolve itself of liability and have it come back to the Town. Councilman Cluen suggested that we have our insurance representative review the contract prior to adoption of the resolution; Councilman Hassett agreed this is a good idea for the review though he feels it’s pretty much a “boiler plate” contract.
10). RESOLUTION 12-2007-#2 To Participate in the Ulster County Multi-Jurisdictional Natural Hazard Mitigation Plan.
Related to the FEMA grant recently received by Ulster County, the Town of Rosendale is invited to join with Ulster County in a multi-jurisdictional hazard mitigation plan or we must develop a plan of our own plan as mandated by the Disaster Mitigation Act (DMA) of 2000. Councilman McDonough stated that the cost to the Town might be “in kind services” but that “home rule” will prevail. We are to appoint a representative and an alternate to the committee; Joe Havranek has agreed to be representative and Councilman (supervisor-elect) McDonough has agreed to be alternate. We must sign on before December 11, 2007.
A motion was made by Supervisor Gallagher; seconded by Councilman McDonough to participate in the Ulster County Multi-Jurisdictional Natural Hazard Mitigation Plan. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
11). Discussion: Creek Locks Common property subdivision: A resolution will be presented next week to authorize application for subdivision of the Creek Locks Commons property to sell/lease to the Rosendale Sewer District about two (2) acres for future needs of the Sewer District (reed beds, possible extension behind the car wash and Kallop Road problem areas).
Councilwoman Greene commented on the NYS Comptroller’s audit of the solar project at the Community Center; they estimated that after 60 years the Town will have saved $84,000.00; they hope we will continue to expand solar use within future Town projects. Ms. Greene thanked Nick Mercurio for supervising the audit for the Environmental Commission and the Town Board for their creativity in the funding the project, it didn’t cost the Town any money.
Councilman McDonough stated preliminary investigation is being done for energy conservation at the sewer plant; reed beds are part of the plan.
Someone in the audience suggested harnessing the methane gas emissions at the Transfer Station.
Edward Williams asked to either speak with the Board members in public (at that time) or in the future personally or by phone regarding a letter he submitted for each of them. Supervisor Gallagher stated they had just received the letter and had not had opportunity to read it.
Richard Minissali mentioned that there was another incident (car/pedestrian) on James Street last week; side walks are needed. Jack Snyder said we need more police presence on James Street and they should be doing more ticketing; it will get worse when they start the bridge rehab project.
A motion was made by Supervisor Gallagher to close all four public hearings at 10:10 p.m.; seconded by Councilman McDonough. Roll Vote: 5 Yes votes.
AUDIT OF BILLS:
GENERAL FUND VOUCHER’S #1135-1166 TOTALING $11,461.98
HIGHWAY FUND “ # 284-291 “ $ 7,103.53
SEWER FUND “ # 196-200 “ $ 438.04
WATER FUND “ # 210-217 “ $ 1,264.59
A motion was made by Councilman Hassett to pay the bills; seconded by Councilwoman Greene. Roll Vote: 5 Yeses.
DATES TO REMEMBER:
1. Sat., Dec. 8th, noon-6:00 p.m. 4th Annual Frozendale Winter Festival
2. Sun., Dec. 9th, 1:00-5:00 p.m. Annual Food & Toy Drive to benefit the Rondout Valley & Rosendale Food Pantries, High Falls Firehouse. Santa will be there for pictures, coffee, hot chocolate & cookies will be served.
3. Wed., Dec. 14th, 7:30 p.m. Town Board Meeting
4. Tues., Dec. 25th, C.H.E.F’s dinner, Community Center
5. Tues., Dec. 25th, Christmas Day, TOWN OFFICES CLOSED
6. Tues., Jan. 1st, New Year’s Day, TOWN OFFICES CLOSED
7. Wed., Jan. 2nd, 7:30 p.m., Town Board Workshop
8. Wed., Jan 9th, 7:30 p.m. Town Board Meeting
Respectfully submitted,
Joan S. Jordan
Town Clerk
TOWN OF ROSENDALE
TOWN BOARD MEETING
DECEMBER 12, 2007
The meeting was called to order by Supervisor Gallagher at 7:31 p.m. at the Rosendale Community Center with the Pledge to the Flag.
Supervisor Gallagher asked all to remain standing for a moment of silence in memory of Mrs. (Ann) Jerkowski who passed away last night.
PRESENT: Councilman Kenneth Hassett
Councilman Patrick McDonough
Councilwoman Manna Jo Greene
Councilman Kenneth Cluen (arrived at 8:05 p.m.)
Supervisor Robert Gallagher
ALSO PRESENT: Planning Board members Fred Greitzer, Randi Morf, Jeanne Walsh, Joe Havranek, Billy Liggan; Building Inspector Tom Fiore; Code Enforcement Officer Dave Massimi; and about 60 concerned citizens.
PETITIONS: Mark Morgenstern read a letter from James Bryan Bacon, Esq. on behalf of “Save the Lakes” organization pertaining to Hudson River Valley Resort’s zoning petition as being improper “spot zoning” and should the Town determine to examine the petition, the Town Board should declare itself “lead agency”. The letter is on file at Town Hall.
COMMUNITY EVENTS: Billy Liggan extended invitation on behalf of the Rosendale Chamber of Commerce to all presently seated members of the Board and members-elect to attend their function December 20th at Victoria’s Garden.
Councilman McDonough also noted that our Youth Office would be holding their Annual Holiday Open House on Saturday, December 15th from 2:00-8:00 p.m.
COMMITTEE REPORTS: Councilman Hassett announced that the Recreation Commission and ZBA minutes are on file and he read his final Building Inspector report for November which is also on file at Town Hall.
Councilman McDonough stated that the minutes of the Police Commission, Justice Report and Planning Board minutes are on file. Councilman McDonough stated that he attended last week’s (December 6th) Planning Board meeting and a discussion ensued about qualifications; he wants to publicly apologize to all Planning Board members for the way he stated at that meeting; no way did he mean to impugn the qualifications of any these dedicated volunteer members.
Councilwoman Greene reported that the Water/Sewer Commissioners are considering asking the Town Board to replace the language regarding multiple unit charges in §73-18 of the Town Code; they are leaning toward repealing that section. They want to have a meeting with the Town Board to discuss this and hope to have it resolved soon. Ms. Greene read from the Transfer Station report which is on file at Town Hall.
Ed Maestro of the Environmental Commission passed out copies of the “Rosendale Groundwater Protection Plan” prepared by Steven Winkley of NY Rural Water Association to Town Board member and filed a copy with the Town Clerk.
SUPERVISOR’S FINANCIAL REPORT: Supervisor Gallagher read the end balances for the month of November 2007, copy on file with the Town Clerk.
APPOINTMENT/RESIGNATIONS: Supervisor Gallagher announced the resignation of Marc Deslandes; police officer; and MaryAlice Klepeis, recording secretary to the Recreation Commission.
A motion was made by Councilman Hassett to accept the resignations of Marc Deslandes and MaryAlice Klepeis with regret; especially Mrs. Klepeis who has served the Commission for many years; seconded by Councilman McDonough. Roll Vote: 4 Yes, 1 Absent.
Councilman McDonough echoed Councilman Hassett in regretting MaryAlice’s departure.
Supervisor Gallagher announced that Daniel Baker of Tillson is the Town Board’s choice to become the new Rosendale Assessor.
A motion was made by Councilman McDonough to appoint Daniel Baker as Assessor effective January 1, 2008 at an annual salary of $38,000.00; seconded by Councilman Hassett. Roll Vote: 4 Yes, 1 Absent.
1). Kingston Public Access: Tim Morrison said that we are nearing closure on a contract with Time Warner Cable, he expects it should be final by February. We will need to have a public hearing and a resolution assigning Time Warner …………………………...
We are talking about discounts; each school and library in the Town of Rosendale would receive free basic TV and a free Roadrunner modem; each municipal building, church (in hall or etc.), fire company would receive basic TV free and a 50% discount on Roadrunner with the installation fee being waived. Tim said he will draft a letter for the Town Clerk to send to the non-profits explaining this.
2). Hazard Mitigation Plan: Joe Havranek explained that there is FEMA grant money available which Ulster County is applying to take the lead as it is very costly for small municipalities to carry out the assessment. Identifying local risk area will be done to protect bridges and infrastructure from damage, mainly from flooding. A “boiler plate” letter will be going out to all fire departments and etc. seeking volunteers. Joe said this is a “good deal”. He also noted that on the cover of the brochure are the properties of Meg Ryan and John Maylie, Rosendale residents. Ulster County’s home web page has this information and can share the communication link for input.
3). RESOLUTION 12-2007-#3 Adopting Local Law Amending Article IV, Section 60-10 ( C ) and Section 60-12 (E) of Chapter 60 of the Code of Rosendale (Subdivision of Land).
A motion was made to adopt the resolution by Supervisor Gallagher; seconded by Councilwoman Greene. Roll Vote:
Councilman McDonough Yes
Councilman Cluen Absent
Councilwoman Greene Yes
Councilman Hassett Yes
Supervisor Gallagher Yes
4). RESOLUTION 12-2007-#4 Adopting Local Law Amending Article 2, Section 2.2.2.1 (17) of Chapter 74 of the Codes of the Town of Rosendale (Stormwater Management & Erosion & Sediment Control).
A motion was made by Supervisor Gallagher; seconded by Councilman Hassett to adopt the resolution. Roll Vote:
Councilman McDonough Yes
Councilman Cluen Absent
Councilwoman Greene Yes
Councilman Hassett Yes
Supervisor Gallagher Yes
5). RESOLUTION 12-2007-#5 Adopting Local Law Amending Section 75-40 (C-5-e) of Chapter 75 of the Code of the Town of Rosendale (Zoning).
A motion was presented by Supervisor Gallagher; seconded by Councilman McDonough to adopt the resolution. Roll Vote:
Councilman McDonough Yes
Councilman Cluen Absent
Councilwoman Greene Yes
Councilman Hassett Yes
Supervisor Gallagher Yes
6). RSOLUTION 12-2007-#6 Adopting Local Law Amending Section 7-3 of Chapter 7 of the Code of the Rosendale (Conservation of the Environment, Commission for) to Increase the Term of Appointment for Members of the Commission for Conservation of the Environment.
A motion was made by Supervisor Gallagher to adopt the resolution; seconded by Councilman McDonough. Roll Vote:
Councilman McDonough Yes
Councilman Cluen Absent
Councilwoman Greene Yes
Councilman Hassett Yes
Supervisor Gallagher Yes
7). RESOLUTION 12-2007-#7 STOP DWI Agreement.
A motion was presented by Supervisor Gallagher; seconded by Councilman Hassett to adopt the resolution. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
8). RESOLUTION 12-2007-#8 Authorizing Application for Subdivision of Creek Locks Road Property.
A motion was made by Supervisor Gallagher to adopt the resolution; seconded by Councilwoman Greene and Councilman Hassett. Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
Councilwoman Greene Yes
Councilman Cluen Yes
Supervisor Gallagher Yes
9). RESOLUTION 12-2007-#9 Budget Amendment. An erroneous appropriation was made in the 2008 Rosendale Sewer District Account SS9030.8 in the amount of $1,180.00; the resolution authorizes:
A. Decrease in SS9030.8 (Social Security) by $1,180.00, from $7,000.00 to $5,820.00.
A motion was made by Supervisor Gallagher to adopt the resolution; seconded by Councilman Hassett: Roll Vote:
Councilman Hassett Yes
Councilman McDonough Yes
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