TOWN OF ROSENDALE TOWN BOARD                          

JOINT ENVIRONMENTAL REVIEW BOARD

FEBRUARY 21, 2008

The Planning Board met at 7:00 p.m. to discuss whether to proceed as a joint review board with the Town Board for the SEQR on the Hudson River Valley Resort application; DEC Region #3 has also indicated that it will seek lead agency.  The Planning Board after discussion voted to pursue lead agency solely in the matter.

The Joint Environmental Review Board (JERB) and the Rosendale Town Board convened at 7:35 p.m.at the Rosendale Community Center with the calling of the roll of both boards as follows:

Planning Board:            Chairman Billy Liggan   Present

                                    Fred Greitzer                            Present

                                    Randi Morf                               Present

                                    Peter Perry                               Present

                                    Joe Havranek                           Present

                                    Alternate Nick Mercurio           Present

Town Board:                Supervisor Patrick McDonough            Present

                                    Councilwoman Manna Jo Greene          Present

                                    Councilman Kenneth Cluen                   Present

                                    Councilman Rich Minissali                     Present

                                    Councilman Robert Gallagher    Excused

Also Present:                Mary Lou Christiana, Counsel to Planning and Town Board

                                    Charles (Chuck) Voss, C.T. Male Assoc.

                                    Dave Plante, C.T. Male Assoc.

Supervisor McDonough stated that the best chance for the Town to retain lead agency would be by having the Planning Board take lead agency since DEC Region #3 has foiled the effort to have a joint lead agency; they intend to pursue lead agency.

Councilwoman Greene stated that she has concerns about the advise that the DEC Commissioner would never act on a joint lead agency.  Ms. Greene stated that she spoke with Mr. Ewing and he said there is no language in the law to deter a decision of joint lead agency; she said that she was told that if they felt that pursuing joint lead agency would harm us, we would receive a warning. Ms. Greene asked the Planning Board if this new information would change their earlier decision; their response was “no”.

Mary Lou Christiana, counsel, stated that in the early 1990's two agencies seeking joint lead agency were told the DEC Commissioner could only act on one; there is a new commissioner and perhaps a new interpretation.  Ms. Christiana stated that we must have a decision to DEC by tomorrow (February 22nd). 

Councilman Minissali said that he felt the “die is cast” since we said both yes and no; in the future we must move in a more cautious manner.

Supervisor McDonough asked if the Town Board should continue to pursue lead agency; he is not choosing to make a motion to have the Town Board go forward since the Planning Board voted to continue to seek lead agency.

Councilman Cluen stated that he concurred; all the people will be heard throughout the process; DEC will provide for all our needs for information whether as lead agency or an involved agency.  Mr. Cluen has concerns about DEC being in control of the escrow; but the Town would still be in control of decisions.

Councilman Minissali questioned the letter dated February 11, 2008 from DEC asking if they will honor what was stated if they become lead agency.

Planning member Nick Mercurio stated that he recently attended a conference where the DEC Commissioner spoke; within the course of 4 minutes the Commissioner stated at least 8 times, “when we are lead agency”; which did not give him an easy feeling.

Councilwoman Greene stated that this raises concerns as to the degree DEC controls the process; citing “home rule” Ms. Greene stated there are times when DEC should and should not become lead agency.

Chairman Liggan stated that if the Planning Board becomes lead agency we will retain control of the escrow and look at local issues which DEC may or may not do; they seem more regionally driven.

Joe Eriole, attorney for HRVR, was present, Councilman Minissali invited Canopy to come and present information.  Mr. Eriole stated that all three (3) players would do a good job as lead agency in the SEQR process; none of the decisions can take jurisdiction away from the Town or DE; he advised to “rally behind one board” as the best chance.  He stated that Canopy is anxious to come back in formal and informal sessions.

Planning member Joe Havranek said that the Planning Board has already taken action to be lead agency; we must become united.  He further stated that Ms. Christiana will need to present a strong case to the DEC for keeping the process in Rosendale.

Joanne McParland, resident, stated that she is disappointed in the Town Board in not going forward for lead agency; she feels that Planning Board is “pro Canopy”.

Supervisor McDonough said that we came together for the best benefit of the Town in a collaborative way, now our best chance to retain control is to allow the Planning Board to proceed.

Planning members Morf and Havranek stated that this will still be a collaborative review.  Mr. Havranek stated that the Planning Board is not “pro Canopy’ but “pro Code” and they treat each applicant the same by applying the code.  Supervisor McDonough concurred that the Planning Board is “pro Code”; they go beyond the code to benefit the Town.

Councilman Cluen stated that the Planning Board is “pro the process”; if you follow the process both positive and negative will be brought out.

Bob Cahalan, a resident, asked what “Save the Lakes” wants to save the lakes from; who will make up the taxes.

Tim Trompetter, a resident, asked who will represent Rosendale; Supervisor McDonough said that he and the Planning and Town Boards will represent the Town.

Pete Perry stated that as involved agencies, both Boards will represent the Town interests through the process.

Laura Morielli, a resident, asked if there was any way to show DEC we are behind the Town; Ms. Christiana said she would check to see if letters of support and etc. would help and be entered into the process.

Noelle Damon, a resident, asked should DEC make the decision to keep the process, is there any way to keep the process open.  Councilwoman Greene stated that to hold closed sessions, all must agree to hold closed meetings.

Jeanne Walsh, a resident, stated that Save the Lakes made personal attacks on Planning Board members, if they were to come together in support of the Planning Board seeking lead agency it could have an affect.

Ann Kalmbach, a resident, stated that she feels DEC are protecting their jobs; they may do mediocre reports; when will the public see the reports.

Supervisor McDonough said that the public will get the information from the Town Board and Planning Board

Planning member Nick Mercurio stated that a letter to any agency will live forever and they are

FOIL-able; letters of support could never hurt our cause.

Planning member Havranek suggested that letters from the Town Board and Save the Lakes written in support of the Planning Board being lead agency would help Ms. Christiana support her case before the DEC Commissioner.

Mark Morganstern, a resident, questioned who legal counsel represents; Supervisor McDonough replied that Ms. Christiana is legal counsel to the Planning Board in general and is representing the Planning Board and the Town Board on this application.

A motion was made by Supervisor McDonough that the Town Board authorize the Supervisor to write a letter to DEC Region #3 supporting the intent of the Rosendale Planning Board to seek lead agency; seconded by Councilman Cluen.

Discussion followed during which Supervisor McDonough stated we have a time frame until tomorrow (February 22^nd); a letter will come from the Planning Board declaring their intent to be lead agency and dissolve the JERB; a letter should come from the Supervisor supporting the Planning Boards intent to become lead agency and carbon copying the DEC Commissioner and all involved agencies.

The motion was amended by Supervisor McDonough and seconded by Councilman Cluen to include carbon copying the DEC Commissioner and all involved agencies.  Roll Vote:

Councilwoman Greene asked to make a statement before casting her vote; she believes that the Town Boar should stay in the race; she agreed with the earlier action but feels she would be voting a contradiction to her original conviction.

Roll Vote:         Councilwoman Greene              No

 Councilman Cluen                    Yes

 Councilman Minissali                Yes

 Supervisor McDonough            Yes

 Councilman Gallagher               Absent 

Jeanne Walsh reminded everyone that all involved will have the opportunity to respond and have input; we have to keep them informed through the process.

Supervisor McDonough thanked the Planning Board and Billy Liggan thanked the Town Board for all the hard work they put into this process.

A motion was made by Councilwoman Greene to adjourn at 8:38 p.m.; seconded by Planning member Morf.  Unanimous Yes vote.

            Respectfully submitted,

            Joan S. Jordan

TOWN OF ROSENDALE

TOWN BOARD MEETING & AUDIT OF BILLS

FEBRUARY 20, 2008

Meeting opened at 7:33 p.m. by Supervisor McDonough @ the Rosendale Community

            Center.

            PRESENT:       Councilwoman Manna Jo Greene

                                    Councilman Kenneth Cluen

                                    Councilman Richard Minissali

                                    Supervisor Patrick McDonough

            ABSENT:        Councilman Gallagher

ALSO PRESENT: Fred Greitzer, Billy Liggan, Randi Morf, Judy Lenz, Ken Hassett, Tim Morrison and 12 other residents.

PETITIONS: None 

PUBLIC INPUT: Jack Walsh wanted to know about the multi unit 

            Meter law possibly being repealed. The supervisor asked Councilman Minissali to

            please explain. He said there was some question as to enforcing it, also stated   

            there are still openings on the commission. Councilman Minissali stated that the Water/Sewer district is still operating in the red and they are thinking on lowering

            Usage rate from 5000 to 4000gallons. Jack asked should why his tenants and he           be penalized for following the law and having separate meters. Supervisor             McDonough said he did not know how the board can pit one W/S customer 

            against another. Jack said the law needs to be enforced or something on that line.

            Also asked who has final say Town Board or Water/Sewer Commission, Pat said         Town Board. Councilwoman Greene said problem is still in definition of what a           unit is. Councilman Minissali restated W/S runs in the red until we do something    to fix it. Supervisor told Jack it needs to be addressed at W/S meeting.

                        Mark Morganstern and Peter Fiorentino spoke for Save the Lake. Pat reminded them they would be able to address it during the review process. Copy    of the statement is on file.

COMMUNITY EVENTS:

           
            1)   Chili Bowl - Sat. February 23, 2008

            2)    St. Patty’s Dinner/Dance - March 15, 2008 American Legion.

MINUTES OF PRIOR MEETING:  Minutes of January 2, 9, & 18, , 2008 Town Board         Meetings were  be accepted on motion by Councilwoman Greene and second by      Councilman Cluen.

Roll Vote: 4 yes, 1 absent

                        Councilwoman Greene           Yes

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

SUPERVISOR’S FINANCIAL REPORT: ENDING BALANCE READ FOR  JANUARY.

COMMITTEE REPORTS :

                        Councilwoman Greene - Police Dept. dates have been set to start contract negotiations again. Supervisor also stated 2 full time position need to be filled temporary to start.

                        Councilman Cluen-     Youth  doing fine. Babysitting course being offered,

                                                            Working on fund raising, car show, etc.

Transfer Station  going along well, collecting fees and making money.

Courts making money like always. The two Vehicle & Traffic prosecutors are in place and working out.

Councilman Minissali-W/S talked about all ready, only want to add that the sewer treatment plant bond is almost paid off.

Chamber of Commerce had no Valentine event this year. Chili Bowl coming this week and working on other things.

Zoning Board met with no actions, but have new member Brian Farmer.

Councilwoman Greene- Planning Board several line adjustments.Wildrose going along. JERB meeting tomorow night.

APPOINTMENTS & RESIGNATIONS:

                        Motion by Councilman Cluen to appoint Stacia Torelli, Youth                                        Commissioner. Seconded by Councilwoman Greene.                  
Roll Vote -  4 yes, 1 Absent

1) Letter from NYS DEC re: Lead Agency Status on HRVR Application

            Supervisor McDonough said DEC still wants lead agency. They will hold public hearing in town . If the town can not come to agreement with DEC  Zone 3 then the matter will go to the Commissioner of the DEC for a decision as to who will take lead agency. The JERB will meet tomorrow night to decided how to proceed. Town still will have the other matters to consider about the project.

2) RESOLUTION 2-2008-# 1  Appointment of Alternate Member  to Zoning Board of Appeals. Appointing David Soman for term February 2008 to February 2009.

A motion was made to adopt the resolution by Supervisor McDonough; seconded by Councilwoman Greene.      

Roll Vote: 4 yes, 1 Absent

                        Councilwoman Greene  Yes

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

3) RESOLUTION 2-2008- #2  Authorizing Purchase of Backhoe for Highway Department.

A motion was made by Supervisor McDonough; seconded by Councilman Cluen to adopt the resolution. Councilman Minissali questioned if it was urgent that they get it, Supervisor McDonough said yes.

Roll Vote: 4 yes, 1 Absent

                        Councilwoman Greene  Yes

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

4) RESOLUTION 2-2008- #3  Authorizing Agreement with NY Rural Water Association for Groundwater Mapping.

A motion was made by  Supervisor McDonough; seconded by Councilman Minissali to adopt the resolution.

Roll Vote: 4 yes, 1 Absent

                        Councilwoman Greene  Yes

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

5) RESOLUTION 2-2008- #4  Authorizing Ron Henry of the Firm Commonwealth Electrical Inspection to Conduct Business in Rosendale.

A motion was made by Supervisor McDonough; seconded by Councilwoman Greene to adopt the resolution.

Roll Vote: 4 yes, 1 Absent

                        Councilwoman Greene  Yes

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

6) RESOLUTION 2-2008- #5  Authorizing the Purchase of 2 Toughbook Laptop Computers for Police Department from Evolution Technologies.

A motion was made by Supervisor McDonough; seconded by Councilman Cluen to adopt the resolution. Fred G. asked brand, Rich thinks Panasonic.

Roll Vote: 4 yes, 1 Absent

                        Councilwoman Greene  Yes

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

7) RESOLUTION 2-2008- #6  Authorizing the Purchase of Updated Telephone System for Justice Court and Police Department.

A motion was made by Supervisor McDonough; seconded by Councilman Manissali to adopt the resolution.

Roll Vote: 4 yes, 1 Absent

                        Councilwoman Greene  Yes

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilman Minissali                Yes

                        Supervisor  McDonough           Yes

8) RESOLUTION 2-2008- #7  Authorizing the Renewal of Customer Service and Maintenance Agreement for Telephone System at 339 Main Street.

A motion was made by Supervisor McDonough; seconded by Councilwoman Greene to adopt the resolution.

Roll Vote: 4 yes, 1 Absent

                        Councilwoman Greene  Yes

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

9) RESOLUTION 2-2008- #8  Authorizing the Renewal of Customer Service and Maintenance Agreement for Telephone System at 424 Main Street.

A motion was made by Supervisor McDonough; seconded by Councilman Cluen to adopt the resolution.

Roll Vote: 4 yes, 1 Absent

                        Councilwoman Greene  Yes

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

10) RESOLUTION -2008- #9  To hold a Public Hearing to Consider Whether or Not To Adopt a Resolution To Authorize the Supervisor to Accept Proposed Franchise Agreement with Time Warner NY Cable, LLC, As Amended.

A motion was made by Supervisor McDonough; seconded by Councilwoman Greene to adopt the resolution.

 Tim Morrison spoke about the question of HBO. He called Time Warner and they said they sent at letters offering a free box for 6 months then $7.00 per month after that. Their phone number is 692-5339. Also said channel 10 WRGB Albany went black but was still airing and is looking into it. Brenda from Time Warner said say was sending a list of Basic & extended channels. Councilwoman Greene wants letter written in regard to the channel being removed and shifted to channels. Supervisor to send letter to Time Warner. Joan Jordan as resident asked if letter could be sent to PSC also. Supervisor agreed to do that. Councilman Minissali said let them know we are not happy. 

Tim also said he e-mailed final contact to Town Clerk Joan Jordan and we need 3 copies for signing.

Roll Vote: 4 yes, 1 Absent

                        Councilwoman Greene  Yes

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

FOR THE GOOD OF ROSENDALE:

Hal Sampson made statement that since he came here in the 60’s all he heard is how we need business, now people are fighting it.

Lisa Resnick asked about the bears in the area and if we can get information out to the public. DEC is doing training on the subject at this time.

AUDIT OF BILLS:

            GENERAL FUND VOUCHER’S       # 139-194        TOTALING $ 30132.08

            HIGHWAY FUND       “                     #  22-  38         TOTALING $ 10617.64

            SEWER FUND             “                     #  13-  27         TOTALING $   4721.53

            WATER FUND            “                     #  14-  28         TOTALING $   4983.14

A motion was made by Councilwoman  Greene to pay bills, seconded by Councilman Minissali.

Roll Vote: 4 yes, 1 Absent

A motion was made by Councilman Cluen to adjourn at 9:45 p.m.; seconded by Councilman Minissali.

Roll Vote : 4 yes, 1 Absent

                                                                                                Respectfully submitted,

                                                                                                Debra Tierney

                                                                                                Deputy Town Clerk