Home Page

Your Officials

Town Departments

Town & Area Phone Numbers and links

Town Ordinances

Town Meeting Calendar

Public Hearings/Legal Notices

Town Board Minutes & Agenda

Zoning Board of Appeals Minutes & Agenda

Planning Board Minutes & Agenda

Town Code Book

Town Events

Links of Interest

Town Businesses

Our Town in Pictures

Help Wanted

Forms

Boards

Route 32 Bridge Rehab

Hudson River Valley Resorts Project

2007Comprehensive Plan

-------------------------------------------------------------------------

TOWN OF ROSENDALE                                   DRAFT

TOWN BOARD MEETING

MARCH 12, 2008

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

            PRESENT:       Councilwoman Manna Jo Greene (arrived at 7:40 p.m.)

                                    Councilman Kenneth Cluen

                                    Councilman Richard Minissali

                                    Supervisor Patrick McDonough

            ABSENT:        Councilman Robert Gallagher

ALSO PRESENT: Tim Morrison, Cable Commission; Ed Maestro, Environmental Commission; Gary Jacobson and Fred Greitzer, Planning Board; and about a dozen residents.

PETITIONS: No petitions were presented.

PUBLIC COMMENTS: There were no comments presented.

COMMUNITY EVENTS:

1.                  Fri., March 14^th – Republican Fish Fry – Community Center – 5:00 to 7:00 p.m.

2.                  Sat., March 15^th – American Legion St. Patrick’s Day Dinner

3.                  Mon., March 17^th, 5:00- 8:00 p.m. – 4^th Annual Democratic Corned Beef Dinner

4.                  Fri., March 21^st, GOOD FRIDAY – TOWN OFFICES CLOSED

5.                  Sat., April 19^th – 8a.m. to 1 p.m. – Household Hazardous Waste Collection, UCRRA

6.                  Sat., April 26^th – Beltane Festival, Center for Symbolic Studies

MINUTES OF PREVIOUS MEETINGS: The minutes were not accepted at this time; review and a few minor changes (spelling) were made to the draft minutes. A motion was made at the end of the meeting by Councilwoman Greene to accept the minutes of February 6, 20 and 21; seconded by Councilman Cluen. Roll Vote: 4 Yes, 1 Absent.

COMMITTEE REPORTS: Councilman Cluen reported that DFY has sign ups for T-Ball and registrations for Summer Camp going on; May 18^th from 10-4 is the Annual Car Show; a Defensive Driving Class is being given of April 28 & 29^th, cost $40.00 with $10.00 going to the Youth Commission. The Transfer Station report stated they are covering expenses. Councilman Cluen also reported that Ulster County has revived the Municipal Recycling Committee and Rayne Kouhout (our Recycling Coordinator) will be serving on that Committee.

Councilman Minissali reported that the Water/Sewer Commission is still in need of members; they had no quorum for the last meeting and could not conduct business; ZBA had no applications pending or submitted.

Councilman Minissali reported for Councilwoman Greene on the Planning Board meeting that he attended; the Wild Rose Subdivision (21 cluster homes off Bruceville Road) was under discussion relating to their Stormwater Compliance. Councilman Minissali stated that the meeting became a little contentious and the attorney’s for Wild Rose read the EAF (Environmental Assessment Form) point by point. Fred Greitzer, Planning Board member, interjected that three members of the Planning Board had attended a training session the night before (3/11) on Stormwater Better Site Design which should help in the review of this project.

Councilwoman Greene reported that the Police Commission had no meeting in February due to inclement weather, however the Police Union contract negotiations are under way.

SUPERVISOR’S FINANCIAL REPORT: Supervisor McDonough read the end balances for February; the report is on file with the Town Clerk.

APPOINTMENTS: Supervisor McDonough stated that Police Chief DiBattista has provided copies of the applications of the two candidates for the two part-time police officer positions; he is requesting that the appointments be made now to ease the scheduling problem. Chief DiBattista has started the background checks (both are currently members of the Ellenville Police Dept.) since the Police did not meet last month to approve their hiring; the appointments will be contingent upon the completion of background checks and the recommendation of the Police Commission.

A motion was made to hire Joseph Nuzzo and Joshua Caliendo as part-time police officers, contingent upon background checks and recommendation of the Rosendale Police Commission; seconded by Councilman Minissali. Roll Vote: 4 Yes, 1 Absent.

Supervisor McDonough stated that three previously appointed positions need to be re-appointed due to thirty days expiring without the individuals taking the oath of office for various reasons. The re-appointments are: Thomas Loughlin, Assessment Board of Review, 5 years; Nora Snyder, Youth Commission, 2 years; Matt Terpening, Youth Commission, 2 years.

A motion was made by Supervisor McDonough to re-appoint Thomas Loughlin, Nora Snyder, and Matt Terpening to the positions named above; seconded by Councilman Cluen. Roll Vote: 4 Yes, 1 Absent.

1). Time Warner Public Hearing: Supervisor McDonough asked the Town Clerk if any written comments had been received since the meeting on March 5^th; her response was “none had been received”. Supervisor McDonough then asked that a motion be made to close the public hearing.

A motion was made by Councilman Minissali to close the Time Warner public hearing; seconded by Councilman Cluen. Roll Vote: 4 Yes, 1 Absent.

2). RESOLUTION 3-2008-#1 Authorizing a Franchise Agreement with Time Warner.

Tim Morrison, Chairman of Cable Commission, thanked the Town Board, Mary Ann Lonsbury; Deb Tierney and Janet Mitchell for their work over the last 2-1/2 years bring this agreement to fruition. Tim also gave a copy of the cable ready channel schedule to the Town Clerk for distribution to residents receiving basic services.

Tim also made the recommendation to the Town Board that the Cable Commission be dissolved; there are no further franchise issues and should Verizon come in, New York State is looking to take franchises out of the hands of the Towns. Tim stated that since he has established a network with Time Warner, he would be willing to continue assisting the Town in any way he could related to cablevision.

Supervisor McDonough said that he will look into what needs to be done to dissolve the Commission.

A motion was made by Supervisor McDonough to adopt the resolution to accept the Franchise Agreement with Time Warner Cable; seconded by Councilman Cluen. Roll Vote:

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilwoman Greene Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

3). RESOLUTION 3-2008-#2 Announcing a Public Hearing to Update the Town Noise Ordinance. Supervisor McDonough related that there have been many complaints about the early hours of waste haulers by residents in various areas of Town. Councilwoman Greene stated that having worked with the haulers over the years she hopes we can work with them so as not to be to severe; she feels that an 8:00 p.m. to 6:00 a.m. curtailment to pick ups would work better than the mentioned 8:00 p.m. to 7:00 a.m.; she further wanted to make the haulers aware of the public hearing so they can participate in the process of updating the ordinance. Discussion also took place relating to the recent increase in fly-over noises from Stewart Airport; this should also be addressed during the update. Ed Maestro of the Environmental Commission stated that we need to apply equal force to have the Port of Authority and the FAA consider Stewart Airport as a regional airport rather than a fourth metropolitan airport. The merits of forming or joining a group to oppose expansion of Stewart Airport were briefly discussed; this will be on going.

A motion was made by Supervisor McDonough to schedule a public hearing for April 2, 2008 to consider whether to amend the Town Code Chapter 47 Sections 3 and 6 of the Noise Ordinance; seconded by Councilman Minissali. Roll Vote:

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilwoman Greene Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

4). Discussion: 17^th Annual Beltane Festival Site Plan: Supervisor McDonough has addressed the site plan to our Mass Gathering Local Law which has a threshold of 1,000 people even though they fall below that attendance figure. Supervisor asked Board members to review the plan and we will vote on accepting the site plan at our April 2^nd meeting.

5). RESOLUTION 3-2008-#3 Authorizing the Assessor to Undertake a Town-wide Reassessment of Real Property. A very brief discussion took place about the process.

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

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilwoman Greene Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

6). RESOLUTION 3-2008-#4 Authorizing Commercial Valuation Services. The resolution authorizes the Supervisor to sign the proposal with Michael Dunham for Commercial Valuation Services for a total cost of $5,500.00. This valuation does not include Iron Mountain Property which is addressed separately.

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

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilwoman Greene Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

7). RESOLUTION 3-2008-#5 Authorizing Agreement for Complex Appraisal of Criterion Atlantic Property. This resolution is to authorize the services of Don McGrath & Company to perform a complex commercial appraisal of the Criterion Atlantic property (Iron Mountain).

A motion was made by Supervisor McDonough and seconded by Councilwoman Greene to adopt this resolution. Roll Vote:

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilwoman Greene Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

8). RESOLUTION 3-2008-#6 Authorizing Agreement for Purchase of Police Vehicle.

This resolution authorizes the purchase of a 2008 Crown Victoria from Warnock Fleet and Leasing under NYS Contract bid #55667 for a total of $22,222.00 with the first payment of $11,625.35 coming from the Police Dept. 2008 budget.

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

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilwoman Greene Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

9). RSOLUTION 3-2008-#7 Accepting Agreement with Dominick Diviesti General Contractor. The resolution is for the needed masonry work and painting of the Rosendale Town Pool as set forth in contract for a cost not to exceed $23,900.00. It was noted that a $15,000.00 grant from the LifeBridge Foundation is expected to help offset this cost; Supervisor McDonough noted that at the outset, 4 years ago, of these renovations to the pool it was expected to exceed $100,000.00.

A motion was made by Supervisor McDonough to accept the resolution; seconded by Councilman Cluen. Roll Votes:

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilwoman Greene Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

10). RESOLUTION 3-2008-#8 Authorizing Expenditures from Water District Capital Reserve. The resolution authorizes payment to O’Brien and Gere for final engineering services for the rehabilitation of the Sand Hill Water Tank in the amount of $10,350.00, said monies having been previously set aside for such purposes.

A motion was presented by Supervisor McDonough to adopt the resolution; seconded by Councilman Cluen. Roll Vote:

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Absent

                        Councilwoman Greene Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

11). CORRESPONDENCE: Supervisor McDonough stated that information had been received from the Ulster County Health Dept. regarding the situation with dead or dying bats being found throughout Rosendale; it was stated that anyone finding such animal should not touch it but put them in a container or baggie and notify the Health Dept. for pick-up and analyzing. Materials were made available and the contact numbers for the Health Dept., 340-3023, were disseminated to the public.

Councilwoman Greene mentioned that there are serious erosion problems at the back of the Recreation property spilling silt into the stream which need to be addressed.

Supervisor McDonough stated that he is sending out letters to departments for possible member for the Zoning Review Committee which will consist of 5 members from the Town and 4 members either from the public in general or from the hamlets. Councilman Minissali asked that a calendar be provided for this process.

AUDIT OF BILLS:

            GENERAL FUND VOUCHER’S #240-296 TOTALING $46,398.10

            HIGHWAY FUND         “              # 48- 66          “            $23,799.29

            SEWER FUND               “              # 36-47           “            $ 4,087.97

            WATER FUND               “              # 36-45           “             $ 4,001.50

A motion to pay vouchers was made by Councilman Minissali; seconded by Councilwoman Greene. Roll Vote: 4 Yes, 1 Absent.

A motion was made by Councilman Minissali to adjourn at 9:21 p.m.; seconded by Councilman Cluen.

                                                                                    Respectfully submitted,

                                                                                    Joan S. Jordan

                                                                                    Town Clerk

TOWN OF ROSENDALE DRAFT

TOWN BOARD MEETING & PUBLIC HEARING

MARCH 5, 2008

The meeting was called to orders by Supervisor McDonough at 7:32 p.m. at the Rosendale Community Center with the Pledge to the Flag.

PRESENT: Councilwoman Manna Jo Greene

Councilman Robert Gallagher

Councilman Kenneth Cluen

Councilman Richard Minissali

Supervisor Patrick McDonough

ALSO PRESENT: Tim Morrison, Chairman Cable Commission; Dan Baker, Assessor and about twenty residents.

PUBLIC COMMENTS: Jack Gouldsbury made a public apology for his conduct at the last Town Board meeting.

APPOINTMENTS & RESIGNATIONS: Resignation of Cheryl Schneider from the Economic Development Commission. A motion was made to accept the resignation of Cheryl Schneider from the Economic Development Commission; seconded by Councilwoman Greene with thanks and regrets. Roll Vote: 5 Yes.

Appointment of Kenneth Cluen as Deputy Supervisor. A motion was made by Supervisor McDonough to appointment Councilman Cluen as Deputy Supervisor at a salary of $1,200.00 per year payable at $100.00 per month; seconded by Councilman Minissali. Roll Vote: 5 Yes.

Appointment of Dennis Kaye as Chairman of Economic Development Commission. A motion was made by Supervisor McDonough to appoint Dennis Kaye as Chairman of the Economic Development Commission; seconded by Councilman Gallagher. Roll Vote: 5 Yes.

Appointment of Kyle Frano and Owen O¡¦Connell as temporary full time police officers until the County eligibility list comes out. A motion was made by Supervisor McDonough to appoint Kyle Frano and Owen O¡¦Connell as temporary full time police officers; seconded by Councilman Gallagher. Roll Vote: 5 Yes.

PUBLIC HEARING ON PROPOSED TIME WARNER FRANCHISE CONTRACT:

The Notice of Public Hearing was read by the Town Clerk at the request of Supervisor McDonough.

Tim Morrison reviewed how the Commission arrived at the current contract; they gathered accepted franchise contracts from other communities and tried to embellish them to the Town¡¦s benefit. Tim said we don¡¦t have much room to negotiate on these contracts but we were able to get a greater distance, 250 feet, for service runs; most of the contract is dictated by FCC regulations. Tim stated that our attorney said that this contract is ¡§written in English¡¨ unlike most. Tim asked that he be advised of any comments from the public so that he can ¡§short stop¡¨ any problems. Councilman Gallagher stated that under the non-profit organizations eligible for free service, the Brookside School was omitted; Supervisor McDonough and Tim will take care of looking into the matter. Ken Oldehoff asked how long the contract will run; he was told the standard ten (10) years; Supervisor McDonough stated that the contract left the term blank at this point. Tim stated that NYS is trying to grapple with franchise agreements statewide. Question was raised about technology; the response is that technology is not mentioned in the contract as it deals with television not high speed internet and telephone services.

Tim continued that the franchise fee of 2% will continue since the Commission feels that this is a direct fee passed on to the consumer; we could raise or lower the fee with a letter to Time Warner at will. The fee presently goes into the General Fund but Tim said that it can be used to promote and support public access services; the franchise fee is only on basic and extended television services, not roadrunner.

The Public Hearing was left open at this point.

2. A resolution authorizing acceptance of the Time Warner Franchise Agreement will be presented next week.

3. Presentation: Eileen Camasso, Superintendent of Rondout Valley Central School District, gave a presentation on the Capital Building Project for the district which is to be voted on March 11^th from 6:00 a.m. until 9:00 p.m. at the High School Gym. Ms. Camasso stated that this proposition will add additional educational space in the form of science labs and music rooms; the proposition if accepted will come back as a tax neutral project or tax negative; the district is applying $1.164 million dollar surplus from the close out of old capital projects which will make the project tax negative. Ms. Camasso stated that NYS is giving tax breaks of 65.5% in aid; this would result in the district making $800,000.00 over the 15 years of the bond. Ms. Camasso encouraged everyone to get out and vote on March 11^th.

4. Discussion: Website Consultant: Supervisor McDonough stated that he would like Amy CoteƒU to be appointed as our website consultant for 3-5 hours per month at $20.00 per hour.

A motion was made by Supervisor McDonough to hire Amy CoteƒU as website consultant for 3-5 hours per month at $20.00 per hour; seconded by Councilman Minissali. Roll Vote: 5 Yes.

5. Discussion: Noise Ordinance and Waste Haulers. A problem has arisen with haulers in the Town picking up in some areas between 3:00 a.m. and 7:00 a.m. in residential areas which violates our noise ordinance; we need to strengthen our enforcement. New Paltz prohibits garbage collection between 8:00 p.m. and 7:00 a.m.; Councilwoman Greene suggested perhaps we should consider having the time no earlier than 6:00 a.m. during the week so as not to be to restrictive of the haulers. Supervisor McDonough said that in order to change the hours we would need to conduct a public hearing; we could do that by resolution next week. Jennifer Metzger of Mountain Road asked about barking dogs around 4:00 a.m.; that would be covered between the noise ordinance and the dog control law she was told.

6. Land Use Leadership Alliance (LULA) Training. Jennifer Metzger will be attending; Supervisor McDonough stated that he had planned to attend but since attendance at all four sessions is required he will have to forgo attending. Supervisor asked if there was anyone else interested in attending; he asked Jennifer to check with members of RCCE.

7. Authorizing the Assessor to Undertake a Town-wide Reassessment of Real Property. A short discussion took place. A resolution will be presented next week to authorize going forward.

8. Contract Authorizing Commercial Valuation Services. A resolution will be put forth next week to authorize Michael Dunham to provide services for determining values for all commercial properties in the Town of Rosendale for implementation in the 2009 assessment roll. Assessor Dan Baker stated that this will help to make the assessment of commercial property more equitable with the residential properties and help all property owners to ¡§pay their fair share¡¨.

9. Contract Authorizing Complex Commercial Appraisal of Criterion Atlantic Property (IMAR). Discussion followed about Iron Mountain (IMAR) and their annual challenge to their assessment. Councilman Minissali asked if we could just write a letter to the CEO of Iron Mountain and explain what an expense this is to the Town and ask them to cease the challenge; Dan Baker explained that they are entitled to challenge their assessment just like any other land owner. A resolution will be presented next week to enlist the services Don McGrath & Company for a fee not to exceed $5,000.00.

10. Purchase of a Vehicle by the Police Department. A resolution will be presented next week to authorize purchase of a 2008 Ford Crown Victoria from Warnock Fleet and Leasing for a total cost of $22.222.00; the first payment, $11,625.35, to be paid from the Police Equipment budget. This purchase will be under the terms of NYS Bid process.

11. Discussion: Hiring Two new Part-time Police Officers: Chief DiBattista has begun background checks on two officers, currently serving part-time with the Ellenville Police Dept., since the last Police Commission meeting was cancelled, therefore no decision was made. Supervisor McDonough said he would like to have a decision before the Police Commission meeting on the 4^th Tuesday of the month at 3:30 p.m. at the Community Center. Supervisor McDonough said that there is concern that part-time officers have been working 40 hour shifts for too long and fears we could get in trouble with the Union.

12. Draft Copy of the Route 32 Corridor Design Guidelines and Standards. A copy of the draft document dated November 2007 was included in Board folders for review.

13. Quality Communities Initiative Grant: Zoning Code Review Committee: Supervisor McDonough stated that grant money is available and we should look into applying; we should be looking at non-conforming areas of the Town. C.T. Male has stated that they would assist us in applying for the grant which must be completed by the fall.

The Environmental Commission raised question about the karst related to Wild Rose Development and having the Town Board intervene; a response from Supervisor McDonough stated that we are awaiting a legal opinion on whether the Town Board can weigh in to influence the Planning Board on this matter; it is believed that they Town Board can not.

A motion was made by Supervisor McDonough to hold the public hearing on Time Warner open to written comment only until March 12^th; seconded by Councilman Cluen. Roll Vote: 5 Yes.

AUDIT OF BILLS:

GENERAL FUND VOUCHER¡¦S #200-239 TOTALING $10,103.02

HIGHWAY FUND ¡§ # 39- 47 ¡§ $ 9,780.92

SEWER FUND ¡§ # 29- 35 ¡§ $ 4,475.12

A motion was made by Supervisor McDonough and seconded by Councilman Gallagher to pay the bills. Roll Vote: 5 Yes.

A motion was made by Councilman Cluen to adjourn at 9:33 p.m.; seconded by Councilman Gallagher. Roll Vote: 5 Yes.

Respectfully submitted,

Joan S. Jordan

Town Clerk