Town of Rosendale

Town Board Meeting & Public Hearing

Additional Costs Improvements Mtn. Road Storage Tank

May 9, 2007

Meeting called to orders by Supervisor Gallagher at 7:30 p.m. 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: Michael Moriello, Esq., Frank Natoli, and a representative of Brinner & Larios; Fred Greitzer, Billy Liggan of Rosendale Planning Board, David Massimi, Rosendale Code Enforcement Officer; Tim Morrison, Deb Tierney of Rosendale Cable Commission and about ten residents.

Supervisor Gallagher opened the public hearing on Additional Costs of Improvements to Mountain Road Storage Tank; notice of public hearing was read by the Town Clerk.

PETITIONS: No petitions were presented.

COMMUNITY EVENTS: Supervisor Gallagher announced that the Community Events are listed on the reverse side of the agenda.

Councilwoman Greene announced that on May 18^th the Rondout Watershed will hold a training session that should qualify for credit for the planning board members.

Councilman McDonough announced that he just learned that Patterns for Progress is holding a workshop on June 12^th, they desire municipal participation at a cost of $65.00 per person, which he believes could also count toward educational credits for planning and zoning board members. He will bring the brochure to Town Hall.

MINUTES OF PREVIOUS MEETINGS: A motion was made by Councilman Hassett to accept all the minutes for April 2007; seconded by Councilman Cluen. Roll Vote: 5 Yeses.

COMMITTEE REPORTS: Councilman Hassett stated that the minutes for the Recreation Commission and Zoning Board are on file in the Town Clerk’s Office; he also read from the Building Inspector’s report, they had net revenue for April of $7,929.00.

Councilman McDonough reported that the minutes of the Police Commission and Planning Board were on file with the Town Clerk.

Councilwoman Greene reported that the Transfer Station had net revenue of $3,408.00 for the month with 3 bins of recyclables and 10 bins of garbage pulled during the month. She stated that she missed the Water/Sewer meeting which had an information session on enforcement of the multiple household meter regulation; she reported that Councilman McDonough did attend the session. He reported that a rather active discussion took place; when the people realized how in debt the sewer district was they wanted to try to find viable solutions. The Commissioners decided to postpone implementation of the regulation (they were going to implement it on the June bills); Terry Johnson will be working with figures to try to find an alternate solution to applying additional minimum charges at this time. Councilman McDonough said that the W/S Commission will have to do something about the wording of the regulations as they are now written; Councilman Hassett stated that the Town Board wrote the law and it must be enforced, it is to bad if it diminishes the profits of a few. Bill Brooks asked that the Board check when the regulations were passed and by whom. Supervisor Gallagher stated that the W/S Commissioners have been asking for enforcement of this regulation for a least the last four years; the sewer District is presently $11,000.00 in the red and not gaining from the rate increase that was imposed in the fourth quarter of 2006. Customers will be notified ahead of time about any informational sessions or the actual imposition of enforcement of the regulation (§73.18).

Supervisor Gallagher noted that water/sewer has the greatest amount of infrastructure and the least amount of customers.

Councilman Cluen reported that he missed the last Youth Commission meeting and did not have minutes to report on.

Tim Morrison reported that last Tuesday we were accepted into Kingston Public Access (KPA); now we have to contact Time Warner to make arrangements for the access. He also reported that the Public Service Commission has a complaint service on line; he also told us that there is a bill in the Assembly that needs to be watched. The bill would give municipalities control over franchises and provide high speed internet to all municipal buildings; it would set that franchise fee at a flat 5% (this is a hidden tax that is passed directly to the consumer) and fines (they need to resolve where the money will go). He said there is no consideration being given to ala carte program selection by customers. Time Warner and Verizon are the only 2 companies presently operating and the bill will deter small start;-up companies from entering the market; Tim will draft a letter for the Town Board to act on. The bill has been in committee since 1/9/2007 and he has a very big concern about a monopoly. Councilman McDonough asked if there is a parallel bill in the Senate; Councilwoman Greene asked Tim to find out where our local representatives stand on the matter and report back.

SUPERVISOR’S FINANCIAL REPORT: Supervisor Gallagher read the end of month balances and noted that the report is on file in the Town Clerk’s Office.

CORRESPONDENCE: Correspondence is on file at Town Hall.

APPOINTMENTS & RESIGNATIONS: Supervisor Gallagher announced that there was one resignation; Edwin Brewster, from the Police Dept.

A motion was made by Supervisor Gallagher to accept the resignation of Edwin Brewster; seconded by Councilman Hassett. Roll Vote: 5 Yeses.

FOR REVIEW: Accounting information related to the Mountain Road Tank Project for justification of additional expenses.

DISCUSSION: FJN UPDATE: Michael Moriello, Esq. representing FJN brought the Board up to speed on the request for a change of zoning. The property is currently an "A Residential"; they are seeking a change to "Commercial". Environmental assessments have been submitted; they are now suggesting a joint Planning Board/Town Board public hearing for 7:00 p.m. on June 6, 2007. The site will constitute less than one (1) acre of disturbed land area, steel storage buildings will be tan with green roofing; the entrance will be from River Road Extension (soon to become Covered Bridge Road) off NYS Route 32 to mitigate traffic flow; a landscape berme will consist of 8’ spruce trees across the front, a stone wall around the sign. It was noted that the project has been downsized to 120 units; there will be no black top (#4 crushed stone will be utilized) for the parking areas and driveways; they will be working with Turco Brothers to clean up the road front area with landscaping and by moving his present equipment to the rear of the property. Mr. Moriello stated that this project has full address to the Comprehensive Plan (the new as yet un-adopted plan).

Councilwoman Greene stated that she honored the work FJN has done; she has reservations that had the project not been under development she would not vote for it; in the future she would like zoning changes made on merit not on the project. Mr. Moriello said this was not a precident; getting a zoning change first the process becomes segmented; SEQRA can’t look at economic conditions but the Town Board can.

Councilman McDonough said that the town should look at all resources available to determine where to locate certain areas as business zones.

Councilman Hassett stated that this plan has been so transparent through the process; all appropriate agencies have reviewed the project.

Councilwoman Greene asked Mr. Natoli if he and his neighbors have thought about conservation easements; Mr. Natoli said he would consider it later. Councilman McDonough said that he believes that NYS has a tax reduction for easements up to $5,000.00. Councilman McDonough stated that in no way does the granting of a conservation easement become an issue in granting a zoning change.

RESOLUTION 5-2007-#1: Scheduling a Joint Public Hearing on Proposed Amendment to the Rosendale Zoning Law. The hearing will be a joint hearing of the Rosendale Planning Board and the Rosendale Town Board on the application for a zoning change from A Residential to Commercial by FJN Properties, LLC; PJP Lawrenceville Corp.; Frank Klepeis and Mary Klepeis. The public hearing is being scheduled for 7:00 p.m., June 6, 2007

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

Councilman Hassett Yes

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

PRESENTATION: Rondout Valley School Budget: Deb Kosinski presented information on the 2007-2008 Budget which is to be voted upon May 15^th; Rondout Valley School Superintendent and the Board Chairperson also accompanied her. The proposed budget is $56,793,478.00 which is an increase of 5.97% from last year; reflecting a tax levy increase of 3.67%. She stated that there will be only one opportunity to pass this budget; if the budget is defeated it will go to austerity. Councilman Hassett asked if this was separate from the capital project which was voted down in December, Ms. Kosinski said it was not but they are looking to have a revote on the capital project at a later date.

PRESENTATION: Progress on the Annual MS-4 Program: Supervisor Gallagher announced that the draft MS-4 annual report for year ending March 9, 2007 was available for inspection. Supervisor Gallagher thanked the committee: David Massimi, John Maylie, Tom Fiore, and Terry Johnson for their diligent work.

HIGH FALLS WATER DISTRICT VEHICLE PURCHASE: A motion was made by Supervisor Gallagher to authorize the Commissioner’s to purchase the truck for the High Falls Water District as budgeted; seconded by Councilman Hassett. Roll Vote: 5 Yeses.

DISCUSSION: Rosendale Water/Sewer Vehicle Purchase: A memo was received from Terry Johnson, Water/Sewer Superintendent, requesting approval for a small pickup truck through NYS Bid at a cost of $15,986.00 to be spread over two years, $8442.30 p/y; the first payment will be split between water and sewer district capital reserves: $5,740.77 from Water Capital Reserve, $2,701.53 Sewer Capital Reserve.

RESOLUTION 5-2007-#2 Authorizing Expenditures from Water District Capital Reserve.

A motion was made by Supervisor Gallagher to authorize the expenditure of $5,740.77 for this year’s portion from Water Capital Reserve for the purchase of a truck; seconded by Councilman McDonough. Roll Vote:

Councilman Hassett Yes

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

RESOLUTION 5-2007-#3 Authorizing Expenditures from Sewer District Capital Reserve.

A motion was made by Supervisor Gallagher to authorize the expenditure of $2,701.53 for this year’s portion from Sewer Capital Reserve for the purchase of a truck; seconded by Councilman McDonough. Roll Vote:

Councilman Hassett Yes

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

RESOLUTION 5-2007-#4 Adopting Local Law Authorizing Town of Rosendale to Permit the Appointment of Alternate Members to the Town of Rosendale ZBA.

A motion was presented by Supervisor Gallagher and Seconded by Councilwoman Greene to adopt the Local Law allowing appointment of alternate ZBA members. Roll Vote:

Councilman Hassett Yes

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

RESOLUTION 5-2007-#5 Adopting Local Law Prohibiting Illicit Discharges, Activities and Connections to Separate Storm Sewer System.

A motion was presented by Supervisor Gallagher to adopt the Local Law; seconded by Councilman Cluen. Roll Vote:

Councilman Hassett Yes

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

RESOLUTION 5-2007-#6 Authorizing Street Light Order. This resolution was presented to give the Supervisor authorization to install a street light at the intersection of James Street and Parkcrest Drive.

A motion was made by Supervisor Gallagher to adopt this resolution; seconded by Councilman Hassett. Roll Vote:

Councilman Hassett Yes

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

RESOLUTION 5-2007-#7 Authorizing Right of Way Agreement. This resolution grants a right of way located at 398 Main Street between Louis Sclafani and the Town of Rosendale for public access to the Municipal Parking Lot; the term (an egress from) was deleted from the resolution prior to taking the roll vote.

A motion was presented by Supervisor Gallagher; seconded by Councilman McDonough;

Roll Vote:

Councilman Hassett Yes

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

RESOLUTION 5-2007-#8 Authorizing Agreement with the Ulster County Society for the Prevention of Cruelty to Animals.

This resolution authorizes the Supervisor to sign an agreement with said organization to allow selected abandoned Town of Rosendale dogs to be brought to their shelter for adoption.

A motion was made by Supervisor Gallagher; seconded by Councilman Cluen. Roll Vote:

Councilman Hassett Yes

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

RESOLUTION 5-2007-#9 Supporting the Community Preservation Act. Passage to this act by the state will give an additional optional tool to communities for maintaining open land to provide parks, recreational opportunities, protect water quality, and preserve wildlife habitat and natural views.

A motion was made by Supervisor Gallagher to adopt this resolution of support; seconded by Councilwoman Greene. Roll Vote:

Councilman Hassett Yes

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

DISCUSSION: Surplus Equipment: Highway Superintendent Carl Hornbeck requested authorization to use a company called "AuctionsInternational.com" to list highway surplus vehicles for greater exposure and hopefully better bids.

A motion was made by Councilwoman Greene to authorize the Highway Superintendent to advertise for surplus bids on the internet; seconded by Councilman Hassett. Roll Vote:

5 Yeses.

RESOLUTION 5-2007-#10 Seeking Sealed Bids on the Removal, Weighing and Purchase of Scrap Metal. Bids will be received by the Town Clerk on or before June 5, 2007 at 12:00 p.m. at Town Hall.

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

Councilman Hassett Yes

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

A motion was made by Councilman McDonough to close the public hearing at 9:20 p.m.; seconded by Councilman Hassett. Roll Vote: 5 Yeses.

RESOLUTION 5-2007-#11 Public Interest Order for Mountain Road Water Storage Tank.

A motion was presented by Supervisor Gallagher; seconded by Councilman McDonough.

Roll Vote:

Councilman Hassett Yes

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

RESOLUTION 5-2007-#12 Bond Resolution Authorizing the Issuance of $45,000 Serial Bond to Pay the Cost of Construction of Mountain Road Water Storage Tank.

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

Councilman Hassett Yes

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

COMMENTS FOR THE GOOD OF ROSENDALE:

Tim Morrison stated that "spring" is here; people are burning garbage in his neighborhood. He said they are doing it after dark and he has been unable to locate the source; he asked that the Town Board consider doing something about it. Supervisor Gallagher said that would be enforcement issue for Dave Massimi; will have to locate the offender.

Jack Gouldsbury asked why the pedestrian walk signs were not out; Supervisor Gallagher said that they need repair and parts are needed and further discussion about the placement needs take place.

Supervisor Gallagher stated that on June 14, 2007 there will be an informational session here at the Community Center at 7:00 p.m. with DOT discussing the bridge closure; all residents should attend.

Jack Gouldsbury asked if there was anything new on widening James Street on the hill above Parkcrest; Supervisor Gallagher said no, it’s idling".

AUDIT OF BILLS:

GENERAL FUND VOUCHER’S #415-475 TOTALING $24,867.34

HIGHWAY FUND " #116-131 " 6,156.89

SEWER FUND " # 79-88 " 4,091.20

WATER FUND " # 81-91 " 6,336.39

A motion was made by Councilman McDonough to pay the bills; seconded by Councilman Cluen. Roll Vote: 5Yeses.

A motion was made by Councilman McDonough to adjourn at 10:10 p.m.; seconded by Councilman Cluen. Roll Vote: 5 Yeses.

DATES TO REMEMBER:

8. Thurs., June 14^th, 7:00 p.m. Public Informational Session on Route 32 Bridge

Rehab

Respectfully submitted,

Joan S. Jordan

Town Clerk