TOWN OF ROSENDALE

WORKSHOP/TOWN BOARD MEETING

JULY 11, 2007

The meeting was called to order by Supervisor Gallagher at 7:00 p.m. at the Rosendale Community Center with the Pledge to the Flag.

PRESENT: Councilman Kenneth Hassett

Councilman Patrick McDonough

Councilwoman Mann Jo Greene

Councilman Kenneth Cluen

Supervisor Robert Gallagher

ALSO PRESENT: Terry Johnson, W/S Superintendent; Jack Snyder, W/S Commissioner; Jack Walsh, Street Festival Committee; and about 40 residents.

PETITIONS: No petitions were presented.

COMMUNITY EVENTS:

MINUTES OF PRIOR MEETINGS: A motion was made by Councilman Hassett to accept the minutes; seconded by Councilwoman Greene. Roll Vote: 5 Yeses.

COMMITTEE REPORTS: Councilman Hassett reported that the minutes of the Recreation Commission and ZBA were on file; Councilman McDonough stated that the minutes of the Planning Board and Police Commission were on file; Councilwoman Greene read from the Transfer Station report; they had net revenue of $5,293.41 for June; she also noted that the Water/Sewer Commission did not have a quorum for their June meeting so there are not minutes. Councilman Cluen stated that the minutes of the Youth Commission and the Court were on file; the High Falls Water District has not met yet therefore no minutes are available.

SUPERVISOR’S FINANCIAL REPORT: Supervisor Gallagher read the end balances and stated that the report is on file.

CORRESPONDENCE: On file at Town Hall for review during business hours.

APPOINTMENTS/RESIGNATIONS: There were no appointments or resignations.

DISCUSSION: Sondra Graff spoke regarding Island View Adult Family Care Home. Ms. Graff stated that she had been informed that the project was no longer going forward and there would be no additional extension given to the application but she wanted to address concerns regarding her perception of a lack of coordination between people issuing permits and adherence to Town Code; this project was being built in an area that has been subject to flooding the past two years. Ms. Graff said she feels that lives and resources would have been jeopardized if this project proceeded. Councilwoman Greene asked Ms. Graff "what are you asking"? Ms. Graff requested that the Town Code be followed; find a way to address compliance issues more deeply. Councilwoman Greene summarized that there were two considerations; (1) issues of construction and (2) emergency personnel have a good plan with adequate equipment. Councilman Hassett clarified that the emergency personnel have adequate equipment but that volunteers don’t consider themselves and just respond so they sometimes don’t bother with all the equipment. Councilwoman Greene interjected that a meeting with NYS DOT will take place on August 6^th at the High Falls Bridge on Route 213 to address the problems (apparent increased downstream flooding) that have resulted since the reconstruction of that bridge several years ago.

FJN PROPERTIES: Attorney Michael Moriello, representing FJN Properties, informed the Board that they have received a SEQRA negative declaration and all materials have been delivered to the Ulster County Planning Board. Mr. Moriello stated that under §239m of Town Law the Town Board must do their own referral to the Ulster County Planning Board. Mr. Moriello stated that he will draft a Local Law for review by our attorney, Mary Lou Christiana and he will authorize the waiving of the sixty two (62) day time limit. Councilwoman Greene had questions about the Environmental Assessment Part I (EAS); Mr. Moriello stated that the federal wetland delineation map is unofficial and the wetlands do not appear on the NYS maps; Mr. Moriello stated that the Army Corp of Engineers has approved this since the beginning. Councilwoman Greene said that she would like to check with Mr. Casey; Councilman McDonough asked that she report back to the Board after checking with Mr. Casey.

A motion was presented by Councilman Hassett to forward the application to the Ulster County Planning Board for their review; seconded by Councilman McDonough. Roll Vote: 5 Yeses.

DISCUSSION: Enforcement of Rosendale Code §73-18 Separate Meters. Supervisor Gallagher stated the problem is how do we define a unit? Councilman McDonough said that at the meeting on enforcement many people had questions about it since there was no rate increase for 13 years; a lot in the Code needs to be reviewed before implementing the enforcement. Terry Johnson, Water Superintendent, told the Board, "The money must be found, however you do it". Supervisor Gallagher said that if we can come up with a definition of unit it will help; Councilman Hassett interjected that the definition must stand up to a court challenge; it’s an inequity that needs to be figured out. Councilman McDonough said that no matter what happens the rates will have to go up. Terry Johnson said that the next quarterly bills will go out September 15^th, does he have to send out another letter (last quarter a letter went out stating that implementation of minimum charges would begin with the September billing). Supervisor Gallagher stated that we need to "get this fixed and move forward"; Councilman Hassett inquired if the Town Board could offer all their resources (legal, engineers and etc.) to the Water/Sewer Commission to get this resolved; all agreed. Terry Johnson will give Dennis Larios (Brinnier & Larios Engineers) a copy of the Code and get opinion from him. Jack Snyder, W/S Commissioner, said that even if they don’t have a quorum at the next meeting on July 23^rd they should continue the discussion to make progress.

DISCUSSION: Bat Removal in Justice Court/Police Building. Ray Krom from the Ulster County Health Department gave a presentation about bats to the audience and Board. He stated that he visited the building on Monday and found a very large bat population, probably 1,000 or more; he also reviewed the proposals for removal and found the prices to be very good and the methods very humane (the bats will not be harmed, they will be relocated). Mr. Krom described how the procedure would be carried out; he also warned that when the bats relocate the neighbors will need to be vigilant that their homes are sealed tight so the bats don’t relocate to their residences. He stated that August is the time to relocate the bats. Councilwoman Greene asked Paul of Pestmaster (one of three proposals for removal) what kinds of bats are these; he responded that they are primarily large brown bats, a few Indiana bats. Chris of A-Pro (the second of three proposals) described the process to be used; both companies used similar methods and would do the same decontamination and sealing; Councilman Hassett noted that since they were offering the same services in was coming down to price. Pestmaster quoted $2,399.99 and A-Pro quoted $2,710.00.

A motion was presented by Councilman McDonough to have Pestmaster do the bat removal work at a cost of $2,399.99; seconded by Councilwoman Greene. Roll Vote: 5 Yeses.

ZONING CHANGE APPLICATION: John McColgan presented a zoning change application for his property in Maple Hill for Town Board acceptance.

A motion was presented by Councilman Hassett to accept the zoning change application; seconded by Councilman Cluen. Roll Vote: 5 Yeses.

DISCUSSION: Stormwater Mapping Schedule. The stormwater mapping for all drainage will be done between August 6^th and 24^th. Highway personnel are meeting with Ulster County representatives today (July 11^th) on procedure.

DISCUSSION: Changing Whiteport Road to Hickory Bush Road. Andy Buboltz, Rosendale 911 Coordinator, has requested that the name of Whiteport Road be changed to Hickory Bush Road in the interest of safety; he said that only 14 residents use the Whiteport Road address. Councilman Hassett suggested that letter contact be made with the residents prior to change; have Andy work with the people. Councilwoman Greene suggested that they have a public meeting with the residents rather than trying to do it one on one. Andy Buboltz will be asked to work on this.

DISCUSSION: Amendment to the Street Festival Site Plan. A request was made to amend the stage time for the shut-down of music to be extended until 10:00 p.m. The matter was discussed with Chief DiBattista on July 5^th and did not pose a problem with his department. Councilman McDonough expressed concern about beer being served late; Jack Walsh assured the Board that Street Festival beer booths would close down between 6:00-6:30 p.m. and only the Red Brick Tavern, and the Bywater Café which both have patios would continue to serve (Rosendale Café usually closes early). Councilman Hassett noted that our "open container law" is suspended during the hours between noon and 6:00/6:30 p.m. but will be in effect immediately upon closure of the street beer stands and will be enforced by the Rosendale Police Dept.

A motion was presented by Councilman Hassett to accept the amendment to the Street Festival Site Plan to allow the music to continue until 10:00 p.m.; seconded by Councilman McDonough. Roll Vote: 5 Yeses.

CORRESPONDENCE: NYS Office of Real Property. A letter was received from the Office of Real Property regarding appointed assessors term expiration; the term is for six years and appointment is to be made before September 30^th. Councilwoman Greene feels that six years is a long term and we should have the very best person in the position and that it should be competitive. A short discussion followed.

A motion was presented by Councilman McDonough to advertise for the position of Town Assessor; seconded by Councilman Hassett. Roll Vote: 5 Yeses.

DISCUSSION: Route 32 Bridge Rehabilitation. Supervisor Gallagher stated that seven letters had been received commenting on the proposed bridge work. Most of the letters favored a temporary bridge/full replacement. Richard Minisalli presented at petition at this time requesting a temporary bridge and full replacement with a three lane bridge; the petition contains 17 pages plus a letter from Wendy Alexander, Rosendale Library Director. Supervisor Gallagher stated that there is a new regional director at DOT and the old director has moved on to become "head engineer". Councilwoman Greene responded to a question "should they continue to collect signatures"; her response was "yes, we have to play hardball". Members of the audience spoke about various concerns for traffic and detours; Supervisor Gallagher stated that traffic will seek its own routes. Councilman McDonough said that we have asked the State for help with traffic enforcement for which they have agreed.

DISCUSSION: Correspondence from the Environmental Commission regarding their annual report to the Town Board and a request for changing Local Law governing commission terms. A short discussion followed. Supervisor Gallagher and Councilman

McDonough said that a resolution is needed to hold a public hearing in September.

RESOLUTION: 7-2007-#1 – Supporting the United Nations Millennium Development Goals. Councilmen Hassett and McDonough stated that they attended the Rosendale Library dedication of books soon to be available for loan. The Lifebridge Foundation holds monthly discussions on the topics; they are about half way through the agenda; they can be accessed on their web site. Councilman Hassett noted that soon they will be linked through the Town web site.

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

Councilman Hassett Yes

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

RESOLUTION: 7-2007-#2 – New York State Property Taxpayer Protection Act.

This resolution is supporting Assembly Bill 8775 putting forth new and innovative ideas for property tax reform. The Town Clerk is to forward copies to Gov. Spitzer, Senator Bruno, Senator Bonacic, Speaker Sheldon and Assemblyman Cahill asking for their support in passage of this measure.

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

RESOLUTION: 7-2007-#3 – Accept Public Bids for Equipment. The Rosendale Town Board sought bids for surplus items through Auctions International an online auction service; bids closed on July 9, 2007 resulting in a recommendation from Highway Superintendent Carl Hornbeck that the high bids be accepted.

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

Councilman Hassett Yes

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

RESOLUTION: 7-2007-#4 – To Call a Public Hearing on Placing Antennas on the High Falls Water District Storage Tank. The resolution calls for a public hearing to be scheduled for August 8, 2007 at 7:00 p.m. at the Rosendale Community Center in conjunction with the regular Town Board Meeting.

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

Councilman Hassett Yes

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

COMMENTS FOR THE GOOD OF ROSENDALE:

Jack Snyder stated that UCAT (Ulster County Area Transportation) would not drop off a couple of handicapped people on James Street; the driver told him that he could not come down James Street; the people had to get off at St. Peter’s parking lot and walk down the block. Supervisor Gallagher and Councilman McDonough said they would look into the situation directly with UCAT director.

Noelle Damon, Julienne Pape, Beverly Neilson, Morka Myendorf, Lisa Resnick and Bill Danon all members of "Friends of Williams Lake" asked to speak about their concerns about the sale of Williams Lake (a private facility) to Canopy Development for development as a private, upscale, gated resort. They asked that the Board be vigilant of all that goes on; they have heard some horrible rumors. They want the processes to open and transparent with hearings all along the way not when decisions have been made and plans set.

Diedre McCluskey reminded all that this is a private property and that nothing is being done at the moment; don’t jump the gun.

Councilwoman Greene said there would be a long pre-submission prior to the shurette for public input; she also stated that 400 of the 700 acres are designated under a nature conservancy so she has few concerns about environmental issues, the real issues will be for Canopy to work with the community which is used to access to those resources.

AUDIT OF BILLS:

GENERAL FUND VOUCHER’S #620-724 TOTALING $56,029.42

HIGHWAY FUND " #155-181 " $15,532.27

SEWER FUND " #111-130 " $ 5,098.13

WATER FUND " #117-135 " $ 5,261.75

VAN FUND " #1 " $ 485.20

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

A motion to adjourn was made by Councilman Hassett at 9:55 p.m.; seconded by Councilwoman Greene. Roll Vote: 5 Yeses.

Respectfully submitted,

Joan S. Jordan

Town Clerk