TOWN OF ROSENDALE TOWN BOARD

WORKSHOP/TOWN BOARD MEETING DRAFT

PUBLIC HEARING HIGH FALLS WATER ATENNAS

AUGUST 8, 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 (arrived at 7:10 departed at 7:50 pm)

Councilman Patrick McDonough

Councilwoman Manna Jo Greene

Councilman Kenneth Cluen

Supervisor Robert Gallagher

ALSO PRESENT: Tom Fiore, Bldg. Insp.; Fred Greitzer, Billy Liggan, Randi Morf, Planning Board members; John Maylie, ZBA; Joan Maylie, RCCE; Deb Tierney, Cable Commission; and about 12 residents.

1. & 13.) Supervisor Gallagher opened the public hearing on "placing antennas on the High Falls Water District storage tank"; the Town Clerk read the notice of public hearing.

John Maylie stated that he is in favor of the antennas being placed on the tank.

Nate Rand stated that he is an owner of property in the district but resides outside the district; he is in favor of the antennas but has some concerns. He said that his concerns are that we are making a financial commitment before we own the district and that the water commissioners are not making the decisions; Supervisor Gallagher and Councilman McDonough tried to explain that the commissioners are responsible for the operation of the district and the two Town Boards are responsible for the financial operation and this is financial, therefore our responsibility. Several other people spoke about other issues pertaining to the completion of the water project; incomplete shoulders on the roads, claims of property damage that has not been repaired and general lack of response to issues by Conti Construction and the EPA.

A discussion followed; it was decided that Supervisor Gallagher will call Sal Badalimenti, EPA, tomorrow and find out what is going on and where the construction/repair "punch list" stands; we will not take over until everything is complete.

Mr. Rand also expressed concern about the wording in the lease/resolution.

Councilman McDonough suggested some changes could be made to the wording of the lease/resolution but should be reviewed before a decision is made.

Councilman Hassett suggested that adoption of the resolution, item #13, but tabled until reviewed, until the September 5^th meeting; the public hearing would be held open until that time.

A motion by Supervisor Gallagher to table the High Falls Water District resolution and continue the public hearing until September 5, 2007; seconded by Councilman Hassett. Roll Vote: 5 Yeses.

PETITIONS: No petitions were presented.

COMMUNITY EVENTS:

MINUTES OF PRIOR MEETINGS:

A motion was made by Councilman Hassett to accept the minutes of the July 11^th and July 26^th meetings; seconded by Councilman McDonough. Roll Vote: 5 Yeses.

COMMITTEE REPORTS:

Councilman Hassett reported that the minutes of the Recreation Commission, ZBA and the Building Inspector Report are on file with the Town Clerk.

Councilman McDonough stated that the minutes of the Police Commission and the Planning Board are on file.

Councilman Cluen said that the minutes of the Youth Commission and Justice report are on file.

Councilwoman Greene reported that she does not have the minutes of the Water/Sewer Commission as yet and there is no Transfer Stations report.

SUPERVISOR’S FINANCIAL REPORT: Supervisor Gallagher read the end balances for July 2007 and said the report is on file with the Town Clerk.

APPOINTMENTS/RESIGNATIONS: Supervisor Gallagher reported that we have two resignations and two appointments; he would like to cover both with the same motion.

Resignations are Nicole Moschen, rec aide; Joseph Trapanese, police officer. Appointments are Tara Burke, rec aide @ $9.50/hr.; Edward Hintz, Jr., dog control officer @$11.00/hr. Councilman McDonough stated that Officer Trapanese is an outstanding police officer and will be sorely missed.

A motion was made by Supervisor Gallagher to accept the resignations of Nicole Moschen and Joseph Trapanese and appoint Tara Burke and Edward Hintz, Jr.; seconded by Councilman Cluen. Roll Vote: 5 Yeses.

2.) DISCUSSION: FJN Application for Zoning Change. Michael Moriello, attorney for applicant, updated the Board on the application. Mr. Moriello referenced the Referral Response from the Ulster County Planning Board; their required modifications recommend that an I-1 rezoning be made rather than the B-1 which has been proposed.

Mr. Moriello addressed several reasons that this recommendation should be overturned: *1) I-1 permits "adult business", "laundry, cleaning & garment services", "manufacturing uses", and "mining/quarrying" which would appear to be inappropriate with respect to the Town Comprehensive Plan within the area of the project site. 2) Extensive address of potential environmental impacts of this project which resulted in a SEQRA Negative Declaration, would be more compromised by changing to an I-1. Fred Greitzer of the Rosendale Planning Board recommended overruling the County not by a majority but "unanimously" citing that I-1 would allow adult uses in a "gateway" district as defined in our Comprehensive Plan, this is not acceptable; exclusion of adult uses could become a constitutional issue; Mr. Moriello agreed with Mr. Greitzer. Councilman Hassett stated that he does not appreciate Ulster County putting us in a situation for legal challenge; he is "appalled".

Councilwoman Greene stated that her vote is to overrule the County recommendation; she is not in favor of the rezoning.

A motion was made by Supervisor Gallagher to overrule the Ulster County Planning Board recommendation of rezoning to an I-1 rather than the proposed B-1 for reasons stated by Mr. Moriello* and as a "gateway" to Town as set forth in the Town Comprehensive Plan; seconded by Councilman Hassett.

Roll Vote: 5 Yeses.

Councilman Hassett left the meeting at 7:55 p.m.

3.) SPEAKER: Al Wegener of the Shawangunk Partnership gave an update on the activities of the Regional Open Space Plan; maps are being done, byways are being designated and interactive signage is being put in place. A web site and presentations to show visitors reasons to come to the area are forth coming; we have to apply now for funding in the future (2009). Intermunicipal agreements add more formal strength to the Partnership which is favorable for funding; the fact that eleven (11) communities have come together is unheard of.

John Maylie asked when will the list of desirous ………….to collect comments from the public be available; Mr. Wegener responded, late fall; it’s up to each town not the group.

Joan Maylie asked who designates roads as byways and can they be made safe (she gave the example of Route 213 in Rosendale being very windy and no shoulders); Mr. Wegener stated that being designated a scenic byway puts it in prime line for funding.

4.) RESOLUTION 8-2007-#1 To Authorize the Intermunicipal Agreement for the Shawangunk Mountains Regional Partnership. The resolution authorizes the Supervisor to execute the intermuniciapl agreement establishing the Shawangunk Mountains Regional Partnership.

A motion was presented by Supervisor Gallagher to adopt the resolution; seconded by Councilman McDonough and Councilwoman Greene. Roll Vote:

Councilman Hassett Absent

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

5.) DISCUSSION: Modular Offices. Supervisor Gallagher stated that the Town Board is looking into purchasing a modular office to house the Assessor’s Office, Building Inspector, Fire Marshal and Code Enforcement which would be placed on the existing slab on Creek Locks Road. Councilman McDonough said that this would be temporary, until we know what will be done permanently with the property; he said that this could be cheaper than the current rental for the Assessor’s Office; could possibly consolidate all Town Offices in one place for efficiency. Supervisor Gallagher said that he is waiting to obtain more information from attorney, Mary Lou Christiana, as to procedure. A number of questions were asked about whether the company would buy back the building; Supervisor Gallagher replied they would; also whether the Town would sell the current Town Hall; Supervisor Gallagher replied "yes" if all the offices could be moved together.

Rich Minissalli stated there were problems when the Police Dept. left Main Street; he asked if there is any way to prevent the appearance of a "ghost town" if Town Hall leaves Main Street, even on a temporary basis. Supervisor Gallagher stated that there are no other spaces available on Main Street that could house all the departments without renting multiple units, just like we have now. Councilwoman Greene empathized that we must also look at the operating costs, they are always the hidden costs; check the history if the building is a used unit. Supervisor Gallagher stated that we will have to draw up specifications for use and Councilman McDonough said we will also look at different sized units. Tom Fiore stated he favors putting all departments in one location; he stated that no matter who uses the building, it must meet federal energy guidelines.

Joan Maylie asked if the Tillson Schoool was off the table; Supervisor responded that everything must be at full market value therefore making it unaffordable. Councilwoman Greene asked about the sale ability of Town Hall; Supervisor Gallagher said that it was estimated at $349,000 two years ago.

6.) DISCUSSION: NYS Dept. of Transportation desires to place an additional park and ride in the Town of Rosendale; the D. Scott Bey property in the Rosendale Heights area is desired location; the actual area is between the end of the main building and the storage units. Rich Minissali asked how we managed to leverage a parking lot and not a new bridge, couldn’t we have our needs paralleled. Supervisor Gallagher stated that the bridge is a different department; there are five (5) different entities.

Joan Maylie asked if the Fann’s water situation was being addressed on both projects; the reply was yes.

A motion was proposed by Supervisor Gallagher to start the process for the park and ride; seconded by Councilwoman Greene. Roll Vote: 4 Yeses, 1 Absent.

7.) DISCUSSION: Mountain Road Water District Property. A proposal has been received from the Mohonk Preserve, Inc. for the purchase of land on Mountain Road belonging to the Rosendale Water District; Supervisor Gallagher stated that we can’t go into this directly it must go out to bid. The offer of $250,000 would offset the cost of refurbishing the Brown Avenue tank; after next year the Water District would have no debt. John Maylie stated that the Town should never give up control of……………………………. management to anyone.

A motion was made by Councilman McDonough to place the proposal in the hands of Town Attorney to determine procedure; seconded by Councilman Cluen. Roll Vote: 4 Yeses, 1 Absent.

8.) DISCUSSION: Iron Mountain Land Donation. Supervisor Gallagher stated that our application for subdivision of the land will go before the Rosendale Planning Board at their September 12^th meeting for twelve (12)) acres and a pond; if approved the transfer will be made. Councilwoman Greene stated that she is concerned about the condition of the dam; Supervisor Gallagher said that will be the first thing to be addressed. Someone asked if when the Town owns the property will it be an "open swimming hole"; Supervisor Gallagher said "if you want to swim next to the salt shed".

9.) RESOLUTION: 8-2007-#2 Opposing Article X of the Public Service Law. Discussion took place both in favor and against support of Article; Councilwoman Greene stated that the down side of no Article X is that power plants are subject to SEQRA (fossil fuel plants). She feels there is manufactured opposition to wind farmers and doesn’t think we should be without Article X.

Joan Maylie said she has no objections to the look of wind farms; her concern is noise and the danger to birds and bats being drawn into them and being killed.

Councilman McDonough stated that he doesn’t want to discourage clean energy but excluding local input is scary; Supervisor Gallagher said that four (4) years ago we voted in favor of home rule, the principle of Article X addresses home rule.

A motion was made by Councilman McDonough to amend the resolution as written prior to adoption; seconded by Supervisor Gallagher. Roll Vote: 4 Yeses, 1 Absent.

The change in the resolution was: paragraph 5 from "Now, therefore, be it resolved, that the Town Board of the Town of Rosendale is opposed to any inclusion of the siting of windmills in Article X of the Public Service Law as it removes local control of our landscape and violates the principles of Home Rule that has been the guiding force of our state," changed to read "Now, therefore, be it resolved, that the Town Board of the Town of Rosendale is opposed to any inclusion in Article X of the Public Service Law which removes local control of our landscape and violates the principles of Home Rule that has been the guiding force of our state,".

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

Councilman Hassett Absent

Councilman McDonough Yes

Councilwoman Greene Abstained

Councilman Cluen Yes

Supervisor Gallagher Yes

10.) DISCUSSION: Waiving Planning Board Fees for Reapplication of Ulster County Co-housing. Billy Liggan, Planning Board Chairman, asked if reapplication fees could be waived for Ulster County Co-housing since the 62 day clock was "ticking" and no one realized it; it doesn’t seem fair. Fred Greitzer of the Planning Board said we need our attorney to determine is a second public hearing is needed. A short discussion followed.

A motion was made by Councilman Cluen to waive any future application fees for Ulster County Co-housing as their application was recently dismissed without prejudice; seconded by Councilman McDonough. Roll Vote: 4 Yeses, 1 Absent.

11.) RESOLUTION 8-2007-#3 Encumbrance Deadline. The deadline was set for September 14, 2007.

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

Councilman Hassett Absent

Councilman McDonough Yes

Councilwoman Greene Yes

Councilman Cluen Yes

Supervisor Gallagher Yes

12.) DISCUSSION: Financial Audit. Supervisor Gallagher noted that a letter had been received from the Unified Court System regarding annual audits of court records and dockets and his desire to have an audit conducted prior to his departure on December 31, 2007. A short discussion followed.

A motion was made by Supervisor Gallagher to go out to bid for the services of an independent auditor for audit of the general fund and the justices accounts; seconded by Councilman McDonough. Roll Vote: 4 Yeses, 1 Absent.

14.) DISCUSSION: Correspondence from the Water/Sewer Commission requesting a letter of clarification be written and sent to customers explaining the reason for the delay in implementing §78-13 of the Town Code; the reason being the need for a clear definition of what constitutes a "unit".

A motion was made by Councilwoman Greene that the Supervisor write a letter to Water/Sewer customers explaining deferral of implementation of §78-13 of Town Code until definition of "unit" is made clear; seconded by Councilman McDonough. Roll Vote: 4 Yeses, 1 Absent.

COMMENTS FOR THE GOOD OF ROSENDALE:

John Maylie commented that a fact finding meeting was held on July 31^st related to flooding on the Rondout Creek. The flooding started at the Rondout Reservoir because it has no capability to release water in an emergency. Councilman McDonough stated that a coalition is to form with Dept. of Environmental Protection to start a process like on the Esopus Creek to remediate flooding. The problem is from the Lawrenceville Bridge downstream; Supervisor Gallagher said this is an uphill battle since New York City was just granted an additional deferral of 10 years on filtration; this is to control turbidity.

Billy Liggan thanked everyone for another successful Street Festival; they project a $5,000 profit and will be repaying the Town. Special thanks to Supervisor Bob Gallagher and Alan Lomita. Supervisor Gallagher commented that the Festival came off very well and it was all done by volunteers.

Sue Diamond stated that she was surprised that the motion to accept the application for a zoning change from John McColgan in last month’s minutes; she questioned why it was done after the Article 78 injunction that was handed down previously. Supervisor Gallagher said that this was just an application, nothing more, and it is a totally different application and includes 3 other property owners and at this point the application is incomplete. She asked who the other parties were: response was Quick & Klepeis in addition to McColgan and Klepeis is supporting the change from residential to commercial use.

AUDIT OF BILLS:

GENERAL FUND VOUCHER’S #725-822 TOTALING $49,067.08

HIGHWAY FUND " #183-210 " $19,325.53

SEWER FUND " #131-142 " $ 4,998.59

WATER FUND " #136-152 " $ 9,914.22

A motion was made by Councilwoman Greene to pay bills; seconded by Councilman McDonough. Roll Vote: 4 Yeses, 1 Absent.

A motion was made by Councilwoman Greene to adjourn at 10:10 p.m.; seconded by Councilman Cluen. Roll Vote: 4 Yeses, 1 Absent.

Respectfully submitted,

Joan S. Jordan

Town Clerk