TOWN OFROSENDALE                                                                  DRAFT

TOWN BOARD WORKSHOP MEETING

PUBLIC HEARING NOISE ORDIANCEAMENDMENT

APRIL 2,2008

The meeting was called to orderat 7:31 p.m. by Supervisor McDonough at theRosendaleCommunityCenterwith the Pledge to the Flag. Supervisor McDonough asked that all remainstanding for a moment of silence in memory of Walter Helmuth, aMain Streetresident, who passed away recently.

PRESENT:Councilman Robert Gallagher

CouncilmanKenneth Cluen

CouncilmanRichard Minissali

CouncilwomanManna Jo Greene(arrived at 7:40p.m.)

SupervisorPatrick McDonough

ALSO PRESENT:Nick Mercurio, Tim Morrison, Ken Hassett,Shayne Gallo (attorney for Town) and about 12 residents.

PUBLIC COMMENTS: Mr. Ade addressed his concern about cats inthe Town; he recently had damage to his vehicle by a neighbor¡¦s cat. Mr. Ade asked if cats could be included inour Town Code under the dog control; also is there or could there be a limit tothe number of animals that can be harbored as pets and what would constitutenuisance. Supervisor McDonough said thathe has researched the Code and found nothing pertaining to cats but he can checkfurther with other towns and see if they have anything to offer. Mr. Ade stated that the neighbor¡¦s cats areallowed to roam free and they spray with no sense of responsibility from theowner for the cats; a suggestion was made that he try mediation at no cost. Ken Oldehoff stated that there are cats aspets and then there are the feral cats; Mr. Ade responded that these are¡§pets¡¨.

The issue of early trashcollection was brought up; the couple stated they were awakened this morning at4:00 a.m. in the Tillson area; Supervisor McDonough stated that these concernswill be addressed in the public hearing and are part of the recommendedamendment to the Town Noise Ordinance.

APPOINTMENTS/RESIGNATIONS: Supervisor McDonough stated that Judy Lenz,ZBA Clerk, has submitted her resignation effective April 14^th.

A motion was made by CouncilmanMinissali to accept the resignation of Judy Lenz as ZBA Clerk; seconded byCouncilman Cluen. Roll Vote: 5 Yes.

Supervisor McDonough stated thatthe Recreation Commission has made recommendation that Heidi Jewett be hired aspart-time Recreation Manager at the rate of $400.00 per week, 1040 hours peryear. It was explained that during thesummer she will work more hours than during the off-season so a straight salarywill work best. Ann Citron and ShariDoherty, Recreation Commissioners, were in attendance; Ann Citron said that weare fortunate to get Heidi, she has had more than 20 years experience withMohonkMountainas theirrecreation director.

A motion was made by CouncilmanGallagher to appoint Heidi Jewett as Part-time Recreation Manager at a salary of$400.00 per week; seconded by Councilwoman Greene. Roll Vote: 5 Yes.

1). PUBLIC HEARING: Proposed Amendment to Town Code Chapter 47,Sections 3 and 6 of the Noise Ordinance. The Notice of Public Hearing was read by Town Clerk; hearing opened forpublic comment. Councilwoman Greenenoted that the fine of $250.00 was to low to be a deterrent; she stated that theviolation for recycling is $1,000.00 per offense; we should think about thefine. Supervisor McDonough asked ShayneGallo, attorney for the Town, if we are limited to the amount that can be leviedas a fine. Mr. Gallo said that we couldraise the fine but it could have a chilling effect on the Town if haulers decideit¡¦s too expensive to do pick-up in Rosendale.

Joe Roddy stated that thepurposed 6:00 a.m. time is unreasonable; it¡¦s putting an unreasonable burden onthe haulers to complete their routes.

Tim Morrison asked who would becalled for violations; Supervisor McDonough said that the Rosendale Police Dept.would be responsible and if our own officers are not available it would rollover to the Ulster County Sheriff. Mr.Morrison also questioned about barking dogs; Supervisor McDonough said we have adog control officer who is available 24/7.

Someone questioned whether therewas one company at fault and has anyone tried talking to them. Supervisor McDonough said ¡§yes¡¨ BobGallagher when he was Supervisor spoke with the haulers and they change theirroutine for a while and then it¡¦s back to the old routine.

Ken Oldehoff asked if the Boardthinks this will work; Councilman Gallagher said ¡§it at least gives us somecontrol¡¨.

Councilwoman Greene asked themedia present to cover this story so the haulers are aware of what is happeningbefore we impose the fines.

Ken Hassett commented that thetickets when written for these offenses are written to the driver, not thecompany; this seems unfair as the driver does not set the schedules.

Shayne Gallo said that perhaps itwould better serve to add ticket to driver and the company.

No further comments beingoffered, Supervisor McDonough said we will move on with the agenda and leave thehearing open until later.

2). A Resolution Amending Town Code Chapter 47,Sections 3 and 6 of the Noise Ordinance. The resolution will be presented nextweek.

3). A Resolution authorizing signing an agreementto provide sewer service to a property owner on Ann Street will be presentednext week; a copy of the proposed agreement is in Board folders.

Councilman Minissali questionedabout a negative declaration; Supervisor McDonough stated that any problems withthe negative declaration could come up when plans come forward for the use, theymust agree with the agreement and the Town Code.

Joe Roddy stated that the currentsewer plant can¡¦t handle this; the plant is already at 85%. Supervisor McDonough said he has discussedthis with Terry Johnson, Water/Sewer Superintendent, and he says its okay forthe proposed daily out-put. SupervisorMcDonough and Shayne Gallo further stated that the property owner can be put onnotice if they exceed the daily use quota. Mr. Gallo said that the Town can negotiate later for a dollar amount.

Nick Mercurio asked if this hasto go out to bid; Supervisor McDonough responded ¡§no¡¨ this is an agreementwith a single owner. Shayne Gallo statedthat this agreement binds the present owner and future heirs; changes can not bemade without Town approval.

Joe Roddy commented that we havedumped raw sewage in the Creek when heavy storms have hit; Supervisor McDonoughresponded that we haven¡¦t done this in several years and it is not raw sewage,it is untreated water only that is dumped and Ulster County Health Dept.acknowledges it being done.

Ken Hassett said that when thereed beds come on line it will reduce the percentage of use capacity; SupervisorMcDonough it will reduce the usage by 15% or better.

Councilman Minissali questionedthe additional maintenance costs. Supervisor McDonough stated that the Water/Sewer Commission reviewed thissituation in 2005 or so and they felt this would be a good idea since thoseseptic systems were failing; the owner must meet all Town specs and requirementsfor connection before the Town will accept the dedication and if at any pointthe negative declaration becomes a positive the agreement will become null andvoid.

Supervisor McDonough said thatthe Water/Sewer Commission reviewed this situation back in about 2005 and feltit was a good idea to extend service.

Ken Hassett interjected that thiswill also help the bottom line of the sewer district.

4). A resolution will be presented next weekauthorizing our intention to participate in the NYS Office Real Property Service6-Year Plan. This resolution is in addition to the resolutions previously passedto reassess all properties in the Town.

5). Approval of the Site Plan for the BeltaneFestival. The site plan is submittedeven though they do not meet the necessary threshold for a mass gathering;Supervisor McDonough stated that we must notify them of the change of FireMarshal, from Kevin Hines to Dave Massimi.

A motion was made by CouncilwomanGreene to accept the Beltane Site Plan; seconded by Councilman Cluen. Roll Vote: % Yes.

6). A resolution will be presented next weekauthorizing the Supervisor to enter into an agreement with MX Energy to provideelectric service to the Town. SupervisorMcDonough stated they claim they could have saved us $10,000 for electric on allexcept the lighting districts; maintenance and services will remain theresponsibility ofCentral Hudson.

Councilwoman Greene asked aboutselling electric (from the solar panels at the Community Center) back to thiscompany and what dollar amount will be paid. Councilman Minissali asked if the company had references and if they hadbeen checked; Supervisor McDonough stated that the company was onCentral Hudson¡¦slist of approved providers.

7). Discussion: Consideration of creating a locallaw regulating outdoor wood burning boilers; this would be for regulating notprohibiting wood boilers. A question wasasked if this would allow ¡§grandfathering¡¨ of existing boilers; SupervisorMcDonough responded that Dave Massimi would have to look into that particulararea.

Nick Mercurio asked if theseregulations fall under the NYS Fire Code; Supervisor McDonough stated that hedid not believe they are covered therefore we want to regulate setbacks fromneighboring properties, chimney heights and smoke emissions until NYS doessomething definite.

Councilman Minissali addressedthe fact that Mr. Massimi does not charge for issuing burn permits; there shouldbe some kind of fee since they require inspections of sites prior to issuing thepermit. This will be looked into.

8). A resolution will be presented next week toseek sealed bids for purchase and removal of scrap metal from the RosendaleTransfer Station. The bid packet is thesame as the bid packet used in 2007 and will be available at the Town Clerk¡¦sOffice.

9). A resolution will be presented next week fora lease and agreement with Prestige Services for the Senior Nutrition Programheld at the Rosendale Community Center.

DATES TO REMEMBER:

1.April 9^th¡V Town BoardMeeting

2.April 9^th¡V UC Care-A Van atCommunity Center, 11 am to 3 pm

3.April 19^th¡V Spaghetti Dinner,Bloomington Reformed Church

4.April 19^th¡V Household HazardousWaster Collection at UCRRAQ, 8am-1pm

5.April 26^th¡V 18^thAnnual Beltane Festival at Stone Mountain Farm/Center for Symbolic Studies, 1 pmto 11 pm

6.May 3^rd¡V Rosendale Energy Expoand Earth Fest at Community Center

A motion was made by SupervisorMcDonough to hold open the Public Hearing to consider amending the Town CodeChapter 47, Noise Ordinance until April 9^thfor written comments;seconded by Councilman Gallagher. RollVote: 5 Yes.

Town Clerk, Joan Jordan, advisedthose present that the Ulster County Health Dept. had contacted her that all thebats that have been picked up and tested so far have not had rabies. It is advised that anyone finding bats,either dead or alive, contact the Ulster County Health Dept. or DEC to be pickedup for testing.

Councilwoman Greene asked ifthere has been any progress on the Zoning Ad Hoc Committee. Supervisor McDonough said he will put it onthe web; maybe by next month we can initiate meetings with Fred Greitzerpossibly as guide and Billy Liggan as an alternate. Councilman Gallagher stated that he felt thecommittee should be kept to a low number; Supervisor McDonough said he waslooking at nine (9) members, five (5) from the community and the remaining fourfrom Town Commissions and Boards.

AUDIT OF BILLS:

GENERAL FUND VOUCHER¡¦S #305-341TOTALING $33,536.09

HIGHWAY FUND        ¡§            # 67-73          ¡§           $10,529.53

SEWER FUND              ¡§            # 49-52          ¡§           $    514.92

WATER FUND             ¡§            # 47-50          ¡§           $     247.97

SHAWNGUNK PART  ¡§            #1      ¡§           $     150.00

A motion was made by CouncilwomanGreene to pay the bills; seconded by Councilman Gallagher. Roll Vote: 5 Yes.

A motion was made by SupervisorMcDonough to adjourn in memory of Walter Helmuth at 9:15 p.m.; seconded byCouncilman Cluen.

Respectfully submitted,

Joan S. Jordan

Town Clerk