TOWN BOARD WORKSHOP MEETING
PUBLIC HEARING NOISE ORDIANCEAMENDMENT
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
PRESENT:Councilman Robert Gallagher
CouncilwomanManna Jo Greene(arrived at 7:40p.m.)
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.
Supervisor McDonough stated that Judy Lenz,ZBA Clerk, has submitted her
resignation effective April 14th.
A motion was made by
CouncilmanMinissali to accept the resignation of Judy Lenz as ZBA Clerk;
seconded byCouncilman Cluen. Roll Vote: 5 Yes.
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.
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¡¨.
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
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.
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
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
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.
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.
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.
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.
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.
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
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 9th¡V Town BoardMeeting
2.April 9th¡V UC Care-A Van atCommunity Center, 11 am to 3 pm
3.April 19th¡V Spaghetti Dinner,Bloomington Reformed Church
4.April 19th¡V Household HazardousWaster Collection at UCRRAQ, 8am-1pm
5.April 26th¡V 18thAnnual Beltane Festival at Stone Mountain Farm/Center for Symbolic Studies, 1 pmto 11 pm
6.May 3rd¡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 9thfor 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.
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.
Joan S. Jordan