TOWN BOARD MEETING/PUBLICHEARING
PROPOSED LOCAL LAW WOODFURNACES
The meeting was called to orderat 7:00 p.m. by Supervisor McDonough at theRosendaleCommunityCenterwith the Pledge to the Flag.
PRESENT:Councilman Kenneth Cluen (arrived 7:05 p.m.)
CouncilmanRobert Gallagher CouncilwomanManna Jo Greene
ALSO PRESENT:Jennifer Metzger, Ed Maestro, Betsy Teul,Fred Greitzer, Dee McClusky, Brian Farmer, Ron Parenti,Joe Havranek, Dennis Kaye, Ken Hassett, Billy Liggan,Tom Fiore representing various Town committees and Commissions; about 70residents.
COMMENTS: Chris Beall spoke regarding the Hudson RiverValley Resort; he
asked when and how comments not addressed in the environmentalreview
will be addressed; he is looking for clarity of the ambiguity in
theamendment and to provide in-put to Town Board deliberations. Various
members of the Town Board respondedthat all comments from the public
hearing would be addressed whether they hadbeen included in the
environmental assessment submission. Mr. Beall provided awritten
Peter Fiorentino, Save the Lakes,addressed the Board stating that SEQRA regulations (¡±1617.5c) does allow forthe Town
to reject an application for zoning change. Mr. Fiorentino advised the
Board to gothrough the document (zoning application) as presented with a
fine tooth comb;he feels if the Town waits until the end of the process
the Town could beleaving itself open to a law suit by the applicant.
MINUTES OF PRIOR MEETINGS: Amotion was made by Councilman Minissali to accept the minutes of the July9thTown Board; seconded by Councilman Gallagher. Roll Vote: 5 Yeses.
Councilman Cluen reported that the YouthCommission did not have their
regular meeting but everything is rolling along;the Transfer Station is
doing well; a proposed dog kennel at the TransferStation is coming along
which will relieve some of the costs the Town pays forboarding; the
High Falls Water Commission met last night, no money wasforthcoming to
Councilman Gallagher stated thatthe minutes of the Recreation Commission should be on file.
announcedthat the Planning Board met last Thursday; most of the meeting
was discussion ofthe proposed regulation of outdoor wood furnaces, and
the Maple Hilltransitional home application. TheZoning Review Committee
met and has done a lot of work and has been extremelycollaborative; a
sub-committee has been formed to pursue hiring a consultant forthe
committee to be appointed by the Town Board. The Police Commission
minutes are onfile.
reportedthat the ZBA is quiet right now; Water/Sewer Commission has
correspondence tothe Board possible rate increase changes; they are
still looking for acommission member.
CORRESPONDENCE: Supervisor McDonough stated that thecorrespondence is on file with the Town Clerk.
FINANCIALREPORT: Supervisor McDonough read theend balances for the month
of July; the report is on file with the TownClerk.
Supervisor McDonough announced theresignations of Corey Brainard as
Youth Recreation Aide and Stacia Torelli fromthe Youth Commission. A
motion was madeby Councilman Cluen to accept the resignations of Corey
Brainard and StaciaTorelli; seconded by Councilman Minissali. Roll Vote:
Supervisor McDonough moved to appoint RonaldMcGhee as Youth Recreation
Aide;seconded by Councilwoman Greene. Roll Vote: 5 Yeses.
A motion was made by
SupervisorMcDonough to appoint Ken Oldehoff and Councilman Richard
Minissali as alternatesto the Zoning Review Committee; seconded by
Councilwoman Greene. Roll Vote: 4 Yeses, 1 Abstention (Minissali).
Supervisor McDonough opened the publichearing on ¡§A proposed Local Law
to Regulate the Operation and Installation ofOutdoor Wood Burning
Boilers within the Boundaries of the Town of Rosendale¡¨ at7:20 p.m.
Jennifer Metzger, Chair
of theEnvironmental Commission, gave recommendations for alternate
resources availableto the use of outdoor wood boilers that would not
endanger the health ofresidents. Ms. Metzger
submittedAssessments&Recommendations from the Environmental
Commission dated August11, 2008 citing poor combustion, high particulate
emission from studies done byNESCAUM and the NYS Attorney General¡¦s
Office. The recommendation (according to Ms. Metzger) was to ban the
boilersuntil they can meet higher standards
Supervisor McDonough stated thatthere are differing opinions on banning wood boilers; the original idea was toregulate them.
(EnvironmentalCommission member) gave some additional statistics from
reports stating there isa big difference between a 200 foot and a 500
foot setback in the disbursementof particulates. With the
uniquetopography of Rosendale the most affected area would be downtown
where it wouldsettle. He stated that catalyticconverters don¡¦t work on
these boilers because of the extremely hightemperatures.
Barbara Pambino stated
that shelives four (4) doors from an outdoor wood furnace; there is
smoke all over. She spoke with Ulster County LegislatorsBrian Shapiro,
Alan Lomita and Councilman Robert Gallagher about the situationas she
has a compromised immune system, nothing has happened yet. She has been
told to have them put tallerstacks on the boilers but she is still
¡§down wind¡¨; she does not feel theseare the answer to high fuel costs.
Supervisor McDonough interjectedthat there are no regulations inUlsterCountyorNew YorkStateregarding these boilers.
Norma Maestro asked if we areonly considering regulating, not banning the boilers?
Gary Jacobson asked that the Townconsider how many boilers could be installed in Town with the 500 footsetback.
Cal Rider fromMountain
Roadstatedthat he has a boiler and needs it to survive; he has a problem
with the databeing presented. He feels a blanket banwill not serve the
community; technology is advancing but needs time to catch uptherefore
it would not be fair to ban the boilers. He asked where do you stop if
you ban theseboilers; fireplaces, woodstoves, etc. Mr. Rider gave
several sets of info to the Board and the Clerk.
Paul Costa of Tillson stated thatthe Town
should not jump into copying this law from the Town ofHurleywhich was
basedupon a neighbor dispute and the information from studies that are
based on 2005data. He urged the Board not to jump toconclusions.
Parenti,Main Streetresident, asked how many boilers are there in Town
presently; the response was 4or 5 are operational and another 4 or 5
permits are open. He said that he has a pellet stove becausethe initial
expense of a boiler was a deterrent. He
feels it is a separate issue betweenthose that already have the boilers
and those who may want them in the future;impose a two (2) year ban on
an new installations until the manufacturers cancomply with emission
Paul Costa said that
the Boardshould empower the Code Enforcement Officer to cite violators
who burn rubbishor other materials (pressure treated wood) which is not
what these boilers weremeant to burn. He asked how manycomplaints has
the Town receivedto garbage or wood burning. Tom Fiore, Building
Inspector, said therehave been more complaints against burn barrels than
stoves or boilers; DaveMassimi started to ban burn barrels. Mr.Costa
suggested that the Code Enforcement Officer inspect these 4 or 5
furnacesduring the winter when they are in operation.
the Planning Board said they have prettyneutral comments; he provided a
hand out copy of the proposed law with commentsand notations from the
Planning Board; which he went through item by item. The recommendations
are on file with the TownClerk.
Bob Ryan of Tillson
cited a maplesyrup production facility in his neighborhood on a small
parcel and nearcommunity buildings as being a pollutant. Ken Oldehoff
advised him that most of what you see coming from the mapleproduction is
steam, not smoke; Supervisor McDonough stated that there are
alsopollutants. Mr. Ryan also asked that theTown re-evaluate burn
barrels and etc. as pollutants versus oil usage.
Tom Ferry stated that
he hasalready obtained a permit to install a wood boiler; he asked if he
would fallunder the new law and can he proceed with the installation.
Tom Fiore said that those who already havepermits may proceed;
Councilwoman Greene noted that the applicants should beaware that they
would be ¡§grandfathered in¡¨ but would not be immune fromregulation.
Ken Hassett, Deputy FireMarshal, stated that they would fall under the
said thatlegal advice is needed; there are a lot of problems with the
heights of thesmoke stacks; he stated that he will personally call if
there is a legaldifference.
Barbara Pambino asked
whatrecourse do residents have when they feel their health is in
jeopardy;Supervisor McDonough stated that he was ¡§unsure¡¨.
JoeHavranekresponded that you could always file a civil suitagainst the
Naja Kraus of the
EnvironmentalCommission said that she hoped that the Town Board would
pass a ban on permits;Supervisor McDonough responded that another public
hearing would be necessary topass a moratorium. Ms Kraus said she
isvery concerned after reviewing all the data; she also stated that
NYSERDA isoffering grants and assessments for those that qualify.
Mike Harrison of
Tillson statedthat he lives across the street from Mario Restivo who has
a wood boiler and hehas no problem with smoke; he feels that wood
stoves will be more prolific and agreater danger.
questioned theenforceability of the law which is copied from the Town
ofHurley; it doesn¡¦t allowyou to work with the owner. Mr. Restivofeels
that the law was poorly written; doesn¡¦t address time frames (boilers
areonly used in winter for the most part). Mr. Restivo stated that he
removes and replaces his smoke stacks becauseof the creosote
accumulations; he doesn¡¦t feel the law was written or reviewedby the
Councilmen Cluen and Minissaliasked about having a special meeting to keep moving forward on this issue.
Ken Hassett cautioned
the Boardnot to make ¡§a knee jerk reaction¡¨; open burn barrels are
more dangerous tohealth and there is a liability possibility.
A motion was made by
SupervisorMcDonough to keep the public hearing open until the September
3, 2008 Town BoardMeeting for written comments; seconded by Councilman
Cluen. Roll Vote: 5 Yeses.
andCouncilwoman Greene noted that energy audits are being done by Ulster
CountyCommunity Action, NYSERDA and Mid Hudson Energy Smart.
A five (5) minute break wastaken.
Fairweather, consultant, was to havegiven a Power Point presentation on
the Proposed Route 32 CorridorCommercial/Industrial Design Guidelines
but due to the lateness he just gave anoverview; this is an addendum to
the Comprehensive Plan not a zoningchange. It will serve as a ¡§tool
kit¡¨of suggestions for industrial and businesses along the corridor for
such thingsas signage, parking, lighting and etc. and help to maintain
the scenic andnatural beauty of the area. Peter saidthat the committee
has to decide whether these will be guidelines or standardsto recommend
to the Town Board.
thankedPeter Fairweather and Dennis Kaye and the other members of the
committee for allthe time and work they have expended with the committee
in drafting thisdocument.
John Maylie asked what
theprocess will be in adopting the recommendations; Supervisor McDonough
statedthat some comments would be from the public; we already have
recommendationsfrom the Environmental Commission, an unofficial review
by the Rosendale andUlster County Planning Boards and a public hearing
would be necessary to adoptthe guidelines.
Peter Fairweather and GaryJacobson will read the guidelines to see if there is need to codify to theCode.
Vicky Coyne stated that
when shewent before the Planning Board she was not asked to show a
building design onlya site plan; she feels that Planning Board needs to
authority to ask forbuilding design plans.
special use requires a design to blendwith the community; the Zoning
Review Committee (ZRC) will solicit comments fromthe Planning Board,
Comprehensive Plan and the ZBA. Councilwoman Greene said that the ZRC
shouldlook at all issues the various boards are dealing with.
JoeHavraneksaid he feels the ZBA and Planning Board should listcommon
issues before them for zoning changes.
DISCUSSION: Purchase of
Pick-uptruck for the Transfer Station. HighwaySuperintendent Carl
Hornbeck had submitted a recommendation for the Town topurchase a 2009
Ford Super Duty F-250 4-wheel drive, regular cab truck underState Bid
for $18,349.00 which includes a snow plow prep-package and
deliverycharges. The payment for this vehiclecould be done over two (2)
years, 2008&2009 at a cost of $9,174.50 peryear. A snow plow could
be budgeted forin the Transfer Station 2009 request for about $5,000.
Councilman Gallagher stated thatthe truck should be purchased through the General Fund and belongs to theTransfer Station.
suggestedthat we look for an alternate fuel vehicle; Councilman Cluen
responded thatthere are no hybrid trucks on the market; Councilwoman
Greene suggested that theSupervisor check withWestchester, they have
Supervisor McDonough said that aresolution for the purchase will be presented next month.
DISCUSSION: Purchase of
storageunit to refurbish as dog kennel. Councilman Cluen said that we
would rehab a 40 foot steel unit; it wouldhave geo-thermal heating and
insulated siding. The kennel would be placed at the Transfer Station and
would save theTown considerable money we now spend for boarding our
seized dogs. The cost of the unit would be $2,300. A resolution will be
Water/SewerDistrict is looking for a possible rate change; a sheet
outlining three optionswas compiled by Terry Johnson, District
Superintendent, for the Board toreview.
and Overtime Pay Spending Deadline. The resolution set August 28,2008
for acceptance of purchase order requests; after said date all
overtimemust be approved in advance by the Supervisor. Any purchases
made without a purchase order will hold the individualresponsible
personally liable. Emergencysituations will be handled on an individual
A motion was presented bySupervisor McDonough to adopt the resolution; seconded by Councilman Cluen. Roll Vote:
the Supervisor to Issue a Request for Proposals for Consultant tothe
Zoning Code Review Committee. Theresolution would authorize the
Supervisor to issue a request for proposals for aconsultant to the
Zoning Review Committee as recommended by the committeetrained and
experienced in revising municipal codes.
A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Gallagher. Roll Vote:
Board that the Zoning Review Committee willneed money to operate;
advised Chairman Jacobson to develop budget withSupervisor.
EXECUTIVE SESSION: A
motion was made by Supervisor McDonough toenter executive session to
discuss the possible hiring of a certain person at10:10 p.m.; seconded
by Councilman Gallagher. Roll Vote: 5 Yeses.
Out of executive session at 10:25p.m..
A motion was made by
CouncilwomanGreene to allow the Supervisor to present a resolution to
hire a land useattorney; seconded by Councilman Gallagher. Roll Vote:
AUDIT OF BILLS:
GENERAL FUND VOUCHER¡¦S #737-835TOTALING $57,441.76
HIGHWAY FUND ¡§ #161-193 ¡§ $49,511.46
SEWER FUND ¡§ #116-132 ¡§ $ 6,370.05
WATER FUND ¡§ #109-124 ¡§ $ 4,072.98
VAN FUND ¡§ # 2 ¡§ $ 42.84
A motion was made by CouncilmanGallagher to pay the bills; seconded by Councilman Cluen. Roll Vote: 5 Yeses.
A motion was made by CouncilwomanGreene to adjourn at 10:55 p.m.; seconded by Councilman Minissali. Roll Vote: 5 Yeses.