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TOWN OFROSENDALE                                                        DRAFT



AUGUST 13,2008


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

CouncilmanRichard Minissali

SupervisorPatrick McDonough

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.


PETITIONS/PUBLIC 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 submission.

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.


COMMITTEE REPORTS: 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 Rosendale.

Councilman Gallagher stated thatthe minutes of the Recreation Commission should be on file.

Councilwoman Greene 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.

Councilman Minissali 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.


SUPERVISOR¡¦S FINANCIALREPORT: Supervisor McDonough read theend balances for the month of July; the report is on file with the TownClerk.


RESIGNATIONS: 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: 5 Yeses.


APPOINTMENTS: 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).


PUBLIC HEARING: 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.

Ed Maestro (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.

 Ron 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 standards.

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.

JoeHavranekspeaking for 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 current regulations.

Supervisor McDonough 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 person.

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.

Mario Restivo 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 right people.

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.

Supervisor McDonough 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.


PRESENTATION: Peter 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.

Councilman Gallagher 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.

JoeHavranekstated that 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.

Councilman Minissali 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 analternative fleet.

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 presented nextmonth.


DISCUSSION: Rosendale Water/SewerDistrict is looking for a possible rate change; a sheet outlining three optionswas compiled by Terry Johnson, District Superintendent, for the Board toreview.


RESOLUTION:8-2008-#3Encumbrance 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 basis.

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

Councilman CluenYes



Councilwoman GreeneYes



RESOLUTION:8-2008-#4Authorizing 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:

Councilman CluenYes


Councilwoman GreeneYes




JoeHavranektold the 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:

5 Yeses.




 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.


Respectfully submitted,