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TOWN OFROSENDALE                                             





The meeting was called to orderat 7:30 p.m. by Supervisor McDonough at theRosendaleCommunityCenterwith the Pledge to the Flag.

PRESENT:Councilman Kenneth Cluen

Councilman Robert Gallagher

CouncilwomanManna JoGreene

Councilman Richard Minissali (excused 8:15 p.m.)


ALSO PRESENT:Jack Snyder, W/S Commission; BillyLiggan, Planning Board; Jennifer Metzger, RCCE; Betsy Tuel, ZRC; and about 27residents.

PUBLIC COMMENTS: See continuation of public hearing below.


APPOINTMENTS/ RESIGNATIONS: Supervisor McDonough announced that thePolice Commissioners have approved the hiring of Thomas O’Connell as a part-timepolice officer.

A motion was made by CouncilmanCluen to appoint Thomas O’Connell as a part-time police officer; seconded byCouncilwoman Greene. Roll Vote: 5 Yeses.

1.) ANNOUNCEMENT: The Rosendale Water/SewerCommission is still seeking applicants for the W/S Commission.


2.) PUBLIC HEARING (CONTINUED): Supervisor McDonough announced thecontinuation of the public hearing on the Proposed Local Law to Regulate OutdoorWood burning Boilers, currently still open for written comments.


Joe McConnell, of Tillson,commented that he has several boilers close to his home in Tillson and onelocated within twenty (20) feet of a school bus stop; don’t allow any morepermits to be issued.

Supervisor McDonough stated thathe has advised Tom Fiore, Building Inspector, that it is incumbent to notifyapplicants that regulations will need to be followed.

Mr. McConnell also commented thatburn barrel smoke has filled his home with smoke which he became aware of afterattending the August 13thpublic hearing; he further commented thatboilers are not certified; he feels both should not be allowed.

Donna Fritz, of Tillson, statedthat she is concerned about the boilers smoldering 24 hours a day; the smokefills her yard so that they are unable to enjoy their property.

Paul Costa, of Tillson, said thathe feels fireplaces and woodstoves are of greater concern.

Jennifer Metzger, RCCE Chairman,stated that the EPA and DEC, air quality agencies, have stated that theparticulate levels from wood burning boilers far exceeds those ofwoodstoves.

Cal Rider, ofMountain Road,disputed reports from NESCOUM. They arepushing for higher standards for every thing; other studies are not asdramatic. He stated that ODWBs are nottested in the same manner as woodstoves; they need some restraint in the “realworld”; to just ban them does a disservice to the residents. Mr. Rider added that boilers are used formore than just heat the home; they are used to provide domestic hot water.

Barbara Pambino,Main Street,Rosendale, has submitted petitions with more than one hundred (100) signaturesopposing outdoor wood burning boilers; they create so much smoke.

Steve Wells,River Road, Tillson,opposed the contention about smoke; he has a wood furnace in his house and hasno problem with smoke.

Donna Fritz, Tillson, stated thateverything she has read about outdoor wood boilers is bad; she would like to seeany documentation of anything good about them that could be provided.

Councilwoman Greene stated thather concern is that people have invested money in this equipment; they should beused out in the country not in villages or densely populated areas. She statedthat six (6) have been permitted and installed and 7 have been permitted but notinstalled; she doesn’t feel we should wait to act on this; she feels thatapplications will triple while we are waiting.

Supervisor McDonough indicatedthat a revised local law will be presented (recommendation of the EnvironmentalCommission) which would necessitate a new public hearing; this was confirmed byCouncilman Gallagher (former supervisor) and the Town Clerk. Supervisor McDonough said there is a lot ofmaterial to be reviewed in one week. Councilman Minissali said there is some degree of urgency to this matter;he stated that he would commit to reading the material by next week.

Supervisor McDonough said that hewould leave the current public hearing open while he obtains a legalopinion.

Paul Costa, Tillson, feels thereis no need to rush, take all the information good and bad), tear it apart andreassemble before deciding.

Joe McConnell, Tillson, said thatno making a decision could present a legal challenge.

Maureen Morrow, Tillson, statedthat you can lift a ban but if you don’t have a ban there is nothing to lift (ithas been suggested that instead of regulating these boilers, they be bannedentirely until more research is done).

Ann Sarrantonio,South Street,Rosendale, thanked the Board for their consideration of this matter. She feels that a notice to newly permitted tohold off installation until we know what the regulations will be.

Tom Ferry, Tillson, stated thathe put his boiler as far from neighbors as possible and the only time he wouldhave smoke lingering would be with “still air”; people should not allow theboiler to smolder.

Supervisor McDonough stated thatif the boilers are operated properly they will be more efficient.

Mario Restivo, Tillson, contendedthat the NESCOUM data is flawed; they are acting on 1995 information for thereport of 2002; efficiency has improved; if proper used there is minimalsmoldering...

Dan Baker, Tillson, stated thatthe issue come to complete or incomplete combustion; wood stoves achievecomplete combustion, outdoor boilers do not (when furnace is closed there is alack of oxygen even when the stack is open); this produces large particles. Mr. Baker stated that the fire box inthe house is a scare tactic (oil, propane, etc.) are safe tools; he has nothingagainst burning wood it’s the combustion issue.

Chris Pryslopski, Tillson, statedthat he has three (3) boilers within his neighborhood; he is not for or againstthem (he provided two (2) pages of concerns and considerations)


A motion was made by SupervisorMcDonough to keep the public hearing open until Wednesday, September 10, 2008,the next Town Board Meeting; seconded by Councilman Cluen. Roll Vote: 4 Yes, 1 Absent (Minissali)


3.) DISCUSSION: Supervisor McDonough spoke about theUlsterCounty“Winter Watch” initiative. The County is lobbying for additional moneyto assist residents this winter; the income eligibility threshold has beenchanged. A leaflet is available at TownHall and various other locations that provide tips for saving energy, andsafety.


4.) DISCUSSION: Purchase of a truck for the Transfer Station; a 2009 Ford Super DutyF-250 4 wheel drive, regular cab under NY State Bid for $18,349.00 was discussedat the August 13thmeeting and again at this time. A resolution to purchase the truck will bepresented next week.


5.) DISCUSSION: Purchase of a storage unit to refurbish into a dog kennel was againdiscussed. The cost of the trailer is$2,300.00. A resolution will bepresented next week.


6.) DISCUSSION: Hiring a Land Use Attorney to assist and advise the Zoning ReviewCommittee and the Town in matters of municipal land use, zoning code review andshall provide any and all legal services and/or defenses which may beappropriate in these proceedings. Aresolution will be presented next week.


7.) DISCUSSION: Ulster County Town Clerk’s opposition to consolidation of “Registrar ofVital Statistics” duties at the County level. Supervisor McDonough elaborated that this would be an inconvenience tothe residents of the County to have to go toKingstonevery time they needed a copy of homebirth records, to obtain a marriage license or etc. especially in light of thecurrent gas prices. He stated that asimilar resolution will be presented to theCountyLegislatureby Philip Terpening our locallegislator. A resolution will bepresented next week.



1.Every Sun. through Nov.- Farmer’s Market, 9am to 2pm atRecCenter

2.Thurs., Sept.4 – Rosendale Library Budget Vote, 11am to 8pm atLibrary

3.Sun., Sept 7 – Grandparents Day Pancake Breakfast, 8am to noon atBloomington Fire House

4.Wed., Sept. 10 – Town Board Meeting, 7:30pm atRecCenter

5.Sat., Sept. 13 – Chicken BBQ, 2pm to 7pm atBloomingtonReformedChurch

6.Sun., Sept. 14 – Drum Depot Grand Opening, 1pm to 3pm at413 MainStreet

7.Sat., Sept. 20 – Nickel Social, 6pm atRosendaleRecCenter


Jack Snyder asked if a petitionabout the halfway house proposed inBloomingtonhas been received by the Town. Supervisor McDonough responded that nothingnew has come before the Planning Board and he understands that the property isto be auctioned off. Mr. Snyder statedthat the old jail would be a better location; Supervisor McDonough agreed; it’scloser to services.




HIGHWAY FUND                   #194-200                  $  7,946.29

SEWER FUND                         #133-139                  $  3,960.49

WATER FUND                        #125-132                  $   7,500.09


A motion to pay the vouchers wasmade by Councilwoman Greene; seconded by Councilman Cluen. Roll Vote: 4 Yes, 1 Absent.


A motion to adjourn was made at8:55 pm by Councilman Gallagher; seconded by Councilwoman Greene. Roll Vote: 4 Yes, 1 Absent.


Respectfully submitted,


Joan S. Jordan

Town Clerk