TOWN OFROSENDALE                                                          DRAFT

TOWN BOARD MEETING

CONTINUED PUBLIC HEARING OUTDOORBOILERS

SEPTEMBER 10,2008

The meeting was called to orderby Supervisor McDonough at 7:30 pm at theRosendaleCommunityCenterwith the Pledge to the Flag.

Supervisor requested a moment ofsilence in remembrance of the victims of September 11, 2001.

PRESENT:Councilman Kenneth Cluen

Councilman Robert Gallagher

CouncilwomanManna JoGreene

Councilman Richard Minissali

SupervisorPatrickMcDonough

ALSO PRESENT: Fred Greitzer,JoeHavranek, Randi Morf, Billy Liggan, Planning Board members; KenHassett, deputy fire marshal; Betsy Tuel, ZRC member; and about a dozenresidents.

PETITIONS: A petition was presented by Paul Costaopposing the proposed local law to regulate outdoor wood burning boilers; thepetition consisted of twenty two (22) pages with three hundred twelve (312)signatures; he also presented one sheet and two packets of informational data about boilers.

COMMENTS: Sheila Brady complimented the Town web siteand requested that two important pieces of information pertaining to the HRVRproject be posted to the web site:

the letter of July 7 declaringDEC as Lead Agency and the DEC Positive Declaration (SEQR).

Chris Pryslopski asked where hecould obtain a copy of the proposed local law for OWB’s; Supervisor McDonoughresponded that it could be obtained at Town Hall.

DATES TO REMEMBER:

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

2.Sat., Sept. 13- Rosendale Library 50^thAnniversaryParty, 1pm atRecCenter

3.Sat., Sept. 13-Chicken BBQ, 2-7pm atBloomingtonReformedChurch

4.Sun., Sept. 14-Drum Depot Grand Opening, 1-3pm,413 Main Street

5.Sat., Sept. 20-Nickel Social, 6pm atRosendaleRecCenter

MINUTES OF PREVIOUS METTING:

A motion was made to accept theminutes of the August 13^thmeeting by Councilman Gallagher; secondedby Councilman Minissali. Roll Vote: 5Yeses.

COMMITTEE REPORTS: CouncilmanMinissali announced there is a dire need for volunteer members for theWater/Sewer Commission so they can transact business; ZBA has had an alternatemember move up due to vacancy; a query of an in-law apartment onMain Streethas beenmade to bring it up to code.

Councilman Cluen reported thatthe Youth Commission is offering a defensive driving class and their report ison file at Town Hall; the Transfer Station has made money in both July andAugust and doing well; Environmental Commission is studying the outdoor woodburning boilers; doing mapping and etc.

Councilman Gallagher reportedthat the Recreation Commission is functioning as usual as of August27^th.

Councilwoman Greene reported thatthe Planning Board met September 4^th, Wild Rose is finishing goingthrough the process; storm water plans are coming; a sub-committee was formed tostudy the Horizon Re-entry (a pre-application meeting was held but no formalapplication was made) project due to the complexity of the project and thecommunity concern. Suggestions were madethat the project be moved to the “old county jail”. Ms. Greene stated she was away for the Policecontract meeting; Supervisor McDonough stated the negotiations areon-going. Ms. Greene reported that theZRC met and discussed hiring a planner to help them; they are preparing apreliminary budget for 2009. SupervisorMcDonough responded to question of “where does the RFP (request for proposal)stand; he said they are coming back by the end of the week. JoeHavranekasked about the roll of alternate members to theplanning board and how they are picked to serve; Supervisor McDonough stated “analternate is an alternate and it’s up to the committee to choose”. Ms. Greene wanted to commend Leslie Treut,clerk to Planning Board, ZBA and ZRC, for the timeliness in preparation of theminutes and getting them on-line.

Councilman Minissali also wantedto commend the ZRC for their serious approach to their mission.

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

APPOINTMENTS/RESIGNATIONS: Supervisor McDonough announced theresignation of Rick Vanden Heuvel from the Environmental Commission (RCCE); hewould prefer to be an alternate member as per his letter of resignation.

A motion to accept, with regret,the resignation of Rick Vanden Heuvel from the RCCE was made by CouncilmanMinissali; seconded by Councilwoman Greene. Roll Vote:     5 Yeses.

1.) ANNOUNCEMENT: The Water/Sewer Commission is still in needof volunteer applicants to serve on the Commission; they must reside in eitherthe water, sewer of both districts. Theneed is urgent.

2.) CLOSE OF PUBLIC HEARING: Supervisor McDonough announced that legaladvice was that if substantive changes are to be made, a new public hearing hasto be initiated. There has been difficulty in writing the law and it istherefore not feasible to start a new public hearing; instead the Board willcall for a public hearing for a moratorium for ninety (90) days on the proposedlocal law pertaining to regulating outdoor wood burning boilers. Kelly Havranek said she feels ninety days isan unrealistic moratorium. Fred Greitzerstated that the Ulster County Planning Board has been objecting to lengthymoratoriums but ninety days seems reasonable. Joe Havranekstated that thereason for the moratorium is stated in the moratorium related to the proposedlocal law (to regulate the permitting, installation and/ or construction ofoutdoor wood burning boilers); SEQR will also be involved and it must go beforethe Rosendale and Ulster County Planning Boards.

Cal Rider asked how thismoratorium will affect those who already have permits; Supervisor McDonough saidgo ahead but regulations will be coming. Mr. Rider stated that the Town ofHurleyis not going to issue waivers on thosewho were “grandfathered in”. SupervisorMcDonough said he will talk to Gary Bellows, Hurley Supervisor, to see if that’sa fact.

Paul Costa asked that theregulations be made reasonable to a “reasonable person”.

Councilman Minissali said thatthe county, state and federal governmental bodies are looking at regulations;even if we take no action they could.

JoeHavraneksuggested that a sub-committee be set up as part ofthe moratorium to get a cross section of fact and opinion.

A motion was made by CouncilwomanGreene to close the public hearing on the proposed local law to “regulate theoperation and installation of outdoor wood burning boilers”; seconded byCouncilman Minissali.  Roll Vote: 5Yeses.

3.) RESOLUTION9-2008-#1-For the Purchase of a Truck forthe Transfer Station. The resolution isfor the purchase, under NY State Bid, of a 2009 Ford F-250 four wheel-drive,regular cab and long box truck at a purchase price of $18,349.00, payments overtwo (2) years.

A motion was made to adopt theresolution by Supervisor McDonough; seconded by Councilman Gallagher. Roll Vote:

Councilman CluenYes

CouncilmanGallagherYes

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

4.) RESOLUTION9-2008-#2-For the Purchase a SteelStorage Container for Conversion to a Dog Kennel. The resolution authorizes purchase of a steelcontainer for $2,300.00 for conversion to become a heated shelter for thirtydogs.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Cluen. Roll Vote:

Councilman CluenYes

CouncilmanGallagherYes

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

5.) RESOLUTION9-2008-#3 Authorizing Legal Representation. The resolution authorizes the hiring of Shannon Martin LaFrance, toprovide legal representation and advice in Municipal Land Use issues, ZoningCode Review, and other matters at $175.00 per hour.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Cluen. Roll Vote:

Councilman CluenYes

CouncilmanGallagherYes

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

Discussion followed; she willmake a proposal for retainer later to save the Town money; she will do separateaccounting on anything dealing with HRVR; she resides in Dutchess County; hasdone work for Dover, Dover Plains, Marbletown, Gardiner and possibly Lloyd.

Ken Hassett stated that he hopedthis was not an “open ended” authorization for legal services to the ZRC;doesn’t want to see them “re-invent the wheel” or that a simple charge becomes aseven year event. Supervisor McDonoughresponded that the resolution for the ZRC had a definite time-line and will useattorney at the end to consult on legality of the review to compliment andincorporate the comprehensive plan; the mission is clear and concise. CouncilmanMinissali said that the ZRC has no intention to “re-invent the wheel”.

Fred Greitzer stated that the ZRCshould also be getting in-put from the Planning Board and ZBA as to their ongoing problems and concerns.

6.) RESOLUTION9-2008-#4Consolidation of “Registrar ofVital Statistics” Duties at theCountyLevel. The resolution is in opposition to consolidation of these duties at thecounty level; citing economic hardship and unnecessary travel; the proposal wastagged on to an unrelated bill entitled “Pandemic Flu and Public HealthEmergency Preparedness Law”.

A motion was made by SupervisorMcDonough to adopt the resolution; seconded by Councilman Gallagher. Roll Vote:

Councilman CluenYes

CouncilmanGallagherYes

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

7.) RESOLUTION9-2208-#5 To Hold a Public Hearing to Consider the Enactment of a Local LawImposing a Moratorium on the Permitting, Construction and/or Installation ofOutdoor Wood Burning Boilers within the Boundaries of the Town ofRosendale. A short discussion about the proposed publichearing and law took place; a proposed change was made to the resolution priorto adoption (paragraph two (2) to add the words “and/or regulations” to thefirst line of the resolution.

A motion was made by SupervisorMcDonough to amend the resolution to read:” WHEREAS, the Town Board of the TownofRosendalefinds that it is necessary to enact a local law “and/or regulations to regulatethe operation………….”; seconded by Councilman Cluen. Roll Vote: * as amended.

Councilman CluenYes

CouncilmanGallagherYes

Councilwoman GreeneYes

CouncilmanMinissaliYes

SupervisorMcDonoughYes

AUDIT OF BILLS:

GENERAL FUND VOUCHER’S #891-942TOTALING $31,291.36

HIGHWAY FUND        “            #201-208         “          $ 2,267.17

SEWER FUND              “            #140-151         “          $ 4,515.63

WATER FUND             “            #133-144         “          $  4,669.30

VAN FUND                   “            #3                    “          $       21.00

A motion was made by CouncilmanMinissali to pay the bills; seconded by Councilman

Cluen. Roll Vote: 5 Yeses.

A motion was made by CouncilmanGallagher to adjourn at 9:00 pm; seconded by Councilman Cluen. Roll Vote: 5 Yeses.

Respectfully submitted, JoanJordan, Town Clerk