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DRAFT
TOWN OF ROSENDALE TOWN BOARD WORKSHOP MEETING & PUBLIC HEARING
MARCH 4, 2009
The meeting was called to order by Supervisor McDonough at 7:30 pm at the Rosendale Community Center with the Pledge to the Flag.
PRESENT: Councilman Robert Gallagher
Councilwoman Manna Jo Greene
Supervisor Patrick McDonough
EXCUSED: Councilman Kenneth Cluen
Councilman Richard Minissali
ALSO PRESENT: About thirty residents.
PUBLIC INPUT: Bill
Moylan stated that he just received his new assessment; he thinks it was
very bad timing with the economy as poor as it is to hit people with
assessment increases; he is not very happy. Supervisor
McDonough agreed that the timing was not the best but that we put this
off before when property prices started to decline so we would not have
to use the higher values. Supervisor
McDonough advised the audience that if they have an issue with the
assessment meet with Dan Baker, our assessor, as an informal process to
see what can be done. There is also Grievance Day, the 4th Tuesday in May, a formal process if no satisfaction is reached in the informal meeting.
RESIGNATIONS: Supervisor McDonough announced the resignation of Joanne McParland from the Board of Assessment Review due to health reasons.
A motion was made by
Supervisor McDonough to accept the resignation of Joanne McParland from
the Board of Assessment Review; seconded by Councilwoman Greene. Roll Vote: 3 Yes, 2 Excused.
1). PUBLIC HEARING: To Regulate the Operation and Installation of Hydronic Heaters and Other Heating Appliances. The hearing was opened by the Town Clerk reading the notice of public hearing. Cal
Rider stated that he was disappointed that there were no copies of the
proposed local law available here tonight; Supervisor McDonough stated
that copies were available at the Town Clerk’s Office, on line on the
Town web site since February 11th; he stated that in the future he will try to have copies available at the public hearing.
Jennifer Metzger,
Environmental Chair, “thanked” everyone for working on and providing
comments for this proposed local law; especially Paul Costa and
Supervisor McDonough. She
stated that the regulations have come a long way; it is not a ban as
first proposed; this local law as now proposed could be a model for
other communities; they are very good regulations. Supervisor
McDonough also wanted to “thank” Jennifer for all of the contributions
she and the Environmental Commission made; this is a much different and
better set of regulations than we looked at six months ago. Jennifer
stated that the EPA maintains a list of units and manufacturers that
meet the emission requirements; the Town Building Dept. must also
maintain this list. Supervisor McDonough noted that all manufacturers are striving to meet the emission requirements.
Tim Morrison asked if he were to purchase an acceptable unit does he still have to abide by the setbacks; Bart Moran responded that if you have a unit that meets Phase #1 requirements you still have to abide by set backs. Jennifer Metzger stated that they still emit more grams of particulate matter than regular fuel furnaces.
Maureen Morrow stated that she lives near five (5) outdoor furnaces and she is very opposed to them; they should be banned. She further stated that long term exposure is a cancer cause; if she had children she would move as this shortens life. She
cautioned against allowing something that only meets half way when it
harms the other half of the residents; she suggested making permit fees
higher for those installations that are considered detrimental sources
and reduce the fees or charge no fees for solar and clean source
installations.
Councilman Gallagher
stated that the fees are for inspection of units which will be carried
out by local Code Enforcement Officers.
Jennifer Metzger said
that perhaps a compromise could be reached by beefing up local laws and
enforcement; prior we had to address DEC and they are very short on
staff; local code enforcement officers will have same training as DEC
(our CEO’s are attending “smoke school”) which is visual screening;
after three (3) violations the permit for operation of the furnace will
be revoked.
Joe McConnell
stated that he is not in favor of allowing outdoor wood burning
furnaces; they only have a 45% efficiency and even though the technology
is getting better they still emit the same smoke as 20 woodstoves, 4
diesel truck or 40 cigarettes in a concentrated area; this is not a
rural area and the setbacks are not enough. He
stated that houses are to close and the particulate matter the furnaces
emit is larger than other fuels and once they are in the body it takes
longer for them to leave the body. He objects to the first day of operation being set at October 15th; people are outside doing heavy yard work and children are outside for Halloween; the date should be at least November 1st; he asked if these dates are in stones and if the Town checks these units. Supervisor
McDonough said that all of this is subject to change but the date
change is not significant; if there is a new owner the unit must be
checked and if it not up to standards it has to be removed. Mr.
McConnell stated that his wife walks and has come home with her hair
smelling like she was “over a burn barrel”; he doesn’t feel that people
are knowledgeable enough on these units.
Chris Pryslopski
said he wanted to thank everyone for their dialogue on the issues; he
would opt not to have outdoor wood furnaces but the public hearing
speaks to the Town trying to be fair. He
added that there were two (2) copies of the proposed local law at the
Library for viewing along with the very complete Environmental report. If these heaters are not the primary source of heat he would ask that the start up date be pushed back.
Sandra Parisi stated that she felt it is insulting to see neighbors cut cost at the expense of others health. More
enforcement is needed; she does not feel that she should have to pay
for this enforcement as a tax payer; the unit owners should pay the
expense. Ms. Parisi stated that this has become a very emotional issue in the neighborhood (Bloomingdale Road to Lower James Street) where three (3) units are in operation; it has split the neighborhood. Ms. Parisi stated that her father died of lung cancer therefore she is definitely against these units.
Bill Moylan stated that a first he thought the law would be too restrictive but he definitely was not aware of all the problems.
Cal Rider of Mountain Road
stated that he has a permit and operates the unit not just to save
money but to survive; he has added height to the stack on his own and
feels that figures are sometimes skewed. On paper the figures are very
scary but in actuality are very safe; he understands the concerns but
they are not necessarily accurate and fair. He
stated that there is a learning curve on the operation of the boilers
and he is willing to help; he is concerned as to how this will impact
his use. Supervisor McDonough responded that there is nothing in the proposed law to cause de-permitting.
Sandra Parisi stated that he (Mr. Rider) talks about his survival, I’m talking about my health survival not economic survival.
Councilwoman Greene
stated that when these units were first in use they were on farms and
didn’t need to be controlled by setbacks; she feels that density
overlays should be applied to permitting; this raises economic and
health issues. Ms. Greene
complimented all on the respect they have shown on both sides of this
matter; we should be finding alternative, renewable sources of energy. Ms. Greene noted that this building (Community Center) uses 55% less fossil fuel energy than previously.
Maureen Morrow asked
how she could educate herself on these units; she was told that two
Town officials are going to “smoke school”; Supervisor McDonough stated
that he would check to see if there are any copyright issues to the
materials. Jennifer Metzger noted that there are alternative heat sources that can be investigated at the 5th Annual Energy Expo being held at the Community Center on May 9th from 10:00 am until 5:00 pm; there will be all sorts of exhibits and information from vendors.
Donna Fritz requested that the start up date be pushed back to November 1st; she and others are still working outdoors. Councilman Gallagher noted that the October 15th date is when the heating season begins for landlords.
Sean Kennedy, a
non-resident, asked about giving a financial incentive to those who have
already installed the units to bring them up to compliance or keep them
in compliance who may not be able to afford to upgrade; he suggested a
website where up to date information is available: www.woodstovechangeout.org . Supervisor
McDonough stated that if a financial incentive was available to replace
or upgrade units the owners would be required to do so; this is not the
most cost effective way to heat unless most in town have access to free
woodlots, then it would be an economical source. Joe McConnell
stated that as an alternative energy sources other units (woodstoves,
etc) have a 35 year life span; wood boilers only have a 20 year span.
Mr. Barnett
stated that wood burning boilers are now referred to as “wood gasifiers”
under phase II and are very clean burning compared to the older ones
but still not as clean as a woodstove.
Ms. Morrow stated that she does not feel they are as clean as her oil furnace and she would favor the November 1st start up date rather than October 15th.
Joe McConnell
asked that monitoring be done over the course of a week to see if there
are changes to the atmosphere; students might be able to do the
monitoring.
Ed Fritz stated that we should be more subjective than objective in this matter; he also feels that November 1st is the best alternative for start up even though he opposes them.
Hal Sampson said
that he has lived here for forty (40) years and doesn’t know what the
wood boilers look like; Supervisor McDonough described them as a
5’x5’x5’ units with a smoke stack. Most properties in Tillson are only ¼ acre so they would not be permitted to be installed.
Sean Kennedy asked
if we have looked at all the EPA reports on woodstoves, smoke and air
quality; see if we could get help to monitor air quality.
Cal Rider stated
that it is in his best interest to make his house and boiler more
efficient; it would be foolish not to upgrade; just because he burns
wood he still cares about other options; he wants to burn less wood.
Supervisor McDonough
asked if anyone had any further comments; being there were none, he
thanked everyone for their input and said he would like to leave the
public hearing open for public comment until next week.
A motion was made by
Supervisor McDonough to leave the public hearing open until March 11,
2009 for written comment only; seconded by Councilwoman Greene. Roll Vote: 3 Yes, 2 Excused.
2). A
resolution will be presented next week to adopt the local law to
Regulate the Operation and Installation of Hydronic Heaters and Other
Heating Appliances.
3). A
resolution will be presented next week to set a Public Hearing to
Revise the Town Code to Update Professional Review Expense Reimbursement
and Escrow Provisions. A
short discussion ensued about the Town not previously adopting relevant
procedures regarding escrow funds and additional fees; the hearing will
be scheduled for April 1st, 2009. Ed
Williams asked if it would specifically cover §60-16.1.c; Supervisor
McDonough responded that it will be addressing several sections, 75-40
(e) 3 through 75-40 in addition to 60-16.
4). A
resolution will be presented next week to adopt the Route 32 Corridor
Guidelines and Standards as an Authorized Planning Document.
5). A resolution will be presented next week to renew the Customer Service and Maintenance Agreement for the Telephone System at the Justice Court and Police Department.
6). Discussion: “Transition Town” Training Opportunity. Councilwoman Greene asked that the Town pay the tuition cost of $255.00 for her to attend this training in New Jersey
which is geared to strengthening local economies, minimizing long
distance transportation and developing more sustainable communities. Supervisor
McDonough asked Councilman Gallagher to look over the material and he
would also like to have input from Councilmen Cluen and Minissali.
7). Discussion: Site Plan for Center for Symbolic Studies Beltane Festival. Supervisor
McDonough said he would like to put off discussion on the site plan
until more of the Board is present and we still have plenty of time in
which to act.
8). Discussion: Wild Rose Subdivision Withdrawal of Stormwater District Request. A
short discussion followed during which Supervisor McDonough stated that
Wild Rose has decided not to pursue establishing the stormwater
district and therefore would like to withdraw the application which is
their option.
A motion was made by
Supervisor McDonough to acknowledge withdrawal of the Wild Rose
application for a Stormwater District; seconded by Councilman Gallagher. Roll Vote: 3 Yes, 2 Excused.
9). RESOLUTION 03-2009-#1 Authorizing the Supervisor to Issue a Request for Proposals for Vending Machines at the Recreation Center.
A motion was made by Supervisor McDonough to adopt the resolution; seconded by Councilman Gallagher. Roll Vote:
Councilman Cluen Excused
Councilman Gallagher Yes
Councilwoman Greene Yes
Councilman Minissali Excused
Supervisor McDonough Yes
10). RESOLUTION 03-2009-#2 Authorizing the Supervisor to Issue a Request for Proposals for Repairs to the Pool at the Rosendale Recreation Center.
A motion was made to adopt the resolution by Supervisor McDonough; seconded by Councilman Gallagher. Roll Vote:
Councilman Cluen Excused
Councilman Gallagher Yes
Councilwoman Greene Yes
Councilman Minissali Excused
Supervisor McDonough Yes
11). RESOLUTION 03-2009-#3 Authorizing the Supervisor to Issue a Request for Proposals for Lease of the Concession Stand at the Rosendale Center.
A motion was made by Supervisor McDonough to adopt the resolution; seconded by Councilman Gallagher. Roll Vote:
Councilman Cluen Excused
Councilman Gallagher Yes
Councilwoman Greene Yes
Councilman Minissali Excused
Supervisor McDonough Yes
AUDIT OF BILLS:
GENERAL FUND VOUCHER’S #196-251 TOTALING $28,361.32
HIGHWAY FUND “ # 46-58 “ $ 4,060.49
SEWER FUND “ # 29-35 “ $ 623.58
WATER FUND “ # 26-32 “ $ 344.69
A motion was made to pay the voucher by Councilwoman Greene; seconded by Councilman Gallagher. Roll Vote: 3 Yes, 2 Excused.
A motion was made by Councilman Gallagher to adjourn at 9:22 pm; seconded by Councilwoman Greene. Roll Vote: 3Yes, 2 Excused.
Respectfully submitted,
Joan S. Jordan
Town Clerk
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