TOWN OF ROSENDALE TOWN BOARD                                 DRAFT                     

TOWN BOARD MEETING & PUBLIC HEARING (CONT’D)

MARCH 11, 2009

The meeting was called to order at 7:30 pm by Supervisor McDonough at the Rosendale Community Center with the Pledge to the Flag.

            PRESENT:       Councilman Kenneth Cluen

                                    Councilman Robert Gallagher

                                    Councilwoman Manna Jo Greene (arrived at 7:40 pm)

                                    Councilman Richard Minissali (via tele-link, then present)

                                    Supervisor Patrick McDonough

ALSO PRESENT: About forty (40) residents).

PETITIONS: No petitions were presented.

PUBLIC COMMENTS: Sean Letus, a 7^th grade student at Rondout Valley Middle School, gave a short presentation requesting Town Board support for a fundraiser.  He has been selected for the People to People Program, founded by Dwight Eisenhower, to travel to China along with 39 other students and 4 teachers as “good will ambassadors”; he needs to raise his own funds ($6,500.00 by May 14^th); he has already raised $2,000.00 and plans to have a dinner dance on April 24^th at the Recreation Center to raise additional money.  He is asking the Town Board to support him by waiving the rental fee for using the Recreation Center for his fundraiser.  Supervisor McDonough stated that the Town is very proud to have a student ambassador and there should be no problem waiving the fee.  Councilman Gallagher noted that “this is a great program and we have done sponsorships before”.  Councilman Minissali also noted that this is a “great program”; he made the comment via the tele-link and stated that “this is the first step into the 21^st Century”.  Supervisor McDonough commented that Edward Williams has passed out a copy of his letter to Supervisor McDonough dated March 8, 2009 related to the HRVR Escrow Account; this has been discussed at several other Board meetings.  A verbal agreement has been reached between the parties and when all the details are final a report will be made so everyone knows the final settlement figures.

DATES TO REMEMBER:

1.      Sat., March 14, Noon to 10 pm – Rosendale Street Festival Fundraising           concert at the Recreation Center.

2.       Sun., March 22, 2 to 4 pm – “Bats and White Nose Syndrome” Symposium at the Recreation Center

3.      Wed., April 1, 7:30 pm – Town Board Workshop Meeting at Rec Center

4.      Sun., April 5, 8 am to Noon – Pancake Breakfast for Rosendale Farmers Market at Rec Center.

MINUTES OF PRIOR MEETINGS:  A motion was made by Councilman Gallagher to accept the minutes of February 2^nd and February 11^th; seconded by Councilwoman Greene.  Roll Vote:  4 Yes, 1 Abstained (Minissali).

COMMITTEE REPORTS:  Councilwoman Greene reported that Planning Board met and conducted usual business; ZRC met for the second time with the consultant; she said she would cover for Councilman Minissali at Water/Sewer meetings for him since they are short a member and have many items to cover.

Councilman Gallagher reported that the Recreation Commission is getting ready for summer.

Councilman Minissali noted that the Water/Sewer Commission has a new member, Andrew Pharmer; a water main broke on the Keator Avenue Bridge in January due to increased traffic from Route 32; he would like to see if DOT will help with the cost.  ZBA met and they had a discussion on a sign issue brought before them by Mark Morganstern and also about parking tanker trucks at the Aero Star station.

SUPERVISOR’S FINANCIAL REPORT:  Supervisor McDonough read the end balances for February; report on file with the Town Clerk.

APPOINTMENTS:  Supervisor McDonough noted that there was only one applicant, Carol Garfinkel, to fill the opening on the Board of Assessment Review (BAR) and they need training prior to Grievance Day (4^th Tuesday in May).  A motion was made by Councilwoman Greene to appoint Carol Garfinkel to the Board of Assessment Review; seconded by Councilman Cluen.  Roll Vote:  s4 Yes, 1 Abstained (Minissali). 

1). CLOSING PUBLIC HEARING:  Supervisor McDonough stated that there were three (3) written comments in Board folders; four (4) additional presented here tonight; six (6) favored allowing regulated boilers, one (1) opposed having them.  Supervisor McDonough stated that the revisions from last week for changing the date for start up of the boilers has been changed from before October 15^th to through October 31^st that means they may not be operated from April 1^st through October 31^st.

A motion was made by Supervisor McDonough to close the public hearing; seconded by Councilman Cluen.  Roll Vote: 5 Yes.

2). RESOLUTION 03-2009-#4 ADOPT LOCAL LAW TO REVISE TOWN CODE TO REGULATE THE OPERATION & INSTALLATION OF HYDRONIC HEATERS & OTHER HEATING APPLIANCES.

A motion was made by Supervisor McDonough to adopt the resolution; seconded by Councilman Cluen.

Discussion followed; Paul Costa read a prepared statement urging the Town Board to enforce the dates of operation.

Jennifer Metzger thanked Paul and Supervisor McDonough for working so hard on bringing this to fruition; if the date becomes a real issue, the owner can appeal to the Building Inspector to mitigate the start up by two weeks. 

For the most part all seemed content with the law as written whether they were in favor of “wood boilers” or not, since emission control is part of the regulations.

Councilman Minissali stated that he personally favors a more stringent law.  He further noted that this has been a lot of work by many and that from 6,000 residents we have 6 units permitted in Town says a lot; we should talk more about legislation on burn barrels, stoves and etc. in the near future..

Councilman Cluen stated that he was against wood burners but has confidence that the regulations will be observed through enforcement; but he asked that we be “gentle on leaf burning”.

Councilman Gallagher stated that he sees a problem with the “heating season”; oil and gas furnaces are hydronic appliances and as written could pose legal expose for the Town; we need to be specific with the definitions.  Councilman Gallagher stated that in the law §43-8 B creates a “loop hole”; he recommended that the operating season be amended to “with the exception of traditional fuel oil and gas”, from April 1^st to October 31^st.

A motion was made by Supervisor McDonough to amend the text of §43-8 B to include the wording “No person shall operate a hydronic heater, with the exception of traditional fuel oil and gas, from April 1 through October 31”; seconded by Councilman Gallagher. Roll Vote:  5 Yes.

Roll Vote on the Resolution:

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Yes      with note to Paul Costa’s Real                                                                                      Property Law on operating season

                        Councilwoman Greene  Yes

                        Councilman Minissali                No

                        Supervisor McDonough            Yes

3). RESOLUTION 03-2009-#5  Setting a Public Hearing Date for Consideration of Local Law to Hold a Public Hearing to Enact a Local Law for the Purpose of Amending Town Code to Adopt Policies and Procedures for Professional Review Expense Reimbursement for the Various Boards with the Town.

A motion was made by Supervisor McDonough to set the Public Hearing for April 1, 2009 at 7:30 pm at the Rosendale Community Center; seconded by Councilman Gallagher.  Roll Vote:

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

Edward Williams asked about the zoning §60; Supervisor McDonough responded that the changes have to be done separately and this is the most pressing.

4). Close Public Hearing on Route 32 Corridor Guidelines.  Supervisor McDonough

Stated that recommendations had been received recommendations from the Planning Board related to language but must get specifics from the Planning Board.  Dennis Kaye said he believed that it was primarily the change from Roman numerals to Arabic numbers.

Councilman Gallagher said that he would like to see this passed now; we can amend it later if needed.

Jennifer Metzger asked how this would revise the Comprehensive Plan; Supervisor McDonough stated that it would be added to the document as an amendment not as a stand alone.

A motion was made by Supervisor McDonough to close the public hearing on the Route 32 Corridor Guidelines; seconded by Councilman Cluen.  Roll Vote: 5 Yes.

5). RESOLUTION 03-2009-#6 Adopting the Route 32 Corridor Guidelines and Standards as an Authorized Planning Document

A motion was made by Supervisor McDonough to adopt the resolution to accept the Route 32 Corridor Guidelines and Standards as an authorized planning document; seconded by Councilman Gallagher.  Roll Vote:

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

6). RESOLUTION 03-2009-#7 Renewal of Customer Service & Maintenance Agreement for Telephone System at the Justice Court & Police Dept.

The contract will be at a cost of $528.00 for a period of one year.

A motion was made by Supervisor McDonough to adopt the resolution; seconded by Councilman Minissali.  Roll Vote:

                        Councilman Cluen                     Yes

                        Councilman Gallagher   Yes

                        Councilwoman Greene  Yes

                        Councilman Minissali                Yes

                        Supervisor McDonough            Yes

7). Discussion – Site Plan Review for the Center for Symbolic Studies Beltane Festival.

Councilman Gallagher stated that it was a very good plan and very coordinated with our mass gathering regulations.  No further comments were presented.

A motion was made by Councilman Minissali to accept the Site Plan for the Beltane Festival; seconded by Councilwoman Greene.  Roll Vote: 5 Yes.

8). Discussion – COPS Hiring Grant: Andrew Buboltz, Acting Police Chief, contacted Supervisor McDonough about having researched grants to hire new police officers; he came up with “COPS hiring Recovery Program”.  The grant would fund 100% for approved entry-level salaries and benefits for 3 years (36 months) to fill existing unfunded vacancies, new positions or rehire officers who have been laid off or are about to be laid off.  At the conclusion of the funding, grantees must retain all sworn officer positions awarded under the grant for an additional year.  Councilman Gallagher says “no”; try to reduce the force.  Supervisor McDonough asked Board to review the materials until the April 1^st meeting; check to see if there are more obligations beyond the four (4) years.

Councilwoman Greene announced that UCRRA will be having a “household hazardous waste” disposal coming up; they will take “friable asbestos” in small quantities (both Ms. Greene and Mr. Snyder have small quantities).  UCRRA can be reached at 845-336-0600 to find out more information.

Councilman Minissali excused himself from the meeting prior to the audit of bills.

AUDIT OF BILLS:

            GENERAL FUND VOUCHER’S #196A – 236A TOTALING $32,494.94

            HIGHWAY FUND         “             #  46A – 58A           “            $  6,158.40

            SEWER FUND               “             #  36    -  44              “           $   1,988.09

            WATER FUND              “             #   33   -  39              “            $   2,021.88

A motion was made by Councilwoman Greene to pay the bills; seconded by Councilman Gallagher.  Roll Vote: 4 Yes.

A motion was made by Councilman Gallagher to adjourn at 9:45 pm; seconded by Councilwoman Greene.  Roll Vote: 4 Yes.

                        Respectfully submitted,  Joan S. Jordan Town Clerk