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REGULAR MEETING, OCTOBER 5, 2015

The regular meeting of the Town Board of the Town of Mount Hope was held at Town Hall on October 5, 2015 at 7:25pm with the following present: Supervisor Chad Volpe, Councilman Matt Howell, Councilman Gary Ketcham, Councilwoman Janet Sutherland, Councilman Dominick Cambareri and Town Clerk Kathleen Myers.

OFFICIALS PRESENT: H’way Supt. D. Hassenmayer, Chief P. Rickard, Attorney D. Bavoso.

Following the Pledge of Allegiance, Supervisor Volpe called the public hearing to order at 7:25pm for the “Amendments to the Animal Law”.

ANIMAL LAW amendments public hearing:

Supervisor Volpe asked for any questions. Town Clerk stated that the public hearing notice is available at the desk as are copies of the law for anyone interested. No questions from audience or board members. He stated that the law can’t be approved until the General Code book gets approved.

RESOLUTION TO CLOSE PUBLIC HEARING:

MOTION offered by Councilman Cambareri 2nd by Councilman Howell to close the public hearing at 7:28pm. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri; carried.

Supervisor Volpe opened the regular meeting at 7:30PM.

RESOLUTION TO ACCEPT THE PRIOR MEETING MINUTES:

MOTION offered by Councilman Ketcham 2nd by Councilwoman Sutherland that the minutes of the 9-21-2015 budget meeting, 9-21-2015 town board meeting and 9-28-2015 budget meetings as submitted are approved. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri; carried.

CORRESPONDENCE:

1. Public hearing notice: T/O Mount Hope re: T-Mobile Wireless 9-16-2015

2. Building Inspector’s report 9-2015

3. Planning Board minutes from 9-16-2015

4. Zoning Board minutes from 9-30-2015

5. Palmer’s Ark impound report Sept. 2015

6. 2 Budget modifications from highway dept.

7. Letter from Senator Bonacic re: Mount Hope being one of the best towns in NY to raise a family

8. Certificate for Assessor (tabled)

9. Health Insurance resolution

10. Mount Hope fire report 10-5-15

COMMITTEE REPORTS:

POLICE DEPT. by Chief Rickard:

Chief Rickard reported:

1. Flood in basement last week approx. 8” water

2. Burner in furnace not working; new fire box & circulator were installed, factory rep. will be coming to check on new burner

3. He is representative for County radio system project; Motorola was only company to respond to RFP’s. It’s projected to be operable by 4th quarter of 2017. Cost was just over $20 million.

4. Need to approve the Halloween curfew-suggested 10/29 thru 11/1.

5. Supervisor Volpe spoke re: gutters on the new police building; Paul received quotes. Low bid was $2250 from Gutter Works. Chief thanked Dean & guys for the blacktop & help.

HIGHWAY DEPARTMENT by Highway Supt. Hassenmayer:

Highway Supt. Hassenmayer spoke re: Trash days start this week for fall clean-up. Supervisor Volpe spoke re: an electric issue at the pavilion. Renter used electric heaters/blowers which blew the fuse. Councilman Cambareri asked when they tried to snake the drain at bottom of stairwell – which way did it go? Supt. Hassenmayer was not in on it but was told it went towards back lawn. They don’t think it’s tied into anything.

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PLANNING BOARD:

Councilman Ketcham stated the next meeting is on the 21st.

HIDDEN VALLEY:

Supervisor Volpe stated that pump #1 went down. It will cost $4,900 to replace it.

LITTLE LEAGUE:

Councilwoman Sutherland acknowledged what the Chief said about cleaning up from the water in PD basement.

MOUNT HOPE FIRE: Chief Doty read report into record.

VILLAGE OF OTISVILLE by Trustee Loeven:

Trustee Loeven (to Supt. Hassenmayer) re: clean-up and asked if white goods can be dropped off. Supt. Hassenmayer: yes, anything with freon there is a recovery fee. Electronics & TV’s we take for free. Tires we charge for. Councilman Ketcham spoke re: 10-17-15 is another clean-up day for the Plains cemetery at 9:00am.

OLD SCHOOL:

Councilman Cambareri stated that KC Engineering will be coming to the 10-19-15 meeting but the committee would like to meet without the general public. After discussion, Councilman Cambareri will contact KC to come earlier than the meeting time. Supervisor Volpe asked if they could come a little earlier. Councilman Cambareri will check with them.

GENERAL CODE:

Atty. Bavoso explained the final draft was received. We have to send a copy to county planning for a 239 referral for them to review. They have 30 days to review it. Then a public hearing will have to be set after the 30 days and do SEQR because it is changing zoning law. Once it’s all in place, we can adopt the code book. This will be a benefit to the offices of the board, planning board, building department. The reason for adoption in the form of a local law is because there were some slight changes made. The changes were primarily citations in ordering. There were references made in the code to NYS town law or any other statutory law sections that no longer exist. Those had to be updated in order to bring the code up to current standards. Once we get it back from county after 239 review, this board can set a public hearing and we would treat it like any other local law. A digital copy should be ok to send to county. Supervisor Volpe added that a link will be on the website to access this, once approved. Atty. Bavoso: once the code book is adopted then you can adopt the change to the animal law. I will work with Kathleen as needed to get the copy to the county.

RESOLUTION TO SCHEDULE PUBLIC HEARING FOR 2016 PRELIMINARY BUDGET:

MOTION offered by Councilman Howell 2nd by Councilwoman Sutherland to set public hearing for the 2016 Preliminary Budget on Oct. 19, 2015 at 7:30PM. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri; carried.

EXPANSION OF SEWER DISTRICT:

Atty. Bavoso: this board would adopt the order as written and set a public hearing date. The notice for the public hearing would have to include a copy of the order and would have to be published not less than 10 days or more than 20 days prior to the public hearing. Might be beneficial to set it up for the 1st meeting in November. Or set it for the 2nd meeting in November.

RESOLUTION TO ADOPT THE ORDER AS WRITTEN:

ORDER OF THE TOWN BOARD OF THE TOWN OF MOUNT HOPE

WHEREAS, the Lands of Lazier Subdivision is a project that has appeared before the Planning Board of the Town of Mount Hope to subdivide parcels identified as Section 16, Block 1, Lots 19.3, 29, and 72 on the tax map of the Town of Mount Hope, and

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proposes a 6-lot subdivision adjacent to the Hidden Valley Sewer District; and

WHEREAS, the principal of the application seeks to provide water and sewer to the newly created lots for the purpose of constructing single family homes on the lots; and

WHEREAS, the principal of the application wishes to join the existing Hidden Valley Sewer District; and

WHEREAS, the application requires an extension of the existing Hidden Valley Sewer District; and

WHEREAS, Article 12-A of the Town Law of the State of New York proscribes the procedure for the extension of a sewer district within the Town; and

WHEREAS, the extension of a sewer district must be based upon a map, plan and report prepared by the Town Engineer which must be filed with the Town Clerk’s office; and

WHEREAS, upon receipt and review of the report, the Town Board of the Town of Mount Hope must then enter an Order specifying the boundaries of the extension, the improvements proposed, the amount to be expended by the Town, the cost of the hookup fees, a calculation of the cost of the hookup fees, and the cost to the sewer district; and

WHEREAS, upon the adoption of such Order, the Town Board of the Town of Mount Hope must set a public hearing to determine if the extension of the sewer district is to the benefit of all those included in the sewer district and is in the public interest; and

WHEREAS, the notice of hearing and Order must be published at least once in the newspaper with the first publication to be not less than 10 days or more than 20 days prior to the hearing; and

WHEREAS, following the public hearing, the Town Board of the Town of Mount Hope must determine by Resolution (1) whether the notice of hearing was published and posted by law and was sufficient, (2) whether all the property and property owners within the proposed district extension are benefited by the proposed extension, (3) whether all the property and property owners benefited are included within the limits of the proposed extension, and (4) whether the extensions of the sewer district is in the public interest; and

WHEREAS, if the Town Board finds all of the above to be in the affirmative, it may adopt a resolution approving the extension of the sewer district subject to permissive referendum, 107

WHEREFORE, THE TOWN BOARD OF THE TOWN OF MOUNT HOPE ADOPTS THE FOLLOWING ORDER:

1. That the boundaries of the proposed Hidden Valley Sewer District extension are described in Appendix B of the report prepared by the Town Engineer in August 2015. A copy of that description is attached hereto.

2. That the proposed improvements include the addition of six (6) lots to the existing sewer district. The proposal includes extending the sewer main by 911 ft. of 8” PVC pipe. The main will extend 130 feet from the existing terminal manhole on Thistle Lane to a new manhole at the right-of-way line on Thistle Lane at the project boundary and then 240 feet through and easement across the applicant’s property over proposed lot 2 to a new manhole in Hill Road. The sewer line will then run 477 ft. generally along the centerline of Hill Road to a point in front of proposed lot 5. Individual hookups will be installed for each new lot. The individual hookups will be at the expense at the cost of the applicant.

3. That all water use in the new dwellings will be metered by a meter furnished or approved by the sewer district. The meter will be installed at the cost of the applicant and shall remain property of the sewer district.

4. That the existing Wastewater Treatment Plant will see an estimated increase of 2,640 gallons per day in wastewater influent flow which represents an 8.8% increase in average daily flow or 4.4% of permitted flow. There is adequate capacity to handle this flow at the existing Wastewater Treatment Plant and no additional construction is required.

5. That all engineering, application, and installation costs will be the responsibility of the applicant with the Town of Mount Hope incurring no additional to the Town.

6. That the Town Board of the Town of Mount Hope levies a hookup fee of Six Thousand and 00/100 ($6,000.00) Dollars per dwelling. That fee was calculated based on the cost of previous hookups for the sewer district.

7. That the Town Board of the Town of Mount Hope shall hold a public hearing on the 16th day of November, 2015 at 7:15pm for the purpose of determining

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if the extension of the Hidden Valley Sewer District is to the benefit of the property owners within the proposed district extension, the property owners currently within the proposed district, and whether the extension of the Hidden Valley Sewer District is in the public interest. This Order shall be published with the notice of public hearing.

BE IT FURTHER ESTABLISHED that the adoption of this Order is done pursuant to Article 12-A of the Town Law of the State of New York.

Dated: October 5, 2015

Motion by: Councilman Cambareri

Seconded by: Councilman Howell

Ayes: Howell, Ketcham, Volpe, Sutherland, Cambareri

Nays: none Abstentions: none

TOWN OF MOUNT HOPE

______________________________

KATHLEEN MYERS, TOWN CLERK

RESOLUTION TO SCHEDULE PUBLIC HEARING FOR SEWER DISTRICT EXPANSION:

MOTION offered by Councilman Howell 2nd by Councilwoman Sutherland to set the public hearing for the HV sewer district expansion on November 16, 2015 at 7:15pm. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri; carried.

CERTIFICATE OF ACHIEVEMENT FOR ASSESSOR:

This is tabled until next meeting.

RESOLUTION TO APPROVE BUDGET MODIFICATION FOR HIGHWAY DEPT.:

MOTION offered by Councilman Cambareri 2nd by Councilman Howell to approve the following modification:

Increase Revenue account D2665for sale of equipment by $14,520.00 & increase Machinery Contr. DB5130.4 by $14,520.00. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri; carried.

RESOLUTION TO APPROVE BUDGET MODIFICATION FOR HIGHWAY DEPT.:

MOTION offered by Councilman Howell 2nd by Councilman Ketcham to approve the following modification:

Increase Revenue account for sale of surplus scrap D2650 by $407.15 & increase machinery Contr. DB5130.4 by $407.15. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri; carried.

MASTER PLAN – BARTON & LOGUIDICE:

Atty. Bavoso explained Barton & Loguidice are consultants hired by municipalities to come and review and revamp/update of master plans/zoning laws/subdivision regulations. He worked with Chuck Ross with a different town. They will put together a committee usually 2 town board members, Bavoso, 2 planning board members, 2 zoning board members and they will comprehensively go over the code. They will propose the updates. Provide a new master plan & zoning law which would be updated and more relevant to this time period. He thinks it would be good for them to come and at least do a presentation and possibly engage them to do an update of the zoning law. Supervisor also spoke with Chuck. He would like to see if he will come in November. Councilwoman Sutherland asked how we heard about them. Supervisor: through David. Sutherland: David, how did you hear about them? Atty: worked with them in another town (Forestburgh).

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Supervisor added that he can come & do presentation.

HEALTH INSURANCE RESOLUTION – TABLED.

RESOLUTION TO APPROVE GUTTER WORKS FOR GUTTERS & LEADERS:

MOTION offered by Councilman Ketcham 2nd by Councilman Howell to approve Gutter Works for $2,250.00 for gutters/leaders for courts, senior center & police building. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri; carried.

RESOLUTION TO THE AUDIT THE CLAIMS:

MOTION offered by Councilwoman Sutherland seconded by Councilman Ketcham to approve the following bills:

GENERAL A: #492-512 $ 49,142.42

GENERAL B: #70-73 $ 6,403.97

HIGHWAY: #142-144 $ 18,832.52

SEWER: #82-84 $ 2,567.96

All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri; carried.

PUBLIC PARTICIPATION:

F. Ketcham asked for 7 Peaks update. Atty. Bavoso showed him the correspondence on the table. He asked for the total dollar amount for the paving. Supt. Hassenmayer: coming in less than the estimate for the tonnage used here was less because he cut down the thickness on the side of the building. Supervisor added the total price was going to be $140,000 between the 2 complexes. Ketcham: less than $110,000 is what was voted on. Supt. Hassenmayer: it came in less than what was voted on.

D. Loeven: there’s a senior trip on Oct. 14th.

C. Furman asked if anyone in the town entertained the idea of joining the annexation lawsuit with the county. Supervisor: no, thought it was only the surrounding towns. Furman: Deerpark is in on it. It’s a small investment and if it’s not too late we should engage in that. Atty. Bavoso will look into that.

BOARD COMMENTS:

Supervisor Volpe confirmed that Councilman Howell & Councilman Ketcham will do the justice audit.

RESOLUTION TO ENTER INTO EXECUTIVE SESSION:

MOTION offered by Councilman Howell 2nd by Councilman Ketcham to enter into executive session at 8:08pm for personnel. Supervisor Volpe asked for the highway supt. to come in as well. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri; carried.

RESOLUTION TO RECONVENE REGULAR MEETING:

MOTION offered by Councilman Howell 2nd by Councilwoman Sutherland to reconvene regular session at 8:45pm. NO ACTION WAS TAKEN AT THIS EXECUTIVE SESSION. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri; carried.

RESOLUTION FOR ADJOURNMENT:

MOTION offered by Councilwoman Sutherland seconded by Councilman Howell to adjourn the meeting at 8:45pm. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri; carried.

The next meeting is scheduled for October 19, 2015 at 7:30pm.

Respectfully submitted,

Kathleen A. Myers

Town Clerk