REGULAR MEETING TOWN BOARD, TOWN OF MOUNT HOPE, MAY 7, 2018
The regular meeting of the Town Board of the Town of Mount Hope was held at Town Hall on May 7, 2018 at 7:30pm with the following present: Supervisor Chad Volpe, Councilman Matt Howell, Councilman Brian Carey, Councilman Jim Jennings, Councilman Dominick Cambareri and Deputy Town Clerk Paula Bird. Not present: Kathleen Myers, Town Clerk.
OFFICIALS PRESENT: Chief P. Rickard, D. Bavoso –Town Attorney, Highway Supt. D. Hassenmayer.
Supervisor Volpe called the public hearing for proposed Local Law #3-2018 for Moratorium on Commercial Solar to order at 7:30PM, following the Pledge of Allegiance.
7:30pm PUBLIC HEARING FOR PROPOSED Local Law #3-2018 Moratorium on Commercial Solar:
(Legal Ad was available at front desk) Supervisor Volpe said he has had several inquiries about pre-existing projects (Orrin Pierson and two others in the planning board stage) which will not be affected. Furthermore, any new applications that have been taken in prior to being voted on will also be included and will be exempt from this commercial solar moratorium. Supervisor Volpe has an issue with the fact that we are spending money on the Master Plan. He is not against green energy but doesn’t want to see it on every road in the Town of Mount Hope. Some are done professionally with setbacks and some are eye sores. He would like to be selective in the purpose of doing our Master Plan. We have commercial in one area and residential in another area. Moving forward, he would like to limit them and doesn’t think we should have fifteen of them. Supervisor Volpe asked board if they had any comments.
Councilman Howell said he had a question asked of him, if the town board has any mechanism implemented on a time frame for extension. Atty Bavoso stated the initial moratorium would be 6 months with two 3 month extensions which would need to be done by resolution prior to the expiration of each of those time frames. Supervisor Volpe questioned if the six months would fall in the time frame of the Master Plan being done. Councilman Cambareri stated they have started the zoning process and the gentleman who is in charge thinks by the end of June that they will have their public hearings. They are required to have a public hearing as a committee and then the town will be able to have a public hearing before it is voted on. There will be two public meetings; one will be an informational meeting which they will be able to take public comments. After the comments and if any adjustments are needed there will be another hearing to go over the draft. After the draft is approved by the committee, it is submitted to the board and then needs to be approved by the board. The board will also need a public hearing to approve the draft. They are looking at June/July for it to be finished but that is a hard deadline as there is much to be done and a big process.
Supervisor Volpe opened up to the public for any comments.
Marsha Jacobowitz of Jacobowitz & Gubits, attorney for Borrego Solar (for the Willis farm) spoke. In regards to Supervisor’s comment on no project already in the planning stage being subject to the moratorium, they have shared with the town attorney some language they hoped would be included in the local law so that is memorialized and anything that is in front of the planning board has been issued a building permit be excluded from the moratorium. Councilman Cambareri asked isn’t it already in the law which Ms. Jacobowitz stated she doesn’t think that specific language is in there. It is open to interpretation that certain projects are not excluded from the moratorium. Attorney Bavoso stated he has not received the email from John but spoke to him. He possibly sent it to an old email address that is no longer in use. He will check tomorrow and share with the board. Ms. Jacobowitz said she would forward it to his current email address. She would like the board to take their request under advisement. Supervisor Volpe stated there are other things the permit is subject to that has nothing to do with the moratorium which is understood. Ms. Jacobowitz readdressed that having that language in the local law would allay any concerns that they be subject to it. Supervisor Volpe stated they are waiting to hear back from Orange County on their comments which they have not yet received. Supervisor Volpe would like to table the vote until next meeting so they can wait to hear concerns or statements from the county prior to approving.
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MOTION TO CLOSE PUBLIC HEARING:
MOTION offered by Councilman Cambareri 2ndby Councilman Howell to close public hearing at 7:38 PM. All in favor: Howell, Carey, Volpe, Cambareri, Jennings; carried.
7:38pm PUBLIC HEARING FOR PROPOSED LOCAL LAW #4-2018 REGULATING TREES:
Supervisor Volpe discusses the process of become a tree city and the requirements of additional laws. This is only involving public trees not private. This law is to make sure the trees are being kept up and kept in good condition. Somebody will become a tree designee so that if there is an issue there will be someone to address it to. This law will be sent to NY State so we can become a tree city which in turn will give additional funding to plant additional trees in our park.
Councilman Jennings questioned if there will be someone additionally hired for this position as to which Supervisor Volpe answered no. Attorney Bavoso stated that it basically establishes and advisory committee that would serve without compensation.
MOTION TO CLOSE PUBLIC HEARING:
MOTION offered by Councilman Cambareri 2ndby Councilman Jennings to close public hearing at 7:40 PM. All in favor: Howell, Carey, Volpe, Cambareri, Jennings; carried.
MOTION TO APPROVE LOCAL LAW #3-2018 REGULATING TREES IN THE TOWN OF MOUNT HOPE:
MOTION offered by Councilman Carey 2ndby Councilman Howell to approve Local Law #3-2018 Regulating Trees (see LL #3-2018 at end of these minutes). All in favor: Howell, Carey, Volpe, Cambareri, Jennings; carried.
(As per Attorney Bavoso that the Law numbers will be reversed)
MOTION TO ACCEPT PRIOR MEETING MINUTES:
MOTION offered by Councilman Howell 2ndby Councilman Carey to accept the minutes from the April 16, 2018 meeting and the minutes from the April 20, 2018 public hearing as presented. All in favor: Howell, Carey, Volpe, Cambareri, Jennings; carried.
CORRESPONDENCE:
- Budget modification for the supervisor
- Budget modification for the supervisor
- Budget modification for the highway superintendent
- Ag & Mkts. DCO inspection report from 4-19-18
- Notification of free rabies clinic at the Town of Woodbury
- Building department report from April 2018
- Complaint on 21 Spruce Road (has been addressed)
- Complaint on 426 New Vernon Road (has been addressed)
- Complaint on 1015 Rt. 211 West
- Palmers Ark April 2018 impoundment report
- Public Notice from Town of Wallkill ZBA re: area variance rear yard setback
- Community Advisory Board minutes from April 17, 2018
- Trash report – April 2018
- Planning Board report 2016 monies collected
- Planning Board report 2017 monies collected
- Correspondence from Fusco Engineering & Land Surveying, PC re: Dragon Springs Buddhist Inc. Town of Deerpark Lead Agency under SEQRA positive declaration and draft scope
- Letter from Department of Human Services re: part-time non-competitive positions/ police officers
COMMITTEE REPORTS:
BOARD REPORTS:
COUNCILMAN HOWELLreported the Comprehensive Plan committee will have its next meeting on June 28, 2018 at 5PM at town hall. This Saturday, May 12, 2018, Howells Fire Company will be having a fundraiser and Sunday May 13, 2018 Otisville Fire Company will be having a pancake breakfast fundraiser.
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COUNCILMAN CAREYreported that Little League had their parade April 28 which went smoothly and pictures were taken. Community Day is looking for more vendors. Otisville Fire Company is having a blood drive on May 9 from 1:30- 7:30. Friday, May 11 will be the last day for early sign up, after that a late fee will apply. Next Tuesday, May 15, Minisink Valley will have their school budget vote from 12-9 PM.
COUNCILMAN CAMBARERI reported that camp is moving along. They have met with directors and have plans to meet with counselors. There have been 3 days of registration and still open registration with a late charge after May 11. The Comprehensive Plan is at the zoning phase and people are welcome to come. Public input is very important. He welcomes the public to the meeting at 5 PM on June 28.
COUNCILMAN JENNINGSreported that there are 108 library cards as of May 1. The village of Otisville discussed purchasing the Dodge Durango from the town also purchased the new truck for Frank Valentino. They are now looking for bids on the rec hall portion of the firehouse. There were 16 fire calls for April. The planning board discussion was the solar farm on Finchville and the 9 lot subdivision on Maple Lane.
SUPERVISOR VOLPEadded there are 77 campers as of today for summer camp and has been one of the biggest turn-out for applications for counselors. There were 14 counselors last year and they have 30 applications this year. They would like to have more campers. He will be meeting with the town electrician, one of the highway guys who will help with the interior electric for the future community center, and the engineer. Will update at next meeting.
HIGHWAY DEPARTMENT reported thathe needs 2 summer hires he needs to be approved; Joseph Wickham will be back at minimum wage and Logan Crance will be back after his fourth year at 50 cents over minimum wage. The annual highway school is in Ithaca June 3-6 which will be $110 and three nights in a hotel will be $462. He has prices on a new flagpole for behind our sign. It is 30 ft. as opposed to the one that’s currently there that is 18-20 ft. The best price he found is $1650- $2310.84. Councilman Carey asked if it is expandable and what size flag it will hold. H’way Sup’t stated it is a solid piece of aluminum which is not expandable and will hold a 6×10. It withstands a 105 mph wind with the flag and 170 mph without the flag.
MOTION TO HIRE TEMPORARY SUMMER HELP FOR HIGHWAY DEPARTMENT:
MOTION offered by Councilman Carey 2ndby Councilman Howell to approve H’way Sup’t to hire Joseph Wickham (minimum wage) and Logan Crance (50 cents over minimum wage) for temporary summer help. All in favor: Howell, Carey, Volpe, Cambareri, Jennings; carried.
MOTION TO APPROVE HIGHWAY SUPERINTENDENT TO ATTEND HIGHWAY SCHOOL:
MOTION offered by Councilman Cambareri 2ndby Councilman Howell to approve H’way Sup’t to attend highway school in Ithaca, NY June 3-6 2018 for a total of $572. All in favor: Howell, Carey, Volpe, Cambareri, Jennings; carried.
*Councilman Cambareri asked H’way Sup’t if he went to The Flag Guy. H’way Sup’t stated the best price came from Liberty Flagpole Company, the other is Flagpole Warehouse. He said he would check The Flag Guy in Newburgh. Councilman Carey questions the prices from The Flag Guy and thinks he may buy his flags from someone else. Councilman Cambareri asked if we were going to install it ourselves which was answered yes. Councilman Carey asked about shipping. Shipping takes two weeks by common carrier.
POLICE DEPARTMENT:
Record’s management system has been running for a week. With the help from City of Middletown the speed trailer is up and running. It will be placed at the town park by the ballfield for the first week. It will be placed at different locations for one week at a time. The data that is gathered from each location will be used to assign patrol as necessary for those locations. Councilman Cambareri stated he has received three phone calls requesting for it to be placed by the Little League fields. With it being placed by Roeder’s facing toward Millpond, they will be able to see speeding coming into town. When someone speeds it flashes red and blue strobes, which then tends to slow people down. Decisions on where placement will be, depends on safety and how level the spot is.
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The Orange County Sheriff’s Deputy 5K run is this Saturday at the park at 9AM. They have some fire police and volunteers at no additional cost. They will be setting up around 7AM. There were 130 people registered to date. The route will be the same as the fair’s run. Councilman Cambareri questioned how long Mount Hope Road will be closed down. Chief Rickard stated they are anticipating 45 minutes for the road to be closed down. Supervisor Volpe stated to H’way Sup’t Hassenmayer that the new guardrail is working great by funneling people to the crosswalks. NYS crosswalk signs will soon be placed as well.
VILLAGE OF OTISVILLE:
Trustee Loeven commented on Councilman Howell reading the letter at the last meeting from the Comprehensive Plan committee to the Planning Board to consider training of EMS personnel for solar installers. Trustee Loeven thanked the police department for the yard sale application.
SUPERVISOR VOLPE:
The Citizen Preparedness Class has been advertised and will be held June 13 at 6:00PM at the Senior Center. The class is free. With pre-registration, NYS will possibly bring survival bags. People should call Town Hall to register with the bookkeeper. The budget modifications reflect the reimbursements on work that has been done at the future community center. We received our $75,000 grant from Senator Bonacic for the Hidden Valley sewer district. H’way Sup’t Hassenmayer received $50,000 reimbursement for the mower that was purchased. The budget modifications reflect the grant monies that were received; we have to increase one line and move the money back to where we spent it from.
RESOLUTION TO ACCEPT POLICE PROCLAMATION:
MOTION offered by Councilman Howell 2ndby Councilman Carey to accept the proclamation as read by Chief Rickard:
Proclamation for National Police Week 2018:
To recognize National Police Week 2018 and honor the service and sacrifice of those law enforcement officers killed in the line of duty while protecting our communities and safeguarding our democracy.
WHERAS,there are approximately 900,000 law enforcement officers serving in communities across the United States, including the dedicated members of The Town of Mount Hope Police Department;
WHEREAS,some 60,000 assaults against law enforcement officers are reported each year, resulting in approximately 16,000 injuries;
WHEREAS,since the first recorded death in 1791, over 19,000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty;
WHEREAS,the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.;
WHEREAS,the service and sacrifice of all officers killed in the line of duty were honored during the National Law Enforcement Officers Memorial Fund’s 30thAnnual Candelight Vigil, on the evening of May 13, 2018
WHEREAS,the Candelight Vigil is part of National Police Week, which takes place this year on May 13, 2018
WHEREAS,May 15 is designated as Peace Officers Memorial Day, in honor of all fallen officers and their families;
THEREFORE, BE IT RESOLVEDthat Town Board of Town of Mount Hope formally designates May 13-19, 2018, as Police Week in the Town of Mount Hope, and publicly salutes the service of law enforcement officers in our community and in communities across the nation.
All in favor: Howell, Carey, Volpe, Cambareri, Jennings; carried.
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MOTION TO SELL 1999 DODGE DURANGO TO VILLAGE OF OTISVILLE FOR $3800.00:
MOTION offered by Councilman Carey 2ndby Councilman Howell to sell the 1999 Dodge Durango to Village of Otisville for $3800.00 for DCO. All in favor: Howell, Carey, Volpe, Cambareri, Jennings; carried.
MOTION TO APPROVE BUGET MODIFICATION FOR SUPERVISOR’S OFFICE:
MOTION offered by Councilman Cambareri 2ndby Councilman Howell to approve budget modification as follows: Increase revenue SS2770 unclassified by $75,000.00 and increase SS8130.4 Hidden Valley contractual by $75,000.00 for DASNY. All in favor: Howell, Carey, Volpe, Cambareri, Jennings; carried.
MOTION TO APPROVE BUDGET MODIFICATION FOR SUPERVISOR’S OFFICE:
MOTION offered by Councilman Howell 2ndby Councilman Carey to approve budget modification as follows: Increase revenue line A2770 unclassified revenue by $19,390.00 and increase A1620.4 building contractual by $19,390.00 for DASNY. All in favor: Howell, Carey, Volpe, Cambareri, Jennings; carried.
MOTION TO APPROVE BUGET MODIFICATION FOR HIGHWAY:
MOTION offered by Councilman Cambareri 2ndby Councilman Howell to approve budget modification as follows: Increase revenue line D2770 unclassified revenue by $50,000.00 and increase Capital Highway Equipment by $50,000.00 for DASNY grant for roadside mower. All in favor: Howell, Carey, Volpe, Cambareri, Jennings; carried.
2017 ANNUAL REPORT: Supervisor reported the 2017 Annual report should be received by the next meeting.
MOTION TO AUDIT THE CLAIMS:
MOTION offered by Councilman Howell 2nd by Councilman Carey to approve the following bills Abstract 9:
GENERAL A: #233-275 $ 103,357.89
GENERAL B: #46-58 $ 19,381.20
HIGHWAY: #65-75 $ 43,400.19
SEWER: #37-43 $ 78,941.02
CAP RES GEN B: #6 $ 7,400.00
All in favor: Howell, Carey, Volpe, Cambareri, Jennings; carried.
PUBLIC PARTICIPATION:
Trustee Loeven announced that May 29 will be the next senior trip to Hawley, Pa.
Frank Ketcham asked what constitutes a violation for the moratorium law. Att’y Bavoso stated that it would be if an individual didn’t have their application in on time and started to construct; basically the same as a building code violation, however for this specific type of construction, there will be a particular penalty. Mr. Ketcham respectfully requested a resolution for CPV for the governor to revoke any CPV permits as he has the past two meetings. Councilman Howell clarified if he is requesting a law or resolution. Supervisor Volpe thought it was a letter he wanted. Mr. Ketcham said he could provide a draft copy of a letter from Protect Orange. Supervisor Volpe asked him to send it and he will forward it to David and put it on the agenda for the next meeting.
BOARD COMMENTS:
Councilman Jennings commented to Dean regarding a women’s bathroom stall at the Senior Center has a toilet paper holder that is broken and would like it to be replaced. H’way Sup’t Hassenmayer is hoping that our maintenance employee will return tomorrow.
Councilman Cambareri noted to H’way Sup’t Hassenmayer and Supervisor’s office all of the hard work/hours that was put into the grants that have been awarded. To date we have received $700,000 in grant money.
Councilman Howell asked if anyone from the old school was here with any progress or updates with the grant application they have been pursuing with the county. Alison Miller replied the application was submitted by the deadline and they are just waiting on the county.
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H’way Sup’t Hassenmayer noted that the new sign for Howells Cemetery has been put up and looks great. He asked H’way Sup’t Hassenmayer if there is any news on the sale. Supervisor Volpe thinks the commissioners only meet once a month and is waiting for a response.
MOTION TO ADJOURN MEETING:
MOTION offered by Councilman Cambareri 2nd by Councilman Carey to adjourn the meeting at 8:12 pm. All in favor: Howell, Carey, Volpe, Cambareri, Jennings; carried.
The next meeting is scheduled for May 21, 2018 at 7:30pm.
Respectfully submitted,
Paula Bird, Deputy Town Clerk for Kathleen Myers, Town Clerk
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LOCAL LAW # 3 OF 2018
A LOCAL LAW REGULATING TREES
WITHIN THE TOWN OF MOUNT HOPE
- The purpose of this local law is to add a new Chapter to the Town Code of the Town of Mount Hope to regulate public shade trees.
The following shall be added as a new chapter to the Town Code of the Town of Mount Hope entitled “SHADE TREES”:
- Findings and Legislative Intent. The Town Board of Trustees of the Town of Mount Hope has determined that it is in the interest of the citizens of the Town of Mount Hope to promote and protect their health, safety and welfare of its residents and visitors, and to adopt a shade tree ordinance. The Town Board recognizes the role that trees play in the Town ecosystem and that they contribute to the quality of air, reduce noise and visual pollution, help to moderate climatic extremes and conserve energy, and the Board further recognizes the role trees play in enhancing property values and the general quality of life in the Village. In order to establish a responsible program for planting, maintenance, husbandry, or removal of trees or shrubs in the Town, the Town Board finds it necessary to establish a Shade Tree Commission and to adopt this chapter to provide an orderly framework to maximize the benefits afforded by trees within the Village.
- As used in this chapter, the following terms shall have the meanings indicated:
Any trees, shrubs, bushes and all woody vegetation on land lying within public parks having names and in all areas owned by the Town and to which the public has access.
Any trees, shrubs, bushes and all woody vegetation on land lying within a public street or right-of-way within the Town.
- Shade Tree Commission. The Shade Tree Commission of the Town of Mount Hope shall consist of five Commissioners who shall be appointed by the Town Board and who shall serve without compensation. The Shade Tree Commission shall inventory all public trees within the Town and shall study, investigate, and from time to time update the condition of all such public trees.
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- The Shade Tree Commission shall periodically counsel the Town Board on how best to manage the public trees and shall prepare and update a written plan for the public safety,
care, preservation, pruning, planting, replanting, removal or disposition of trees within the Town of Mount Hope easements, streets, and Town parks. This plan shall also include a provision for public education.
- Care of Public Trees.
- The Town Board of the Town of Mount Hope shall have the right to plant, prune, maintain and remove trees and woody plants within the limits of all Town roads, rights-of-way, or parks. The Board, in appropriate cases, and upon consultation with the property owner, may remove or prune a tree which stands upon private property; but which threatens the safety or welfare of those who may use a Town street or park.
- The Shade Tree Commission may recommend the removal of any tree or part thereof within the limits of any street or public park which threatens the safety or welfare of any person or which by reason of its location or nature threatens any electric line, telephone line, gas line or any municipal water or sewer line or any public improvement, or which is affected by any injurious fungus, insect or other pest or disease.
- It shall be unlawful for any person, firm, corporation, or other entity to top any park tree or public tree. “Topping” is hereby defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees interfering with utility lines or other obstructions where other pruning practices are impractical may be exempted from this subsection at the determination of the Shade Tree Commission.
- All stumps of park trees and public trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
- Species of trees to be planted shall be selected from a list provided annually by the Shade Tree Commission.
- The spacing of public trees shall be in accordance with the recommendations provided by the Shade Tree Commission.
- The distance trees may be planted from curbs or curb lines and sidewalks shall be in accordance with the three species size classes, and not trees may be planted closer to any curb or sidewalk than the following:
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- Small trees: two feet;
- Medium trees: three feet;
- Large trees: four feet.
- No public tree shall be planted closer than 35 feet to any street corner measured from the point of nearest intersecting curbs or curb lines. No public tree shall be planted closer than 10 feet to any hydrant.
- Approval for Action within Town. No person shall remove, destroy, or cause the removal or destruction of a tree on any Village street or in any Town park, or undertake construction or any activity which may significantly and prematurely detract from the health or growth of a tree, without first having obtained written permission for such removal or construction at the office of the Town Building Department. All applications must be approved by the Shade Tree Commission.
- Penalties for Offenses. Any violation of this chapter shall constitute a violation within the meaning of the Penal Law of the State of New York, and an appearance ticket alleging such violation may be issued by any police officer having jurisdiction. A violation of this chapter shall be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or both.
- Review by the Town Board.
- The Town Board shall have the right to review the conduct, acts, and decisions of the Shade Tree Commission and of its individual Commissioners. Each Commissioner shall serve at the will of the Town Board/
- Any person who is aggrieved by any decision of the Shade Tree Commission may appeal the decision within 10 days of the filing of the decision with the office of the Town Clerk. The appeal shall be heard by the Town Board within 30 days of the filing of the appeal in the office of the Town Clerk. The Town Board shall make and file its decision with the Town Clerk within five days of its hearing.
- Arborist License and Bond. No license shall be required of any entity performing tree work that has been approved by the Town Board, Shade Tree Commission, or Town Highway Superintendent.
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- Interference with Shade Tree Commission. It shall be unlawful for any person to prevent, delay, or interfere with the Shade Tree Commission or any of its agents while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any park trees or public trees or trees on private property as authorized by this chapter.
PLEASE TAKE NOTICE TO THE EXTENT THAT THIS LOCAL LAW MAY CONFLICT WITH APPLICABLE PORTIONS OF THE TOWN LAW OF THE STATE OF NEW YORK, IT IS THE STATED INTENTION OF THE TOWN TO EXERCISE ITS AUTHORITY TO SUPERSEDE AND AMEND, AS GRANTED UNDER THE MUNICIPAL HOME RULE LAW OF THE STATE OF NEW YORK, SECTION 10. THE TOWN HEREBY PROVIDES NOTICE THAT IT IS EXERCISING ITS AUTHORITY TO SUPERSEDE AND AMEND PURSUANT TO MUNICIPAL HOME RULE LAW OF THE STATE OF NEW YORK SECTION 22.
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