The regular meeting of the Town Board of the Town of Mount Hope was held at Town Hall on April 4, 2016 @7:30pm with the following present: Supervisor Chad Volpe, Councilman Matthew Howell, Councilman Brian Carey, Councilwoman Janet Sutherland, Councilman Dominick Cambareri and Town Clerk Kathleen Myers.
OFFICIALS PRESENT: Highway Supt. Hassenmayer, Police Chief Rickard, Attorney Bavoso.
Following the Pledge of Allegiance, the Supervisor called the meeting to order at 7:30pm. Please silence all cell phones.
RESOLUTION TO ACCEPT PRIOR MEETING MINUTES:
MOTION offered by Councilman Howell 2nd by Councilman Cambareri that the minutes of the March 21, 2016 meeting as submitted are approved. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
- Proposed fire protection contract
- General Orders Policy
- Municipal Undertaking resolution
- Public hearing notice, T/O Wawayanda 4-5-16 at 6:30pm
- Letter from fair committee requesting highway help
- Thank you note from Hassenmayer family for use of senior center
- Complaint re: 199 Shawangunk Road
- Proposed Noise law
- Letter from Cty. Dept. of Planning re: lead agency for Hidden Valley treatment plant
- Building inspector report 3-2016
- O&R discontinuation of service re: 2213 Mount Hope Rd.
- O&R proposal re: energy audit for 8 more lights
- Copy of letter from Fusco Eng. re: Deerpark Commons
- Palmer’s Ark impound report 3-2016
- Badges, Patches & Identification policy
Councilman Howell reported: ZBA meeting 4-6-16 at 7pm; would like to add to senior center check list about doors being locked & multiple rentals in a day (this is not allowed so it would not pertain to this list).
Councilman Carey reported: Little League opening day 4-16-16; Youth football meeting 4-6-16; applications for summer recreation are on website. Supervisor asked Chief Rickard if he was contacted to escort the parade. Chief has not heard as of yet but normally is every year.
Councilwoman Sutherland reported: Lucy Joyce is here; nothing with Devan’s Gate; Planning board meets on 20th; Diane is here to report on village.
Councilman Cambareri reported: garage floor is done at police station; still an issue with beavers at treatment plant; RFP’s for school have been picked up. Supervisor added that he & Dean went to the sewer plant last Friday – still an issue with beavers. We have a plan now.
POLICE DEPARTMENT by Chief Rickard:
Chief Rickard reported re: garage floor is done; electric is done; waiting for electrical inspection; July14th is tentative date for law enforcement day for summer rec.; he would like the general orders policy approved if no one has questions; the badges/patches & identification policy was put together with Chad; he requested executive session for police personnel.
HIGHWAY DEPARTMENT by Supt. Hassenmayer:
Supt. Hassenmayer reported re: the amount for highway school lodging is $149/night = $447 total; he received a notice from the county that Tally Ho Road will be closing for 6 weeks in June between Reservoir Road & Pierson Hill Road; sub-division off Vermont Lane which is a private road; state budget was passed & CHIPS money will get an increase ($100,000,000 to be split with all municipalities); clean up starts in 2 weeks from Wednesday (8-5 weekdays & 9-1 on Saturdays).
MOUNT HOPE FIRE COMPANY:
Stu Carver (2nd Asst. Chief) read report. Copies will be given at next board meeting.
VILLAGE OF OTISVILLE by Trustee Loeven:
Ms. Loeven reported they are still accepting counselor application through the end of the month. It was in the village newsletter and O-Voice. She sent Angie a template if the board decides to put it in the THR. Councilwoman Sutherland asked what cost is for ad? Loeven: between $30-40. Town Clerk added it goes by the # of words.
Supervisor Volpe reported about the flags at the park by the pavilion being replaced before the Lions Easter Egg hunt as they were in disrepair. He thanked everyone involved in getting the new flags up.
HIGHWAY HELP FOR OTISVILLE COUNTRY FAIR:
Supervisor Volpe reported that he asked for Dean & Paul to get together estimated costs for their part in preparing for the fair. Councilman Cambareri asked why it costs the taxpayers $12,000 to have the fair? He understands we should have a part in it/help. He gave the following info: 2014 Highway – 430 hours $8035.30 without supervisor hours/vehicle use/gas & 2015 highway 469 hours $8738.55 without supervisor hours/vehicle use/gas and 2014 Police – 106.5 hours $2618.60 without supervisor hours/vehicles/gas & 2015 Police 151 hours $3,709.69 without supervisor/vehicles/gas. Councilman Howell asked if the police figures include the 2 patrol officers already on duty? Chief: that’s the additional. Councilman Carey asked if the village guys help. Ms. Loeven: the village guys are there on their own time. Councilwoman Sutherland asked if the figures are in the highway/police budgets already? Cambareri: yes. He’s not saying to cut it out completely but to cut it a little. Supervisor Volpe will set up a meeting with Sue & Jim.
RESOLUTION TO APPROVE THE GENERAL ORDERS POLICY:
MOTION offered by Councilman Cambareri 2nd by Councilwoman Sutherland to approve the General Orders Policy as presented. (Copy on file in Town Clerk’s office) All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
FIRE PROTECTION CONTRACT:
Atty. Bavoso explained that a public hearing is needed to approve this contract due to Town law for the fire protection district.
RESOLUTION TO SET PUBLIC HEARING FOR FIRE PROTECTION DISTRICT CONTRACT:
MOTION offered by Councilman Sutherland 2nd by Councilman Carey to set public hearing for the fire protection district contract to be held on May 2, 2016 at 7:30pm. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
Supervisor Volpe spoke re: CPR class on April 14, 2016. The next one is May 19th. Anyone interested should call Town Hall to be put on list.
RESOLUTION FOR HIGHWAY SUPERINTENDENT TO ATTEND HIGHWAY SCHOOL:
MOTION offered by Councilman Carey 2nd by Councilman Howell to authorize the Highway Supt. to attend Highway School in Ithaca NY: June 5-8, total cost $447.00. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
CORNELL COOP. EXTENSION:
Lucy Joyce spoke. She passed out brochures and gave extra for the window. She noted the different events that are coming up (listed in brochure). She spoke re: Bountiful Harvest on Sept. 17th & requested the one day exemption so that they may be able to serve alcohol. She noted Janet and Brian were there. Councilwoman Sutherland noted that she went with her 10 year old son & didn’t see any issues with the alcohol. Councilman Cambareri is against this for insurance issues & possibility of what can go wrong. Councilman Carey went last year & did not see any issues with alcohol & understands the town law part of it.
Councilman Howell agrees with Dominick. To sell or have display of it is ok but not the open containers. To minimize risk – you minimize exposure. Lucy Joyce added that there are 15 farms in Orange County that that are producing some type of alcohol. She understands the boards concerns. Supervisor Volpe stated that the board could write down their concerns and have them ready for next meeting.
ORANGE COUNTY HIGHWAY SUPT’S ASSOCIATION PROCEEDS:
Supt. Hassenmayer stated that the Orange County H’way Supt. Assoc. is having a golf outing on July 12th and all proceeds will go to the 4H park. He’s predicting it should be between $5-7,000.
RESOLUTION TO APPROVE THE MUNICIPAL UNDERTAKING RESOLUTION:
MOTION was offered by Councilman Cambareri, seconded by Councilman Howell, to adopt the following resolution approving the form of official undertaking of municipal officers of the Town, pursuant to Section 11 of Public Officers Law, and the manner of execution and the sufficiency of the Town’s insurance company surety:
RESOLVED, that the Town Board of the Town of Mount Hope, Orange County, New York, herein and hereby approves the below form of official undertaking of municipal officers of the Town as well as the manner of execution and sufficiency of the Town’s insurance company as surety under same:
TOWN OF MOUNT HOPE, ORANGE COUNTY, NEW YORK
OFFICIAL UNDERTAKING OF MUNICIPAL OFFICERS
WHEREAS, Chad Volpe, of the Town of Mount Hope, County of Orange, New York, has been elected to the office of Town Supervisor of the Town of Mount Hope; and
WHEREAS, Kathleen Myers, of the Town of Mount Hope, County of Orange, New York, has been elected to the office of Town Clerk of the Town of Mount Hope; and
WHEREAS, Linda Zgrodek, of the Town of Mount Hope, County of Orange, New York, has been elected to the office of Tax Collector of the Town of Mount Hope; and
WHEREAS, Joe Hosking and John Goldsmith, of the Town of Mount Hope, County of Orange, New York, have been elected to the offices of Town Justice of the Town of Mount Hope; and
WHEREAS, Dean Hassenmayer, of the Town of Mount Hope, County of Orange, New York, has been elected to the office of Superintendent of Highways of the Town of Mount Hope; and
NOW THEREFORE, we as respective officers above, do hereby undertake with the Town of Mount Hope that we will faithfully perform and discharge the duties of our office, and will promptly account for and pay over all moneys or property received as a Town Officer, in accordance with the law; and
This undertaking of the Town Supervisor is further conditioned upon that he will well and truly keep, pay over and account for all moneys and property, including any special district funds, belonging to the Town and coming into his hands as such Supervisor; and
This undertaking of the Town Tax Collector is further conditioned that she will well and truly keep, pay over and account for all moneys and property coming into her hands as such Tax Collector; and
The Town does and shall maintain insurance coverage, presently with Travelers Insurance Company in the sum of $150,000 per occurrence plus an additional $1,600,000 in coverage for the Tax Collector, to indemnify against losses through the failure of the officers, clerks and employees covered thereunder faithfully to perform their duties or to account properly for all monies or property received by virtue of their positions or employment, and through fraudulent or dishonest acts committed by the officers, clerks and employees covered thereunder.
All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
PROPOSED NOISE LAW:
Atty. Bavoso explained that the current noise ordinance is outdated and relies on decibel meters & not very enforceable. This is more up to date & much more enforceable. Councilman Carey asked if there would be warnings. Bavoso: that would be up to the police department as far as that goes. Councilman Carey asked about snow blowing; if someone needs to do this before they go to work at 6:30am – would they be in violation? Bavoso: yes. Carey: asked if someone goes away for a week and their house alarm goes off 15 minutes every day – are they subject to every day? Bavoso: not necessarily because at that point it wouldn’t be something under their control. Changes can be made as to the hours for snow blowing if needed. Councilwoman Sutherland asked about the hours for mowing your lawn. Bavoso: can’t mow between 10pm -7am weekdays and 10-8 on weekends. The current ordinance is more dependent on the volume of the noise & decibel readings. Chief Rickard added a lot of this has to do with neighbor disputes. Bavoso: under the existing ordinance, the police would have to go and use a decibel meter & witness/read the actual noise in order to enforce the law.
RESOLUTION TO SCHEDULE PUBLIC HEARING FOR THE PROPOSED NOISE LAW:
MOTION offered by Councilman Sutherland 2nd by Councilman Carey to schedule a public hearing for the proposed Noise Law on May 2nd at 7:31pm. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
COMMUNITY DEVELOPMENT BLOCK GRANT:
Supervisor Volpe explained the grant from the county. They have tight time restraints on it. We applied last year and we were in 4th and they awarded 3. This is for $150,000.00 for our youth center. The ad had to be in paper in English & Spanish for the public hearing and application is due back by April 15th.
RESOLUTION TO SCHEDULE PUBLIC HEARING FOR ORANGE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT:
MOTION offered by Councilman Howell 2nd by Councilman Carey to schedule public hearing for the Orange County Community Development Block grant on April 12, 2016 at 4:00pm. This will be the only item discussed at this meeting. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
Atty. Bavoso stated there was only one RFP received from Barton & Loguidice. No others were received per town clerk. Supervisor asked Kathleen to email proposal to other board members. We can review and vote at next meeting.
RESOLUTION TO AMEND RESOLUTION FROM 3-21-16 MINUTES REGARDING SCHEDULING PUBLIC HEARING ON PROPOSED SOLAR LAWS:
MOTION offered by Councilwoman Sutherland 2nd by Councilman Carey to amend resolution from 3-21-16 meeting: to change public hearing date for proposed solar laws from April 18th TO April 25th due to Federal Primary. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
ORANGE & ROCKLAND ENERGY AUDIT:
Supervisor Volpe spoke re: 8 items left off the Orange & Rockland energy audit list. He would like to have these items replaced (ie: ladies room here, senior office at senior center, outdoor light here, miscount in breakroom/locker room at highway, sewer treatment plant). Chief Rickard asked for a 2nd light to be added to the evidence room as well.
RESOLUTION TO AUTHORIZE SUPERVISOR TO SIGN ENERGY AUDIT AGREEMENT WITH O&R:
MOTION offered by Councilman Carey 2nd by Councilman Howell to authorize Town Supervisor to to sign contract with O&R (town cost $818.12) for the remaining items. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
HIDDEN VALLEY STP OUTFALL IMPROVEMENTS:
Atty. Bavoso explained this has to do with the Hidden Valley upgrades. KC Eng is working on a grant in order to get some/if not all of the cost as a next step this board needs to declare lead agency of the project since you are the governing board on this project. Then a negative declaration to be done based upon a short form EAF.
RESOLUTION TO DECLARE LEAD AGENCY:
MOTION offered by Councilman Cambareri 2nd by Councilman Howell that the Town of Mount Hope town board designates itself “lead agent” for the purpose of SEQR and declares it to be an unlisted action. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
RESOLUTION FOR NEGATIVE DECLARATION:
MOTION offered by Councilman Howell 2nd by Councilman Cambareri that the Town of Mount Hope town board is making a negative declaration as defined by Part 617 of the NY Environmental Law and the SEQR review process and declares that the proposed project will not have a significant effect on the environment. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
RESOLUTION TO AUDIT THE CLAIMS:
MOTION offered by Councilwoman Sutherland 2nd by Councilman Carey to approve the following bills:
GENERAL B:#30-36$ 8,895.14
CAP RES GEN A POL: #1 $ 10,000.00
All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
RESOLUTION TO APPROVE THE BADGES, PATCHES & IDENTIFICATION POLICY:
MOTION offered by Councilman Cambareri 2nd by Councilwoman Sutherland to approve the Badges, Patches & Identification Policy as presented (copy will be on file in Town Clerk’s office).
All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
- Coppola: Suggested to contact Senator Bonacic & Assemblywoman Gunther re: community service gang for help with the fair. When Otisville closed they allowed Mid-Orange to have 3 gangs still going out. Mid-Orange closed about 3 yrs ago. You can request it – you have nothing to lose. We helped with the town stuff ie: highway clean-up twice a year, painted village hall, work for the churches. If you and the Mayor contacted Otisville maybe they can do something. It would help with the cost a lot. Chief Rickard: the federal campers help with set up of the fair. You just have to pick them up, buy them lunch and bring them back. D. Loeven added that when the state had the work crews there was an officer in charge who went out and did requested projects. Federal prison system does not have this type of program. What they have is with the minimum security (campers) and they are furloughed for the day. The requesting agency is responsible for picking them up, feeding them lunch, getting them where they need to be. Technically there is no supervision because they are on furlough for the day but they expect that someone will be there with them. Councilman Cambareri: the lions utilizes that already? Loeven: yes. I will address this at the community advisory board. It is well worth sending a letter.
- Cook: spoke re: water draw downs and what the village of Otisville has. He is concerned with the building in Deerpark and the aquifer. He asked how many houses are in the village. Ms. Loeven stated about 450 water meters. Cook: They want to build in Deerpark about 600 apartments plus a 400 room hotel. According to the village in 1994 they were doing 200 gal/minute draw down; they raised it to 225 gal/minutes and that was too much. His concern is with all the water being used and the impact to the aquifer for the town, village and fire departments. Will the town become a party of interest in what’s going on over there? Supervisor held up a packet and explained to Mr. Cook that it (packet) puts us on there as an interested party.
- Furman: attended a planning board meeting in Deerpark with Frank Ketcham. He has grave concerns with Mr. Plotsky being the attorney for them and then we’re gonna have the same issues here. Mr. Fusco is involved. He has concerns with our attorneys being involved. He asked about the master plan and the thought of doing a moratorium on building until we get the master plan done. Supervisor Volpe added that he wouldn’t mind a moratorium on cluster housing but on single family I don’t think so. Mr. Furman agreed. Mr. Furman asked if there is a no knock policy in the town. That means they can’t knock on your door and say I’m gonna give you this brown bag and you just hand me the title. It’s happening in this town by various groups. It’s happening in a lot of places. Atty. Bavoso stated he would have to research this and see if it’s constitutional. I understand no solicitation law but how are you going to tell a property owner that they can’t sell their property if someone comes and offers them money for it. Furman: you’re not going to tell them they can’t sell their property but it would stop certain groups from infiltrating and blindly going up and knocking on peoples doors and saying I’m gonna do this. One group leaves a bottle of wine and a card. Supervisor Volpe asked Councilwoman Sutherland to bring this up at the planning board meeting about a moratorium on cluster housing.
- Loeven: Seniors have a trip coming up on the 21st. She discussed the map of how the senior center could be set up which she dropped off to Angie. She asked that once it’s a better format if it could be included as part of the check list. Supervisor: absolutely. Exercisers are very excited about using the new TV at the center. Dean is going to go show them how to use it. She thanked Dean.
- Pierson asked for copies of the solar laws. Atty. Bavoso: gave him one of each. Mr. Pierson asked about the sub-division off Vermont Lane. Supt. Hassenmayer explained it’s Mydosh’s property on 211. They want to sub-divide but their engineer/attorney is advising (inaudible) because it shows a road on it.
- Maurizzio: commented on the last set of minutes and a comment by Mr. Depolito and that he said he was present at the tire shop fire and it did not reflect in those minutes. She asked Councilman Cambareri if he had a number in mind of what he would think the town should spend to assist with the fair. Cambareri: as far as police goes that needs to be done. That’s $3,000 – I would like to see it less but they have to have police protection. As far as highway goes, it’s 430 man hours of productivity we lose that bothers me the most. That’s 430 hours they should be out on our roads. The fair benefits some people in the town but not all tax payers but if they’re out working on the roads then it benefits every tax payer. He further explained that 2014 the highway worked 430 hours at a cost of $8,035 which didn’t include supervisor’s fees (vehicles/gas/insurance) Above the salary, you have the benefit package which is a considerable amount. In 2015, it was 469 man hours at cost of $8,738. In 2015, the police was $3,709. And that was 151 man hours and that doesn’t include the salaries of the supervisors. Maurizzio: are you looking at any less hours on the highway? Cambareri: I would like to see less hours on the highway and negotiate with the fair in the future. I can see us doing our part to help but the fair is a money making entity but it’s costing the taxpayers $12,500. Maurizzio: I don’t know that it’s a money making entity. Councilman Howell: so you’re saying they hold the fair for a loss? Maurizzio: it’s hard to get figures out of Sue & Jim for the fair. Supervisor Volpe: there is a lot of ways to look at this, the not for profits groups that are down there, American Legion, Boy Scouts & technically the town could write a check to each of them for $1,500 and still save money. They wouldn’t have to go park cars. Maurizzio: that’s not the object either. I’m not defending anybody because we are there too with the church. Supervisor: I’m involved there and I have groups that make money but it’s not about that. Maurizzio: it’s a community affair. I wouldn’t be the same if you handed us $1,500. No one wants to run at a loss. Supervisor: I’ve been doing community service for 20 years and part of being involved in community service being in an organization that does things from start to finish. Orrin is here and 8 years ago we started fright nights and the 1st year we had 80 kids. Everything was totally hands on. My point is we did what we could ourselves. I’m not against it (the fair) – my kids are down there the entire time. Maurizzio: if you’re talking to Jim & Sue, they are a committee under the Lions Club umbrella – so they couldn’t speak for the entire Lions Club. Jim is the president. Councilwoman Sutherland asked Dean if he finds that things have suffered because the guys spend the time at the fair; do things not get done because they are working for the fair? Supt. Hassenmayer: we never plan any construction during that time because we know we’re gonna be doing this. Sutherland: so you plan for this? Hassenmayer: yes. Maurizzio: I don’t think the Lions Club could handle all of the preparation by themselves. 49
Mrs. Maurizzio also spoke re: 4H and the alcohol. If I had a party at the senior center, would I be allowed to bring in alcoholic beverages? Supervisor: no. She doesn’t think alcohol is necessary or should be allowed at the 4H function. She added that Mrs. Sutherland stated that her date was her 10 year old son. I think she put her foot in her mouth saying that she was drinking with her son. Sutherland: I had a glass of wine. Brian? Did you or your wife or mom consume any? Councilman Carey: for the record, I didn’t have my son with me. Sutherland: he was there that night. Carey: no he wasn’t. Maurizzio: point taken. Sutherland: Mrs. Sutherland consumed a glass of alcohol with her 10 year old son as a date. Mr. Neuhaus was there with his family. There were tons of children. It was a beautiful event. If you weren’t there, I’m not sure how you can pass judgement of me having a glass of wine at a 3 ½ hour event. Maurizzio: point being, I don’t think alcohol belongs at a function such as that. If the farmers are depending on their alcohol production to promote their product, they can do so without having an open container. They can have fliers, containers for sale. If nothing is allowed on town property as an open container then it should be made as an exception in there either. They are not entitled to supersede everybody else in this town.
RESOLUTION TO ENTER INTO EXECUTIVE SESSION:
MOTION offered by Councilman Cambareri 2nd by Councilman Carey to enter into executive session at 8:50pm for a police personnel issue. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
RESOLUTION TO RECONVENE REGULAR MEETING FROM EXECUTIVE SESSION:
MOTION offered by Councilman Howell 2nd by Councilman Carey to reconvene the regular meeting at 9:06pm. NO ACTION WAS TAKEN AT THIS EXECUTIVE SESSION. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
Councilwoman Sutherland: re: Devan’s Gate and the inefficient exhaust fans being replaced down there. She added that normally she would have been disgusted by Mrs. Maurizzio’s comments and her attack on me and I realize she can’t help herself. Councilwoman Sutherland added that when she spoke with Lucy in regards to the 4H, she said that the 4H was told they were no longer going to be needed in regard to the latch key summer rec program because the school was going to be used. I was wondering where we are at with that. I haven’t heard about the latch key program and I have had parents come to me about it. I was speaking with somebody on the school board – he approached me and I don’t know anything about it. Supervisor Volpe: I purposely didn’t bring it up because the school board meeting is next Thursday and it requires the board approval there. At this point, I will not comment on this until the school board has their meeting next Thursday. Sutherland: we are not gonna have a discussion. I’m curious. Councilman Cambareri added that we haven’t put it out there at all yet. Supervisor: had a conversation with Mr. Monahan and then he said 2 days later he was in the school and Lisa had come up to him and you had. Sutherland: actually he came to me in my class room. Supervisor: I had assured him I would not discuss this until he had the board’s blessing. Sutherland: so we are not going to discuss the cost or anything? Supervisor: no. Sutherland: nobody wants to discuss anything with me? I know nothing about this. Cambareri: there’s no cost attached to it. We don’t know until they approve it. There’s nothing we can tell you quite yet. Sutherland: so to be clear everybody knew but me? Volpe: no actually Matt knows nothing and Brian and Dominick are on the committee.
Councilman Howell: Highway planning and the fair – Dean mentioned they don’t schedule work when they have to do the fair. I think we can get more summer construction work done in the summer season.
RESOLUTION FOR ADJOURNMENT:
MOTION offered by Councilwoman Sutherland 2nd by Councilman Cambareri to adjourn the meeting at 9:11pm. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
The next meeting is scheduled for April 25, 2016 at 7:30pm.
Respectfully submitted, Kathleen A. Myers RMC, Town Clerk50