The regular meeting of the Town Board of the Town of Mount Hope was held at Town Hall on August 1, 2016 @ 7:30pm with the following present: Supervisor Chad Volpe, Councilman Matt Howell, Councilman Brian Carey, Councilman Dominick Cambareri and Town Clerk Kathleen Myers. NOT PRESENT: Councilwoman Janet Sutherland.
OFFICIALS PRESENT: Highway Supt. Hassenmayer, Police Chief Rickard, Atty. D. Bavoso.
The meeting was called to order at 7:30pm by Supervisor Volpe following the Pledge of Allegiance. He asked for cell phones to be silenced and/or turned off.
RESOLUTION TO ACCEPT PRIOR MEETING MINUTES:
MOTION offered by Councilman Cambareri 2nd by Councilman Howell to approve the minutes from July 18, 2016 meeting as submitted. All in favor: Howell, Carey, Volpe, Cambareri; carried.
Community Advisory Board minutes from 7-19-2016
Estimates from Canine Licensing Registry
Letter from NYS DEC re: flood plain management
Letter from HOSPICE re: putting a flyer on website
Letter from 4H/Cornell re: Bountiful Harvest
Supervisor budget modification
Letter from County of Dutchess Executive re: Think Differently resolution
Building Inspector report 07/2016
Palmer’s Ark impound report July 2016
NYS DEC Notice of Violation re: MS-4 Annual Report
Copy of corres. sent to County Planning Dept. from KC Engineering re: Cluster housing moratorium
BOARD MEMBER REPORTS:
Councilman Cambareri reported the committee is gathering data for the Master Plan. Maps have been made. Sewer plant is fine. Summer rec is down to last 9 days and no issues.
Councilman Carey: Little league is over. Football fundraiser Aug. 4 from 6-9 at Rita’s Ice. He will defer to Chief Rickard for report on Devan’s Gate prescription collection.
Councilman Howell reported there are no ZBA meetings scheduled at this time. There are some guests from Cornell here tonight with some progress on the sale.
Supervisor Volpe reported that Matt & Dominick will be meeting with David to finalize the bid package for the fire protection for 2017. He would like to move on it next meeting – to go out to bid. He thanked Dean and the guys for the outside work done at the senior center. He spoke about a grant from the county tourism dept. for 2017 for funds available for the community.
HIGHWAY DEPARTMENT by Supt. Hassenmayer:
Supt. Hassenmayer reported he wants to surplus & destroy a HP printer #8500A. It’s 8 yrs. old. No longer works. He asked for permission to attend highway expo in Lake Placid NY Sept. 13-16. Total cost $962.00. He received notice from the county that Guymard Tpk will be closed between Finchville Tpk. & Mill Pond Rd. Exact dates not listed yet but sometime in September for culvert replacement. The pump in PD basement failed to come on. They’ll have to operate on the 2nd pump tomorrow. They adjusted the senior center doors by the court side. They brought more chairs up from the basement. He requested the board to consider a resolution to change a local law for the position of Highway Supt. from a 2 year to a 4 year term. It has to start with a resolution from the board and then a public hearing and then to the board of election by Sept. 28 and then BOE would put it on the ballot. Councilman Howell asked if it would go on the ballot as a proposition. Dean: yes. It’s crazy to be a 2 yr position when it takes 2 yrs to get licenses and approvals to operate the tank system and everything else. Supervisor Volpe asked David to look into this.
Captain Mike Osborne read report into record.
POLICE DEPARTMENT by Chief Rickard:
Chief Rickard thanked Dean and the guys for dry-locking the basement. Law Enforcement day went well. Thank everyone for that.
VILLAGE OF OTISVILLE:
Trustee Loeven reminded everyone of yard sale on Saturday 8-6-16. She asked if the flyer/map could be put on website. Supervisor asked her to email info to himself or Kathleen.
Supervisor Volpe would like to do a town wide newsletter in early September. He would like to put in the dates for the spring/fall trash pickup dates. He would like the different departments to put in a blurb. He would like to do this once per year and push everyone to the website.
Chief Rickard reported that the pick up for the prescription drugs at Devan’s Gate went well. Next pick up will be on Aug. 16, 2016 at 4:30pm.
CLUSTER HOUSING MORATORIUM:
Atty. Bavoso is still waiting to hear back from county planning department. We can’t take action at this time.
RESOLUTION TO ENTER INTO EXECUTIVE SESSION:
MOTION offered by Councilman Howell 2nd by Councilman Carey to enter into executive session for possible contractual agreement with Cornell Cooperative at 7:46pm. All in favor: Howell, Carey, Volpe, Cambareri; carried.
RESOLUTION TO RECONVENE REGULAR MEETING FROM EXECUTIVE SESSION:
MOTION offered by Councilman Cambareri 2nd by Councilman Howell to reconvene regular meeting at 7:55pm. THERE WAS NO ACTION TAKEN AT THIS SESSION. All in favor: Howell, Carey, Volpe, Cambareri; carried.
RESOLUTION TO APPROVE THE CONTRACT OF SALE BETWEEN THE TOWN OF MOUNT HOPE AND CORNELL COOPERATIVE EXTENSION:
MOTION offered by Councilman Howell 2nd by Councilman Carey
WHEREAS, the Cooperative Extension Association in the State of New York, Orange County, operating as Cornell Cooperative Extension of Orange County currently leases approximately 56 acres of land located on Finchville Turnpike from the Town of Mount Hope, Orange County, New York; and
WHEREAS, the Cornell Cooperative Extension of Orange County is currently developing a facility on that property; and
WHEREAS, the existing lease is for 99 years; and
WHEREAS, the Cornell Cooperative Extension of Orange County would like to purchase the leased property from the Town of Mount Hope; and
WHEREAS, the Town Board of the Town of Mount Hope would like to sell the above referenced property to the Cornell Cooperative Extension of Orange County
THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mount Hope, Orange County, New York, authorizes the Supervisor, Chad Volpe to execute a contract for sale with the Cornell Cooperative Extension of Orange County for the purpose of conveying 56 acres of Town owned property, located on Finchville Turnpike, Town of Mount Hope, Orange County New York.
BE IT FURTHER RESOLVED, that the Town Board of the Town of Mount Hope has agreed to sell the property for $350,000.00 and the Cornell Cooperative Extension of Orange County has agreed to pay a reasonable cost for a survey.
BE IT FURTHER RESOLVED, that pursuant to §64 of the Town Law of the State of New York, this Resolution is subject to permissive referendum and shall not take effect until August 31, 2016.
All in favor: Howell, Carey, Volpe, Cambareri; carried.
RESOLUTION TO APPROVE SUPERVISOR’S BUDGET MODIFICATION:
MOTION offered by Councilman Howell 2nd by Councilman Carey to approve the budget modification as follows: Increase revenue line A1601 by $148 and increase expense line A4010 by $148. (CPR classes the town is offering to the public.) All in favor: Howell, Carey, Volpe, Cambareri; carried.
THINK “DIFFERENTLY” RESOLUTION FOR REVIEW:
Supervisor Volpe gave a copy to the attorney to review before a possible vote.
2017 TOWN BUDGET:
Supervisor Volpe stated that Kathleen handed out the budget sheets to all department heads. He’s looking at early September for budget meetings.
WIFI AT SENIOR CENTER:
Supervisor Volpe was contacted by the VFW to get the WIFI password for the senior center. Supervisor explained that because of the courts/police we can’t have it. There are VFW members that podcast the meetings. He has Angie looking into prices through Frontier & Time Warner. Councilman Carey asked how we would keep the neighbors from getting on our WIFI? Supervisor spoke about changing the password all the time. He’s not sure of the broadband. Chief Rickard spoke about an access point. It would be similar to what they do with their DVR.
RESOLUTION TO SURPLUS & DESTROY HP PRINTER #8500a:
MOTION offered by Councilman Howell 2nd by Councilman Cambareri to surplus & destroy HP 8500A printer from highway department office. All in favor: Howell, Carey, Volpe, Cambareri; carried.
RESOLUTION TO APPROVE HIGHWAY SUPT. TO ATTEND SCHOOL CONFERENCE:
MOTION offered by Councilman Cambareri 2nd by Councilman Howell to approve Supt. Hassenmayer to attend highway conference in Lake Placid NY, Sept. 13-16, cost not to exceed $972.00. All in favor: Howell, Carey, Volpe, Cambareri; carried.
RESOLUTION CALLING ON TOWN OF MOUNT HOPE, RESIDENTS & BUSINESS OWNERS TO ADOPT THE “Think Differently” INITIATIVE TO ASSIST INDIVIDUALS WITH SPECIAL NEEDS AND THEIR FAMILIES:
MOTION offered by Councilman Cambareri 2nd by Councilman Howell as follows:
WHEREAS, the “Think Differently” initiative is about promoting awareness and acceptance of all people, and advocating for the inclusion of all individuals living on the Autism Spectrum and with special needs; and
WHEREAS, our state and communities are stronger because of our diversity and differences; and
WHEREAS, according to the Center for Disease Control (CDC) over 55 million people, or approximately 19% of Americans, have a type of disability or special need; and
WHEREAS, for some people with special needs, the very things that make them unique can also keep them on the sidelines, separate from those who might not understand their differences or uniqueness; and
WHEREAS, it is important to promote and provide guidance to those with special needs on how to access publically supported services available to them in the community; and
WHEREAS, it is important to encourage and educate the community and businesses on ways they can make facilities and services more accessible and on how to train staff to welcome and support special needs customers and co-workers; and
WHEREAS, the goal of this initiative is to provide a supportive and inclusive environment for individuals of all abilities by supporting community events that expand family friendly opportunities for people with special needs and their families; and
WHEREAS, adopting the “Think Differently” initiative is an important statement that our Town officials, business owners and residents can make to show their support for the differently-abled children and adults with special needs, and their families.
NOW, THEREFORE, BE IT RESOLVED, that the Town of Mount Hope, residents and business owners to adopt the “Think Differently” initiative so that all are better prepared to communicate with, provide for, and support those living on the Autism Spectrum and with special needs.
All in favor: Howell, Carey, Volpe, Cambareri; carried.
RESOLUTION TO AUDIT THE CLAIMS:
MOTION offered by Councilman Howell 2nd by Councilman Cambareri to approve the following bills:
GENERAL A:#445-466 $ 48,187.99
GENERAL B:#100-108 $ 18,942.69
SEWER:#60-62 $ 2,173.50.
All in favor: Howell, Carey, Volpe, Cambareri; carried.
Ken Pinkela: Time Warner? Atty. stated he’s working on it. There hasn’t been a franchise agreement signed since 1982. He responded to Time Warner with a couple suggestions for the agreement. He’s hoping to hear something this week. Their density requirements are generally 35/square mile but with the merger they are being more aggressive for rural areas. After the board approves it then the PSC would have to approve it.
PUBLIC PARTICIPATION continued:
Supervisor stated we do receive a franchise check. Atty. added that one of the changes they wanted to make was a flat 5%. Atty. asked them to change the language to the “highest percentage permitted by law”.
Ken Pinkela added that he called Kathleen, the county then the state and twice this week as he’s been solicited by Jehovah’s Witness and some radical southern evangelicals. It is constant. He asked about obtaining a permit to solicit. He shouldn’t have to put fences out around his property. The attorney will look into this. He spoke to Missy Bonacic & John & the state about 2 yrs ago about asking for Mountain Road from the town line into the village to be reduced to 45 MPH. Atty. Bavoso: it’s hard to do. Pinkela: it is a simple process to start with the town municipality. The tractor trailers are doing 60/70 miles/hour. The density has gone up. Chief Rickard added that he’s looked into this. He found out that we’d have to do& pay for a traffic study. The county will not undertake the traffic study. Then it would go from there. Pinkela: the county never told me that. Supervisor Volpe: we have free cable in our town buildings with the franchise agreement. We’ve been waiting for 4 months for these boxes so we can get the weather channel. They haven’t cooperated with us either.
Diane Loeven: if you decide to pursue the speed limit on Mountain Road – you should remind the county that 10 years ago they gave the village permission to reconfigure the intersection at the top of Seybolt Ave. That was because of the cars speeding down Mountain Rd onto Field Road. With the reconfiguration they are not able to do that. With the cable franchise, her sister Donna Baker (is going to email the board) – lives on Kohler Road and the density requirement won’t be met there. She also has 7 farmer’s market coupons for low income seniors. If you know anyone, get them in touch with her.
Mary Maurizzio: She ran into someone who complimented the concert series but was asking if there would be a film showing. Supervisor said he would look into it. She further spoke about the list of questions she asked at last meeting. Tonight you went into executive session for contractual agreement. Supervisor: we have an offer on the property and the board allowed me to sign the contract, it’s FOIL-able. Atty. Bavoso: the contract was executed by the supervisor this evening. That starts the 30 day clock for the permissive referendum. He offered a copy of contract to her. He gave answers to questions that he could answer to Chad earlier in the week. Maurizzio: is concerned that this is going ahead without any publication of the offer being made. Atty. Bavoso: we have to post a notification regarding permissive referendum which will go in the paper. Maurizzio: there seems to be a major deal going down without a lot of notification. Bavoso: my understanding that it was purchased with money out of the parkland account but never actually dedicated as parkland. Any monies received in this transaction would go to reimburse that account. The board has to take action to dedicate it as parkland. Maurizzio: so there’s no need for the public to know about the transaction other than it’s being done? Bavoso: it’s been talked about for the last couple meetings. She repeated some questions from the last meeting. She asked if there would be a public hearing on this. Bavoso: it’s not required. Permissive referendum for 30 days starts today. Maurizzio: a public hearing is not required but could it be done anyway? Bavoso: if that’s what the board chooses to do. She requested to have one. Bavoso: permissive referendum time ends in 30 days. Maurizzio: understands the town will make a fair profit. Supervisor: if you break down the acreage, it comes out to $331,000 the town would have paid for the 56 acres. Our offer is $350,000. The town is not losing any money. The closing costs are being paid by Cornell.
Chris Furman: was speaking for Frank Ketcham because he couldn’t be there: the road next to him that goes up to the property Dragon Springs has been paved. The water is washing it out. Bavoso: have you contacted the building inspector’s office? Furman: Frank went to the county. They went in and did what they want. J. Musial: said she was in touch with the county and they are aware of the driveway that was paved. That was an existing driveway. They are in the process of speaking to the owner. She spoke to the owner and made him aware that he needs to contact the DEC. She gave him the name in order to put up the fencing properly. She spoke to the local DEC representative and he’s aware of it. Mike Carroll at the county is also aware of it. Everyone who should be aware of this situation has been made aware of it. As far as the building department’s part in it right now, we don’t have anything in front of us right now that can allow us to enter on to the property. Now it’s in the hands of the county. Furman: the county has some kind of permit in front of them. He asked for an update on Deerpark Commons. Bavoso: they were in front of the ZBA; they wanted variances for fences. He doesn’t know the result of that but will get it for next meeting. Furman asked if Village of Bloomingburg has contacted the town. Supervisor: no. Furman: asked what the update is for the UTA. Bavoso: will speak with Glen tomorrow and let the supervisor know.
Councilman Howell: no comments.
Councilman Carey: noted that he received a call about the drains at the old school. He followed up on it. His answer was 4-6 weeks ago. He said he would check it this week to see how bad the rain was. He asked Mr. Furman what he knows about the NO-KNOCK law. Furman: it’s called the NO-KNOCK law. It’s been passed in several municipalities. Basically people coming around and asking you what you will take for your home. If you don’t answer, they will get to you eventually. They are selling out because you’d be stupid not to. He’d hate to see our town just roll over and let something like this come in. If you think it’s just happening in Kiryas Joel, you’re wrong.
Councilman Cambareri: no comments.
RESOLUTION TO ADJOURN MEETING:
MOTION offered by Councilman Howell 2nd by Councilman Cambareri to adjourn the meeting at 8:38pm. All in favor: Howell, Carey, Volpe, Cambareri; carried.
The next meeting is scheduled for August 15, 2016 at 7:00pm at the Mount Hope Senior Center on Baker Street, Otisville.
Kathleen A. Myers, RMC