The regular meeting of the Town Board of the Town of Mount Hope was held at Town Hall on May 2, 2016 at 7:30pm with the following present:  Supervisor Chad Volpe, Councilman Matt Howell, Councilman Brian Carey, Councilwoman Janet Sutherland, Councilman Dominick Cambareri and Town Clerk Kathleen Myers.

OFFICIALS PRESENT:  Chief Rickard, H’way Supt. Hassenmayer, Attorney D. Bavoso, Atty. F. Simeone & Deputy Town Clerk P. Bird.

Following the Pledge of Allegiance Supervisor Volpe called the public hearing for the Mount Hope fire contract to order at 7:30PM. He asked for cell phones to be silenced.

MOUNT HOPE FIRE CONTRACT PUBLIC HEARING:

Legal notice was available at the desk. Supervisor Volpe explained that they are looking to extend the fire protection contract with Mount Hope fire company for the remainder of 2016. We will go to bid on a yearly basis and it will be put on the town calendar year. It previously was done on the village fiscal year. In a month or 2 from now, we’d like to go to bid for 2017. He asked for any questions. Councilman Howell asked about use of the highway department & materials and the fees being reimbursed. If they are not reimbursed, the town as a whole furnishes the tax levy for the highway department, and the fire protection district is a portion of the town, would that then put a burden on….if they don’t have a fire protection district as a second taxes paying for a service they’re not getting through that special district, the funds are not repaid. Atty. Bavoso: potentially, depending on the nature of the non-payment. The items not paid would go into negotiation for any future contract.

RESOLUTION TO CLOSE PUBLIC HEARING:

MOTION offered by Councilman Carey 2nd by Councilman Howell to close public hearing at 7:32pm. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.

PROPOSED NOISE LAW #7-2016 PUBLIC HEARING:

Supervisor Volpe opened the public hearing at 7:33pm. Public hearing ad and copies of the law were available at front desk. Supervisor asked if the snow blower reference was taken out. Atty. Bavoso: yes.

Pedro Ramos spoke: he has not used his yard or deck in the last 9 years due to the noise from ATV’s from the neighbors day & night. Police couldn’t do anything because there was no standard operating procedure that they could do anything. The neighbors are gone now. He noted that other municipalities have noise ordinances ie: Minisink, Port Jervis. He didn’t have company for 8 years due to this. He hopes there is something in this law referring to ATV’s.

Rich Rebman spoke re: plowing with his ATV and how it will affect him. He leaves for work early and may get home late. Supervisor Volpe: good point and it’s why we have this. He had an issue with the same re: ATV/snow blower. There should be a reference to snow removal equipment. He worked where he had to leave for work early in the morning and if he didn’t snow blow before he left in the morning, it wasn’t getting done until very late at night. Mr. Rebman agreed. He asked about when people use a portable generator due to loss of power for a couple days. Supervisor Volpe: that’s not on here. Atty. Bavoso: the law is geared towards wrecklessly & unreasonable. Rebman: it doesn’t say that in here, therefore I could…Bavoso: idea behind that instead of setting a decibel level is to say that it’s not necessarily an unreasonable creation of noise if during a blizzard an entire block is out snow blowing their driveway vs. if you’re doing that in July. That’s what the aim is – it’s an unreasonableness standard as far as the noise being made. Rebman: but it could be with a generator. Bavoso: that’s what the wording of this is; the reasonableness standard of the noise. Supervisor Volpe: asked if emergency power equipment could be exempt from this law. Bavoso: sure. Cambareri: it’s not unreasonable use if you’re using it during a power outage.

Frank Ketcham: spoke re: potential lawsuit over noise earlier this year caused by the fireworks. He feels that it’s the loudest fireworks that causes damage to our animals in the farm. There should be a limit on the large fireworks that impacts the animals on the farm. There’s nothing in this law that addresses that. Supervisor Volpe: that was in the fireworks law. Ketcham: you limited the # not the size in that law.

Supervisor Volpe wants to see the emergency power equipment excluded from the law & snow removal equipment also. Board agreed.

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RESOLUTION TO CLOSE PUBLIC HEARING:

MOTION offered by Councilman Cambareri 2nd by Councilman Howell to close public hearing at 7:45pm. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.

CORRESPONDENCE:

1. Mount Hope fire department report

1. Building dept. report 4/2016

1. Impound report from Palmer’s Ark – April 2016

1. Old school rehab/demolition bid results

1. Letter from Assessor D. Ketcham re: office security

1. Community Advisory Board minutes April 19, 2016

1. Complaint re: 44 Bull Road

1. Complaint re: 57 Tally Ho Road

1. Complaint re: 1012 Route 211 West

1. ZBA public hearing notice re: Sweetman area variance 5-4-16 7pm

1. Insurance cert for the police garage building

1. Letter from NYS Dept. of Public Service re: Clean Energy Standard program.

BOARD REPORTS:

COUNCILMAN CAMBARERI: Sewer: KC is working on final approval from DEC on plans for ultra violet filter system. Summer Rec: 2 days of registration so far 2 more dates to go & 1 more after that. Old School: nothing going on.

COUNCILWOMAN SUTHERLAND: No report.

COUNCILMAN CAREY: No report.

COUNCILMAN HOWELL: Zoning board meeting is on May 4th.

HIGHWAY DEPARTMENT by Supt. Hassenmayer:

Supt. Hassenmayer reported spring clean-up is over. It was very steady Saturday. TV collection was highest it’s ever been. May have to look at doing something different in the fall. TV bill will probably more than 2X the amount than last year. We had 28 pallets of electronics. Normal is 12-15. Supervisor asked him to see what other towns do. Councilman Cambareri added that the OC landfill doesn’t charge for the 1st one then either $5 or $10 for each additional after that. That’s on the county website. Councilman Carey added that TWC went digital, so if you had an old TV in your house and you don’t have a box, it’s not going to work. Supt. Hassenmayer: the village didn’t pick up TV’s. Last week was their pick up and they pick them up – there was a note left on them. OC landfill stopped taking TV’s because they lost their vendor. C&D was on schedule to be normal. Metal we filled twice as much as usual. Scrap prices are down so people are bringing their metal here. He reported he had to hire an extra guy for Saturdays. Only one of the regular guys offered to work the Saturdays. For both Saturdays, the part timers for buildings worked and last Saturday got really busy so I got a brother of the one guy that worked. He’s an employee of the county so he has insurance from the county. He reported that 2 college students that want to return to help at the park: Ryan Reiser & Colin Scott. They worked last year. They will start May 16th.  They will start to mow at the park – we’ve had to mow the last 2 Fridays. Supervisor: are they in college. Hassenmayer: yes. Then we hire 2 high school students. These guys come in early they’ll overlap through the summer then the high school students stay longer at the end. You and I had private conversation because we have extra in buildings payroll because we didn’t hire someone until end of March, about picking up an extra summer helper to work with him to complete some of his painting jobs. Dean has applications we can review those. Supervisor: basically everything over at the senior/police building has to be painted inside and out. There’s a lot of work to be done over there. Hassenmayer: the rest of the apps I have are high school students. Councilwoman Sutherland: the high schoolers are all 16 and older? Hassenmayer: yes.

MOUNT HOPE FIRE COMPANY:

Wayne Melton read report into record. Yesterday’s fire is still being investigated by OC fire investigators as well as NYS police. An accelerant detecting dog was brought in. He thanked Chad for coming. Councilwoman Sutherland asked where the fire was. Melton: the old lab.

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VILLAGE OF OTISVILLE:

Trustee Loeven thanked Chad & Brian for coming to Arbor Day planting. Very well attended.

SUMMER RECREATION:

Trustee Loeven: We will start to select some evenings for counselor interviews. Applications are closed at this point. In the past, with regard to Noise law, after it’s adopted Kathleen would email it to me but now you’re going to put it on the website? Supervisor: yes.

POLICE DEPARTMENT by Chief Rickard:

Chief Rickard reported awards will be towards the end. I need to go executive for a quick personnel issue. The garage is finally done. O&R did the hook-up. He thanked everybody that pitched in on that; this board & the previous board. Dominick did a ton work in the design and helped a bunch. New car is in, back from the outfitter.  Needs to get striped. Hopefully in the next 2 weeks.

RESOLUTION TO ENTER INTO EXECUTIVE SESSION:

MOTION offered by Councilwoman Sutherland 2nd by Councilman Howell to enter into executive session at 7:57pm for a particular police personnel matter. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.

RESOLUTION TO RECONVENE REGULAR MEETING FROM EXECUTIVE SESSION:

MOTION offered by Councilman Cambareri 2nd by Councilman Howell to reconvene regular meeting from executive session at 8:06pm. NO ACTION WAS TAKEN IN THIS EXECUTIVE SESSION. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.

NARCAN:

Supervisor Volpe asked Wayne Melton if any other members were interested in taking the NARCAN class. Melton: yes – some shift people. We’re trying to get the list together.  Supervisor stated he will leave the list open for 1st responders until the 16th then he’ll open it up to others.

CPR:

Supervisor Volpe announced there are 6 spots left for the CPR class on May 19 at 6pm here at town hall.

RESOLUTION TO EXTEND FIRE PROTECTION CONTRACT WITH MOUNT HOPE FIRE COMPANY:

MOTION offered by Councilwoman Sutherland 2nd by Councilman Carey to extend the fire protection contract extension as stated in the fire protection contract from June 1st through December 31, 2016. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.

PROPOSED NOISE LAW #7-2016:

Supervisor Volpe asked if the board could vote with the proposed changes. Atty. Bavoso: stated to wait until changes were made and do so at the next meeting.

OLD SCHOOL BID RESULTS:

Supervisor Volpe stated there were so many that came for packets. He went to the school 2 weeks ago to open it up for the contractors to go in to look. Several contractors walked in and immediately walked back out. Ryan & Jason (KC Engineering) & the Supervisor spent a long time there. It’s disappointing that they only got 2 bids back. Both were for demolition. 1 was from Dan’s Hauling for $218,000.00 and 1 from High Ground for $272,600.00. He would like to do another bid for the rehab. as our only cost would be for the ad in the paper. Councilman Carey asked how many picked up applications? Town Clerk Myers: 16 picked up for each demo & rehab. Only 2 are for demo. Councilman Cambareri agrees to open bid process again. Councilwoman Sutherland asked to see the list of the 16 bid requests. Councilman Howell asked if we should enhance/change the scope of the bid to entice a few more people to submit something or look at it. Maybe make an amendment to the packet that was put out. Discussion to pick a date for new bid – agreed on June 3rd at 3pm for bid opening. May 20 would be May 20 from 10-12 for walk through.

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RESOLUTION TO GO TO BID FOR REHABILITATION OF OLD SCHOOL:

MOTION offered by Councilman Carey 2nd by Councilman Howell advertise to go to bid for the rehabilitation of the old school with bid opening on June 3, 2016 at 3:00pm. Walk through will be May 20 from 10-12. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.

PROPOSED TRUSS LAW:

Atty. Bavoso explained that many municipalities have specific laws for truss type structures. The purpose of the law is to protect town officers that may be there for purposes of inspections and for fire departments that are servicing that geographic area. If someone wants to construct a building with a truss type construction that have to receive a special permit from the building inspector and they have to post in a # of visible areas such as the electrical box that it is a truss type structure. The reason why the building dept. came to me with this is because NYS just revised its requirements regarding the truss law. Mount Hope does not currently have this in its building standards law. The local law was put together for you to review. Councilman Howell suggested that it covers all buildings not just commercial buildings. Not for a shed. Bavoso: it can be residential and commercial.

RESOLUTION TO HAVE PUBLIC HEARING FOR PROPOSED LOCAL LAW #8-2016 ENTITLED: AMENDING CHAPTER 108 OF THE TOWN CODE OF THE TOWN OF MOUNT HOPE TO REGULATE TRUSS-TYPE CONSTRUCTION:

MOTION offered by Councilman Howell 2nd by Councilman Carey to hold a public hearing on June 6, 2016 at 7:30pm for the proposed Truss-type Construction law. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.

RESOLUTION TO AUDIT THE CLAIMS:

MOTION offered by Councilman Howell 2nd by Councilman Carey to approve the following bills:

GENERAL A:#250-272$  16,355.16

GENERAL B:#44-45$      311.60

HIGHWAY:#62$      115.77

SEWER:#37-38$    1,061.83.

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

PUBLIC PARTICIPATION:

1. Kowalczik: spoke re: Otisville Fire Company coming to his property to do a drill. Wayne Melton sent a text to Mayor Wona stating it would have been nice to let them know that they were in the area. That’s my wife and I’s property. Anyone we invite to our place is none of his business.
2. Cook: spoke re: changing legal representation with what’s going on with Deerpark. He’d like to have it on an agenda for a meeting. Supervisor asked if there was an instance of an issue? Cook: no. Bavoso: ethically he wouldn’t be permitted to – he would remove himself from the situation.
3. Loeven: suggested to advertise in another paper for the bid for the school ie: NY Times.
4. Melton spoke re: Will the truss law differentiate between flooring and roofing and does it include wooden I-beams? Supervisor: that’s part of doing this.

BOARD COMMENTS:

Councilwoman Sutherland: asked if there are exact numbers for the summer recreation. Supervisor: 57-58. Ms. Loeven approx. 40 families. Sutherland asked on the bids we did get, it gives a list for things excluded. This is for just for hauling everything away? Cambareri: demolition, removal, transport & disposal off site of the structure. They crush as much of the concrete as they can. Sutherland: it’s listed what’s excluded, ie: Dan’s. Is this a lot compared to the job or nothing? There’s a lot more with the 2nd one that’s excluded. Supervisor hasn’t looked at them yet.

Supervisor Volpe: Next year for summer recreation he would like to be able to have online credit card registration.

RESOLUTION TO ADJOURN MEETING:

MOTION offered by Councilman Howell 2nd by Councilman Carey to adjourn the meeting at 8:28pm.  All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.

Police awards followed the adjournment. The next meeting is May 16, 2016 at 7:30pm.

Respectfully submitted, Kathleen A. Myers RMC Town Clerk

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