The workshop meeting of the Town Board of the Town of Mount Hope was held at Town Hall on September 21, 2015 at 7:30pm 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: Highway Supt. D. Hassenmayer, Chief Rickard, Atty. D. Bavoso.
Following the Pledge of Allegiance, Supervisor Novak called the public hearing to order at 7:30PM. Supervisor Volpe called for a moment of silence honoring Rev. Stuart Stiles.
RESOLUTION TO ACCEPT PRIOR MEETING MINUTES:
MOTION offered by Councilman Cambareri 2nd by Councilman Howell that the minutes of the Sept. 8, 2015 meeting as submitted by the Town Clerk are approved. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri; carried.
CORRESPONDENCE:
2015/2016 County Snow & Ice Agreement
Pilgrim Pipeline resolution
Otisville Fair Committee thank you note
Rabies clinic flier in City of Newburgh 10-24-15 12-3pm
Letter from NYS Unified Court System re: audit of justice books
Building Department report 8-2015
Supervisor’s report 8-2015
Insurance cert. for fireworks at Cornell event 9-26-15
Palmer’s Ark impound report 8-2015
Highway budget modification & Police budget modification
Devan’s Gate open house flier 10-3-2015 11am to 2pm
Police Officer Arlotta resignation effect. 9-26-2015
Annexation resolution
Resolution to schedule public hearing for animal law
Letter from Senator Bonacic re: receiving Freedom Hill Farm resolution
MH fire report 9-21-2015
Resolution re: Lands of Lazier
COMMITTEE REPORTS:
POLICE DEPARTMENT by Chief Rickard:
He reported that he spoke with Steve Dodd re: ordering parts for the furnace. He requested approving the resignation from Jonathan Arlotta. He has turned everything in. He explained the budget modification. He stated the garage is done. He did a walk thru with Mr. Vaughn. He received quotes for the doors. Low bid is from Dutchess Overhead Doors $4527. Other bid from Clegg Brothers $8050. He recommends Dutchess.
HIGHWAY DEPARTMENT by Highway Supt. Hassenmayer:
H’way Supt. Hassenmayer stated he has not had a chance to get the basement done. The parking lots are paved and striped. There are a couple repair spots to do. He would like for board to approve the 2015/2016 County Snow & Ice contract. Supervisor Volpe thanked the guys for a great job.
PLANNING BOARD by Councilman Ketcham:
He reported the public hearing on the towers. Cornell is awaiting approval to move the well & also modification to bathroom to be handicap accessible.
HIDDEN VALLEY by Councilman Ketcham:
Day to day seems to be ok.
LITTLE LEAGUE: no report.
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MOUNT HOPE FIRE COMPANY by Chief J. Doty:
Chief Doty read report into record.
VILLAGE OF OTISVILLE by Trustee Loeven:
She reported the following: the next board meeting is on 10-01-2015. She spoke re: speeding on Main Street extension going up the hill. Chief Rickard added that he has spoken with the complainant.
RESOLUTION TO APPROVE THE 2015-2016 COUNTY SNOW/ICE AGREEMENT:
MOTION by Councilman Cambareri 2nd by Councilman Howell to approve the 2015/2016 Snow & Ice Agreement for the County for certain county roads for $4,750/mile for a total of 9.18 miles. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri, carried.
RESOLUTION TO OPPOSE THE PILGRIM PIPELINE:
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF MOUNT HOPE
TO OPPOSE THE PILGRIM PIPELINE
WHEREAS, Pilgrim Pipeline Company (“Pilgrim”) is proposing to build a new bi-directional pipeline (“Pipeline”) through Orange County that would transport crude oil and refined petroleum products between Albany, New York and Linden, New Jersey; and
WHEREAS, the Pipeline will carry oil extracted from North Dakota’s Bakken shale through the process of hydraulic fracturing, or fracking, an extreme method of oil and gas extraction that depletes and despoils clean water resources, creates toxic air emissions and radioactive waste, and contributes to the climate change crisis by releasing large quantities of methane gas into the atmosphere; and
WHEREAS, in February, the Wall Street Journal compared oil from 86 locations around the world and found Bakken crude oil to be the most volatile; and
WHEREAS, bringing this fuel into our community endangers our families, property, and environment; and
WHEREAS, the Town is concerned that bringing this fuel into and through our County endangers our surface and subsurface water resources, our reservoirs and lakes, important protected species and our environment as a whole; and
WHEREAS, the Pilgrim Pipeline raises significant safety concerns within Orange County, as well as potential harm to infrastructure and a likely negative impact upon future development in the County; and
WHEREAS, the Town Board of the Town of Mount Hope is concerned about the close proximity of this project to the Town; and
WHEREAS, the Town Board of the Town of Mount Hope is concerned about the hazards the Pipeline project may create due to the nature and volume of the highly flammable oil flowing through the Pipeline, and its proposed route, which crosses through residential neighborhoods. These communities will be in the “impact radius” should an explosion or spill occur; and
WHEREAS, according to Public Employees for environmental Responsibility, the Pipeline and Hazardous Materials Administration (PHMSA) only has 135 inspectors to oversee 2.6 million miles of pipeline, and only on fifth of that pipeline system has been inspected by PHMSA or its state partners since 2006; and
WHEREAS, because the potential for a pipeline explosion could harm hundreds of people we express grave concerns about this project negatively affecting the health, safety, and welfare of local residents; and
WHEREAS, the proposed project may negatively impact the Town of Mount Hope; and
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WHEREAS, the wise stewardship of our natural resources requires protection of area water supplies and other natural resources for generations to come; and
WHEREAS, protection of the Town water supplies and resources is better accomplished by prevention of contamination and environmental degradation, rather than attempting to clean up contamination and restoring degraded environments after the fact.
NOW THERFORE BE IT RESOLVED:
The Town Board of the Town of Mount Hope opposes the proposed Pilgrim Pipeline.
The Town Board of The Town of Mount Hope supports all calls for a moratorium on any and all planning, proposal, surveying, or construction of the Pilgrim Pipeline in Orange County, New York.
The Town Board of the Town of Mount Hope requests a full environmental review be conducted by the DEC to assess the myriad of environmental consequences resulting from the proposed project.
That a copy of this resolution be sent to the following persons and entities:
Governor Andrew Cuomo
State Senator Bonacic
State Assemblyman Karl Brabenec
Orange County Executive Steve Neuhaus
Orange County Legislature
Dated: September 21, 2015
Motion by: Councilwoman Sutherland
Seconded by: Councilman Ketcham
Ayes: Sutherland, Ketcham, Volpe
Nays: Howell Abstentions: Cambareri
TOWN OF MOUNT HOPE
______________________________
Kathleen Myers, Town Clerk
ANIMAL LAW by Atty. Bavoso:
He explained as it stands now the licensing fees/redemption penalties are actually stated sums by local law. He prepared a local law to make a minor change to existing dog law which would take out any language about a set fee and state that those fees would be set by a resolution of the town board from time to time. This has been for the last decade how municipalities are leaning. A copy of the fee schedule is generally kept in the Town Clerk’s office so that when someone comes in they would be able to access it and pay the fee. He will prepare the necessary paperwork.
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RESOLUTION TO SCHEDULE PUBLIC HEARING FOR AMENDMENT TO THE ANIMAL LAW:
MOTION offered by Councilman Ketcham 2nd by Councilman Cambareri to hold a public hearing for the Animal redemption fees on October 5, 2015 at 7:25pm. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri, carried.
VILLAGE ANNEXATION DISCUSSION:
Atty. Bavoso explained he’s been working with Atty. Dallow. The situation is the state department of corrections and the Otisville Correctional Facility own a small parcel of property located in the Town of Mount Hope directly adjacent to the Village of Otisville. By motion of the state that property is being transferred to the Village of Otisville under the condition that it continues to be used for its current use. He was approached by Mr. Dallow about the possibility of annexing that small piece into the Village of Otisville. You would basically have the situation where the village of Otisville owns a piece of property in Mount Hope that’s adjacent to property it also owns. The property does not generate any tax monies because it is owned by the state. There are a few ways to the annexation process. The amicable way is to pass a resolution as was prepared here to take this into a joint public hearing with the village. He thinks the village may have passed this last week. Ms. Loeven: we were told it was on hold. Atty. Bavoso: He will work out a potential joint public hearing date with Howard. Everyone has a copy of it now and will talk about it at next meeting.
RESOLUTION TO ACCEPT RESIGNATION FROM POLICE OFFICER JONATHAN ARLOTTA:
MOTION offered by Councilman Howell 2nd by Councilwoman Sutherland to accept the resignation from Jonathan Arlotta effective 9-26-2015. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri, carried.
RESOLUTION TO ACCEPT BID FOR OVERHEAD DOORS FOR POLICE GARAGE BUILDING:
MOTION offered by Councilman Ketcham 2nd by Councilwoman Sutherland to accept the quote from Dutchess Overhead doors for the garage doors for the police pole barn for $4,527.00. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri, carried.
LANDS OF LAZIER REPORT BY RYAN MC GUIRE OF KC ENGINEERING:
Ryan McGuire discussed the Lands of Lazier for the Hidden Valley 6 lot sub-division on a lot on the intersection of Hill Road & Guymard Turnpike. They proposed connecting to the Hidden Valley sewer district. This is adjacent to their project. He is here for an extension of that district boundary. They prepared a map/plan/report that discusses the impacts and costs associated with the expansion of the district which he provided to the board tonight. David might be able to give us a rundown of the legal requirements as well as the process for transferring property out of the district and into the district. Essentially if you look at it, there’s going to be an extension of the sewer main off Thistle Lane through the properties through an easement granted to the town up Hill Road to a point approx. 400-500 feet off the intersection of Guymard Turnpike. This case the town would levy a hook-up fee which would offset some of the costs for the administration of the hook-up. The applicant would bear all costs for engineering, design, construction & build out of the sewer extension. The town will not incur any cost as a result of this application. Supervisor Volpe asked if the residents of Hidden Valley would incur any costs as a result of this? McGuire: any costs associated with this can only be paid for by the residents of the HV sewer district. The town residents can’t be responsible. There will be no cost impacted to the current residents. Supervisor: every part of the expansion will be paid for by the applicants? McGuire: correct. This will improve the current collection system. You may wind up with an improved manhole on Thistle Lane. All costs associated with our work, David’s work, any of the construction on this project will be born by the applicant. Supervisor: they’ll pay $6,000 per house in addition to any of those costs. McGuire: correct. They are on the hook for some costs of the construction of the septic system, if that were the case which would probably exceed the $6,000 if you get down to brass tacks on that. It would be a cost that they would experience building a septic system. It does represent good planning to connect to the sewer system. It will supplement the existing users there. It’ll help reduce some annual costs of maintenance & operation of that plant itself. Ongoing costs will be paid for with user fees. Right now we are not proposing any reduction in water/sewer fees. After a year goes by and after those houses are constructed you could re-evaluate that & potentially reduce your sewer district fees.
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Supervisor: does the applicant have a time frame on when they are looking to…McGuire: they didn’t state specifically. Right now they’re they have preliminary approval with the planning board. They have to get the sewer district extension to get their sewer main extension approved by the DEC. It’s assumed they would start construction in the spring. It’ll probably be a good year to sell all those lots in the current market. Supervisor: hook up fee will be paid by the builder? McGuire: yes as soon as they apply and I don’t think this has been worked out, that will be part of the developers agreement that when they apply for the building permit for that lot they would pay the $6,000 fee. Supervisor asked what the process is for the town board now? McGuire: we’ve prepared the basics to the towns actions: map/plan/report and the EAF & a public hearing has to be held. Atty. Bavoso stated: the portion of the town law which appeals to special districts is Article 12A. That says that the town may expand or extend a sewer district but it must be based upon a map/plan/ report prepared in such detail as determined by the town board. The map/plan/report must be filed in Town Clerk’s office. It must be prepared by a licensed engineer. It must show the boundaries of the extension of the new configuration of the district. We go this from the town engineer. Once the map/plan/report is filed with the Town Clerk, the town board must enter an order specifying boundaries of the extension, improvements proposed, the amount, if any, to be expended by the town, the cost of the hook-up fees & the cost to the district – if any. Once the board has adopted that order, the town board has to set a public hearing to determine if the extension is to the benefit of those included in the sewer district & if it’s in the public interest. The order itself has to be published with the notice of the public hearing. It has to provide a calculation of how the hook-up fees were computed. He provided an order for the board. You could look it over for the next meeting. The notice of public hearing must be published at least once in the paper. 1st publication has to be not less than 10 days or more OR more than 20 days prior to the public hearing. After the public hearing is concluded, the town board has to determine 4 items by resolution: 1. whether the notice of hearing was published and posted by law and is sufficient 2. whether all property and property owners within the proposed district extension are benefitted by the proposed extension 3. whether all of the property & property owners benefitted are included within the limits of the proposed extension 4. Whether the extension of the district tis in the public interest. If the town board finds all of those to be in the affirmative, it could adopt a resolution approving the extension of the district as the boundaries are determined. That resolution is subject to a permissive referendum which means that resolution could not take effect until at least 30 days after it is adopted. A certificate stating that no such petition was filed with the town has to be filed with the county clerk on the expiration of that 30 day period. The final certified copy of the order is recorded with the county clerk. He provided this in an email to the board in March. Supervisor: we just got this today so we’ll wait until next meeting. McGuire: 2 weeks wouldn’t affect things at all.
RESOLUTION TO APPROVE SUPERVISOR’S REPORT 8-2015:
MOTION offered by Councilman Howell 2nd by Councilman Cambareri to approve the August 2015 Supervisor’s report as presented. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri, carried.
JUSTICE AUDIT:
Supervisor Volpe asked Gary & Matt if they would do the Justice audit again this year. They agreed.
RESOLUTION TO APPROVE THE POLICE DEPT. BUDGET MODIFICATION:
MOTION offered by Councilman Cambareri 2nd by Councilman Ketcham to authorize the following budget modification:
From Revenue to A3120.4 Police Contr. – $183.99.
All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri; carried.
RESOLUTION TO APPROVE THE HIGHWAY DEPT. BUDGET MODIFICATION:
MOTION offered by Councilman Howell 2nd by Councilman Cambareri to authorize the following budget modification:
Increase revenue budget from State Aid/CHIPS DB3501 $12,246.20 &
Increase CHIPS budget DB5112.2 $12,246.20
All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri, carried.
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RESOLUTION TO AUDIT THE CLAIMS:
MOTION offered by Councilman Ketcham 2nd by Councilman Howell to approve the following bills for Abstract 19:
GENERAL A: #464-491 $ 50,611.40
GENERAL B: #65-69 $ 7,578.65
HIGHWAY: #135-141 $ 43,146.30
SEWER: #79-81 $ 1,367.97
CAP RES GEN A POLICE: #1 $ 38,743.00
All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri, carried.
PUBLIC PARTICIPATION:
D. Loeven: Apologized for forgetting the copy of their dog law, thanked the supervisor for the senior trip parking lot save; next trip is 10-14-15 & Hometown Helpers is in need of volunteers as they have more neighbors needing assistance.
F. Ketcham: Atty. Bavoso gave Mr. Ketcham a copy of correspondence re: 7 Peaks. Atty. Bavoso stated they are still in the process of approving the FEIS. He referred to the minutes from 9-8-15 meeting. He questioned a date of 9-15 for an amended application to be filed with the ZBA as stated by Mr. Plotsky. Atty. Bavoso: it’s his understanding they filed an application with the planning board. They may be also working on amended application to ZBA. He will check with Glenn. Mr. Ketcham questioned the date stated by Mr. Plotsky for the public hearing of 10-26 or 10-29 & that the date would be determined at the 9-15 meeting. Mr. Ketcham spoke re: article in paper referring to application being lost. Doesn’t understand how it could be lost. Town Clerk explained process of receiving applications in for other departments. Mr. Plotsky’s office did not receive a copy of this application. Atty. Bavoso stated that’s where the confusion came in. They can’t act on things they don’t have or don’t know about. Mr. Ketcham then spoke re: lot line change and commercial or religious status.
BOARD COMMENTS:
Councilman Cambareri spoke re: Old School Committee and he spoke with KC Engineering. They have the Oct. 5th & 19Th available to come to one of our board meetings to discuss the questions. Jason will notify Dominick which meeting they will come to. They will answer any questions and if you submit questions ahead of time, they can be prepared to answer that night.
M. Maurizzio asked about the lost application noted in the paper. Did anyone look into the lost application, was it ever found and looked into? Supervisor Volpe: stated traditionally it’s receipted
at the front office and then immediately put into planning/zoning board office. Everyone other than the clerk is done with it at that point. The clerk either takes it and brings it to the planning board with 7 copies or then it goes to the zoning board with 5 copies. In this particular case, when the 5 people of the ZBA got served is when they were aware of the application. Somewhere from the office back there to the date – I can’t answer. She asked if the clerk was ever questioned on it. Supervisor did not know.
RESOLUTION FOR ADJOURNMENT:
MOTION offered by Councilman Howell 2nd by Councilman Ketcham to adjourn the meeting at 8:15pm. All in favor: Howell, Ketcham, Volpe, Sutherland, Cambareri, carried.
The next meeting is scheduled for September 28, 2015 for a budget meeting.
Respectfully submitted,
Kathleen A. Myers, Town Clerk
Town of Mount Hope
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