The workshop meeting of the Town Board of the Town of Mount Hope was held at Town Hall on February 21, 2017 at 7:30pm with the following present: Supervisor Chad Volpe, Councilman Matthew Howell, Councilman Brian Carey, Councilwoman Janet Sutherland, Councilman Cambareri and Town Clerk Kathleen Myers.
OFFICIALS PRESENT: Police Chief Rickard & Town Attorney D. Bavoso.
Following the Pledge of Allegiance, Supervisor Volpe called the public hearing to order at 7:30pm. He asked that everyone please silence or turn off their cell phones.
7:30pm – PUBLIC HEARING FOR PROPOSED LOCAL LAW #1-2017 ENTITLED: TO ALLOW THE TOWN OF MOUNT HOPE TO ACCEPT CREDIT CARDS AS A METHOD OF PAYMENT:
Supervisor Volpe explained that the purpose of this is so that the town can accept credit cards as a method of payment for all the offices and be able to recoup the fees. Example: if you came for a $100 building permit with a 3% fee it would be $103: $3 would go to the bank and $100 would stay here. Can still accept cash and checks. He asked if any board members had questions. There were none. There were no questions from the audience.
RESOLUTION TO CLOSE THE PUBLIC HEARING:
MOTION offered by Councilman Cambareri 2nd by Councilman Howell to close the public hearing for the credit card law at 7:32pm. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
RESOLUTION TO ADOPT THE LOCAL LAW #1-2017 ENTITLED: TO ALLOW THE TOWN OF MOUNT HOPE TO ACCEPT CREDIT CARDS AS A METHOD OF PAYMENT:
MOTION offered by Councilwoman Sutherland 2nd by Councilman Howell to adopt Local Law #1
Entitled: TO ALLOW THE TOWN OF MOUNT HOPE TO ACCEPT CREDIT CARDS AS A METHOD OF PAYMENT as written. (Copy on file in Town Clerk’s office.) All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
RESOLUTION TO ACCEPT PRIOR MEETING MINUTES:
MOTION offered by Councilman Cambareri 2nd by Councilman Howell that the minutes of the 2-6-17 meeting as presented are accepted. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
CORRESPONDENCE:
- Credit card company quotes (3)
- Revenue line creation from supervisor’s office
- Line creation request from supervisor’s office (summer rec)
- Overhead door replacement quotes (3)
- Three police policy updates: Body Armor, Meal Periods/Breaks & Smoking/Tobacco Use
- Access for Living Foundation request to sell raffle tickets in Mount Hope
- January 2017 Supervisor’s report
- Letter of resignation from Lt. Pat Freeman effective 2-7-2017
- Copy of letter from Frank Simeone re: Mount Hope Fire Company
- Copy of letter from Glen Plotsky re: Pierson Solar farm project
- Material quote from Garland Company
- Insurance cert. from Mad Science
- January 2017 monthly police report
- Copy of fence proposal from Ketcham fencing re: dog park
RESOLUTION TO USE MUNICIPAY AS THE VENDOR FOR THE CREDIT CARDS:
MOTION offered by Councilman Howell 2nd by Councilman Carey to approve MuniciPAY for our credit card processing. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
COMMITTEE REPORTS:
Councilman Howell reported the Master Plan meeting was rescheduled from Feb 23 to March 22 at 5PM at Town Hall.
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Councilman Carey reported football and cheerleading registration is Feb 26 at Minisink middle school 11-3.
Councilwoman Sutherland reported that there have been 65 library cards sold to date.
Councilman Cambareri: no report.
Supervisor Volpe reported on the chairs at the senior center. Dean found replacements for the bottoms of the chairs – with a lifetime warranty. They are $3.14/chair. Dean ordered them.
HIGHWAY DEPARTMENT:
Supervisor Volpe reported that Dean would like a motion to be able to go to bid for the dumpsters for the trash days.
RESOLUTION TO GO TO BID FOR ROLL OFF DUMPSTER SERVICE FOR SPRING & FALL CLEAN UP:
MOTION offered by Councilman Howell 2nd by Councilman Carey to authorize the highway superintendent to solicit bids for the spring & fall roll off dumpster service. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
ROOF UPDATE:
Supervisor Volpe stated that we are still waiting for all the pricing for the roof repairs.
OTISVILLE FIRE COMPANY:
No report.
POLICE DEPARTMENT:
Chief Rickard reported on the policy adoptions. David reviewed them. He would like approval on them. NAS came and will do a quote for the fire alarm system for the senior center. They should be able to connect to the police department. There were questions on the air handler size. He requested for the board to approve the car minibid. It’s NYS minibid #17010261. Low price was from Beyer Ford for $27,899.58. When the budget was adopted the car was covered but not the accessories – we’ll need to take from capital reserve. That is $16,117.28. He requested executive session to discuss personnel matter. The phones are worked out now with Time Warner.
VILLAGE OF OTISVILLE: no report. Trustee Loeven added that the request for use of the fields for community day was approved at their last meeting.
INDIGOT CREEK UPDATE:
Supervisor Volpe reported that Orange County was not aware that City of Middletown built a road. We were told that they would come fill out the proper paperwork and pay the driveway permit fee – as of today that hasn’t happened. The DEC will give all the updated permits that Middletown currently has. They said within 30 days they will meet with C/O Middletown to go over additional permits they may/may not need or at least update the ones that reflected.
FOTOS:
Attorney Bavoso reported that he has received back the signed contracts from the Friends of the Otisville School. They did not propose any changes to the contracts. They only changed the PO Box for the buyer. They agreed to all the terms. He prepared resolution for the board to adopt authorizing the supervisor to sign the contract and a resolution to initiate the referendum under section 94 of the Town Law. Supervisor recapped: the contract is the contract we drew up that we were all happy with. Bavoso: correct. Supervisor: now we vote to sell the school to the Friends of the Otisville School. Bavoso: the vote is to allow the supervisor to sign the contract on behalf of the town. Supervisor: then we do resolution for the permissive referendum? Bavoso: correct. Supervisor: does that block the sale of the school? Bavoso: It does until the referendum can be held. It makes any sale then subject to approval by the voters. Supervisor: if we approve this tonight, it starts the no earlier than 60 days no more than 75 days? Bavoso: correct. Supervisor: within 75 days from now the voters would vote whether or not they wanted the FOTOS to have the building. Bavoso: correct.
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RESOLUTION TO AUTHORIZE THE SUPERVISOR TO EXECUTE THE CONTRACT FOR SALE WITH FRIENDS OF THE OTISVILLE SCHOOL:
MOTION offered by Councilman Cambareri 2nd by Councilwoman Sutherland as follows:
WHEREAS, the Town of Mount Hope, Orange County, New York currently owns property located at 21 School Street, Otisville, Orange County, New York, more specifically described as Section 106, Block 4, Lot 1 on the Tax Map of the Town of Mount Hope ; and
WHEREAS, the subject premises is the site of a school which is not currently in use and has fallen into disrepair; and
WHEREAS, the Friends of the Otisville School, Inc. is a Not-for-Profit Corporation, formed under the laws of the State of New York, that seeks to rehabilitate the school; and
WHEREAS, the Friends of the Otisville School, Inc. would like to purchase the premises from the Town of Mount Hope; and
WHEREAS, the Town Board of the Town of Mount Hope would like to sell the above referenced premises to the Friends of the Otisville School, Inc. for the purpose of allowing for the rehabilitation and use of the school,
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 Friends of the Otisville School, Inc. for the purpose of conveying 21 School Street, Otisville, Orange County, New York, more specifically described as Section 106, Block 4, Lot 1 on the Tax Map of the Town of Mount Hope.
BE IT FURTHER RESOLVED, that the Town Board of the Town of Mount Hope has agreed to sell the property for $10.00 and the Friends of the Otisville School, Inc. has agreed to pay all closing costs that The Town of Mount Hope may incur.
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 March 23, 2017.
All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
RESOLUTION THAT THE TOWN BOARD INITIATES A REFERENDUM TO DETERMINE WHETHER OR NOT TO SELL THE OLD SCHOOL AT 21 SCHOOL STREET:
MOTION offered by Councilman Cambareri 2nd by Councilwoman Sutherland as follows:
WHEREAS, the Town of Mount Hope, Orange County, New York currently owns property located at 21 School Street, Otisville, Orange County, New York, more specifically described as Section 106, Block 4, Lot 1 on the Tax Map of the Town of Mount Hope; and
WHEREAS, the Town of Mount Hope has agreed to sell the above referenced property to the Friends of the Otisville School, Inc., a Not-for-Profit Corporation, formed under the laws of the State of New York; and
WHEREAS, §64 of the Town Law of the State of New York requires any sale of property owned by the Town be subject to permissive referendum; and
WHEREAS, the §94 of the Town Law of the State of New York allows a Town Board to initiate a referendum for any matter that would be subject to permissive referendum; and
WHEREAS, the Town Board of the Town of Mount Hope wishes to hold a referendum to allow the residents of the Town to vote on the proposed sale,
THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mount Hope, Orange County, New York, initiates a referendum for the purpose of
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determining whether the Town of Mount Hope should sell property located at 21 School Street, Otisville, Orange County, New York, more specifically described as Section 106, Block 4, Lot 1 on the Tax Map of the Town of Mount Hope.
BE IT FURTHER RESOLVED, that the referendum shall be held no early than sixty (60) days and no later than seventy five (75) days after the adoption of this Resolution.
BE IT FURTHER RESOLVED, that the proposition shall read as follows:
“Should the Town Board of the Town of Mount Hope sell the Otisville School to the Friends of the Otisville School, Inc.”.
All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
GARAGE DOORS:
He asked board members if they received the quotes for the overhead doors. They did. This was done over 3 years. All the doors need to be re-done because they don’t pass the safety test. This is the last set of doors that need to be done for the doors to be up to code.
RESOLUTION TO ACCEPT QUOTE FROM DUTCHESS OVERHEAD DOORS:
MOTION offered by Councilman Carey 2nd by Councilman Howell to accept the quote from Dutchess Overhead Doors department in the amount of $12,800 for new garage doors for the highway. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
RESOLUTION TO APPROVE THE BODY ARMOR POLICY:
MOTION offered by Councilwoman Sutherland 2nd by Councilman Howell to approve the Body Armor policy as presented. (Copy on file in Town Clerk’s office) All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
RESOLUTION TO APPROVE THE MEAL PERIODS & BREAKS POLICY:
MOTION offered by Councilwoman Sutherland 2nd by Councilman Howell to approve the Meal Periods & Breaks policy as presented. (Copy on file in Town Clerk’s office) All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
RESOLUTION TO APPROVE THE SMOKING & TOBACCO USE POLICY:
MOTION offered by Councilwoman Sutherland 2nd by Councilman Cambareri to approve the Smoking & Tobacco Use policy as presented. (Copy on file in Town Clerk’s office) All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
RESOLUTION TO ACCEPT RESIGNATION FROM POLICE LT. PAT FREEMAN:
MOTION offered by Councilman Howell 2nd by Councilman Carey to accept the resignation from Police Lt. Pat Freeman effective 2-7-17. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
RESOLUTION TO ALLOW ACCESS SUPPORTS FOR LIVING TO SELL RAFFLE TICKETS:
MOTION offered by Councilwoman Sutherland 2nd by Councilman Cambareri to allow ACCESS Supports for Living to sell raffle tickets in the Town of Mont Hope. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
AT THIS TIME, Supervisor Volpe handed out papers to the board members. He was approached by a resident about the town surplus being depleted. Every month the board gets a supervisor’s report with all our accounts on it. He pulled December 2013 and he has today’s which is January. From then until now we have $1,251,549.29 more than December 2013. The town is in good financial shape.
RESOLUTION TO APPROVE THE SUPERVISOR’S REPORT:
MOTION offered by Councilman Howell 2nd by Councilman Carey to approve the January 2017 Supervisor’s report as presented. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
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COMMUNITY DAY:
Supervisor Volpe explained that for community day to be able to accept money for it we need to create a line for it in the budget.
RESOLUTION TO CREATE A NEW REVENUE BUDGET LINE FOR COMMUNITY DAY:
MOTION offered by Councilman Howell 2nd by Councilman Carey to approve creating a new revenue budget line A2001 Parks & Recreation Charges. All in favor: Howell, Carey, Volpe, Cambareri; ABSTENTION: Sutherland; motion carried.
RESOLUTION TO CREATE NEW BUDGET LINE FOR SUMMER RECREATION:
MOTION offered by Councilman Carey 2nd by Councilman Howell to approve creating new budget lines as follows: A7310.1 Summer Rec Personal Svcs., A7310.2 Summer Rec. Equipment & A7310.4 Summer Rec. Contractual. All in favor: Howell, Carey, Volpe, Cambareri; ABSTENTION: Sutherland; motion carried.
RESOLUTION TO AUDIT THE CLAIMS:
MOTION offered by Councilman Howell seconded by Councilman Carey to approve the bills:
GENERAL A: #78-110 $ 49,504.52
GENERAL B: #11-13 $ 4,040.03
HIGHWAY: #21-28 $ 37,801.62
SEWER: #13-15 $ 1,236.98
THRALL LIBRARY #1 $ 1,889.00
CAP RES GEN B #1 $ 2,880.00
All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
PUBLIC PARTICIPATION:
AT THIS TIME, Supervisor Volpe explained there will be a 3 minute time limit for those wishing to speak.
Maryann McDonough: spoke re: board signing a resolution to stop the CPV power plant. There is a picket every Saturday 11am-12pm. She asked for anyone interested to send a valentine card to Gov. Cuomo. She brought the cards for anyone to take some. The only cost is for the postcard stamp. And, to please add a private message.
John Gray asked about the dog park. He had passed out papers to all board members. It was a proposal for the dog park from 2013. He was under the impression that the board had already approved money to go towards a dog park. The only thing up in the air was the fence going down the middle to separate the large dogs from the small dogs. Councilman Cambareri stated that Julie has all the information and she is in charge of parks and recreation. She did all the research in the beginning. We did research on dog parks throughout NYS, and the liability. Most all kennel associations advise not to do a dog park. Gray: Walden has one, Montgomery, Middletown but you have to live in Middletown to use the park. Cambareri: that’s because of the insurance reasons. Gray stated he’s paid hundreds of thousands of dollars in taxes through the years. A dog park is too much to ask of the town? Cambareri: everybody we spoke to, most people that live in the town, everybody has a yard. Mr. Gray has a yard. It’s good for the dog’s socialization. He thought it was approved by the town board. Cambareri: if it was – it was before us. I don’t know if it was approved or discussed. I don’t know that it was ever budgeted. Gray: The park across the street is a beautiful park – the 1st thing you see when you drive in is that there is ’under video surveillance’. No dogs allowed. He suggested signage for a fine for not cleaning up after your dog, licensing, leashing. Cambareri: to properly administer a dog park legally, you have to have someone stationed there while it’s open. Gray: that’s not true. There’s nobody stationed at the one in Middletown. Cambareri: that’s the way they chose to run it; that’s the risk they’re willing to take. Gray: what do I have to do to get the town board to change its mind? Cambareri: in the 3 years that we’ve been here, you are the 1st one that’s come and asked for this. Gray: I can’t believe that. The village park isn’t maintained in the winter. This is a proposal from Ketcham. You’re saying for insurance reasons. All these other municipalities…Cambareri: we’ve done a lot of research & the best advice we’ve had is not to do it. Gray: it’s not the best advice. It’s the advice you accepted. Did you take advice from Middletown, Montgomery, Walden? Cambareri: we took advice from our insurance company. The multi-million dollar lawsuits involve all of us. Gray: you have to put signs there saying what’s allowed/not allowed.
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Cambareri: there’s more to it than the signs. I can show you Julie has pictures of hundreds of signs. There’s all kinds of rules. It’s a huge liability. Gary: what do you have to do to petition the town to do something different? I hear you saying that. Is that what everybody thinks? Is that the approach for the dog park on the town? What do I do to try to change people’s minds on that? Supervisor Volpe: I don’t think there’s a huge calling for it. That’s one of the 1st things we did because that was from the prior board. We were going to move forward with it but there was something about..Gray: a fence separating the large from small dogs. Supervisor: that wasn’t in this proposal and actually it got voted on for it to get approved. There was nothing like that in there. What makes a small dog a small dog? 5 pounds? 10 pounds? 15? 25? Gray: look at Middletown dog-park for an example. He thinks 15 pounds is the size for a small dog. This proposal here –I don’t know how much was approved originally. He went over the diagram with the board. He would be willing to chip in the money to help the town pay for a dog park. Of course I wouldn’t be responsible if they got sued. It’s frustrating to pay taxes for 40 years and pull up to the park and see – you don’t see any welcoming signs – you see under video surveillance and no dogs allowed. I’m sure there are lots of people that would like to walk their dogs at the park. Can it be voted on somehow? How does it work? Supervisor: I think it would be great to see what actual interest there would be. Get a petition. Gray: I can do that? Councilman Howell: this was we would have an idea if it’s 5 people sitting in here or 5,000 people that have the same idea as you. Supervisor: There’s supposed to be park meetings. The highway super is not here tonight. There’s supposed to be meetings as to the future of the park. He doesn’t know when the next meeting is but that’s when people would voice – like hey we need this in our park. Gray: I’d like to be there. Cambareri: Mamakating park is having trouble with violators & they’re considering doing away with allowing them at all. Gray: You have a good guy – Yonskie. Have him check it. People should get fined for not cleaning up after their dog, for not having your dog on a leash. Councilman Carey: just for the record, the signs ‘no dogs’ are because Tom brought it to our attention because someone didn’t know that. Gray: it doesn’t make a difference because my wife has a service dog.
Diane Loeven: In addition to approving the park we approved to waive any fees for the use of the park and waive the security deposit. We ask in return for that that we agree should it be a muddy day that the fields be returned to their original condition. Councilman Cambareri asked if it would be required to be listed on the insurance? Loeven: would assume that. She further asked if Dean could check the 10 chairs she has in the store room and replace the tips as needed. She noted the contract with FOTOS, the details of the contract were not stated and asked what the wording for the vote. Supervisor stated that it would actually read “Should the Town Board of the Town of Mount Hope sell the Otisville school to Friends of the Otisville School Inc.” That will be what you vote on when you come to vote. Loeven: But without any knowledge of what the agreed upon purchase price is or? Bavoso: the contract will be FOILable no matter what. It could be posted by the town.
Ken Pinkela: I thought when we signed the contract we could set the date for the referendum? Bavoso: we can. I’d rather talk to the Board of Elections 1st. Then we can nail it down at the next meeting. Pinkela: after you guys sign it, we’d be glad to post it on our website.
RESOLUTION TO APPROVE THE PURCHASE OF POLICE CAR:
MOTION offered by Councilwoman Sutherland 2nd by Councilman Cambareri to approve the purchase of police car (2017 FORD Inceptor Utility minibid #17010261) for $27,899.58. All in favor: Volpe, Sutherland, Cambareri; OPPOSED: Howell, Carey – carried.
AT THIS TIME, Councilman Carey asked what are we having – lights and stuff? Will it be local or shipped out somewhere? Chief: Goosetown. Councilman Howell: nothings reusable from the other one? Chief: some stuff is. Some stuff will stay because Julie will be using it.
RESOLUTION TO APPROVE PURCHASE OF VEHICLE ACCESSORIES FROM GOOSETOWN:
MOTION offered by Councilwoman Sutherland 2nd by Councilman Cambareri to approve the purchase of vehicle accessories from Goosetown for $16,117.28. All in favor: Volpe, Sutherland, Cambareri; OPPOSED: Howell & Carey. Motion carried.
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RESOLUTION TO ENTER INTO EXECUTIVE SESSION:
MOTION offered by Councilman Cambareri 2nd by Councilman Howell to enter into executive session at 8:12pm to discuss police personnel. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
AT THIS TIME, John Gray asked: is it legal to walk a dog on a leash in the T/O Mount Hope on the sidewalks in Otisville? Supervisor: Yes. Gray: also legal to walk the dog on a leash on the roads in the T/O Mount Hope like Carboy/ School House? Supervisor: yes. Gray: but you have to stop at the gate at the park. You can’t go in there; is that right? Supervisor: yes.
RESOLUTION TO RECONVENE REGULAR MEETING FROM EXECUTIVE SESSION:
MOTION offered by Councilwoman Sutherland 2nd by Councilman Cambareri to reconvene regular meeting at 8:22pm. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
BOARD COMMENTS:
Supervisor Volpe asked the board members if they remember anything with the dog park. We were moving on that then it hit a wall. Councilman Howell stated the last he remembered there was a discussion on the sizes of the dogs in comparison in terms of the footprint of the park. And is my dog small and your dog large? Councilman Cambareri: Cornell has this proposed in their park. Supervisor: we are dealing with unions, people telling us it’s their job or not their job. It’s great. There are issues with the dog park getting cleaned up. It’s great if everyone cleans up after their dog. There’s the question of who would police it. He spoke of the center for disease control and the amount of dog that catch things from a dog park is high. Dr. Roeder used to come to a lot of our meetings. A lot of veterinarians don’t think a dog park is good. I have no problem following through with it but I want to make sure we are not holding ourselves up to a liability. We all check the senior center – are we all gonna check the dog park? It’s great if it works 100%. Let’s see what we come up with before the next meeting.
RESOLUTION FOR ADJOURNMENT:
MOTION offered by Councilman Howell 2nd by Councilman Carey to adjourn meeting at 8:26pm. All in favor: Howell, Carey, Volpe, Sutherland, Cambareri; carried.
The next meeting is scheduled for March 6, 2017 at 7:30pm.
Respectfully submitted,
Kathleen A. Myers RMC
Town Clerk
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