Town Board Meeting November 1st, 2021
OFFICIALS PRESENT: Police Chief P. Rickard, D. Bavoso Town Attorney, D. Hassenmayer, Highway Supt.
Following the Pledge of Allegiance, Supervisor Volpe called the public hearing to order at 7:30pm for PROPOSED LOCAL LAW #4-2021 ESTABLISHING STANDARDS FOR SMALL CELL WIRELESS FACILITIES IN THE RIGHTS-OF-WAY IN THE TOWN OF MOUNT HOPE. Public hearing ad is on table.
Attorney Bavoso explained the law. 5G is on its way. It’s already in certain places. Many of these companies contract with local utility companies and then place the antennas right on top of the utility poles. To prevent that happening without the town knowing, this local law creates a permit system where the wireless communications company would have to come to the building department to get a permit in order to place those 5G antennas on top of any existing utility poles or perhaps to even put up their own poles – they would need a permit to do that. This kind of allows the town some sort of regulating process over how they’re going to do it. Now that the technology has gotten to the point that the giant towers aren’t needed as much, these smaller towers are what many of the companies are using. Supervisor: Without this local law, they could do it and the town would have no say? Bavoso: exactly.
Councilman Jennings: is there a limit of how many they could put in?
Bavoso: no, not according to the local law as it exists. They would have to get a permit for all their locations if they were going to install multiple. He added: just so the board knows, I have to clean up just a couple things on it. I have the chapter # wrong and some of the numbering I have to fix.
Supervisor asked if anyone from the audience had questions.
Bob Hayward asked if there would be any revenue increase – you say permitting – a lot of permits should be some revenue for the town?
Bavoso: potentially, yes.
Hayward: you put this thing on the top of the utility pole, that’s like a lightning rod.
Bavoso: agreed.
Hayward: that’s gotta be grounded – safety wise. I hope that’s in there. It’s gonna pollute the neighborhood so to speak, in terms of higher antennas, that’s what you’re doing. They’re not gonna need a lot, I hope. (Mr. Hayward is a former communications consultant.)
MaryBeth Horzepa: some of this came about because we were getting questions on the planning board about 5G towers and some of the regulations and what we could & could not permit. This law covers a lot of the concerns that the planning board had.
Supervisor: it’s definitely more protection now than what we had which was zero. He asked if anyone else had questions.
MOTION TO CLOSE PUBLIC HEARING:
MOTION offered Councilman Carey 2nd Councilman Furman to close public hearing at 7:35PM. All in favor: Carey, Volpe, Jennings, Furman; carried.
Attorney Bavoso explained the only thing he would call their attention to is it’s labeled as #37 in there which is gonna change – we do have the maximum heights which is the greater of 10’ above the tallest existing utility pole or 50’ whichever is greater. He doesn’t know if the board wants to play around with those #’s because he would think the tallest existing utility pole would be about 20-25’. Otherwise, if the board is satisfied with those #’s, he’s fine. There is actually – the last provision of the local law – is a fee provision that the town board can set the fee for the permits by resolution. This takes effect as soon as it is filed with the state.
MOTION TO APPROVE LOCAL LAW #4-2021 ESTABLISHING STANDARDS FOR SMALL CELL WIRELESS FACILITIES IN THE RIGHTS-OF-WAY IN THE TOWN OF MOUNT HOPE:
MOTION offered Councilman Carey 2nd Councilman Furman to approve LOCAL LAW #4-2021 ESTABLISHING STANDARDS FOR SMALL CELL WIRELESS FACILITIES IN THE RIGHTS-OF-WAY IN THE TOWN OF MOUNT HOPE as presented. (see end of these minutes) All in favor: Carey, Volpe, Jennings, Furman; carried.
MOTION TO ACCEPT THE PRIOR MEETING MINUTES:
MOTION offered Councilman Furman 2nd Councilman Carey that the minutes of the 10-18-2021 meeting are approved as presented. All in favor: Carey, Jennings, Volpe, Furman; carried.
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CORRESPONDENCE read by Town Clerk Myers:
Veteran’s Day proclamation
2021 Planning/Zoning school online only for 11-13-2021, 9am-1pm, $35 per person
Police department budget modification
2022 Middletown Humane Society contract for approval
Thank you letter from Regional food bank
Resignation from Police Officer Ian Holmes
EFC packet re: Hidden Valley sewer district refinance
Thank you note from the Holy Name food pantry
Request to be considered for ZBA vacancy Swee Sim
BOARD REPORTS:
Supervisor Volpe gave the report for Councilman Howell: He wanted to thank the Howells fire department for help with the new flag pole being installed, for use of the ladder truck and manpower. He reminded everyone the parade will be Saturday, November 13 starting at 11am. Please come show your support for all our Veterans. The tree lighting will be Dec. 3. Supervisor Volpe asked for the town clerk to read the proclamation.
AT THIS TIME, the Town Clerk read into the record the Veteran’s Day Proclamation. (See entire proclamation at end of these minutes.)
MOTION TO APPROVE THE VETERAN’S DAY PROCLAMATION:
MOTION offered Councilman Carey 2nd Councilman Furman to approve the proclamation as read. All in favor: Carey, Jennings, Volpe, Furman; carried.
Councilman Carey added to the Veterans parade that there’s a service following at the Veteran’s Park. We are not walking across the bridge due to weight restriction. We will be going around by the hardware store. The trunk & treat went well. There were a lot of kids. There were a lot of people from the town that participated. He thanked everyone. Prizes were given out. Election day is tomorrow. Remember to flip the ballot. He asked about the light tower being brought to the parking lot for election night. Dean stated it is already there and it was checked to be sure it works. The centennial clock dedication went well. Little league coin drop was on the 23rd. The clocks go back on November 7. NARCAN training was on 10/25. Holy Cross church is doing pictures with Santa Paws on November 14, from 1-4, $10.
Councilman Furman thanked Brian for the trunk & treat. Everything well great. Election day is tomorrow. Get out to vote in this very important election.
Councilman Jennings reported the village meeting was quiet the last time. The next one will be Nov. 4 at 7pm. The planning board meeting will be Nov 17 at 7pm.
HIGHWAY DEPARTMENT:
Supervisor Volpe thanked Dean. The parking lot looks great up there. We got some extra parking. Dean: we got 28 extra spots. Dean reported the guys have been busy in the highway department with a couple messes on the mountain with all the rain we had. The park was a problem again. The guys worked on that today. They finished ditching around the town. After election day we are probably gonna start getting some of these trees down. He had 3-4 complaints about trees. Nelson crews won’t respond – they have to be dispatched by O&R. He called Eric from O&R and they took 2 down for us.
POLICE DEPARTMENT:
Chief Rickard reported about the tree lighting. The movie will be “Santa Claus is Coming to Town”. It’s 51 minutes long. He needs the resignation from Ian Holmes needs to be approved. The NARCAN class went well. There were 8-10 people. COVID update – the 1 officer that tested positive has returned to work. We have one out of work that is suspected; we haven’t gotten his test results back yet. He explained the budget modification was a reimbursement from some tows we did. Some of you had questions about the cars accumulating in the back. After the meeting is done was can talk about it to understand it. He explained the plan that was put in to place pursuant to Cuomo’s executive order 203 from the spring. There was 5 pieces to it. The community engagement team is formed and in process. That is moving along. The training was initiated. The de-escalation training, use of force training, racial profiling training have been done. By the end of the year all of the pieces that were in the plan will have been completed. The policies that were asked to be put on our website are currently on our website. The arrest aversion plan was implemented and in place. The officer wellness – parts of the plan that were put together, the committee’s been formed and things have been put together – some specific officer wellness training we’ve acquired and the officers are currently going through that as well. Of the 5 pieces – we have engaged in all 5 of them and we will probably have most of them complete. The only one thing we’ve not been able to do is kind of an IT issue – is to have a running tabulation on our website of officer complaints and uses of force. We have none for the year. We are not easily able to do that in real time. It’s an issue that hopefully will get resolved.
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VILLAGE OF OTISVILLE:
Trustee Loeven reported things were pretty quiet at their last meeting. They meet again this week. She asked about the parade step-off time. Supervisor: 11:00am.
BUILDING DEPARTMENT:
Building inspector Musial reported they are still busy doing a lot of inspections. She reported on the numbers of violations, permits issued, title searches & revenue collected so far this year. (Copies on file in town clerk’s office.)
UPDATE ON CONDEMNED PROPERTY (SBL: 10-1-46) PUBLIC HEARING:
Supervisor Volpe reported that at the last meeting we set a public hearing for tonight. The ad was unable to give us the 5 days we needed in the newspaper so therefore we need to reschedule the condemned property public hearing for Nov. 15.
MOTION TO RESCHEDULE PUBLIC HEARING FOR CONDEMNED PROPERTY LOCATED AT (SBL 10-1-46), 1641 ROUTE 211 WEST:
MOTION offered Councilman Carey 2nd Councilman Furman for the town board to schedule a public hearing on November 15, 2021 at 7:30pm with regard to the property located at 1641 Route 211 West (SBL: 10-1-46) for the purposes of whether the same shall be repaired, removed or demolished based upon the evidence at the public hearing and recommendation of town officials pursuant to 94-6 of the town codes. All in favor: Carey, Jennings, Volpe, Furman; carried.
MOTION TO APPROVE 2021 PLANNING/ZONING ONLINE SCHOOL THROUGH ASSOCIATION OF TOWNS:
MOTION offered Councilman Carey 2nd Councilman Furman to approve any planning and zoning board members to attend the online only webinar through the Association of Towns on November 13, 2021 from 9am to 1pm at $35/person. All in favor: Carey, Volpe, Jennings, Furman; carried.
REFINANCE HIDDEN VALLEY SEWER DISTRICT:
Supervisor Volpe explained that he gave everyone a packet a month ago. There was an issue with getting NYS to call him back. Prior to him, when the other board financed Hidden Valley Sewer, the way it was done is – everything is done based on whatever the rates are at that time – that being said – the state has millions and millions of dollars that is being refinanced and because ours was an environmental project we also qualified to get some of the savings. Basically, through the maturity date on our loan, we would save $152,500.00 just in interest. The cost for the town is ZERO. The only thing required is his signature which would require approval form the town board authorizing him to sign to have Hidden Valley refinanced. There is no down side. He doesn’t think that rates will ever be historically as low as they are now and it gives HV a chance to save basically $10,000.00/year through the end of the term.
MOTION TO AUTHORIZE THE TOWN SUPERVISOR TO SIGN with ENVIRONMENTAL FACILITIES CORP TO REFINANCE BOND WITH HIDDEN VALLEY SEWER:
MOTION offered Councilman Carey 2nd Councilman Furman to authorize the Town Supervisor to sign the certificate with Environmental Facilities Corp. to refinance the bond for Hidden Valley Sewer. All in favor: Carey, Volpe, Jennings, Furman; carried.
MOTION TO AUTHORIZE TOWN SUPERVISOR TO SIGN 2022 AGREEMENT WITH HUMANE SOCIETY OF MIDDLETOWN:
MOTION offered Councilman Carey 2nd Councilman Jennings to authorize Town Supervisor Chad Volpe to sign the 2022 agreement with the Humane Society of Middletown. All in favor: Carey, Volpe, Jennings, Furman; carried. (on file in town clerk’s office)
MOTION TO ACCEPT RESIGNATION FROM POLICE OFFICER IAN HOLMES:
MOTION offered Councilman Furman 2nd Councilman Jennings to accept the resignation from Police Officer Ian Holmes effective October 20, 2021. All in favor: Carey, Volpe, Jennings, Furman; carried.
MOTION TO APPROVE POLICE BUDGET MODIFICATION:
MOTION offered Councilman Furman 2nd Councilman Carey to approve the following:
Increase Revenue A1520 Police Fees by $350.00
Increase Expense A3120.4 Police Contr by $350.00; (tow fees for impounded vehicles)
All in favor: Carey, Volpe, Jennings, Furman; carried.
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MOTION TO AUDIT THE CLAIMS:
MOTION offered Councilman Jennings 2nd Councilman Furman to approve the bills (Abstract 42& Abstract 43):
Abstract 42: GENERAL A: #547-561 $ 4,161.28
GENERAL B: #93 $ 46.04
SEWER: #96-97 $ 310.23
Abstract 43: GENERAL A: #562-578 $ 51,678.56
GENERAL B: #94-96 $ 32,244.07
HIGHWAY: #182-186 $ 1,411.63
SEWER: #98-100 $ 4,714.94
AMERICAN RESCUE: #6-7 $ 6,326.00
All in favor: Volpe, Jennings, Furman; ABSTAIN: Carey from Abstract #42 Voucher #548; carried.
PUBLIC COMMENT:
Diane Loeven gave an update for the Community Advisory Board; they hope to be back on track in January. She thanked Chad for sending chairs to the senior center for the exercise ladies. She added that the doors are still sticking there. The ladies room handicap stall lock is broken. She hopes to have the reimbursement voucher to the town by the end of the week. The senior Christmas party is in discussion.
Bob Hayward asked about the Otisville bridge that needs a lot of repair. Supervisor explained the county got funding from the state to repair this bridge – it keeps getting pushed back. The old road will be opened when the bridge is getting a total replacement.
BOARD COMMENTS:
Councilman Carey reported that our facebook has 1949 followers. Tomorrow is election day.
Councilman Furman added that election day is an important day. He is upset with the mudslinging for this election.
MOTION TO ADJOURN:
MOTION offered Councilman jennings 2nd Councilman Carey to adjourn the meeting at 8:06pm. All in favor: Carey, Volpe, Jennings, Furman; carried.
The next meeting is scheduled for November 15, 2021 at 7:30pm.
Respectfully submitted,
Kathleen Myers RMC
Town Clerk
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LOCAL LAW # 4 OF 2021
A LOCAL LAW ESTABLISHING STANDARDS FOR SMALL CELL WIRELESS FACILITIES IN THE RIGHTS-OF-WAY IN THE TOWN OF MOUNT HOPE
Purpose. The purpose of this local law is to add provisions to the existing Chapter 250 of the Town Code of the Town of Mount Hope to regulate small cell wireless facilities within the Town of Mount Hope.
Legislation:
The following shall be added to §250-61 of the Town Code of the Town of Mount Hope:
Small Cell Wireless Facilities.
Purpose. The purpose of this Chapter is to establish uniform policies and procedures for the deployment and installation of small wireless facilities in rights-of-way within the Town’s jurisdiction and owned by the Town, which will provide a public health, safety, and welfare benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the Town rights-of-way and the Town as a whole.
Intent. In enacting this Chapter, the Town is establishing uniform standards to address issues presented by small wireless facilities, including without limitation, to:
prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;
prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
prevent interference with existing facilities and operations of facilities presently lawfully located in rights-of-way or public property;
ensure reasonable efforts are made to preserve the character of neighborhoods in which facilities are installed;
protect against environmental damage, including damage to trees; and facilitate rapid deployment of small wireless facilities to provide the benefits of reliable access to wireless telecommunications technology, broadband and 9-1-1 services to homes, businesses, schools within the Town.
Definitions.
Small Wireless Facility or Small Cell – a wireless telecommunications facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the Antenna and all of its exposed elements could fit within an imaginary enclosure of no
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more than three cubic feet; and (ii) all other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.
Wireless Telecommunications Provider – a wireless telecommunications infrastructure provider or a wireless telecommunications services provider.
Permitted Use; Application and Fees.
Permitted Use: Collocation of a small wireless facility or a new or modified utility pole or wireless support structure for the collocation of a small wireless facility shall be a permitted use not requiring discretionary zoning approvals subject to the restrictions in contained herein.
Permit Required. No person shall place a small wireless facility in the rights-of-way, without first filing a small wireless facility application and obtaining a small cell building permit therefore, except as otherwise provided in this Chapter.
Permit Application. All small wireless facility applications for small cell building/work permits filed pursuant to this Chapter shall be on a form set by the Building Department of the Town of Mount Hope. The Building Department shall review the application for a small cell building permit in light of its conformity with applicable regulations of this Chapter and all applicable building and safety codes. If the application is denied, the basis of denial shall be provided to the applicant in writing.
Routine Maintenance and Modifications. An application shall not be required for: (i) routine maintenance; and (ii) like-kind modifications to any existing small wireless facility that do not materially change the appearance of the small wireless facility or exceed the structural capaTown of the supporting structure.
Information Updates. Any amendment to information contained in a small cell building permit application shall be submitted in writing to the Building Department within thirty (30) days after the change necessitating the amendment.
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Application Fees. All applications for small cell building permits pursuant to this Chapter shall be accompanied by a fee for actual, direct, and reasonable costs incurred by the Town related to processing the application.
Violations. A permit shall be revoked for any violation of the provisions of this Chapter.
Maximum Height; Other Requirements.
Maximum Size of Permitted Use. Small wireless facilities, and new or modified utility poles and wireless telecommunications support structures for the collocation of small wireless facilities may be placed in Town rights-of-way as a permitted use subject to the following requirements:
Each new or modified utility pole or wireless telecommunication support structure installed in the rights-of-way shall not exceed the greater of:
Ten (10) feet above the tallest existing utility pole in the rights-of-way in place as of the effective date of this Chapter located within 500 feet of the new pole; or,
Fifty (50) feet above ground level.
New small wireless facilities in Town rights-of-way shall not exceed the greater of:
More than ten (10) feet above an existing utility pole or wireless telecommunications support structure in the rights-of-way in place as of the effective date of this Chapter; or
Fifty (50) feet above ground level.
Design Requirements. Small wireless facilities must be designed so as to avoid unsightly or out-of-character deployments and subject to the approval of the Building Department
Zoning. Any wireless telecommunications provider that seeks to construct or modify a utility pole, wireless telecommunication support structure or wireless telecommunications facility that exceeds the height or size limits contained in this section, shall be subject to applicable zoning requirements. In all other instances, no discretionary zoning approvals shall be required for projects which comply with the terms of this Chapter and a small cell building/work permit shall be issued.
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Removal, Relocation or Modification of Small wireless facility in the ROW.
Notice. Following written notice from the Town, wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small wireless facilities within the rights-of-way whenever the Town has determined that such removal, relocation, change or alteration, is necessary for the construction, repair, maintenance, or installation of any Town improvement in or upon, or the operations of the Town in or upon, the rights-of-way.
Emergency Removal or Relocation of Facilities. The Town retains the right to cut or move any small wireless facility located within the rights-of-way of the Town, as the Town may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the Town shall notify the wireless telecommunications provider and provide the wireless telecommunications provider an opportunity to move its own facilities prior to cutting or removing a facility and shall notify the wireless telecommunications provider after cutting or removing a small wireless facility.
Abandonment of Facilities. Upon abandonment of a small wireless facility within the rights-of-way of the Town, the wireless provider shall notify the Town within ninety (90) days. Following receipt of such notice the Town may direct the wireless provider to remove all or any portion of the small wireless facility if the Town, or any of its departments, determines that such removal will be in the best interest of the public health, safety and welfare.
Fees.
ROW Administration Fee. A wireless telecommunications provider authorized to place small wireless facilities in the rights-of-way shall pay to the Town an annual administration rate to be set by resolution of the Town Board.
Attachment Fee. A wireless telecommunications provider authorized to place small wireless facilities shall pay an annual fee to place to place a small wireless facility on a Town-owned pole in a Town right-of-way. Such fee shall be set by resolution of the Town Board.
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PLEASE TAKE NOTICE TO THE EXTENT THAT THIS LOCAL LAW MAY CONFLICT WITH APPLICABLE PORTIONS OF THE TOWN LAW OF THE STATE OF NEW YORK, IT IS THE STATED INTENTION OF THE TOWN TO EXERCISE ITS AUTHORITY TO SUPERSEDE AND AMEND, AS GRANTED UNDER THE MUNICIPAL HOME RULE LAW OF THE STATE OF NEW YORK, SECTION 10. THE TOWN HEREBY PROVIDES NOTICE THAT IT IS EXERCISING ITS AUTHORITY TO SUPERSEDE AND AMEND PURSUANT TO MUNICIPAL HOME RULE LAW OF THE STATE OF NEW YORK SECTION 22.
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Proclamation
Whereas, November 11th is a federal holiday to honor the men and women whom served in the United States Armed Forces.
Whereas, The Town of Mount Hope recognizes the dedication and sacrifice our Veterans have made to serve and protect our Country.
Whereas, Through the service of our veterans our freedom and liberties are preserved.
Whereas, The Town of Mount Hope expresses its most sincere thanks and gratitude for your service to our country.
Therefore, be it resolved, The Town of Mount Hope proclaims November 13th 2021 as
Veteran’s Appreciation Day
In the Town of Mount Hope.
_________________________
Supervisor Chad J Volpe
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