Town of Mount Hope Town Board Meeting February 3, 2020

The town board meeting of the Town of Mount Hope Town Board was held at the Mount Hope Town Hall on February 3, 2020 at 7:30pm with the following present:  Supervisor Chad Volpe, Councilman Matt Howell, Councilman Brian Carey, Councilman Jim Jennings, Councilman Chris Furman and Town Clerk Kathleen Myers.

OFFICIALS PRESENT: Deputy Police Chief M. Maresca, Attorney D. Bavoso, Highway Supt. D. Hassenmayer.

 

Following the Pledge of Allegiance, Supervisor Volpe called the meeting to order at 7:30pm & asked audience to silence cell phones.

 

MOTION TO ACCEPT PRIOR MEETING MINUTES:

MOTION offered Councilman Howell 2^nd Councilman Carey that the minutes of the January 21, 2020 meeting are accepted as submitted. All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.

 

CORRESPONDENCE:

1. Letter from OC Planning Dept. re: county reply for the proposed Local Law #2-2020 Amending the Zoning Code of the Town of Mount Hope
2. January 2020 impound report Palmer’s Ark
3. Memorandum of Understanding with the Federal Prison for approval
4. Lions Club fireworks application
5. Lions Club Easter Egg Hunt town park application for approval

 

COMMITTEE REPORTS:

Councilman Jennings reported the village meeting is 7pm Thurs. & our planning board meets 2-19 at 7pm.

Councilman Furman reported he went to a meeting for Towns, Villages & Cities and the census is going to be coming out. It’s important to fill out the census paper you get in the mail. Each person listed in your household counts as $2500 for the county & the town when they are looking at grants. If you respond to that right away, you won’t get anyone knocking on your door or phone calls. You can look for this on the county website. Look on demographics-census and that will tell you everything about it. He went to the meeting on the 30^th about the bridge. There was some interesting things brought up about putting in the bridge. Some business owners were there with concerns. There are pamphlets on the table. There will be another meeting. There were 2 county legislators there that want to be involved with the whole process.  

Councilman Carey invited Megan from OC Planning to come to a board meeting to explain about the census.  By April 1, 2020 everyone’s residence will receive an invitation to participate in this census. He read from the flyer. You can respond online, by phone or by mail by 4-30-2020. If you choose to ignore that, someone will put your name on a list and they will come to your house to talk to you. He named other municipalities that were non-compliant with their responses. He will give Megan’s information to Diane so that maybe she could go to a village meeting. This is the 1^styear you’ll be able to do it online. Census bureau will never ask for your social security #, your bank account or credit card #’s to prove who you are. The website is: www.2020census.gov. He went to the meeting at the firehouse for the bridge. He took screenshot – 95% of the cost of this project is federally reimbursable under NYS bridge program. That part is $3.58 million they would pay. The remaining 5% would be paid locally from Orange County taxpayers. Design approval will be June 2020. Final plans will be March 2021. Project to be awarded May 2021. Project to start June 2021. He posted pictures of Youth center of Rose’s project. 46 days to the grand opening. He received an email from a resident about the ‘horrible acoustics at the senior center’. He noted events throughout the county listed on the county website:  Otisville fair – August 20-23. He went to a Otisville Centennial meeting last week. Next meeting will be posted. Otisville Fire had a meeting tonight – they have concerns re: marking numbers on houses.  He heard Pizza Mania may be closing in March for Dollar General to do its thing. Troop 1 is having a fundraiser on Feb 22, 2020 at Applebees – breakfast from 8-10am.

Councilman Howell reported the rec center renovations are coming along good. The tile floors look good. Siding company is still working on the exterior. The county sponsored bridge meeting – the new travel lanes on Highland Avenue will keep 2 lanes in both directions. Detour plan (in the planning stage) is: Rte 211 down Shoddy Hollow road to New Vernon road to Rte 211 up to Tally Ho to Mount Hope road then that would bring you back to the opposite side of the bridge on Highland avenue. That’s an 11-mile detour. 6-8 months is the projected time frame to get that construction done. A lot of business owners were discussing the by-pass which would be Kelly Hill up to Highland Avenue. The firemen from Otisville were there & stressed that point on the emergency services aspect. He thinks we should join in their concern to get that by-pass opened. The weight limit for commercial vehicles on the bridge is a concern. He asked what the county’s plan is to enforce the weight limit to preserve the bridge to get to the estimated start date 6-2021.

 

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The answer from the consulting firm was ‘we did the bare minimum according to NYS standard and posted a weight limit’. Now they’ve washed their hands of it. In his opinion, it falls to our law enforcement to enforce it which our resources are at their capacity. He spoke to County Legislator Tom Faggione after the meeting to have a round table: to have Tom, someone from the county to meet with us, someone from the sheriff’s office or state police office – something to help us with the enforcement aspect of it. If you over weight the road, you’re going to compromise the structure. We can’t rely on our police with no assistance. The county doesn’t even want to ask for assistance. The other point was additional signage. Legislator Sutherland said it was too confusing to have signs up. He disagrees with that especially from driving with commercial vehicles. To have a posted detour or have additional warnings of it is gonna help to get that truck traffic off the bridge. He’d like to come up collectively with a plan that will assist with the preservation of that bridge so heavy tuck traffic doesn’t damage it. If that bridge closes 6 months to a year ahead of time, it’s gonna put a strain on local businesses & emergency services. If we can stay ahead of the curve and keep things going in a positive manner, it’s gonna benefit the community and the county at least fiscally to the county. The projection is to have a 2^nd meeting. It wasn’t planned before Thursday evening but the consulting firm with the county’s opinion is that they’ll have something somewhere down the line.

Supervisor Volpe reported that 9 months ago he, Dean & Mayor Wona met with the county down at the county when we 1^st saw the plans this bridge. We offered our services and the village services to re-open that road. His opinion is we’re trying to be proactive. The county just pulls out maps and looks at them. The county is saying its not enough room there to make a turn there. We thought it would be the easiest solution. Let’s open it now and take some of the weight off that bridge. The original weight limit signs were supposed to be 18 tons then it went to 15 tons. We explained to the county that we don’t have scales. It needed to be commercial vehicles. We asked for 6 signs to be located exactly where the weight limit signs are & they came back with 2 signs and they were spelled wrong. They fixed that and now we still have the 2 signs that are currently there. Two weeks ago he and Dean met with the engineer again reiterated that the #1 concern we have is to service our residents. Opening that road in his opinion is the only option. We’re not shutting that bridge down for a week. He doesn’t see why being in the western part of the county that all of our residents have to be…..and again we’re trying to be proactive. Spring is coming, let’s get the road open. We offered our highway departments. If you look really closely – you can still see the asphalt. It can be re-opened. If they want us to donate a stop sign, we’ll do that.

 

HIGHWAY DEPARTMENT:

Supt. Hassenmayer reported he has a request for the public event for the fair. He informed the board that the county is also replacing the Carboy Road bridge this summer. Next year the County 18 bridge over the railroad tracks needs full reconstruction. Rec center – the kitchen cabinets and counter tops should be in tomorrow. He should have 2 bids for the bathroom partitions by next meeting. He’s had the guys out cutting trees in this nice weather. We’ve gotten a lot of dead trees down in the last week. He noted the ash trees disease. We’ve been fortunate with the weather. He needs executive session. Councilman Jennings spoke re: hand dryers in the restrooms leavings drops on the walls. He inquired about getting a plate for this. Dean will ask for those when he gets the estimates for the partitions. Councilman Jennings asked if the appliances that were ordered are up to the electrical standards. Dean: yes – they were all planned with our electrician. Councilman Jennings asked about the sink hole by the senior center by the post. Dean added that it was filled in once – they’ll have to put some concrete in it in the summer. The cold patch settled.  

 

POLICE DEPARTMENT:

Deputy Chief Maresca introduced Arthur Bongiorno. He is recommended for the part time non-competitive position pending passing some other tests effective February 18, 2020. He requested executive session.

 

MOTION TO APPROVE HIRING ARTHUR BONGIORNO AS PART TIME NON-COMPETITIVE POLICE OFFICER:

MOTION offered Councilman Carey 2^nd Councilman Furman to approve hiring Arthur Bongiorno as a part time non-competitive police officer pending passing pre-employment obligations effective 2/18/2020. All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.

 

VILLAGE OF OTISVILLE:

Trustee Loeven spoke re: 11-mile detour for bridge. If there was an emergency at the school – emergency vehicles and police have to go 10 miles to get there. She’s had calls from people about why the village park is closed. The park has been closed in the winter for years. We’ve had a mild winter. We’ve already discussed the fact that we want to change around the way we are doing things but the way the calendar fell, we haven’t had a meeting in 3 weeks. They have a meeting this week and they will discuss it – perhaps have it closed only when there is snow on the ground. Councilman Carey asked if Diane could get this information out on their website. She spoke re: village yard sale. She knows the Chief likes to get the application in to the county to get a permit to have one way traffic on Highland Ave and Seybolt Avenue. We’ll have to re-group a little bit because of the bridge being out. It’s not going to affect those 2 portions of highway. The application can be sent in the way it was for the last 2 years. The seniors are having a winter boutique at the senior center on 2-8-2020 from 9-3pm.  

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ZBA VACANCY:

Councilman Furman recommended Kenneth Hilley to fill the vacancy on the zoning board of appeals.

 

MOTION TO APPOINT KENNETH HILLEY TO THE ZONING BOARD OF APPEALS 2^ND ALTERNATE POSITION:

MOTION offered Supervisor Volpe 2^nd Councilman Carey to appoint Kenneth Hilley to the 2^nd alternate position on the ZBA. All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.

 

PROPOSED LOCAL LAW TO ALLOW ALCOHOL IN TOWN FACILITIES:

Supervisor Volpe explained that the local law is to introduce allowing alcohol in town facilities. He printed out other municipalities contracts that allowed alcohol. On page 1: big highlights: Town of Mount Hope residents only.  Then, we’ll will know who is renting it and the type of function it will be.  Page 2: he started with a price of $250 for an 8,000 sq. ft. building. Looking at other places – the closest size-wise is T/O Wallkill which is $450 for a half day and $800 for a full day & additional $100 to use kitchen. He noted a non-refundable security deposit. If we went with $250, you would have to pay the non-refundable security deposit – if you look at the bottom, the balance is due 2 weeks before the event. 2 weeks prior to event you give the $100 then when you come to pay the rest – you’re only paying $150.  If you end up not showing up, we at least make something because we are cutting other people from the public out from wanting to rent it. That’s one of the issues we have with the senior center. Two Fridays in a row that Paula worked (Kathleen wasn’t here) she was calling the whole day trying to get the person to come in and get the key. These are his recommendations. Councilman Carey asked about using credit cards for this. If it’s $250 to rent and $100 non refundable security deposit -is that gonna be 2 separate transactions? Supervisor: yes. Carey: the non-refundable for booking the date is another $100. Are we talking $450? Supervisor: You’re charged $100 for booking it, $250 total – you’re gonna pay the other $150 which is for the use of the building and then the deposit is $100. That $100 you’re getting back when you give us building back/return key. Supervisor also noted that a certificate of liability and alcohol agreement. Page 3: ‘if alcohol is to be served at any function, liability policy of $1,000,000.00 is to be provided’. A signed alcohol agreement is required. He noted other requirements of the contract. There’s also a consumption of alcohol agreement basically with a checklist. He is 100% with kind of changes. He asked the board members to email him with ideas for changes. He asked Dean how the park rental agreement is. Dean stated it is basically like the senior center agreement. Councilman Carey asked if someone rents the center, and you have another resident that wants to go in and use the exercise equipment, are they renting the building? Supervisor: I don’t know how to answer that but I’m gonna say probably yes, they’re gonna be able to go in there. I want the exercise part to be open. Attorney Bavoso stated that you could always put an addendum on to that application – a specific identification of the location that can be rented. Supervisor added that he was the fitness center to be open to the public at no charge – 18 hours a day access. Councilman Carey added that he’s not sure that they did the door that goes between the 2; not sure if that’s card accessed or not. Supervisor: no. Carey: if we can add that, possibly, the wiring guy is not gonna be happy with this request. But, if we could add that where people can come in and exercise but can’t go to the party and where the party can’t go into the exercise room.  

 

MOTION TO SET PUBLIC HEARING FOR LOCAL LAW #3-2020 ENTITLED: TO ALLOW ALCOHOL IN TOWN FACILITIES:

MOTION offered Councilman Furman 2^nd Councilman Carey to schedule a public hearing for proposed local law #3-2020 entitled To Allow Alcohol in Town Facilities for February 18, 2020 at 7:30pm in the town hall meeting room.  All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.

 

MOTION TO APPROVE MEMORANDUM OF UNDERSTANDING WITH FCI OTISVILLE:

MOTION offered Councilman Furman 2^nd Councilman Carey to approve the Memorandum of Understanding with FCI Otisville for 2020. All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.

 

MOTION TO ADOPT LOCAL LAW #2-2020 ENTITLED: AMENDING THE ZONING LAW OF THE TOWN OF MOUNT HOPE:

MOTION offered Councilman Howell 2^nd Councilman Carey to adopt Local Law #2-2020 entitled: Amending the Zoning Law of the Town of Mount Hope. (attached) All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.

 

VOLUNTEER APPRECIATION DAY:

Board agreed on April 20, 2020 meeting to move it to the youth center for Volunteer Appreciation Day.

 

MOTION TO APPROVE MOVING THE MEETING PLACE FOR THE APRIL 20, 2020 MEETING:

MOTION offered Councilman Howell 2^nd Councilman Furman to move the April 20, 2020 town board meeting to the Youth Center located at 7-11 Baker Street, Otisville from the Mount Hope town hall. Meeting time is 7:30pm. All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.

 

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LIONS CLUB 2020 FIREWORKS APPLICATION:

Supervisor Volpe noted he received the application for fireworks on August 23, 2020 from the Lions Club. He would like to have the application all together before the board votes on it. Dean received his also. He would like to table this. Councilman Carey: with this application, when we do our community day that’s not technically as the 2^nd application. Supervisor: yes it is. Carey: From a centennial meeting, I believe there was discussion on having fireworks in the village for the centennial. I want to bring that up in advance, so we don’t cross this bridge next January and we say you can have it – you can’t have it – better luck next year.  Supervisor: are they having the fireworks in the village – if they are, it doesn’t matter. Doesn’t affect anything. Ms. Loeven: the last I heard they were exploring the idea of doing it at the village park only if the ground (inaudible). Councilman Furman: because they filed their application 1^st and somebody came in behind, are we still honoring that? Supervisor: yes. We always have and I don’t see any reason why we wouldn’t.     

 

LIONS CLUB EASTER EGG HUNT PARK RENTAL APPLICATION FOR APPROVAL:

Supervisor Volpe asked what the dates is for the Easter egg hunt. Town Clerk: April 4 with a rain date of April 5^th. Supervisor: we don’t need to do anything with it? H’way Supt.: I don’t believe so due to the # of people they expect. It’s a public event but it doesn’t meet the threshold of 1500 people.

 

LIONS CLUB OTISVILLE COUNTRY FAIR REQUEST:

Supervisor Volpe noted the request for the fair dates – 2 full weeks, 15 days. Councilman Jennings: set up and break down. Councilman Carey asked how this interferes with summer rec. H’way Supt.: just a note, it does specify the pavilion is only 4 days of the fair but they’re reserving access to the property for set up and break down. Supervisor added – the park is not closed to the public. Days for the pavilion is 8-20 thru 8-23. Carey: they’re looking for access to the park but does this interfere with summer rec? He asked Jim if they were gonna park equipment in there. Councilman Jennings: no equipment. Saturday before the fair starts we start setting up. Nothing is on the property until the following week. Supervisor: there’s a lot less on our property than the village property. Councilman Carey has a couple concerns with this request. Little league came to our town board meeting and a village board meeting asking for help setting up the fields, getting clay ready and asking for more hands on from the village and town. I want to make sure this 1 weekend, 4 day event isn’t going to interfere with that in any way, shape or form. That’s my concern because I know they are coming to our meeting and going to the village meeting to ask what the town and village is gonna be able to do. Supervisor: normal little league – it’s not gonna interfere at all. All stars end usually around the week of July 4^th. Fall ball is something they just started doing. Little league is usually around April 20 & ends usually Father’s day and then all stars starts.

 

MOTION TO ALLOW OTISVILLE COUNTRY FAIR TO RESERVE THE PARK  8-15-2020 THROUGH 8-30-2020:

MOTION offered Councilman Furman 2^nd Supervisor Volpe to allow the Otisville Country fair to reserve the park for the country fair from 8-15-2020 through 8-30-2020.  All in favor: Howell, Carey, Volpe, Furman; Abstained: Jennings; carried.

 

MOTION TO AUDIT THE CLAIMS:

MOTION offered Councilman Jennings 2^nd Councilman Howell to approve the following bills (Abstract #4 & #5):

ABSTRACT #4:

GENERAL A:      #56-62               $12,726.38

HIGHWAY:         #17-20               $  1,244.97

SEWER:            #7-8                  $  2,850.00;        and

 

ABSTRACT #5:

GENERAL A:      #63-70               $63,174.19

GENERAL B:      #7-8                  $  3,433.19

HIGHWAY:         #21-22               $23,462.59

SEWER:            #9                     $  1,086.27.

All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.

 

PUBLIC PARTICIPATION:

Diane Loeven: Its’ written for a specific building? Attorney Bavoso: the way the law reads is that alcoholic beverages are prohibited in all town facilities included but not limited to parks/green areas without the approval of the town board. The town can basically set a list of…they would have to fulfill the application requirements. The law reserves the right of the board that they can change the application by resolution.  She asked about the booking deposit of $100, not refundable but the security deposit is refundable? Supervisor: yes. Total cost if board agrees – is $350 but $100 is refundable.

 

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MOTION TO ENTER INTO EXECUTIVE SESSION:

MOTION offered Councilman Furman 2^nd Councilman Carey to enter into executive session at 8:40pm for a police personnel issue and a highway department employee issue.  All in favor:  Howell, Carey, Volpe, Furman, Jennings; carried.

 

MOTION TO RECONVENE REGULAR MEETING FROM EXECUTIVE SESSION:

MOTION offered Councilman Furman 2^nd Councilman Howell to reconvene the regular meeting from executive session at 9:15pm.  NO ACTION WAS TAKEN IN THIS EXECUTIVE SESSION. All in favor:  Howell, Carey, Volpe, Furman, Jennings; carried.

 

BOARD COMMENTS:

Councilman Carey would like to decide on a date for the Community Day for the next meeting. He has already gotten questions on the Summer Rec program. He has a call in about the grant for the concert series.

Councilman Jennings informed everyone of the Lions Club Frost Festival on February 16, 2020 from 1-4pm at the Pierson Farm.   

Supervisor Volpe will start ordering some equipment for the work out room. Angie will start working on it tomorrow. I will get most of it from Amazon. He will get the tables and chairs from Sam’s Club. He’s like to get rectangle & round tables.

 

MOTION TO ADJOURN MEETING:

MOTION offered Councilman Furman 2^nd Councilman Howell to adjourn the meeting at 9:19pm.  All in favor: Howell, Carey, Volpe, Furman, Jennings; carried.

 

The next meeting is scheduled for February 18, 2020 at 7:30pm at Town Hall.

 

Respectfully submitted,

 

Kathleen A. Myers, RMC

Town Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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LOCAL LAW NO. 2 OF 2020

A LOCAL LAW AMENDING THE ZONING LAW

OF THE TOWN OF MOUNT HOPE

 

1. Intent:

The intent of this local law is to amend certain provisions of the Zoning Law of the Town of Mount Hope.

 

2. Legislation:

The following language of the Sign Regulations of the Town of Mount Hope shall be modified as follows:

1. 250-21(B)(2) and §250-21(B)(3) shall be removed from the Zoning Law.

 

2. 250-14(C) shall be amended to state: “Single-family dwellings. One single-family detached dwelling, not to exceed one dwelling on each lot. However, on lots which have sufficient lot area to be subdivided in accordance with the bulk table requirements for that particular zone, a second single-family detached dwelling shall be permitted, provided the second dwelling is situated such that it meets all the requirements in the zone in which it is located for a potential future subdivision. It must be in single ownership with the main building on the lot. Any proposed second single-family detached dwelling as permitted herein, shall require Planning Board approval. If either single-family dwelling is to be sold, subdivision approval must be obtained from the Planning Board. 

 

3. 250-61(A) shall be amended to state: “Accessory Apartments. A special permit may be granted by the Building Department to permit accessory apartments. It is the specific purpose and intent of this provision to provide the opportunity for the development of small, rental dwelling units designed, in particular, to meet the special housing needs of single persons and couples of low- and moderate income, both young and old, and of relatives of families presently living in the Town. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town’s existing stock of dwellings to provide economic support for present resident families of limited income, to protect and preserve property values and to maintain the single family character of the residential districts of the Town of Mount Hope without the over-utilization of the land.”

 

 

 

 

 

 

 

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4. 250-15(A) shall be amended to state:

 

1. Fences and walls:

• Fences installed as part of a commercial use or application shall not exceed eight (8) feet in height unless otherwise expressly provided for in another section of the Zoning Law of the Town of Mount Hope.
• Fences installed as part of a residential use or application shall not exceed six (6) feet in height when erected in side or rear yards and not over four (4) feet in height when erected in the front yard unless otherwise expressly provided for in another section of the Zoning Law of the Town of Mount Hope.
• Shall conform to corner lot requirements where applicable.
• Shall be measured from the ground level at the base of the fence, excepting that where there is a retaining wall the height shall be measured from the average of the ground levels at each end of the retaining wall.

 

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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