The regular meeting of the Town Board of the Town of Mount Hope was held at Town Hall on July 5, 2016 at 7:30pm with the following present: Supervisor Chad Volpe, Councilman Matt Howell, Councilman Brian Carey, Councilwoman Janet Sutherland, Town Clerk Kathleen Myers. NOT PRESENT: Councilman Dominick Cambareri
OFFICIALS PRESENT: D. Bavoso-Attorney, D. Hassenmayer-Highway Supt., P. Rickard-Police Chief.
Following the Pledge of Allegiance, Supervisor Volpe called the meeting to order at 7:30pm. He asked for audience to silence their cell phones.
RESOLUTION TO ACCEPT PRIOR MEETING MINUTES:
MOTION offered by Councilman Carey 2nd by Councilman Howell that the minutes of the June 20, 2016 meeting as submitted are approved. All in favor: Howell, Carey, Volpe, Sutherland; carried.
- Letter from Planning Board re: establishing moratorium on cluster zoning
- 2015 & 2016 Summer Recreation budget worksheets
- Complaint re: 199 Shawangunk Road
- Letter from Hidden Valley Water re: annual surcharge
- Letter from O&R re: coordinating paving with underground gas/electric projects
- Fireworks applications: Mike Romano & Otisville Lions Club
- Police budget modification
- Amended Park Pavilion Rental Contract/Policy – for approval
- Email & complaint re: Mountian Rd. across from #1762
- Palmer’s Ark impound report June 2016
- Building Inspector report June 2016
- Supervisor’s office budget modification
- Mount Hope Fire Co. report June 2016
Councilwoman Sutherland reported that Lucy Joyce will be coming.
Councilman Carey reported Little League is in All Star games. He thanked Dean for the clay for the fields. Summer Rec started today. Everything went smooth. Extended hours went well. He referred to the prescription drop box that the PD is doing. He asked the Chief if he reached out to Devan’s Gate. Chief stated fliers were given to him (Mr. Carey) by Chad to drop off. Councilman Carey would like to meet with the Chief and Janet to go down and pick stuff up. Chief: he spoke with Chad about this and they were going to set up a date to go down and do this collection.
Councilman Howell – no report.
HIGHWAY DEPARTMENT by Supt. Hassenmayer:
Supt. Hassenmayer reported: the floor in the foyer will be leveled tomorrow starting at 6:00am. He will post on the doors for the public to use. Front door will have to be closed for 24 hours. He was questioned previously by Matt about the warranties on the loaders. The CASE has a 3yr. full coverage bumper to bumper 3,000 hours; the John Deer is charging extra for a 4 yr/ standard warranty is 1 year/1,000 hours. We have 2 CASEs now. One is 21 yrs. Old. The other is 10 yrs. old. The pavilion contract Section 3, Article B was left off. This was put in last year to keep people from using tarps and electric heaters. The summer help has been working on the trucks. 2 guys were assisting Deerpark today with paving. In 2 weeks we’ll be repaying a favor to Minisink. The end of the month we’ll repay Greenville with help with paving. Supervisor referred to the park pavilion contract and adding back in the section Dean spoke about. Supt. Hassenmayer spoke about the small pavilion by the football field and possibly raising the $50 fee. He thinks $75 for the large pavilion is fair. Supervisor: the smaller one should stay the same.
MOUNT HOPE FIRE:
Wayne Melton read report into record.
POLICE REPORT by Chief Rickard:
- Picked dates with the board for the prescription pick up at Devan’s Gate: July 13 at 4:00pm and August 16 at 4:00pm.
- Budget modifications for STOP DWI reimbursement.
- He requested executive session.
VILLAGE OF OTISVILLE by Trustee Loeven:
- She thanked the summer guys for watering the planter across from Dr. Roeder’s office that the Eagle Scout made.
- She spoke of several complaints received for commercial grade fireworks going off in the village. Chief stated there were 5 calls town wide, 3 were from Field Road. Two were associated with the same person. Each time the officers didn’t note any fireworks coming from that location but they did speak with the residents. She added that last night from 7:40 to 10:20 they were non-stop. These are not just backyard fireworks. She asked for the Chief to make a note for next year to check that area in particular. Councilman Carey added that you can go to Pennsylvania now with NY driver’s license and buy them. Mr. Carey asked what would be done if you pull up to a residence and see the fireworks. Chief: confiscate them. Councilman Howell added that someone asked him about fireworks coming from near Howells Cemetery. The person made a call for police (he doesn’t know if they called 911 or the station) and was told the cops are busy – don’t worry about it. Howell asked if this is normal? Chief stated it wouldn’t have been 1 of our people because there wouldn’t have been anyone at the station to answer the phone. He will follow up with 911 because that’s not an appropriate response. Howell asked if this would hold true, if the call came through at 11:58, would the officer respond or go home? Chief: generally they don’t mind that because they would get overtime. Once we go out of service, they would call the next department. He will follow up with 911.
PARK PAVILION RENTAL CONTRACT/POLICY:
Supervisor Volpe asked board for comments. Everyone was ok to vote.
RESOLUTION TO AMEND PARK PAVILION RENTAL CONTRACT/POLICY:
MOTION offered by Councilman Howell 2nd by Councilman Carey to approve the Park Pavilion Rental Contract/Policy as amended and to add back the section with regard to electrical heaters and tarps. All in favor: Howell, Carey, Volpe, Sutherland; carried.
Supervisor Volpe spoke re: payroll line in budget to pay summer recreation employees. A budget line needs to be created for payroll B7310.1.
RESOLUTION TO CREATE BUDGET LINE:
MOTION offered by Councilman Carey 2nd by Councilman Howell to create Summer Recreation payroll line B7310.1 for the budget. All in favor: Howell, Carey, Volpe, Sutherland; carried.
RESOLUTION TO APPROVE SUPERVISOR’S BUDGET MODIFICATION:
MOTION offered by Councilman Carey 2nd by Councilman Howell to approve the following modification:
Decrease revenue B2001 by $48,000.00 AND Increase Summer Rec. B7310.1 by $48,000.00. All in favor: Howell, Carey, Volpe, Sutherland; carried.
Supervisor Volpe stated that Mike Romano came down. We were missing a few things form the packet. Everything was complete by the 28th. The next day he came with everything we needed for the Lions club fireworks. Both packets are now complete. He recommends approving both applications tonight. Councilman Howell asked Wayne Melton if anyone here could answer fireworks questions. Melton: they are all out but he would do the best he could to answer any questions. Howell asked about the green dumpster across from the 4H driveway. He asked if that was where the fireworks were going to be shot off. Melton: no that’s for the larger tubes but that’s where the dumpster was left. It will be moved to where it is on the plot that they gave you guys. Supt. Hassenmayer stated that he placed the dumpster there. John (Doty) will put it where he wants it. He explained how sand is packed around tubes for the larger fireworks.
RESOLUTION TO APPROVE FIREWORKS ON JULY 10 & AUGUST 28, 2016:
MOTION offered by Councilwoman Sutherland 2nd by Councilman Carey to approve the fireworks displays on July 10th and August 28th, 2016. All in favor: Howell, Carey, Volpe, Sutherland; carried.
RESOLUTION TO SIGN FIREWORKS APPLICATION FOR MIKE ROMANO/JULY 10, 2016:
MOTION offered by Councilman Carey 2nd by Councilman Howell to authorize Supervisor Volpe to sign the firework permit for Mike Romano for July 10, 2016. All in favor: Howell, Carey, Volpe, Sutherland; carried.
RESOLUTION TO SIGN FIREWORKS PERMIT FOR LIONS CLUB/AUGUST 28, 2016:
MOTION offered by Councilwoman Sutherland 2nd by Councilman Carey to authorize Supervisor Volpe to sign the firework permit for the Lions Club for August 28, 2016. All in favor: Howell, Carey, Volpe, Sutherland; carried.
RESOLUTION TO APPROVE POLICE DEPARTMENT BUDGET MODIFICATION:
MOTION offered by Councilwoman Sutherland 2nd by Councilman Howell to approve the following modification:
Increase revenue A3389 by $601.44 & Increase Police P/S A3120.1 by $601.44. All in favor: Howell, Carey, Volpe, Sutherland; carried.
Supervisor Volpe asked if board members received the planning board letter re: cluster zoning moratorium. He asked for any questions. There were none. He asked the attorney what next step would be. Atty. will have everything ready for the next meeting.
SENIOR CENTER VIOLATION FROM NYS DEPT. OF LABOR:
Supervisor Volpe spoke re: an inspection a couple weeks ago at the senior center with a couple violations: exhaust fan in one of the bathrooms, emergency lighting not working and needing a fire extinguisher in the kitchen. We are waiting for the inspector to come re-inspect. Town Clerk added that the exit maps are not yet posted. Chief Rickard will take care of it tomorrow. Supervisor: we are ready for inspection.
Supervisor Volpe asked if anyone had questions on the request from Dean. Councilwoman Sutherland stated she will be abstaining from this vote as Hoffman Equipment is a family business. Supervisor asked which price was the lower price. Supt. Hassenmayer stated John Deere is lower price. They have CASE now and they have a better warranty. Supervisor asked what his recommendation would be. Supt. Hassenmayer stated he would prefer the CASE.
RESOLUTION TO APPROVE PURCHASE OF CASE FROM HOFFMAN EQUIPMENT:
MOTION offered by Councilman Howell 2nd by Councilman Carey to purchase the CASE loader from Hoffman Equipment for $156,052.15. All in favor: Howell, Carey, Volpe. ABSTAIN: Sutherland. Motion carried.
RESOLUTION TO AUDIT THE CLAIMS:
MOTION offered by Councilman Howell 2nd by Councilman Carey to approve the following bills for Abstract #13:
GENERAL A:#380-406$ 46,999.84
GENERAL B:#76-87 $ 17,163.62
All in favor: Howell, Carey, Volpe, Sutherland; carried.
- Connor Wilson: (Smoking Grate BBQ) he would like to be a food vendor at the fireworks on July 10th. Supervisor Volpe wasn’t sure who the point person would be. Mr. Wilson is located in Otisville. It’s a mobile food establishment. He has all the proper permits. He is looking for approval to set up at the fireworks. Supervisor Volpe stated the board could approve it pending whoever is hosting it. Wayne Melton added that the MHFC was going to assist with parking and if it’s ok with the board we can direct him. Supervisor: is the fire company doing it or not? Melton: we will be assisting. We have mutual aid departments lined up. Atty. Bavoso asked the entity that actually submitted the application. Supervisor: Mike Romano. Atty. Bavoso asked if in the application there was any provision for vendors. Supervisor: no. Atty. Bavoso: the town board can approve it subject to an updated narrative stating where the food vendor is going to be and the ability to show permits. Supervisor: if the town has a stake in it then Paul & I can come up with where food vendors can go. He asked board members if they had any issues with this. He asked Mr. Wilson for a certificate of Insurance naming the Town of Mount Hope on it. Mr. Wilson added he has all other permits required.
RESOLUTION TO ALLOW SMOKING GRATE BBQ TO BE A VENDOR AT FIREWORKS 7/10/16:
MOTION offered by Councilman Howell 2nd by Councilwoman Sutherland to approve Smoking Grate BBQ pending proof of insurance and amendment to the application. All in favor: Howell, Carey, Volpe, Sutherland; carried.
- Wayne Melton: He thanked highway supt. for the new road. He also asked if there will be extra police help for the fireworks. Supervisor Volpe: it’s already approved.
- Lucy Joyce: announced the following: July 20 4H activities, July 23 Family Fun Day – she has fliers to leave with Kathleen; July 23 fruit pie bake off & decorated cake entry form – entries are due soon. Construction flyer update was sent out. 1st annual golf outing sponsored by the Orange County Highway Supt. on July 12, proceeds are going to the construction of the park; 4H showcase is the 20th -24th, 9-17-16 is the Bountiful Harvest, Oct 22nd 3rd annual Duck Derby at the D&H Canal & 3rd Annual 4H farm toy show. Supervisor Volpe asked Atty. Bavoso where we are with the contract with Cornell. Atty. Bavoso stated he’s been in contact with Rick Golden. He will reach out to him again. You can publicize the idea but not the terms. Supervisor explained he met with Lucy a couple weeks ago. There was an issue with alcohol on town property. 4H is constantly looking to move forward and raise money, it looked like it would be a win-win if we subdivided a piece of property that Cornell has and sold it to them. We could recoup what we paid for it. Nobody could buy the property because there’s a 100 year lease on it. There are concerns with town people spending too much/not enough time there. There’s also the alcohol issue. If Cornell owns the property, there wouldn’t be any concerns and they could sell alcohol. Benefits for both sides: Cornell is not going anywhere. We still get to reap all the benefits from having 4H there and we don’t have to micro-manage. Total acreage approx. 56 acres out of 83. Once there is an offer we will announce sale price. The town will not lose a penny.
- Mary Maurizzio: was recently informed of a facebook posting by Mount Hope fire company that they will not be sponsoring the 4th of July fireworks. She wanted to ask Mr. Melton why. Supervisor Volpe stated that public comment is for the board. She asked if a fire company will be there to address any issues that arise. Supervisor Volpe: they will be there for everything. She asked who put in the application for the July 10th fireworks. Sue Marshall put in for the August 28th for the fair on behalf of the Lions Club. Supervisor stated Sue Marshall put in for the August 28th & Mike Romano put in for July 10th fireworks on behalf of himself.
- Lance Davoren: He received a letter from the Chief re: hiring process indicating to take an agility test 1st for possible hiring in PD. Mr. Davoren stated he believes the Police Department has hired people since then that have not taken the test. He would like to know the rules. Does it depend who you are? Supervisor Volpe stated that 6 applicants for a hiring were sent a certified letter inviting them to take the fitness test. It’s contractual as to when you were hired whether or not you need to take it. Davoren: since 2012, the letter indicated you had to take it. Why do some have to take it and some don’t? 83
Supervisor explained if you were hired prior to 2012, you didn’t have to take the test. Davoren stated there have been guys hired since 2012 that have not taken the test. Supervisor: I would need to know who, when. Chief: You’re not a police officer. If you’re a competitive police officer, you do not have to take the test because you were a competitive police officer at the time. He’s not sure who specifically he’s talking about but there’s different procedures for different people depending on their status at the time. Those that are not competitive that are not police officers at all, you fall into that. You have to pass a Cooper’s Standards test. Davoren: the deputy chief was not a police officer when he came. Did he take the test beforehand? Chief: if you want to submit your questions to David… Davoren: he said he doesn’t represent you. He blocked me the last time from talking to you. Atty. Bavoso didn’t say he didn’t represent him, he said he represents the town. He will occasionally send you correspondence without it going through him. Davoren: it doesn’t work like that. Atty: it does work like that. Davoren: you don’t represent him then you don’t. You stopped me from talking to him last time. Atty: it’s the preference of the police chief that the questions go through me. Submit your specific questions to me, I’ll get you an answer. Davoren: the next question was are you hiring – he said no. But he hired somebody. Are you hiring or not hiring? Supervisor Volpe: we are always hiring. Davoren: Chief said no – twice. Then he hired. I’m wondering if it’s a black or white thing that the chief is running. Supervisor: I don’t know of anyone else that has come and said they filled out something. We had 1 person show up to the Cooper’s standard test. 1 out of 6. A letter was sent to everyone who had an application on file. Davoren: when the deputy chief came in he wasn’t an officer at the time. Why is he working? Supervisor: that was prior to me. Davoren: the letter says that and now he’s changing the rule to benefit himself. Councilwoman Sutherland: I have complete faith in the Chief and our police department. I was going to say that in board comments when you guys responded to my house a couple weeks ago at almost midnight.
- Frank Ketcham: He asked about the law with regard to the gatherings at the park. Is it for mass gatherings? Supervisor Volpe: mass gatherings is already on the books. The number was too excessive for me – it was 2,000 people. This is just basically an application for renting the pavilion and we are just bringing the number down and asking if it’s public and we’re going to have food vendors, health department then it’s going to need to be voted on by the town board. The application changes are basically to keep the town board in the loop. All the private rentals stays the same. This is for the public things.
Ketcham: asked for update on Time Warner. Atty. Bavoso: we’ve been directed to the right office and are awaiting a response from them. Ketcham: As an interested party to Deerpark Commons – have you heard anything? Supervisor: received a stack of maps, big set of plans. Ketcham asked about 7 Peaks 49 house sub-division. Atty. Bavoso: it’s a dead project. They have not been back for over a year at this point. Ketcham: is glad that public hearings have been scheduled for the old school.
- Diane Loeven: Seniors have a trip on July 17th and will be parking here at town hall. The garden club has a field trip planned for July 22. They park at Veterans Memorial park.
RESOLUTION TO ENTER INTO EXECUTIVE SESSION:
MOTION offered by Councilwoman Sutherland 2nd by Councilman Howell to enter into executive session at 8:27pm to discuss the employment history of a particular person, the discipline of a particular person and a contractual issue. All in favor: Howell, Carey, Volpe, Sutherland; carried.
RESOLUTION TO RECONVENE REGULAR MEETING:
MOTION offered by Councilwoman Sutherland 2nd by Councilman Howell to reconvene regular meeting at 9:25pm. NO ACTION WAS TAKEN IN THIS EXECUTIVE SESSION. All in favor: Howell, Carey, Volpe, Sutherland; carried.
Supervisor Volpe: we hope to have more information on Cornell/Lucy Joyce on the 4H proposal by next meeting.
At this time, Chief Rickard spoke. He’d like to hire a new officer, Maxim Sander. He’s T/O Wallkill police officer, graduated from Rockland County police academy, graduated Middletown high school. Wallkill resident, speaks creole. He’s familiar with the computer systems.
RESOLUTION TO HIRE MAXIM SANDER AS A PART TIME NON-COMPETITIVE POLICE OFFICER:
MOTION offered by Councilwoman Sutherland 2nd by Supervisor Volpe to hire Maxim Sander effective 7-15-16 as a part time non-competitive police officer. All in favor – Sutherland & Volpe. OPPOSED – Carey, Howell. This is a non-action.
TOWN BOARD COMMENTS:
Councilman Howell: No comments.
Councilman Carey: Spoke re: Cuddebackville fire and Mount Hope fire are hosting a blood drive on July 12 from 1:30-7:30. He informed everyone that LEGOLAND is having a public hearing on July 7 from 3-8 in Goshen. He noted the benefit from the sales tax from LEGOLAND.
Councilwoman Sutherland: she questioned the KC Engineering bills being back from October. Supervisor Volpe met with Wayne Howell – there seems to be communication issues between offices. Hopefully issue is resolved. Councilwoman Sutherland asked what happens with the new hire not being hired. Can we vote again when Dominick gets back? Supervisor: absolutely. Atty. Bavoso: you can vote on it as many times as you want to. It counted as a non-action because there wasn’t a majority of the total board in favor either way.
Supervisor Volpe: by next meeting he will have new building department hours. Julie Musial finished her training last week. She is fully certified to sign & inspect. There will be day time hours in addition to the night time hours. Hours will be put on the website.
RESOLUTION TO ADJOURN MEETING:
MOTION offered by Councilman Howell 2nd by Councilman Carey to adjourn the meeting at 9:32pm. All in favor: Howell, Carey, Volpe, Sutherland; carried.
Next meeting is scheduled for July 18, 2016 at 7:30pm in the Town Hall in the meeting room.
Kathleen A. Myers, RMO