Town Board Meeting June 21st, 2021

The town board meeting of the Town of Mount Hope was held at the Mount Hope Town Hall on June 21, 2021 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: Police Chief Rickard, Dep. Police Chief Maresca, Attorney Bavoso.

Following the Pledge of Allegiance, Supervisor Volpe called the meeting to order at 7:30pm.

MOTION TO ACCEPT PRIOR MEETING MINUTES:
MOTION offered Councilman Furman 2nd Councilman Howell that the minutes of the June 7, 2021 meeting are accepted as submitted. All in favor: Howell, Volpe, Jennings, Carey, Furman; carried.

CORRESPONDENCE:
1. Police budget modification
2. Supervisor’s report May 2021
3. Otisville fire department call history for May 2021
4. Palmer’s Ark impound report May 2021
5. Certificate of completion for Town Clerk class from Association of Towns
6. Community Advisory Board meeting minutes for June 15, 2021
7. Letter of request for pavilion use from Lions club re: carnival on Sept. 10, 11, 12

COMMITTEE REPORTS:
Councilman Howell attended the flag retirement ceremony put on by the VFW & American Legion on the 19th. They collect the retired American flags from the drop box at town hall & village hall. He read some articles put out by the Assoc. of Towns and had a couple questions for David. One of the articles mentioned a local law for PILOT programs for solar projects. David would like the article forwarded to him so he can read it. Councilman Howell noted in the AOT publication an article about local laws for the zoning for 5G cell towers. The article is specific to the 5G. The attorney believes we have a cell tower law on the books. He’d like to see that article.
Councilman Carey wants to come up with something as far as if someone has a complaint, someone doesn’t feel they want to come forward about a complaint – complaints that come in to this building need to be in writing. He wants to come up with something for our website & facebook page that’s kind of like a complaint/feedback for the departments. The one on the website is more of a feedback. He wants to tweak it. If someone wanted to write an email, they would click on a link and it would forward automatically to all the board members. Angie checked with the website guy and it would not be an issue. Sometimes Chad or Matt or anyone may get a complaint but not everyone knows about it. He walked into something over the weekend that’s been brewing for a couple years. In the 6 years he’s been on the board, it’s the 1st he’s heard about this issue. He would like for it to be more of an open communication for this. The summer concert series is coming up on July 6. It’s free. He hopes everyone had a good Father’s Day. The primary is for republicans, 6am to 9pm at the senior center. Middletown is having fireworks on July 2 at Davidge Park. Town of Wallkill is having them on July 4 at the fairgrounds. The county is having their freedom festival on July 17. Facebook hit 1700 likes and 1817 followers. He would like to request executive session for 2 employee things to discuss. He added that the time clock we purchased with the thumbprint might have been a good idea on paper but he thinks it’s a horrible idea – he doesn’t think it’s working out that great. He would like to maybe discuss moving that timeclock to the youth center utilizing it for the person that cleans our buildings and maybe getting an old school for here that actually stamps a card so there’s no program to go in to figure out who’s here/not here. He’s working on new flags in the board room.
Councilman Furman likes the banner on the wall and thanked Brian for that. MV youth football/cheerleading is having sign ups through June 30. You can register at minisinkyouthfootball.com – in person sign-ups are TBA. He added that there was a centennial celebration at the old school. It was great to see the different groups in this community come together and it was great to see how excited the kids were. He hopes we can do more community things like this.
Councilman Jennings spoke re: Lions club letter. Since Gov. Cuomo lifted most of the restrictions for NYS, we decided to try and do something for the Lions club. We usually do a fair but we don’t have enough time to plan for it. We’re going to do a little carnival in September. The only dates the ride company had was September 10, 11, 12. It will only be rides, food & live music. No craft vendors. Last Tuesday was the 1st community advisory board meeting at the prison. They went over the COVID protocols. The next village meeting is July 1 at 7pm. The next planning board meeting is July 21 at 7pm.

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POLICE DEPARTMENT:
Police Chief Rickard requested executive session for an employment related issue.
He explained the budget modification is for tow bills.
He spoke re: commercial vehicle enforcement.
He spoke re: district attorney’s recommendation is that no one should be using their personal phones – should be the department owned phones. The CARES act allows for some money for cell phones. We’re gonna be switching over to T-Mobile in the next month. T-Mobile is free – we just have to buy the phones. This is a 3-year program.
The community engagement team had their 2nd meeting. The issue they are dealing with is how to engage with the youth.
He spoke re: fireworks and Night Out Against Crime. He spoke to Mike Romano and it’s available. Need approval. Supervisor explained that we are allowed to have 2 fireworks shows per our local law. He would like to approve fireworks for night out against crime and Mike Romano is already in for the centennial on the 18th. That would be our 2 fireworks. The 1st night out against crime was very successful and it was tied in to a concert. What better way to end the night than to do fireworks! We are finally starting to see people come out. It will be a nice night. It will give us plenty of time to promote both dates for fireworks. Mike Romano normally donates one show and he’s still going to do that. The cost will be about $2500 for the 2nd show no matter which way you flip it. He’d like to have approval for Mike to do the fireworks for night out against crime for a total cost of $2500.

MOTION TO APPROVE FIREWORKS SHOW AT NIGHT OUT AGAINST CRIME:
MOTION offered Councilman Carey 2nd Councilman Furman to approve the fireworks at a cost of $2500 for the Night Out Against Crime on August 3, 2021. All in favor: Howell, Volpe, Jennings, Carey, Furman – motion carried.

VILLAGE OF OTISVILLE:
Trustee Loeven thanked everyone for their part in family fun day. Information mainly for the police department in case they get asked about it, is the intersection at the village hall has had a lot of accidents. The village put a formal request in to the county to do a study of the intersection to see what kind of mitigation they might be able to do to help alleviate some of the danger there. She had fliers for the Community Yard Sale on August 7th in the village. She left them with the town clerk.

MOTION TO SCHEDULE PUBLIC HEARING FOR MARIJUANA LAW:
MOTION offered Councilman Howell 2nd Councilman Carey to schedule the public hearing for the proposed local law #2-2021 entitled: To Opt Out of Allowing Cannabis Retail Dispensaries and On-Site Consumption Sites as Authorized Under Cannabis Law, Article 4 on August 2, 2021 at 7:30pm at town hall. All in favor: Howell, Volpe, Jennings, Carey, Furman – motion carried.

SMOKING IN THE PARK:
Councilman Howell stated that David had sent them 2 possible draft options for the in the park topic. The village will piggy-back. The attorney explained the posted park rules draft that he gave was specific to the park. Those would be a general set of rules for the park. The local law was essentially for all town property and not only did it prohibit smoking at the park but it also prohibits smoking within 25’ of any entrance to any town building. The park one is a little bit more of a short term whereas (inaudible) Supervisor Volpe suggested doing the park one for tonight. Chief Rickard asked if they could do the public hearing the park one the same night, August 2nd. Attorney Bavoso: the resolution for the park rules you can just adopt tonight and those are the rules. If you want to do the local law, you can set that public hearing for whenever. Councilman Jennings affirmed the local law would be for town buildings as well. Attorney: correct. Supervisor Volpe: do you want to set the public hearing for that night or do you not want to set the public hearing? Attorney: the board has another meeting to at least review the law and then set the public hearing.

MOTION TO ADOPT NEW RULES FOR TOWN PARK:
MOTION offered Councilman Furman 2nd Councilman Howell to adopt the new rules for the park effective immediately. (see rules attached to these minutes) All in favor: Howell, Volpe, Jennings, Carey, Furman – motion carried.

MOTION TO APPROVE MAY 2021 SUPERVISOR’S REPORT:
MOTION offered Councilman Jennings 2nd Councilman Howell to accept the May 2021 supervisor’s report as presented. All in favor: Howell, Volpe, Jennings, Carey, Furman – motion carried.

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MOTION TO APPROVE POLICE BUDGET MODIFICATION:
MOTION offered Councilman Carey 2nd Councilman Howell to approve the following modification:
Increase revenue A1520 police fees by $1,222.25 AND
Increase expense A3120.4 Police Contr. by $1,222.25.
All in favor: Howell, Volpe, Jennings, Carey, Furman – motion carried.

CORONA VIRUS LOCAL FISCAL RECOVERY FUNDS:
Supervisor Volpe spoke re: CORONA VIRUS LOCAL FISCAL RECOVERY FUNDS. President Biden passed the Corona Virus local fiscal recovery funds. He showed the board a couple months ago what the Town of Mount Hope is getting. We have to actually apply for it. We have to apply or decline. He has everything ready to go but did not want to apply if that is not what the board wanted. He doesn’t need a motion. Councilman Carey asked if we have to be specific what we’re going to use it for in order to accept? Supervisor: once we get it it’s going to cover all the guidelines of what it can be used for. Councilman Carey: and that money – part of it would go to the village – correct? Supervisor: correct. After brief discussion, the board members agreed to move forward with this.

MOTION TO AUDIT THE CLAIMS:
MOTION offered Councilman Howell 2nd Councilman Carey to approve the bills (Abstract 23 & Abstract 24):
ABSTRACT 23:
GENERAL A: #301-313** $ 76,112.65
GENERAL B: #50-52 $ 6,081.31
HIGHWAY: #99-101 $ 48,139.93
SEWER: #53-55 $ 1,597.14
ABSTRACT 24:
GENERAL A: #314-329 $ 6,235.08
GENERAL B: #53-56 $ 842.50
HIGHWAY: #102-104 $ 1,313.43
SEWER: #56-57 $ 223.05
HOWELLS FIRE: #1 $199,196.00
**WITH EXCEPTION TO ABSTRACT #23 – VOUCHER (#313) SUBMITTED BY EMPLOYEE #2.
All in favor: Howell, Volpe, Jennings, Carey, Furman; carried.

LIONS CLUB LETTER OF REQUEST FOR CARNIVAL:
Supervisor Volpe noted the Lions club letter of request that he received today and that they mailed it to Dean. He doesn’t know if the pavilion is rented on any of those days. Councilman Carey asked Diane if the village approved this at their last meeting. Ms. Loeven: yes. Councilman Carey’s concern is he knows we drained every dime we have for little league this year – we bought so much clay – his concern is damage to the fields, what’s going to be done about it if there is damage to the fields from trucks driving in there. He knows it says there’s going to be amusement rides and there’s only one entrance to there. These are village fields that normally get damaged, not town fields. He knows our softball field had issues before when they had animals; he wants to be sure if there is damage to it that there is a recourse to it. With our agreement with the village, we pay for all the clay and everything for the fields because that’s our agreement. He wants to be sure the damage would be fixed, if that happens. Supervisor is not sure it can be voted on tonight without knowing if the pavilion is available. The attorney added that the lions club should be filing an application like anyone else would to be able to use the park for that so that would include an indemnification agreement as well. Supervisor added that they have done that in the past but this is the only thing he’s received so far.

PUBLIC COMMENT:
Diane Loeven requested a copy of each of the proposed laws emailed to her and also the park rules. She asked Paul: if it’s not a local law and just a park rule, like – it’s always been there’s no alcohol in the park – is that enforceable by the police? Chief: yes, because it’s a town and there is a law that allows for the town board to set park rules. So, they would be violating the local law that the town board sets. Attorney: quoted a section of town law that says the town is able to set any rules & regulations for its own property so those rules would be enforceable by the police department. Ms. Loeven: I just have to make sure we have such a law. Attorney: if you adopt a law similar to that make it so that also NYS troopers can enforce.
Mary Maurizzio asked Councilman Jennings what the tentative times are for the carnival. Councilman Jennings: Friday 5-10pm, Saturday 1-10pm & Sunday 1-8pm. She knows Dean is on vacation; is there any way to quickly find out if the place is rented. Supervisor: no. She asked why. Supervisor stated he doesn’t have access to check it. She asked if tomorrow the deputy could. Supervisor stated he doesn’t know the difference it would make because the board doesn’t meet for 2 more weeks. She stated that it makes a difference to those that might want to be planning to be there as a vendor. He asked how we would get that information? She would call and get it for herself and her organization. Supervisor stated we probably won’t know until Dean is back from vacation.

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Councilman Jennings added that the only thing the pavilion is being used for is music. They wanted as little set up as possible. If they have to, they would bring tents down. Food vendors will be on village property. Supervisor: the general approval will not be done until at least the next meeting. She asked why the deputy doesn’t have access to the rental dates of the park. Supervisor: I’m sure they do but not to throw anyone under the bus, the Lions hasn’t even filled out the application for the board to approve. The application and insurance have to be on file before we can approve it anyway.
Alison Miller asked if the town had thought about doing any kind of ceremony to recognize that it’s been 20 years since September 11th. Councilman Jennings: we are looking in to it. He was thinking maybe two spot lights going up. Councilman Carey: we do have a local family buried at the Catholic church that happened to die on 9-11; he’s not sure they are still in the area.

MOTION TO ENTER INTO EXECUTIVE SESSION:
MOTION offered Councilman Carey 2nd Councilman Jennings to enter in to executive session for personnel at 8:02pm. All in favor: Howell, Carey, Volpe, Jennings, Furman; carried.

MOTION TO RECONVENE REGULAR MEETING:
MOTION offered Councilman Howell 2nd Councilman Furman to reconvene regular meeting from executive session at 8:55pm. NO ACTION WAS TAKEN AT THIS EXECUTIVE SESSION. All in favor: Howell, Carey, Volpe, Jennings, Furman; carried.

MOTION TO TERMINATE EMPLOYEE #2:
MOTION offered Councilman Howell 2nd Councilman Furman to terminate Employee #2 effective immediately. All in favor: Howell, Carey, Furman, Jennings; ABSTAIN: Volpe; motion carried.

BOARD COMMENTS:
Councilman Carey reported that Cornell Coop. Ext. is having a chicken BBQ on July 11 – they suggest you buy the tickets by July 1. Orange County Ag & Family festival is on July 11 from 10am to 2pm. It will be at the 4H park. There will be animals.
Councilman Jennings congratulated the 5th graders on their moving up ceremony. He congratulated all the kindergartners on their graduation as well.
Supervisor Volpe added that it’s really nice to see things re-opening and to see things coming back to somewhat normal.

MOTION TO ADJOURN MEETING:
MOTION offered Councilman Howell 2nd Councilman Carey to adjourn the meeting at 9:00pm. All in favor: Howell, Carey, Volpe, Jennings, Furman; carried.

The next meeting is scheduled for Monday, July 6, 2021 at 7:30pm at Town Hall.

Respectfully submitted,

Kathleen A. Myers, RMC
Town Clerk

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TOWN OF MOUNT HOPE
POSTED RULES FOR PARK USE

Hours of Operation
Town parks and recreation areas, or portions thereof as designated by the Town Board, shall be open to the public on such days and during such hours as the Time Board shall, from time to time, fix by resolution. Notice of such hours of operation shall be clearly posted at the entrance(s) to any such area. Town-authorized and sanctioned recreational activities or programs shall be exempt from the normal hours of operation as set forth herein or as adopted by resolution of the Common Council.

Prohibited Activities

• Loitering. No person or persons shall loiter or remain in or about a town park or recreation area during any time such area is not open to the public as such hours are designated by the Town Board.
• Parking. Except as permitted and only then in designated areas, no person or persons shall park a motor vehicle, motorcycle or recreational vehicle of any type in a town park or recreation area.
• Alcoholic beverages. It shall be unlawful for any person or persons to carry upon, have in their possession upon or cause to be carried upon any town park or recreation area any alcoholic beverage, including wine, beer or liquor.
• Glass containers. It shall be unlawful for any person or persons to carry upon, have in their possession upon or cause to be carried upon, sell or use upon any town park or recreation area any glass container.
• Smoking.
• Swimming, wading or bathing.
• Obstructing vehicular or pedestrian traffic.
• Congregating with other persons and refusing to comply with a lawful order of law enforcement officers to disperse.
• Creating, or causing to be created, a hazardous or physically offensive condition by any act which serves no legitimate purpose.
• Discharging or possessing firearms or fireworks unless specifically authorized by the Town.
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• Hunting or trapping.
• Picnicking or camping in areas not designated for such activity.
• Littering or dumping.
• Defacing of Town property.
• Vandalism.
• Engaging in violent behavior, fighting or threatening behavior.
• Making unreasonable noise.
• Selling, peddling, or hawking of food, beverages or wares without specific permit.
• Campfires or any fires not authorized by the Town Board.
• Using profanity, objectionable language, disorderly conduct or illegal or illegitimate activities are expressly prohibited.
• Motorized transportation of any kind (ATV, motorcycle, snowmobile, minibike), except for cars or trucks used on existing roadways.

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