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Town of Olive
County of Ulster
State of New York
November 20, 2000
Minutes of a special workshop meeting of the Town Board of the Town of Olive held Monday, November 20, 2000, 7:30 pm at the Town Meeting Hall in Shokan, NY. The purpose of the meeting as announced at the November 13th meeting was to meet with representatives from Olive CARES.
Members Present:
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Berndt Leifeld, Supervisor
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Cindy Johansen, Council Member
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Helen Chase, Council Member
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Bruce La Monda, Council Member
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Linda Burkhardt, Council Member
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Recording Secretary: Sylvia Rozzelle, Town Clerk
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Others Present: Drayton Grant, Counselor at Law
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Ms. Grant addressed the Town Board concerning the wireless law stating she wanted to discuss possibilities of changing the law. She stated the view shed should be considered in this local law. Supervisor Leifeld stated the Town Board does not take the view shed for granted and stated they will be willing to cooperate. He also noted that SBA has withdrawn their application for a wireless facility on town owned property. Additionally, he stated that Hemphill is further along with their application but have not submitted one at this time.
Ms. Grant noted that the town has to treat all applicants fairly and equally but noted local control over zoning, safety, and aesthetics has not been removed. She noted that a protection zone should be implemented to protect the reservoir. She noted that Marbletown created a zone where they did not want towers and would like the Town Board to consider this as an amendment. She stated page 12, Section G 6, gives the Town authority in this fact. She noted that co-location and tower height is way above the tree height and felt this should be looked at.
Council Member La Monda asked what the concern is in Section 8. Ms. Grant stated if the Town decides on a protective zone then this section wouldn't have to be addressed. Council Member Chase stated that if the tower could be kept off the ridgelines then the view shed would be protected. Ms. Grant stated her clients would like to make a discrete proposal that the Town Board would approve.
In general discussion, Council Member La Monda stated there is no prerequisite that a wireless facility must be on Town owned property. Council Member Johansen stated she doesn't feel that any company would want to build on town property since they would have to build a 300 feet tower and the town does not want this. Council Member Burkhardt stated the Town Board is only interested in seeing that Olive is covered per the Telecommunications Act. She noted the Town's concern is not to see that other towns are covered. Council Member La Monda stated the Board's decision to have co-locations was an effort to have less towers. Ms. Grant stated in respect to the view shed if towers are lower then they can't be seen as far.
Supervisor Leifeld stated that by including town property as a placement for facilities it allows the Town to have some control over placement and could also generate potential revenues; however, he stated there is not one person on the Town Board that is determined to have a facility on town property.
Supervisor Leifeld asked if there were any specifics that Ms. Grant could offer. She responded that she wanted to get a quick read on where the board is but would like to proceed with a map of a view shed overlay. She stated that she would love the Town Board to address the fact that co-location should be tempered due to its visual intrusion. She also suggested expanding a definition of unacceptable view shed.
Supervisor Leifeld requested that Ms. Grant provide the Town Board with specifics for them to review. Council Member Burkhardt stated she would prefer having latitude in making determinations on facility location and would prefer not to be penned down to specifics. She stated there would be no area in Town that doesn't feel their area is visually aesthetic.
Ms. Grant stated there are concerns that research done by Consultant Comi has not been made available to the public. The Town Board explained that consultant Comi will only research an application that has been put before them and Masterpage is the only application before them at this time. Supervisor Leifeld stated he put out feelers to companies to see where there interests are and no application has been received in response to these feelers.
In response to questions, general consensus of the Town Board was they are not interested in purchasing property to lease for cellular telecommunications facilities.
Ms. Grant stated she would put together suggestions for potential changes to the existing wireless telecommunications law, noting that this is not a bad law but they would like to see more in it.
Linda Barash stated that both Consultant Comi and the Town Board had letters from Scenic Hudson and Dennis Doyle regarding the wireless law and questioned why their concerns weren't put into our local law. Council Member Chase stated that Dennis Doyle was trying to make a suggestion that didn't go over well with the Town Board.
Linda Barash stated that the town should specify the difference between radio transmissions and cellular telecommunications. Council Member Chase stated she made suggestions at the time of reviewing the law that were not included.
Council Member Johansen stated the Town Board did address the issues presented by Dennis Doyle of the Ulster County Planning Board and read the section of the resolution passed by the Town Board specific to addressing the UCPB concerns.
In response to questions from George Quinn, the Town Board stated the intent of the Town Board is that facilities or towers will not have lights.
Ms. Grant stated she would put together a proposal that meets with her clients' approval and would present that to the Town Board prior to another meeting.
Supervisor Leifeld noted the November 21st meeting with the Olive Fire Department has been rescheduled for November 28th.
All business pertinent having been discussed the Town Board adjourned at 9:00 pm on a Leifeld/La Monda motion.
Sylvia Rozzelle, Town Clerk
Town of Olive
County of Ulster
State of New York
November 28, 2000
Minutes of a special workshop meeting of the Town Board of the Town of Olive held Tuesday, November 28, 2000, 7:30 pm at the Town Meeting Hall. The purpose of the meeting as announced at the November 20th meeting was to meet with representatives from the Olive Fire Department Company No. 1 to discuss the upcoming contract.
Members Present:
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Berndt Leifeld, Supervisor
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Cindy Johansen, Council Member
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Helen Chase, Council Member
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Bruce La Monda, Council Member
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Linda Burkhardt, Council Member
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Recording Secretary: Sylvia Rozzelle, Town Clerk
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Others Present: Fire Department Representatives Tom Planz, Fire Chief; John Ingram, President; Peter Nissen, Treasurer; and Everett Cook
In the absence of the Town Clerk Supervisor Leifeld submitted notes for the Minutes.
Peter Nissen presented correspondence #66-2000 outlining the proposed budget for the Olive Fire Department for the year 2001. The proposed amount to be raised through the special Fire Protection District tax is $303,400.00, a 2.5% increase over the previous year's budget. In addition, the contract with the Town of Olive is proposed to be for three years with budgets limited to a 2.5% increase yearly.
The Town Board and Fire Department representatives discussed the proposed three-year contract and budgets until 8:20 pm at which time they adjourned on a Leifeld/La Monda motion.
Sylvia Rozzelle, Town Clerk
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