Town of Olive
County of Ulster
State of New York
March 6, 2001

Minutes of the monthly audit meeting and regular meeting of the Town Board of the Town of Olive held Tuesday, March 6, 2001, 7:00 pm at the Town Meeting Hall in Shokan, NY. (Cassette Tape #58)

Members Present: Berndt Leifeld, Supervisor
Cindy Johansen, Council Member
Helen Chase, Council Member
Bruce La Monda, Council Member
Linda Burkhardt, Council Member
Recording Sec: Sylvia Rozzelle, Town Clerk
Others Present: Everett Cook, ZBA Member; Gene Sorbellini, Recreation Director

The Town Board audited the bills for the month of February until 7:30 pm at which time the Supervisor called the regular monthly meeting to order.

On a Chase/La Monda motion the Town Board unanimously approved the Minutes of the December and January meetings as submitted.

The following correspondence was read and filed:

#9-01

On a Leifeld/La Monda motion the Town Board empowered Supervisor Leifeld to support Ed Jennings, Jr. as representative to the Catskill Watershed Corporation Board of Directors. 

#10-01

The Coalition of Watershed Towns issued a reminder that under the Watershed Memorandum of Agreement (MOA) Towns have the ability to limit New York City's acquisition of land in certain hamlets and have the ability to waive minimum acreage requirements. Beginning 1/1/01 until 6/30/01 Towns can reassess their previous decisions and have various options available to them. 

#11-01

Jane Carroll issued concerns regarding the Olive Athletic Association (OAA) basketball programs and Recreation Director Gene Sorbellini. Supervisor Leifeld stated these issues are not for the Town Board to decide but is making the board aware of this issue by entering it into the record.

#12-01

Ulster County Purchasing will be offering an informational seminar on Tuesday, April 17th for employees involved or responsible for purchasing.

On a La Monda/Chase motion the Town Board approved payment of the following preaudtied bills: Highway Vouchers #25-#54, $19,968.04; General Fund Vouchers #64-#105; Special Lighting #2, $39.17; Reserve "K" #1, $1,818.40.

Under Old Business: Supervisor Leifeld distributed correspondence regarding the Masterpage Wireless application. Frederick Gerty, Regional Forester of the DEC, (#13-01) responded to Council Member Chase's request for clarification of previous comments on the South Mountain communications tower. Mr. Gerty stated his main point is that the waiver should not be granted and that the applicant be held to the town standards in the installation of the tower. Supervisor Leifeld introduced correspondence #14-01, the Ulster County Planning Board's referral response regarding the Masterpage Communications, Inc., application. Supervisor Leifeld introduced correspondence #15-01 from Attorney David Lenefsky regarding the permits for Greg DeSanna's cabin and information that the trailer is wheeled, licensed and registered with the NY Motor Vehicle Department. Supervisor Leifeld also introduced correspondence #16-01 from Attorney David Lenefsky offering Masterpage's reply to Dan Shuster's memorandum dated 1/22/01.

Supervisor Leifeld stated there are questions still needing to be answered in the Masterpage application. Council Member Burkhardt questioned whether or not Mr. Comi hasn't already addressed some of the Ulster County Planning Board questions at the time the application was initiated. Supervisor Leifeld stated that he probably has; however, the county doesn't know that and suggested the Town Board meet with consultant Comi. Council Member Chase stated that if the county doesn't see these questions answered in the application sent to them then it means the application is not complete. Council Member La Monda stated the Town Board should address the Ulster County Planning Board's concerns based on the information the Town Board receives from the applicant. He stated he hoped the application would not have to undergo the entire UCPB recommendation process again. Supervisor Leifeld stated that some of the UC Planning Board's concerns are serious and should be addressed.

Mr. Sklar asked about the issue of the significant gap in coverage and if that has been addressed yet or if it has been determined there is a significant gap in coverage. General consensus of the Town Board is that it has not been addressed to the Town Board but perhaps it has been addressed to consultant Comi. Supervisor Leifeld stated it is not the Town's obligation to make sure that every gap is covered. 

Oscar Ogg stated precedents are in place that says the Town can actually define what is adequate service for the area and the town is allowed dead zones. 

Council Member La Monda noted the applicant's attorney keeps stating they are requesting a 10 ft. set back waiver or variance; however, the applicant is actually requesting a 132 ft. set back waiver or variance. Council Member Johansen stated they are asking for a variance not a waiver. She stated they are asking for a waiver of the requirements. Council Member Johansen asked if the Town Board members are even considering allowing this variance or change. Supervisor Leifeld stated he has been making this point from the beginning. He stated this point should be made perfectly clear before the applicant's spend a whole lot of money and later, in front of a judge, the applicant says that the Town never said anything. He reiterated that the Town Board has made it clear from the beginning that the applicant must get permission from New York State on the set back request. Council Member La Monda stated that in December the applicant and the town consultant stated they would approach the NYS DEC on this issue; however, he is not sure the applicant has even asked NYS. Supervisor Leifeld made a motion that the Town Board notifies the applicant that they deny the application based on the 10 ft. setback. Council Member La Monda stated it is not a 10 ft. setback variance, it is a 132 ft. setback and this should be clarified. It was noted that the facility is shown on the map as being located 10 ft. from the property line. Supervisor Leifeld withdrew his motion and suggested the Town Board address this concern to Attorney Peter Graham for proper wording. Council Member La Monda stated the motion is a good one but feels that the Town Board only has jurisdiction over the Local Law #3 of 2000, not the Zoning Ordinance, and feels the issue of the requested set back waiver also be clarified and accurate. Supervisor Leifeld stated it appears there is a general consensus of the Town Board to not grant a waiver. Council Member La Monda stated in drafting the wireless law it was consistently made clear the Town Board would not grant setback waivers unless there exists a signoff from the adjoining property owner or owners. 

To address concerns about the wireless law being in conflict with other laws, Council Member Johansen read the Section 32 of Local Law #3 of 2000 stating the more restrictive or protective to the Town and public would apply in cases of conflict with other laws. 

Council Member Burkhardt stated the applicant should be made aware that the board is not going to grant the variance based on the information they now have. Council Member Johansen stated if the Town Board has no intention of letting them build there then the process needs to be ended now. Council Member La Monda stated the board has been telling them this from the beginning. Supervisor Leifeld stated the applicant apparently does not want to hear this. 

General consensus of the Town Board was to hear what Mr. Comi has to say and to learn what he has told the applicants. Supervisor Leifeld stated he would establish a meeting with Mr. Comi for the Town Board to address these questions to him. Supervisor Leifeld stated he has told Mr. Comi from the beginning to tell the applicants if this can't be done, since it would be unfair for the applicant to spend money needlessly. 

Oscar Ogg asked if the Town Board does not grant the variance and denies the application then what will become of the facility that is already there. Council Member Burkhardt stated the facility is on wheels. Council Member Johansen stated it is not in violation. 

Supervisor Leifeld stated that credit should go to Council Member Johansen in generating a computer map providing info showing the applicant can get the same coverage of the town from the ground and that the tower wouldn't have to go up that many feet. 

Supervisor Leifeld stated he would contact Attorney Graham for wording that the Town Board will not grant any variance of the setback unless the Town can get something in writing from the NYS DEC signing off. Council Member Johansen noted the NYS DEC continues to write to the Town Board but not the applicant. Council Member Chase stated that apparently the applicant hasn't written directly to the DEC. 

In response to questions from Mr. Sklar regarding consultant Comi, Supervisor Leifeld stated personally he is very confident with Mr. Comi in his knowledge of towers but the Town Board needs to address the planning process and environment review. He noted that is why the town went to Planner Dan Shuster.

Supervisor Leifeld noted that specifications for the Davis Park swimming pool and building renovations are at the Town Clerk's office and bids will be opened on Monday, March 19th, 3 :00 pm at the Town Clerk's Office. 

Chris Johansen expressed concern that there hasn't been a public hearing on the pool. Supervisor Leifeld stated when the Town Board knows the facts and the cost this information will be provided the public through a public hearing. 

Chris Johansen stated he has concerns that the town is putting together this application without a public hearing as to what the size and specs should be. Supervisor Leifeld stated there were several public informational meetings held plus a referendum was on the ballot. He stated the people voted for the Town Board to find out how much this was going to cost. Chris Johansen stated the referendum stated specifically that if we get the grant we will build the pool. Council Member La Monda stated the town was originally going to put up $300,000.00 for the matching grant from the New York City MOA funds and when the town didn't get the first grant the Town Board committed $420,000.00 out of city money and reserve accounts to this renovation project He noted by doing this the Town Board wouldn't have to float a bond or raise taxes to proceed with the project. He noted the current plan is a much more limited project than the grant plan. He stated that the pool is in such need of repair they are faced with the issue of either building a new pool or filling the existing one in. Council Member Burkhardt stated the referendum mentioned the entire renovation of Davis Park not just the pool. Council Member Johansen noted the referendum did state that if we did not get the grant we were not going to move forward. Council Member Chase stated that was on the entire project noting the project is now a limited one. She further noted there were enough people that voted yes on the referendum that it indicated they were interested in having a new pool. Council Member Johansen stated that was with using very little of our Town's money as compared to now using $200,000.00 or more to match the $250,000.00 as we know this project will cost more than $400,000.00. Supervisor Leifeld stated the NYC money, $250,000.00 was given to the town for capital projects. He stated the town can't use the money to maintain buildings or lower taxes; it has to be used to build something new for the town. He noted the way he sees it is that more people want a better pool. 

Recreation Director Gene Sorbellini stated the current pool is 30 x 60 oval and the bid specifications are for a 42 ft. x 75 ft. swimming pool noting this is not an Olympic sized pool. 

Earla Van Kleeck asked what the engineer's projected estimate was on these plans. Supervisor Leifeld stated what the engineer said specifically he never asked; however, they have been talking in the range of $300,000.00 for the pool. Don Van Kleeck stated the engineer should have a definite number for the bidders and asked what the engineer estimated this entire project. Supervisor Leifeld stated the board will have a number when someone bids on it further stating that if the town says it will cost a specific amount then you can bet there will not be a bid received under that amount. 

Supervisor Leifeld noted the monthly income for January 2001, as $1,069,855.25 and interest received for January as $8,932.07. 

The following committee reports were submitted:

PARKS liaison Council Member Burkhardt stated the Recreation Committee is in need of new members and encouraged those in attendance to help with recreation projects in Town by volunteering. 

TRANSFER STATION liaison Council Member La Monda stated the facility operated in the black for the month of January by $147.80. 

HIGHWAY liaison Council Member Chase stated the committee's main discussion was on the issue of how the Highway Department was to be involved with the Senior Housing facility. She stated there were some contrary issues in need of clairification regarding plowing of the road. She noted the town had agreed to plow the entrance area and it was unclear if payment would be made to the highway department. Supervisor Leifeld noted that grant money would not pay this; however, it would come out of SHARP management funds. He noted that HUD would not allow the road to become a town road until if and when the property behind the facility became subdivided. He stated that HUD did require some assurance the road would be taken care of. 

TOWN CLERK Rozzelle issued a report on the training seminars at the Association of Towns. She noted a new license issuing procedure will take effect this fall for sportsmen, Ulster County has passed a resolution ordering confinement of dogs until April 1st, and Co-Star is now in effect which implements exemptions applied to county taxes for seniors. 

On a Leifeld/La Monda motion the Town Board approved the transfer of $84.06 from A 1990.4 Contingency to A9040.8 Workers' Compensation Insurance. 

Supervisor Leifeld stated the Town Financial Report for 2000 was prepared by Kimball & O'Brien and has been filed in Albany. 

On a Leifeld/La Monda motion the Town Board approved transfer of $1,955.00 from the Wireless Telecommunications Escrow Account to the General Fund.

All business pertinent having been discussed the Town Board adjourned the meeting at 9:20 pm on a Leifeld/Johansen motion.

Sylvia Rozzelle, Town Clerk