Town of Olive
County of Ulster 
State of New York
April 3, 2001

Minutes of the regular monthly meeting of the Town Board of the Town of Olive held Monday, April 3, 2001, 7:30 pm at the Town Office Building in Shokan, NY.

Members Present: 

Berndt Leifeld, Supervisor
Cindy Johansen, Council Member
Helen Chase, Council Member
Bruce La Monda, Council Member
Linda Burkhardt, Council Member

Recording Secretary: Sylvia Rozzelle, Town Clerk

Others Present: Everett Cook, ZBA Member; Anne Altshuler, CAC; and Gerard Malak, Planning Board Member

On a Leifeld/Chase motion the Town Board approved the minutes of the March meetings as submitted.

The following correspondence was read and filed:

#23-01

Sherret S. Chase offered the thought of having the NYC DEP convey its undeveloped lands in the Town of Olive, including the old reservoir lands other than those with built structures, to the NYS DEC. He stated that this move would place these lands under protection of the NYS Constitution, Article 14, as “forever wild” and the City of New York would be relieved of tax and policing expense for these lands. Supervisor Leifeld stated it’s not the worst idea to pursue and would like to discuss the suggestion with Assessor Rob Every and with the attorneys representing the town in the current NY City assessment litigation. He noted the attorneys are currently being paid through the Catskill Watershed Corporation. Council Member Chase stated the NYC DEP has expressed an interest in doing this but no one has asked them. 

On La Monda/Chase motion the Town Board approved payment of the following preaudited bills: Voucher #106 Prepaid, $20.00; General Fund #107-#154, $16,100.78; Highway Vouchers #55-#88, $14,938.97; Reserve “D” Voucher #1, $15,0007.42; and Street Lighting Voucher #3, $32.22.

Under Old Business: Regarding the Masterpage Communications application, Supervisor Leifeld stated a meeting was held on March 27th between the Town Board, town wireless consultant Richard Comi, and Attorney for the Town Peter Graham. He stated the applicant must resolve the issue regarding a release or indemnification from NY State for the requested set back waiver and the issue questioning legal access to the site filed by an adjoining property owner. Supervisor Leifeld read correspondence #24-01 from Attorney Peter Graham to Medenbach & Eggers representing Masterpage Communications, Inc., regarding the issue of access to the proposed communications site. Supervisor Leifeld also introduced correspondence #25-01 from Medennbach and Eggers to Marc Moran, Regional Director of the NYS DEC, addressing issues of safety, setback waiver, visual impact, and protected species. 

Chris Johansen asked why the Town is getting involved in a land dispute whether the right of way is good or not. Supervisor Leifeld stated the town is not getting involved in the dispute noting the town’s only involvement is waiting until the property owners clear up the disputed right of way issue. He further noted the town could not legally proceed further in this application until the access issue is rectified. Chris Johansen stated the town isn’t a business partner in this application so why should it matter to the town. He noted this issue is none of the town’s business. Supervisor Leifeld stated the issue of access between the two property owners is definitely none of the town’s business; however, in order for a building permit to be granted the property owner must have legal access to the site. He stated the town has nothing to say about the right of way, the town is simply saying clear up the issue. Gerard Malak stated the Planning Board approved the DeSanna subdivision and there is a right of way to the site. In response to Council Member La Monda’s question as to whether or not the Planning Board had the actual right of way document, Mr. Malak stated the Planning Board had a final map. Council Member La Monda stated if this land was subdivided on a right of way then an Open Development District is required from the Town Board. Council Member La Monda quoted from the Zoning Ordinance regarding right of way access. Gerard Malak stated “so every right of way that the Planning Board has approved is illegal?” Council Member La Monda responded if there is not an Open Development Area, then “yes”. Council Member La Monda stated that currently there is a disputed right of way between the applicant and a property owner—not between the town and applicant or between the town and adjoining property owner.

Charlie Davis asked if a map of the wireless application were available. Council Member Johansen produced the map. Discussion occurred on the road appearing on the map as an “existing driveway” versus a “right of way”. Council Member La Monda stated a driveway is not always a right of way. 

Everett Cook stated the issue boils down to what the actual description says for the right of way and anyone that buys along the right of way is not always guaranteed access. 

Chris Johansen stated he has a problem with the town getting involved with a bunch of issues but NY State worrying about safety issues is the state’s problem. He stated that for NY State to say they are worried about the tower falling on a camper on state land is ridiculous. Council Member Burkhardt stated the issue is that an adjacent landowner, whether it is a private individual or NY State, has objected to the setback waiver and that objection needs to be addressed no matter who that landowner is. Council Member Johansen stated then let NY State make their own statements noting the Town Board should not be making those statements for them. Council Members La Monda and Burkhardt noted that in two separate letters New York State has stated their objection to granting the setback waiver. 

Council Member La Monda stated even if the court determines the legality of the ingress and egress of the right of way, if the right of way doesn’t mention utilities then utilities can’t be brought to the site. He noted the Town Board could not issue a building permit until legal access to the site is determined. Chris Johansen stated that Council Member La Monda sounds like a business partner. Council Member La Monda stated that trying to protect the town from litigation and not putting the town at risk doesn’t sound to him like being a business partner in this application. Several members of the Town Board reiterated to Mr. Johansen that the town is not getting involved in the right of way dispute; the town simply can not give a building permit until the legal access dispute is settled. Chris Johansen stated if he were building the tower it should be only his responsibility to get everything he needs to operate and if he gets the building permit and can’t get everything up there then he should be the one taking the risk. Council Member La Monda stated that the town must make sure the applicant has good access to the site. He noted in this litigation motivated society, if the Town gave a building permit without the facility having good access then the applicant’s attorney would turn around to the town with a lawsuit for giving a permit without access. 

Council Member Johansen stated this has already happened in this town where we have issued a permit and then the person was told they couldn’t do it and they had already done it. Council Member Chase and Council Member La Monda questioned if the town has made the mistake once then why would they want to do it again. Council Member Johansen stated her point is that the Town Board is trying to be a Zoning Board, not a Town Board. Council Member Burkhardt stated the Town Board is trying to implement the law.

Supervisor Leifeld stated the pool and bathhouse renovation for Davis Park was put out to bid with bids being received on March 19th (#26-01). He noted the bid was broken into three parts, pool and bathhouse, electric, and plumbing and ventilation. He noted that only one general contractor bid the project. He stated that after everyone picked themselves off the floor, the Town Board met on March 29th with Stephen Molmed and Clayton Bisch to discuss the bids. He noted the Town Board will be restructuring the bids and will re-bid the project. Council Member Burkhardt stated that bids will go out May 1st and be opened May 29th. Council Member La Monda stated they would be bidding out to pool companies versus general contractors as per the recommendation of pool consultant Clayton Bisch. 

Don VanKleeck stated he only has one problem and that is the engineer went out and designed something that was above the money we had to spend. 

John Hansen asked if the town looked into rebuilding what we have. Council Member Burkhardt stated approximately three years ago the pool consultant said it would cost far more to repair the pool. Council Member La Monda stated that the town was told that essentially the pool would have to be torn out and new filters and new pumps installed. 

John Hansen asked if the Town Board were ruling out building the 42’ x 75’ pool and asked if the Town Board had canvassed the town to see how many residents have and use their own pool. John Hansen stated he felt most people objected to the size and the scope of the pool.

Don VanKleeck asked where the town will discard the refuse from the renovation and suggested bidding the demolition out separately since there may be some local people who can handle the project. 

Chris Johansen stated that the Marlboro High School has a beautiful indoor pool and they can not field a boy’s swim team as there is not enough interest. He stated there is no interest at all in the community to keep the pool open during the summer. He stated the reason there are no kids using the pool in Marlboro is because people can’t just dump their children off there and take off. He noted the parents have to stay with their children.

Regarding the Davis Park renovation, Supervisor Leifeld stated if the town received the state grant it would have been fine and if the figure is near $500,000.00 then we’re okay because we have the funds. However, if it runs over that then he suggested the Town Board put it back on the ballot and let the people decide.

Supervisor Leifeld noted the income for February, 2001, as $1,125,432.86; and interest received $17,869.24.

The following committee reports were submitted:

PARKS & RECREATION liaison Council Member Burkhardt stated she attended the All-Star youth basketball game at the school with numerous children participating. She stated that try-outs for Little League were held on March 26th with over one hundred children participating. T-ball starts the last week of May and the adult softball program starts the last week of April. The winter ski program ran for five weeks and involved 48 people.

TRANSFER STATION liaison Council Member La Monda stated they issued eighteen permits, 194 tickets, with a total of $3,365.00 received for the month. There were 40.19 tons transferred costing $2,813.30 so the town operated in the black $101.70. Council Member La Monda stated that Transfer Station Manager Brandon Krum is home from the hospital and asked all to remember Brandon in their prayers. 

POLICE DEPARTMENT liaison Council Member Johansen submitted report #27-01 noting that defibrillators are in all police vehicles and officers have been trained in using them. She noted that two (2) $250.00 scholarships are available for academically deserving graduating students at Onteora. Candidates will be recommended to the department with preference going to a Town of Olive student pursuing a career in criminal justice. She noted that three officers were recognized for their work in the community: B. J. Leifeld for his Bicycle Safety Program; Dawn Beers for her involvement in the Neighborhood Watch program in Olivebridge; and Wally Fulford for his work in coordinating and scheduling in-house training in the department. 

HIGHWAY liaison Chase stated that half of the dates for Highway Committee meetings throughout the winter were cancelled due to snow, rain, or flooding and last month’s meeting was no exception. 

ENVIRONMENTAL representative Anne Altshuler stated the Ulster County EMC meeting revolved around discussing and developing a position and formulating a resolution on the “pcb” issue in the Hudson River.

TOWN CLERK Rozzelle stated she is currently organizing and targeting town records for preservation microfilming. She noted the microfilming would be contracted to and preformed by Ulster County. Town Clerk Rozzelle also stated that a new file donated by Sue Ellen Miller Elmendorf has been accessioned for the Town of Olive Archives. She noted these records include town budgets from the late 1920’s and Samsonville School District #3 records involving transportation issues of 1931. 

Supervisor Leifeld stated a program called Catskill Fund for the Future offered through the Catskill Watershed Corporation has money available for grants and stated Council Member La Monda is pursuing the writing of a grant. Council Member La Monda stated that only $84,000.00 is available to Ulster County watershed towns. He noted the town will be making an application to cover part of the park renovation project in Davis Park to include a new sanitary disposal system and water saving fixtures. He noted that Stephen Molmed, his wife Carol and Town Clerk Rozzelle will be writing the grant.

On a Leifeld/La Monda motion the Town Board approved the transfer of $367.60 from the Wireless Escrow Account to the General Fund. 

On a Leifeld/Burkhardt motion the Town Board approved the transfer of $99.98 from A3620.4 to A3620.2.

John Hansen stated that 24 of our young service men are being held captive in communist China and suggested a page in the minutes be dedicated to them. 
On a Leifeld/Johansen motion the Town Board approved dedicating such a page. 

Council Member La Monda stated members are needed on the Recreation Committee and moved to appoint William Melvin of West Shokan to said committee. This motion was seconded by Council Member Burkhardt. 

Supervisor Leifeld stated that Brandon Krum’s condition is serious and suggested all to remember him in their prayers.

All business pertinent having been discussed the Town Board adjourned at 8:50 pm on a Leifeld/La Monda motion.

Sylvia Rozzelle, Town Clerk

This Page Dedicated



to the




Twenty-four Military Personnel






held captive in China