Town of Olive
County of Ulster
State of New York
April 2, 2002

Minutes of the regular monthly meeting of the Town Board of the Town of Olive held Tuesday, April 2, 2002, 7:30 pm at the Town Meeting Hall in Shokan, NY.

The following correspondence was submitted:

#22-02

Supervisor Leifeld introduced correspondence from Cusick, Hacker, & Murphy regarding the City of New York Assessment challenge which states “Judge Bradley has basically ruled in the Town’s favor due to a series of infirmities in the City of New York’s case, beginning with the basic issue of the qualification of Petitioner’s cost experts.” Supervisor Leifeld stated there is an appeal process that the City of New York will most likely implement.

On a Chase/Johansen motion the Town Board unanimously approved the minutes of the March meetings as submitted by the Town Clerk.

On a La Monda/Johansen motion the Town Board unanimously approved payment of the following preaudited bills: Prepaid Voucher #112, $20.00; General Fund Vouchers #113-#158, $17,326.40; Highway Vouchers #64-#95, $34,277.83; Special Lighting Voucher #3, $33.09; HP Special Project Voucher #3, $700.00; and HP Special Project Voucher #4-#6, $47,592.30.

Under Old Business: Supervisor Leifeld stated the organization named Olive CARES has been meeting with the Town Board regarding the town’s wireless law. He noted the Town Board has reviewed their proposed suggestions for changes to this law. He stated that these issues basically just reinforce the law we already have. He noted that Council Member Chase would put the final version together. He noted that Attorney Graham has already reviewed the revised changes but will need to review the amended law as proposed by the Town Board.

Supervisor Leifeld stated the town has been contacted by the DEC regarding the Crossroads Ventures project in Shandaken. Supervisor Leifeld stated the major issue regarding Olive is that of traffic. He read correspondence #23-02 which will be sent from his office to Alex Chesluik of the NYS DEC in New Paltz. Said correspondence notes that Route 28 is the main artery through Olive leading directly to the proposed project and no traffic study data for Route 28 in our town has been done. Concerns were noted regarding installation of traffic control devices along this route and the ability of one lane in each direction being enough to handle increased traffic.

Supervisor Leifeld stated the town advertised for bids for the sale of surplus town equipment and at the March meeting the Town Board approved the highest bid for each item. Correspondence #24-02 from Highway Superintendent Jimmy Fugel states that Bonesteel Auto & Truck Center was awarded the high bid for purchase of the Springfield Roller and the Fink V Plow; however, they have not come forward to claim the equipment. On a Leifeld/Johansen motion the Town Board awarded the bid on the Springfield Roller to Fred Russell for $150.00 and the Frink V Plow will be sent to the junkyard.

Supervisor Leifeld noted the following bids were received on the three town patrol vehicles: (#25-02)

On a Leifeld/Johansen motion the Town Board unanimously approved awarding the sale of the three patrol vehicles to the highest bidders.

Supervisor Leifeld stated the Town Board had previously approved a price quote from Ralph C. Herman Co., Inc. for a used paver. The Town Board has since authorized the Highway Superintendent to advertise for bids on a used paver. On a Leifeld/Johansen motion the Town Board unanimously accepted the sole bid (#26-02) from Ralph C. Herman Co, Inc for a 1996 Model 10000B Lee Boy, bid price $16,875.00.

Supervisor Leifeld introduced correspondence #27-02 from Shanley, Sweeney, Reilly & Allen, P.C., the new attorneys for Masterpage. He stated the letter has been forwarded to Attorney for the Town Peter Graham who stated the letter outlines the applicant’s concerns and is informing the town that they are the new attorneys in the application. Supervisor Leifeld stated that Attorney Graham spoke to Attorney Sweeney and has sent the applicant’s attorney correspondence #28-02 in answer to some of these concerns. Supervisor Leifeld stated that Attorney Graham has also informed Attorney Sweeney of the need for the applicant to return to the Planning Board to revisit the subdivision.

Supervisor Leifeld noted cash received through February, 2002, as $17,697.95 and interest received through February, 2002, as $3,738.29.

The following committee reports were submitted:

FIRST AID Council Member Chase submitted report #29-02 noting the annual Olive First Aid Unit Recognition Dinner was held this past Saturday with John Pease, John Sauer, Vincent Pease, and Brian Davis being the high responders for the year.

PARKS & RECREATION liaison Council Member Chase submitted report #30-02 noting the main discussion pertained to the new pool. She noted the installation of plumbing at the new facility is in the beginning stages and discussion occurred about filtering the sulfur. She noted the Camp Directors meeting is April 17th and June 17th is the date for the Ulster County Health Department pool inspection for the summer rec program. She stated that Friday, July 5th is the pool dedication date. The winter ski program had 18 children participating; April 13th is Little League registration for those ages 9-12; and the OAA has received financial donations to purchase a PA system for sporting events. Council Member Chase thanked Highway Superintendent Jimmy Fugel for his work on the soccer field and stated she appreciates the Highway Department’s work keeping the parks running.

FIRE DEPARTMENT report #31-02 noted that during February 2002 the five companies responded to thirty-five (35) calls.

TRANSFER STATION liaison Council Member Burkhart submitted report #31-02 for February noting total revenues for the month as $3,905.00 and 51.43 tons of refuse removed at a cost of $3,600.10. She reminded all residents that the town does have a recycling program and by recycling at home the town pays less to dispose of solid waste.

POLICE Commissioner La Monda stated Police Officer Dave Kemble attended the Boy Scout event in Lake Katrine and bicycle helmets have been ordered for the annual bike rodeo. He also noted department responses for the month.

HIGHWAY liaison Council Member Johansen stated the department has finished much of road brush cleaning and sweeping of roads. She stated that almost all old vehicles have been removed from the rear storage area. She stated the gas tanks permit had not been received and in contacting the DEC found that the tanks were not in compliance. She noted this problem has since been rectified. Council Member Johansen stated the steepest part of Freeman Avery Road is where paving will be done and they are also looking at paving old Route 28 in Boiceville. She stated the department is looking into a piece of equipment for aiding in the installation of guardrails.

ENVIRONMENTAL representative Anne Altshuler stated the EMC met on March 27th but no quorum was present; however, they discussed various issues. She stated she attended a conference on forest fragmentation--cases where properties are being bought and subdivided with long roads into these properties--which opens up forests to encroachment.

TOWN COURT quarterly report #32-02 ending 3/31/02 noted the court’s closing of 352 cases and the collecting of $12,080.00 in fines, $6,720.00 in surcharges, and $227.00 in civil fees.

TOWN CLERK Rozzelle stated the NYS DEC has submitted an agreement to towns for the new DECALS (DEC Automated Licensing System). The town will be responsible for implementing and paying for the telephone line and a monthly maintenance fee. The DEC is also requiring all town clerks to allow electronic transfer of funds from town accounts an issue that does not please the Ulster County Town Clerk’s Association. She stated that an ultimatum was given her from DEC Revenue Accounting Director Doris McCarthy that the town must allow electronic withdrawal of funds from the Town Clerk account or they will not be allowed to sell sportsman’s licenses. Town Clerk Rozzelle stated she reminded the DEC that under Environmental Conservation Law the Town Clerk is mandated to sell licenses.

On a Leifeld/La Monda motion the Town Board approved the transfer of $523.00 from A1460.4 (Records Management Contractual) to A1460.2 (Records Management Equipment).

On a Leifeld/Chase motion the Town Board unanimously approved referring the Open Development District process for property subdivided by Keith Boyd and owned by William Davis (SBL 60.2-2-48.9) to the Planning Board for their review and recommendation. The motion stated that the road maintenance agreement should be reviewed and approved by Attorney for the Town Peter Graham and Highway Superintendent Jimmy Fugel should review and approve the private road construction prior to the Planning Board making their recommendation to the Town Board.

Supervisor Leifeld requested the Town Board send a letter to Highway Secretary Jennifer Vines thanking her for her alertness in handling the DEC matter regarding the town fuel tanks. He stated her diligence and attention to this matter has saved the town a considerable sum of money. He stated the town could be looking at the tune of $10,000.00 in addition to the $5,240.00 being paid to Ira D. Conklin & Sons, Inc., to bring the tanks into compliance to the DEC changed regulations. (#33-02)

On a Leifeld/La Monda motion the Town Board adjourned at 8:25 pm in memory of Margrit L Edmundson.



Sylvia B. Rozzelle, Town Clerk