Town of Olive
County of Ulster
State of New York
February 4, 2003
Minutes
of the regular monthly meeting of the Town Board of the Town of Olive held
Tuesday, February 4, 2003, 7:30 pm at the Town Meeting Hall 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: Rob Parete, Ulster County Legislator
District #1; Rich Ostrander, Olive Police Commissioner; Jimmy Fugel, Highway
Superintendent; and Everett Cook, Zoning Board of Appeals Member
Supervisor Leifeld called the meeting to order and requested
a moment of silence in memory of the astronauts who perished on the space
shuttle Columbia.
On a La Monda/Burkhardt motion the Town Board unanimously approved
the minutes as presented for the months of November, December, and January.
The following correspondence was read and filed:
#7-03
Anne Altshuler submitted her resignation, effective April 1st,
as Olives representative to the Ulster County Environmental Management Council.
It was with regret that the Town Board accepted Annes resignation and all
wished her well in her new home. Supervisor Leifeld and the Town Board members
thanked Anne for her many years of dedicated volunteer service to the town.
#8-03
Diana Hesse of the Hudson Valley Regional Council apologized
for the notices of the recent January 15th meeting being sent to
non-regulated municipalities regarding Municipal Separate Storm Sewer Systems.
On a La Monda/Burkhardt motion the Town Board approved payment
of the following preaudited bills: Highway Prepaid Vouchers #1 & #26,
$27,350.00; Highway Vouchers #2-#25, #27-#39, $27,332.63; General Fund Vouchers
#1-#61, $119,602.10; and Street Lighting #1, $33.24.
Supervisor Leifeld stated the Town has been reviewing
the fees at the Transfer Station. Council Member Burkhardt presented the
following new and proposed Transfer Station disposal fees:
Tires
Passenger tires without rims $4.00 -- with rims $6.00
Truck tires without rims $6.00 -- with rims $8.00
Tractor/Loader Tires -- No Longer Accepted
Metals
Large Appliances--Stoves, washers, driers&&. $10.00
Televisions Microwaves&&&........................& . $ 6.00
Refrigerators, Air Conditioners, Dehumidifiers&$20.00
Rugs $ 8.00
Mattresses $ 8.00
Box Springs $ 6.00
Chairs $10.00
Sofas $20.00
Brush and Yard Waste&&.......$8.00 Pick up truck
load
On a Burkhardt/La Monda motion the Town Board unanimously approved
the new Transfer Station Fees to become effective March 1st.
Supervisor Leifeld noted interest received through December
2002 as $20,602.22 and cash received through December 2002 as $28,069.86
The following committee reports were submitted:
FIRST AID representative Council Member Chase presented report
#9-03 stating in December there were 15 total calls, 27.5 hours of volunteer
time, 53.5 gallons of gasoline used with a total of 417 miles. In January
there were 13 calls, 20.5 hours of volunteer time, 34 gallons of fuel and
a total of 346 miles.
PARKS & RECREATION representative Council Member Chase
submitted report #10-03 stating in their January 22nd meeting discussion
was initiated for the upcoming pool season noting they will be advertising
for a pool supervisor. She stated the following policy has been adopted
by the Recreation Committee and the phrasing is intended to be a guide to
Town Board members: Participation in Town of Olive recreation activities/programs
is open to children of parents and/or guardians who reside in the Town of
Olive. Residency for the purpose of this policy includes: those who own
and/or rent residential and/or commercial property within the Town of Olive
as determined by Town Clerk records.
FIRE DEPARTMENT: Supervisor Leifeld noted that regarding the
Fire Department Service Awards Program he spoke with Attorney Peter Graham
who has been in touch with other towns who have implemented such programs.
He stated that Attorney Graham has been in communication with Fire Chief Tom
Planz and Fire Department President John Ingram. He stated the Town Board
is proceeding with the steps necessary to put this issue on a mandatory referendum.
TRANSFER STATION liaison Council Member Burkhardt issued report
#11-03 showing total revenues for the month of December as $4,360.00 with
seventeen (17) roll-offs being removed at a cost of $3,728.90.
POLICE COMMISSIONER La Monda issued an incident report for
January. He stated that in reviewing some of the department policies, the
procedure for open door incidents is that the officer will call for back up
prior to entering the house.
TOWN CLERK Rozzelle stated January tax collections satisfied
the warrant to the Supervisor. She read correspondence #12-03 from Grace
Janitz of Boiceville thanking the hard working crew who keeps the town roads
plowed and safe.
ENVIRONMENTAL ADVISORY representative Anne Altshuler stated
a representative from Chazen Company was present at the county meeting giving
a presentation on well logs and hydro-geological information.
HIGHWAY committee liaison Council Member Johansen stated a
report would be presented next month.
Supervisor Leifeld noted that Chris Johansen requested being
on the agenda.
Chris Johansen stated that four years ago the town went into
a moratorium, hired a consultant, and established a law in July 2002. He
stated that over the next 30 months the Town Board played a shell game with
Masterpage and for several months the Town Board relied on a rejection from
a property owner. He stated the Town Board hasnt considered emergency situations
and he doesnt think the Town Board has played fair with Masterpage adding
that the Town Board has put the Town in a bad situation with this lawsuit.
He stated he is not happy with the position the town is in with these lawsuits.
Supervisor Leifeld stated the problem the town is having is
not with the tower or any aspect of that further noting that yes the town
has talked about heights and setbacks; however, the biggest issue is that
the property owner of the proposed site has a subdivision that prohibits him
from doing what he wants to do. He stated the town has told the applicant
they must go back to the Planning Board to receive approval to change the
use of that parcel from recreational use only to commercial . He stated
the Planning Board gave the property owner a break in the original subdivision
so Mr. DeSanna could sell his remaining acreage to the City of New York.
Supervisor Leifeld stated the problem is with the lot not being designated
for commercial use. Council Member Johansen asked why it is necessary to
do this since a tower is a permitted use. Supervisor Leifeld stated the blame
is not that of the Town of Olive but that of the applicants disregard for
the proper procedure. He stated that originally Mr. DeSanna wanted to sell
all his land to the City of New York with the exception of the ten-acre parcel
and in order for Mr. DeSanna to sell his land the Planning Board did the practical
thing of approving the subdivision without the applicant meeting all of the
requirements for subdividing. Supervisor Leifeld stated in order for the
Planning Board to waive these requirements the ten-acre piece was designated
for recreational use only . Council Member La Monda stated he feels there
is a point being missed by Masterpages attorneys stating the zoning ordinance
reads that the cabin needs a ten-acre lot and the tower would need a ten-acre
piece noting there would be no way that a tower could be an accessory to the
hunting cabin. Council Member Johansen stated the applicant is planning on
using the cabin as an accessory building to the tower. Council Member Chase
stated the applicant did not put that in their application. Supervisor Leifeld
stated that any other poor person has to jump through hoops; however, the
applicants attorneys basically tell you under the Telecommunications Act
that this is the way the town is going to do it. Council Member La Monda
stated he actually felt that in going before the judge that this issue could
be resolved; but, basically the town was told this is what you are going to
do. Council Member La Monda stated that when asked if the applicant would
go before the Planning Board the response was you take it to the Planning
Board . Supervisor Leifeld reiterated that the designated use the Planning
Board applied to that parcel during subdivision review should be addressed
the same way that it would be for the little guy. Supervisor Leifeld stated
the town has paid the premiums for insurance that covers this issue noting
that the insurance company is paying for the attorney in federal court.
On a Leifeld/La Monda motion the Town Board approved the transfer
of $162.00 from A1410.4 to A1410.2.
Supervisor Leifeld offered Resolution #1 of 2003 endorsing
the implementation of the Catskill Interpretative Center. On a Leifeld/Chase
motion and unanimous roll vote the Town Board approved said resolution.
On a Leifeld/Johansen motion the Town Board approved Joe Bundy
of Olivebridge as member to the Olive Fire Department. (#13-03)
Supervisor Leifeld and the Town Board members thanked Anne
Altshuler for her dedication to the town and noted she will be sorely missed.
All business pertinent having been discussed the Town Board
adjourned at 8:35 pm on a Leifeld/Johansen motion in memory of Joseph Werner
and Anthony R. Saffioti.
Sylvia Rozzelle,
Town Clerk