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Town of Olive County of Ulster State of New York April 1, 2003 Minutes of the regular monthly meeting of the Town Board of the Town of Olive held Tuesday, April 1, 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: Tom Planz, Fire Chief; John Ingram, Olive Fire Department President and Zoning Enforcement Officer; Linda Flanagan, Account Executive for Quilty, Dwyer, & Larkin Insurance On La Monda/Johansen motion the Town Board approved the minutes of the March meetings as submitted by the Town Clerk. On a La Monda/Chase motion the Town Board approved payment of the following preaudited bills: Highway Vouchers #82-#114, $12,594.49; General Fund Prepaid Voucher #102, $24.00; General Fund Vouchers #103-#153, $27,170.85; Special Lighting Voucher #3, $34.08; and Special Project Vouchers #1-#3, $27,403.15. The following correspondence was read and filed: #28-03 Lois Langthorn expressed a public thank you to the Olive Fire Department for their quick response to a middle of the night fire at her home. She expressed appreciation on how quickly they gained control of the situation so she no longer feared of losing her house. #29-03 William Mason, Staff Representative of the AFSCME Council 66, stated under the collective bargaining agreement they intend to renew the current contract that expires 12/31/2003. Under Old Business: Supervisor Leifeld stated when he retired from the NYS corrections officer position he was told he could only earn $25,000.00 annually and later the state changed the law. Council Member La Monda read Resolution #2 of 2003 a resolution to reinstate Supervisor Leifelds annual salary to the 2003 budgeted amount of $29,544.00. On a La Monda/Burkhardt motion the Town Board passed said resolution. Roll vote being: Johansen, yes; Chase, yes; La Monda, yes; Burkhardt, yes; and Leifeld, abstained. Supervisor Leifeld read Resolution #3 of 2003 supporting legislative bills S.2302 and A.1795 sponsored by Senator Bonacic granting Bruce La Monda Tier 1 status in the NYS Retirement System. On a Leifeld/Burkhardt motion the Town Board passed Resolution #3 of 2003. Roll vote being: Johansen, yes; Chase, yes; La Monda, abstained; Burkhardt, yes; and Leifeld, yes. Supervisor Leifeld stated he has initiated the papers to pay off the $100,000.00 loan from the CWC. He noted the letter requesting the payoff was mailed to the attorneys in Albany who are handling the loan application. Supervisor Leifeld stated the highway garage roof, which is flat, has been leaking. He noted instead of replacing it with another flat roof they have been advised to put up trusses. He stated he has received three price quotes ranging from $6,000.00 to $6,800.00 for replacing the flat roof with stones. He noted that only one price quote of $17,851.00 has been received for installing rafters and the roof. Supervisor Leifeld asked which way the Town Board would like to go. General consensus of the Town Board is to table the issue until the other quotes could be received. Supervisor Leifeld noted the interest received through February 2003 as $2,350.81and cash received in February as $18,519.69. The following committee reports were submitted: RECREATION COMMITTEE liaison Council Member Chase submitted report #30-03 focusing on the March 26th meeting. She noted the summer recreation program will run July 7th through August 15th; Erin Jones will return as Pool Supervisor with Andrew Burkhardt as her assistance; Little League season will begin in March; Youth Basketball ended this past week; camp directors will be attending a mandatory Department of Health seminar at UCCC; and the tennis courts need new nets and court surface. TRANFER STATION liaison Council Member Burkhardt submitted report #31-03 showing 23 permits and 203 tickets being sold for total revenues of $3,620.00 for February. Thirteen (13) rolloffs weighing 39 tons were carted off at a cost of $2,702.00. POLICE COMMISSIONER La Monda submitted assists for the month. He noted that this months training will concentrate on the proper use of oxygen and the department will be retrained on the use of the defibrillators. HIGHWAY DEPARTMENT liaison Council Member Johansen submitted March report #32-03 stating excess sand is being swept off town roads, repair work is being done on one of the large dump trucks and on the sucker truck, and dead maple trees have been removed near the intersection of Coldbrook Road and Route 28A. She stated that Highway Superintendent James Fugel attended a FEMA sponsored seminar and will submit the paperwork necessary to apply for FEMA funds that may be available for the Christmas Day and the January 3rd and 4th storms. Under New Business: Supervisor Leifeld made a motion to send letters of support to Senator Bonacic and Senator E. Little for their proposed tax exemption reform legislation. This motion was seconded by Council Member La Monda. Supervisor Leifeld stated there is an opening on the Planning Board with Joe Friedel, Ed Kahil, and Astrid Nordas under consideration for the position. On a Leifeld/Chase motion the Town Board moved to table this issue. On a Leifeld/La Monda motion the Town Board accepted the resignation (#33-03) of Police Officer David Downs and requested a letter of thanks be sent to David for his service to the town. Supervisor Leifeld stated the Town Board has reviewed the procedure for passing the resolution requiring a mandatory referendum for implementation of a service awards program for Olives volunteer firemen. He stated the referendum procedure is a not a simple process noting that twelve different deadlines must be met within forty days of passing the resolution. He stated that conservatively a special election would cost approximately $4,150.00 but added the expense is not really the issue. He stated that special elections are usually ear marked for off election years and this year being a biennial election he feels it more appropriate to place the proposition on the November ballot. Supervisor Leifeld stated that not only would the election process be simpler, it would be less confusing for the voters knowing what polling place to go to. He noted this would also allow the Fire Department more time to present their program to the public. Supervisor Leifeld stated that one issue was raised that if the proposition is voted on in November that this would not correspond with budget deadlines. Supervisor Leifeld stated he would put the $116,000.00 necessary to implement the service awards program in the tentative and preliminary budget. He stated you can always decrease the amount of an approved budget but cannot increase an amount. He stated the Public Hearing on the 2004 budget would be held two days after the election; therefore, the Town Board would know whether or not to leave the appropriation in the final budget. Council Member La Monda stated there would be a broader base of voters at a general election and there should be a greater turn out. He noted the extra time would give the department the opportunity to present this to the taxpayers and would enhance their opportunities of getting the referendum passed. Council Member La Monda stated if the department thinks that anyone on this Town Board is against the Fire Department, they are wrong. He stated the Town Board has a responsibility to the taxpayers. Council Member Burkhardt stated that by having the proposition on the November ballot this will give the Fire Department ample time to educate and inform people about the program so that taxpayers wont come back in January asking what is this in our tax bill. Council Member Chase noted this is a program that is going to last forever and the public needs to know what is involved in this program. She stated that more time to educate the public is needed. Council Member Johansen stated the town has a great volunteer force; however, if in ten years the town doesnt have these wonderful volunteers then can the town back out of the program. She stated she feels the people need ample time to answer some of these questions. John Ingram, Fire Department President, stated this procedure was started back in the fall and everything was presented then exactly as it is now. Fire Chief Tom Planz noted this process was started in September 2001 at which time the department was told to come back with a plan and to put something on paper. He stated the Fire Department settled on VFI and came back to the Town Board, met several other times, and thought that everything was ready to go. He stated he is somewhat disappointed with the Town Boards decision here tonight. He stated in September 2002 the Town Board voted unanimously to take this to referendum and it took six months to put it on paper. He noted he is also disappointed with that. He noted the Town Board has to answer to the citizens and he has to answer to these guys sitting here. Council Member La Monda stated he doesnt understand what the difference is whether the election is held now or in November since the money wont be available until January. Chief Planz expressed concerns about having a guarantee that the money would be in the budget to which Council Member La Monda stated he gives his word that he will not vote on the passing the budget unless the money is there in the preliminary budget. Council Member Burkhardt stated she is curious why there is a problem whether the referendum is held now or in November. General consensus of each Town Board member, though no vote formal vote was taken, was there is absolutely no problem with putting the required funds in the budget for November so the money will be available for VFI in January. Chief Planz asked Linda Flanagan, Account Executive for Quilty, Dwyer, & Larkin Insurance, if a November election would cause a problem for setting up the program for January 1st. She responded there would be no problem. Linda Flanagan stated she felt the Fire Departments preference was to have their own election and it was their intent to fully educate everybody. She stated that if they have their own election then people would come out specifically for that election and in a general election these issues are normally voted down. Council Member Burkhardt stated their responsibility as Town Board members is to represent all taxpayers and residents and to limit the election process would not be acting responsibly. Chief Planz stated he was frustrated because this is not rocket scientist material and it has taken six months to get to this point. Supervisor Leifeld responded by stating Attorney Graham conferred with another Town Attorney for information regarding the process and was handed a thick folder. Supervisor Leifeld stated that our Town Attorney, at now fault of his own, has been inundated with the towns four lawsuits, one of those being in federal court, and apologized for the time it has taken. Supervisor Leifeld stated he doesnt see that putting this on the November ballot versus having a special election would be a detriment to the program. He noted that if the referendum passes in November then the service awards program would have greater credibility than had it been passed in a special election. Steve Fuller stated that people are not educated that way and many people will go in and simply vote no for anything that costs money whereas with a special election you would have people coming out who support that issue. Council Member Burkhardt stated she felt they are doing a large disservice to the people feeling that if good information is given to the people then they will respond to it. She stated she has worked the polls and feels that more than 70% that come in to vote read the propositions and are interested in voting. Tom Planz stated that by that time it is too late. Council Member La Monda stated he doesnt think its the case that a special election would have people voting for the referendum where in a general election it would be defeated. Supervisor Leifeld stated he would assure the Fire Department that the money to fund the program would be in the budget this fall. Supervisor Leifeld asked if any representative was present from FOTE, Friends of the Earth, Third Rock from the Sun. Receiving no response Supervisor Leifeld stated since the letter is anonymous he will not enter it into the record. Supervisor Leifeld stated that he is aware the attorney has spent some time getting the service awards program to this point; however, Attorney Graham is excellent at town law but has been inundated with lawsuits against the town. Supervisor Leifeld stated he hopes the Town Board has not offended members of the Fire Department but feels that a general election versus a special election is a fair and square way to do it. All business pertinent having been discussed the Town Board adjourned at 9:00 pm on a Leifeld/La Monda motion in memory of Douglas Negron, Robert L Nevins, Jr., Nelson Shultis, and Donald F. Warren. Sylvia Rozzelle
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