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Town of Olive County of Ulster State of New York September 11, 2003 Minutes of a special meeting of the Town Board of the Town of Olive held Thursday, September 11, 2003, 7:30 pm at the Town Meeting Hall in Shokan, NY. The purpose of the meeting as announced at the September 5th meeting was to meet with property owners in the Fern Acres Section IV regarding the proposed Hudson Hollow Road. Also, the Town Board will discuss their upcoming presentation to the Ulster County Legislative Committee regarding the large parcel bill. Members Present: Berndt Leifeld, Supervisor Cindy Johansen, Council Member Helen Chase, Council Member (arrived at 7:38) Bruce La Monda, Council Member Linda Burkhardt, Council Member Recording Secretary: Sylvia Rozzelle, Town Clerk Others present: Jimmy Fugel, Highway Superintendent Supervisor Leifeld stated there are two orders of business one to discuss the release of the cash performance bond for Hudson Hollow Road and to discuss the acceptance of Hudson Hollow Road as a town road. Supervisor Leifeld stated that correspondence #66-03 from Highway Superintendent Jimmy Fugel states that Hudson Hollow Road meets Town Highway Specifications. Supervisor Leifeld read Resolution #7 of 2003 Releasing the Cash Performance Bond on Hudson Hollow Road and offered the resolution for Town Board approval. Council member Burkhardt seconded the motion which carried unanimously by roll vote. Roll vote being: Johansen, yes; Chase, yes; La Monda, yes; Burkhardt, yes; Supervisor Leifeld, yes. Supervisor Leifeld opened the meeting for discussion as to whether or not the road should be accepted as a town road. Richard Riseley stated his clients the Doyles engaged him as legal counsel two days ago and his objective is to get the town to take over the road noting the situation a bit of a screw up. He stated the Planning Board approved Fern Acres Section IV in 1989 and the town accepted the performance bond. He stated his clients purchased this piece of property showing access from Parker Lane and 14 months ago went to the bank, applied for building permit, and was told by the town that the access being used was illegal. He stated Mrs. Doyle was told that she had to build Hudson Hollow Road until she could be given a building permit. He stated that was not at all under NYS law since all she needed to do was build a driveway. He stated she spent over $40,000.00 which is money that should not have been spent by the Westervelts and the Doyles. He stated Mrs. Doyle has been held up for 14 months. He stated it was clearly intended by the Planning Board that this would be a town road. He stated Mrs. Doyle was given wrong information about what she needed to get a building permit. He stated that generally speaking in his years in Olive the town has taken over roads that have been built to town specs. He stated the Doyles have considerable money put into this road and if the town doesnt take it over there are no mechanisms in effect to keep this road together. Supervisor Leifeld stated Mrs. Doyle was told she could not use the access off of Parker Lane as her private driveway. He stated the land was deeded from two of the subdivision lots to provide for emergency access to Parker Lane in case the wet area along the proposed Hudson Hollow Road ever became a problem. In response to questions as to who owns the road, Attorney Riseley stated that Michael Bernholz does. Council Member La Monda stated that Mr. Bernholz had contacted him and does want his road to be a town road. Council Member La Monda also stated that without a road maintenance agreement in effect then technically Mrs. Doyle does not have a right of way. He added that his concern after reading the deed is that the Doyles piece would be landlocked if the town doesnt accept this as a town road. Attorney Riseley stated that under the circumstances that have transpired the Town Board has a bit of responsibility to take this road over. Council Member Johansen asked if any of the other property owners in this subdivision want Hudson Hollow Road to be a town road further noting that Jude Keenan has informed her that he doesnt want this to be a town road.
Council Member Chase stated that as owner of the property then Mr. Bernholz could require road maintenance agreements in the deeds when he sells these parcels. Supervisor Leifeld stated that in 1989 it was an approved subdivision by the town Planning Board and the town accepted a cash performance bond to guarantee the road got completed. He noted that two bankruptcies occurred in this subdivision process and Mrs. Doyle became the road developer. He stated the road has been brought up to town specifications and it is fair to say there will be at least six houses there. He noted it would be one of our better roads, its less than 500 ft., and it will be 8 to 10 years before the town has to put money into it. He stated that accepting Hudson Hollow Road as a town road is the moral thing to do. Council Member Chase asked what would be the problem if the town waited on accepting the road until houses were built there. Supervisor Leifeld stated the Town Board should look at this at if it were 1989. Hudson Hollow Road was planned to be a town road. Council Member Chase stated she would like to hear more of the issues. Attorney Riseley stated the installation of utilities to homes along this road would also become an issue. Supervisor Leifeld made a motion for the Town Board to commit to accepting Hudson Hollow Road as a town road per whatever legal requirements need be approved by Town Attorney Peter Graham. Council Member La Monda seconded this motion. Council Member Chase stated that by making this a town road, all the things that went wrong are going to be glossed over as if it never happened before. Council Member Chase stated she would like to know more about the legal issues here. She stated that by accepting this as a town road these issues are just being ignored. Council Member Chase asked if the property owners could work on getting road maintenance agreements for these lots. Council Member Burkhardt stated that by not righting the wrongs then these issues would then fall on the property owners backs. Council Member Johansen stated that she feels the Town Board should accept this as a town road but expressed concern that this could happen again. She pointed out that in the Doyles deed it mentions the intention of Hudson Hollow Road being a town road. Supervisor Leifeld requested a roll vote on the motion. Roll vote being: Johansen, yes; Chase, yes (with objections) feeling that other property owners along this subdivision are getting a free ride; La Monda, yes; Burkhardt, yes; and Leifeld, yes. Supervisor Leifeld stated the Town Board would meet Monday, September 15th at 5:30 pm at the Town Meeting Hall in Shokan and would proceed to the Ulster County Legislative Committee meeting at 6:30 pm regarding the large parcel bill. All business pertinent having been discussed the Town Board adjourned at 8:30 pm on a Leifeld/La Monda motion. Sylvia Rozzelle, Town Clerk Town of Olive County of Ulster State of New York September 15, 2003 Minutes of a special meeting of the Town Board of the Town of Olive held Monday, September 15, 2003, 5:30 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 Others Present: Jimmy Fugel, Highway Superintendent The Town Board met to discuss their presentations to be made to the Ulster County Legislative General Services Committee regarding the large parcel law. Supervisor Leifeld informed the Town Board that the City of New York Ashokan office had requested use of the towns paver and operators to assist with placing shoulders on the detour section of Route 28A. He stated that discussion was held between Highway Superintendent Fugel, NYC District Engineer Todd West, NYC Foreman Mike Kight, and himself with an agreement made that the town would not loan the towns paver to the City of New York. The Town Board reviewed their presentations and at 6:30 pm proceeded to the Ulster County Legislative General Services Committee meeting at the County Office Building. Sylvia Rozzelle, Town Clerk
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