Minutes of the monthly meeting of the Town Board of the Town of Olive held Tuesday, August 3, 2004, 7:30 pm at the Town Meeting Hall in Shokan, NY.
Members Present: Berndt Leifeld, Supervisor
Henry Rank, Council Member
Helen Chase, Council Member
Bruce La Monda, Council Member
Linda Burkhardt, Council Member
Recording Secretary: Sylvia Rozzelle, Town Clerk
Others Present: Jimmy Fugel, Highway Superintendent; Everett Cook, ZBA Member; Paula Minew, Erne Levins, Planning Board Members; and Robert Schanck, Police Commissioner
On a Chase/La Monda motion the Town Board approved the minutes of the June and July meetings as submitted by the Town Clerk.
The following correspondence was read and filed:
#69-04
Assemblyman Kevin Cahill expressed support for Town of Olive Resolution #6 and the Coalition of Watershed Towns in their opposition to actions by the New York City DEP regarding the proposed Crossroads Ventures Belleayre Resort.
#70 & #71-04
Attorney Peter Graham requested an extension of time to Michael Catalinotto, Attorney representing Ulster County, in the Ulster County vs. the Olive Fire Department summons and has received said extension until August 30, 2004. Attorney Peter Graham stated he is a part-time Assistant District Attorney and as such is an Ulster County employee and would be in a technical conflict to represent Olive. He suggested the Town Board utilize Attorney James Kerr in this case. Supervisor Leifeld stated the legal summons has been forwarded to Attorney Kerr.
#72-04
On a La Monda/Chase motion the Town Board unanimously approved the appointment of Brian Schirmer of West Shokan as member to the Olive Fire Department.
#73-04
Ulster County Legislature Chairman Richard A. Gerentine stated the Hudson Valley will be hosting the Empire State Games in 2005 and volunteers are needed.
On a La Monda/Chase motion the Town Board unanimously approved payment of the following audited bills: General Fund Prepaid Voucher #385, $296.00; General Fund Vouchers #386-#423, $67,490.96; Street Lighting Voucher #7, $32.25; and Highway Vouchers #220-#250, $59,973.83.
Under Old Business: Supervisor Leifeld stated Police Commissioner Robert Schanck would like to respond to a letter from Chris Johansen. Robert Schanck stated he retired in 1990 after twenty plus years with the State Police. He stated while living in Olive he worked in the 1970’s for a program training Constables in the Town of Olive and Shandaken. He stated Bob Adsit, Berndt Leifeld, and Ron Wright later contacted him regarding taking over the department. In 1991 a Police Department was formed and the Town Board appointed a Board of Police Commissioners composed of Bob Adsit, Pete Tosi , and himself. He stated he worked very closely with DCJS during that time sending members of the constabulary to school to meet the requirements of a Police Department. In working with DCJS they established what we should and shouldn’t do regarding this police department. He stated Olive is a small department in which he was appointed as a commissioner or director of the police department and has held that position for the last 13½ years. He stated it is not uncommon for retired police officers to be put in this position. He stated the Board of Police Commissioners is now made up of Vincent Bruck, Bruce La Monda, and himself noting these are unpaid positions. Mr. Schanck stated he would like to respond to the allegations and claim by Mr. Johansen that DCJS shows Mr. Schanck registered as a Police Officer with their department. Mr. Schanck stated he has never signed an Oath of Office for a Police Officer nor filed an Oath of Office for this position with the Town Clerk further noting this is the only way one can be a Police Officer. Mr. Schanck supplied Town Board members with a printout from DCJS (#74-04) that listed his title as Police Commissioner. He noted this is a confidential document due to employees’ social security numbers appearing on the document. He stated Mr. Johansen alleges he contacted DCJS and said they listed those with uninterrupted service since 2/6/1991. Mr. Schanck stated this information is not printed on the paper that Mr. Johansen received from DCJS. Mr. Schanck stated he contacted DCJS who informed him their department is only capable of providing individuals with current information. Mr. Schanck pointed out to the Town Board that this information does not appear on the confidential DCJS document and stated that Mr. Johansen owes an explanation to this Town Board as to where he obtained his information. He requested Supervisor Leifeld read correspondence from Town Attorney Peter Graham.
Attorney Graham states (correspondence #75-04) after reviewing documents and Chris Johansen’s letter dated July 6, 2004, in his legal opinion Commissioner Schanck may properly serve on the Town of Olive Police Commission noting he does not read the police registry the same way Mr. Johansen reads it. Attorney Graham states although Mr. Schanck is a retired State Trooper he is not now a police officer in the Town of Olive and his Constitutional Oath clearly identified him as a member of the Board of Police Commissioner and not a police officer.
Mr. Schanck stated he is confident that this Town Board knows there is more involved here stating that Rich Ostrander recently resigned his position as a Police Commissioner. He further stated he has personally known Mr. Ostrander for 30 years but it is obvious that Mr. Ostrander has an agenda. Robert Schanck stated he has received a letter from the Board of Elections taking his voting privileges away. He stated he is appealing this determination with the Board of Elections and his attorney has stated that he has a good chance of being reinstated to vote in Olive where he has voted for the past 30 years.
Supervisor Leifeld asked about the Board of Elections appeal process and how long it should take. Mr. Schanck responded it should be soon. Supervisor Leifeld stated that Mr. Schanck has been accused of something and he has every right to defend himself. Supervisor Leifeld stated he would like to see Robert Schanck continue running Olive’s Police Department until they hear from the Board of the Elections. Town Board members were in agreement.
Supervisor Leifeld stated while addressing allegations he would like to enter into the record a letter from Town of Olive Building Inspectors. Supervisor Leifeld read correspondence #76-04 in which John Ingram and Domenick Covello state the building department takes issue with the letter to the editor submitted by Cindy Johansen on 7/11/04. They state the City of New York was issued building permit #1951 for construction of the police building on Route 28A and Beaverkill Road. They further noted the Certificate of Occupancy was issued from the Town of Olive Building Department on 10/31/2003.
Chris Johansen stated he gave the Town Board what they got from DCJS and what Bob Schanck produced tonight came from Bob Schanck. He stated the letter he asked for and received from DCJS states that Bob Schanck is a Police Officer. Chris Johansen stated it doesn’t matter what the Board of Elections says because all on the Town Board knows that Bob Schanck is not a resident of this town and cannot be on the Police Commission. Chris Johansen stated he can’t believe this can go on. Supervisor Leifeld asked Mr. Johansen if he actually thinks that Mr. Schanck would walk away from these accusations and not defend himself. Chris Johansen stated that Bob Schanck produced this list from his office. The Town Board reiterated that the confidential sheet handed them by Bob Schanck is clearly from DCJS. Robert Schanck stated he contacted the legal department at DCJS and they produced a more detailed list. Mr. Schanck stated DCJS also provided him with a copy of a list of names that DCJS had provided Mr. Johansen. Mr. Schanck showed Mr. Johansen that the sheet says Police Commissioner. Chris Johansen stated the original form received from DCJS was unclear so they wrote a letter back to DCJS to clarify it and DCJS states in the letter that Bob Schanck is a Police Officer. Robert Schanck reiterated he is not a Police Officer he is a Police Commissioner further noting that a body of three itself cannot represent a police department only one person can either be a director or commissioner.
Council Member La Monda stated the other issue that came up in regards to paying of Police Department bills has been answered by Attorney Peter Graham in correspondence #77-04 which states after reviewing case law it is his legal opinion that though the Police Commission may review expenditures, the ultimate decision on whether or not the expenditure be paid resides with the Town Board further noting the Town Board controls the Police Commission; the Police Commission does not pay bills. Council Member La Monda thanked Rich Ostrander for bringing up this issue noting he now feels more confident they have been auditing the claims the proper way. Council Member La Monda stated the Town Board is in charge of auditing and paying the bills and vouchers are submitted to the Town Board by the commission.
Supervisor Leifeld read letter #78-04 from Olive Republican Club Secretary Cindy Johansen which states the Olive Republican Club would like to begin video taping Town Board meetings to be submitted to Time Warner for viewing on cable television. Supervisor Leifeld stated the Town Board agrees with this but would like to handle it a bit differently. Supervisor Leifeld stated many years ago the Town Board discussed taping meetings for public viewing on cable. He stated there are concerns regarding editing and accountability and if the Republican Club wants to tape town meetings that is fine; however, the Town Board will be taping their meetings and submitting them to cable. Town Clerk Rozzelle stated the video tapes would adhere to NYS MU-1 Retention and Disposition Schedule and copies obtained through Freedom of Information guidelines. Supervisor Leifeld stated that once video taping of meetings begins if someone wants to be on the agenda then the specific question or concern will be in writing in advance so answers could be given immediately, not a month later. He noted this would be a better flow of information to the public noting one week in advance of meetings would be sufficient time for submitting a written request to be on the agenda. He stated that our attorney fees are outrageous and every time the Town Board requests a legal opinion it costs about $150.00 per letter. Supervisor Leifeld stated he doesn’t feel that a wall should be built up here stating he wants to avoid ending up fighting and getting nothing done. He stated we have a nice little town, that’s the way it’s been all these years, and we want to keep it that way.
Supervisor Leifeld noted the interest through June 2004 as $8,166.78 and cash received through June 2004 as $33,933.00.
The following committee reports were submitted:
FIRST AID liaison Council Member Chase submitted report #79-04 for the months of May, June, and July 2004.
RECREATION liaison Council Member Chase submitted report #80-04 for a special meeting regarding types of bats to be used during softball games. The Recreation Committee requests the Town Board support their decision to limit play to wooden bats and using limited-flight balls. The Recreation Committee would like to purchase a curtain-type netting as a back drop to deter the balls from going beyond the field—cost being approximately $300-$400.
FIRE DEPARTMENT report #81-04 shows a total of thirty-three (33) responses for the month of June.
TRANSFER STATION liaison Council Member Burkhardt submitted report #82-04 noting total revenues as $6,060.00 and total expenses as $5,606.30.
POLICE Commissioner La Monda submitted July report #83-04 noting nineteen (19) assists to other departments and the largest number of complaints at four (4) each being domestic disputes, illegal dumping, and parking complaints.
HIGHWAY liaison Council Member Rank submitted June report #84-04 stating Highway Superintendent Fugel attended the annual Cornell University Local Roads Program Highway School. He stated the town’s two (2) surplus vehicles were taken to the Ulster County auction, brush piles were burned at the Transfer Station, Van Steenbergh Lane and Place and Weidy Lane were blacktopped, ½ of Peck Road was shaled, Beechford Drive was motorpaved, and the department has started cutting dead trees utilizing the bucket truck.
COURT report #85-04 noted Judge Barringer handled 59 cases totaling $2,350.00 in fines, $1,845.00 in surcharges, and $35.00 in civil fees; and shows Judge Wright handled 45 cases totaling $2,905.00 in fines, $1,535.00 in surcharges, and $20.00 in civil fees.
TOWN CLERK Rozzelle stated legal notices were received from the Town of Marbletown regarding a moratorium on building and from the Town of Rochester extending the existing moratorium on mobile home parks. She stated Mrs. Florence Hornbeck, a direct descendant of owners of the Bishops Falls House, donated photographs of the boarding house to the Town of Olive Archives. She stated this newly acquired accession has also been put on cd-rom by Mark Du Bois and copies supplied to the Olive Free Library, the Town of Olive Archives, and Mrs. Hornbeck. She expressed her appreciation to Mrs. Hornbeck for donating such wonderful photographs to the town and to Mr. Du Bois for volunteering his time and equipment to preserve our town’s history. Town Clerk report #86-04 shows July revenues totaling $16,608.38 turned over to the Supervisor.
Supervisor Leifeld stated over the last months the town has instructed our attorneys to challenge ORPS for the equalization rate and the value they put on the Ashokan Reservoir. He stated at the beginning the attorneys stated you’re wasting your time; however, he would like to give credit to Jack Darwak, Attorney for Hurley, who kept saying how much can you lose go ahead and do it. He stated the town insisted they challenge ORPS on the value of the reservoir which was $119 million--a figure NY City had lost on in court. He stated two weeks ago ORPS had a hearing and they approved an increase of valuation on the reservoir to $340 million. He stated on the good side, if the school enacts the large parcel bill taxpayers won’t see as large an increase in taxes. He stated our attorneys met with the Superintendent of Schools and three school board members regarding this. He stated we are now a richer town, changing the equalization rate, changing state aid, and changing a whole lot of things. He stated Olive hasn’t done a reval since the courts controlled us as to what we could do with the city property. We now have a figure on the reservoir so now we can do the reval of the residential and commercial properties. He stated we have made progress and have gained a lot but it has been a no win situation in the Town of Olive. He stated last time we were told by the court that we must do a reval. Therefore, the assessor has contacted several companies some with large estimates and not as many services as the company they interviewed last week. He stated Cole Layer Trumble Company out of Connecticut appears to provide the most benefits for a lesser cost. He stated CLT was the lowest estimate for the most amount of service at $195,000.00. He stated other estimates ranged from $280,000.00 to $300,000.00. He stated the good news is the town established a Capital Reserve Fund years ago knowing this day would come so the money is sitting there in a capital reserve account and is enough to cover the reval. He stated he is sure that the school board at this point is looking for a way to admirably handle the large parcel bill noting he has had two calls from the new Superintendent and has set up a meeting with Ulster County Real Property Director Dorothy Martin, Woodstock Supervisor Wilber, Shandaken Supervisor Cross, a few school board members and himself on August 16th. He stated vacations and Dorothy Martin being away prevented a meeting earlier; however, they will have another informal meeting with the school board prior to the 16th. Regarding the reval, Supervisor Leifeld stated that one thing the Town Board insisted on is that the entire town be done at the same time; therefore, changes for everyone are reflected on the same assessment roll. He stated the company will come look at your house and put a value on it. He stated that usually 1/3 goes up, 1/3 stays the same, and 1/3 goes down. He stated we couldn’t have done it years ago because you couldn’t have done something with the city’s assessment and now with ORPS ruling we can. Council Member Burkhardt commended Supervisor Leifeld and Council Member La Monda for all the work, time, meetings, and travel they did in getting this done.
On a Leifeld/Burkhardt motion the Town Board unanimously approved the following budget modifications:
From DA5110.4 (General Repairs) to DA5130.4 (Machinery) $ 20,000.00
Capital Reserve A to DA5130.2 (Machinery) $210,000.00
Capital Reserve F to DA5130.2 (Machinery) $ 50,000.00
DA9060.8 (Hospitalization) to DA9050.8 (Unem. Insurance)$ 19.00
From Capital Reserve E to A1010.4 (Town Board) $ 50,000.00
A1990.4 (Contingency) to A1220.2 (Supervisor) $ 320.00
Supervisor Leifeld stated it is sad to say that Robert Burgher passed away noting the valued service that Bob gave to this town. At 9:10 pm on a Leifeld/La Monda motion and unanimous approval the Town Board requested a page in the Town Minute Book be dedicated in Bob Burgher’s memory and the meeting be adjourned in memory of Robert Burgher, Francis "Frank" Calrow, and May Valk.
