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Town of Olive

County of Ulster

State of New York

February 2, 2004

Minutes of the monthly audit meeting of the Town Board of the Town of Olive held Monday, February 2, 2004, 7:30 pm at the Town Meeting Hall in Shokan.

Members Present: Bruce La Monda, Deputy Supervisor

Henry Rank, Council Member

Helen Chase, Council Member

Linda Burkhardt, Council Member

Member Absent: Berndt Leifeld, Supervisor

Others Present: Jimmy Fugel, Highway Superintendent; Anne Marie Johansson, Planning Board Member

The Town Board audited the bills for the month of January.

Anne Marie Johansson stated in reviewing the Crossroads Ventures DEIS the Town of Olive is not mentioned in the document. She stated the Town Clerk provided her with copies of minutes and correspondence from November 1999 through March 2002 where the Town of Olive Town Board contacted the Shandaken Supervisor, Shandaken Planning Board and also Mr. Ciesluk of the DEC expressing Olive’s concerns about the project’s impact on our town--specifically the traffic issues in regards to Route 28. She requested the Town Board send a follow up letter to Mr. Ciesluk reiterating Olive’s concerns regarding this project.

Council Member Chase asked if Anne Marie Johansson or any of the Planning Board members were attending the Association of Towns meeting in mid February. Council Member Burkhardt felt it a good idea for any of the Planning Board members attend this training session or any planning training programs. General consensus of the Town Board was to approve the funding for Mrs. Johansson to attend the Association of Towns Meeting.

Highway Superintendent Jimmy Fugel stated he would like to upgrade the minimum standard requirements for construction of town roads to change the final surface requirements from oil and chip to motor paving. He noted that any private road or open development district that has intentions of becoming a town road must be built to town specifications. He stated this could require a local law adopted by a resolution of the Town Board.

Art Hagl asked about the litigation regarding the cell tower. Deputy Supervisor La Monda stated the pre-trial motions have not been heard yet noting the issue is still in the hands of the federal judge.

All business pertinent having been discussed the Town Board adjourned at 8:34 pm on a La Monda/Chase motion.

Town of Olive

County of Ulster

State of New York

February 5, 2004

Minutes of the regular monthly meeting of the Town Board of the Town of Olive held Thursday, February 5, 2004, 7:30 pm at the Town Meeting Hall in Shokan. The meeting was originally scheduled for Tuesday, February 3rd but was rescheduled due to snow.

Members Present: Bruce La Monda, Deputy Supervisor

Henry Rank, Council Member

Helen Chase, Council Member

Linda Burkhardt, Council Member

Member Absent: Berndt Leifeld, Supervisor

Recording Secretary: Sylvia Rozzelle, Town Clerk

Others Present: Everett Cook, ZBA Member; Jimmy Fugel, Highway Superintendent

On a Burkhardt/Rank motion the Town Board unanimously approved accepting the minutes of the previous months’ meetings as submitted by the Town Clerk.

The following correspondence was read and filed:

#5-04

Barry Schwartz, Law Department Corporation Counsel of the City of New York, requested the Town of Olive join the 448 member coalition in support of the Collateral Source Bill (S.622/A.3483) which would amend the State’s Civil Practice Law and Rules by ending the current inequity under which only cities, towns, villages and other public employers must pay what amounts to a plaintiff’s double recovery for lost future earnings in tort actions. This unjust payment occurs only when the lawsuit is brought against the municipality by one of its employees. On a Rank/Chase motion the Town Board unanimously approved sending a letter of support to the Governor, the State Majority Leader, Joseph Bruno; the Speaker of the State Assembly, Sheldon Silver; Senator Bonacic, and Assemblyman Cahill.

#6-04

On a La Monda/Chase motion the Town Board unanimously approved Ken Hockman as member of the Olive Fire Department.

#7-04

Anne and Vance Crawford stated concerns of the ineffectiveness of Dog Control Officers not responding to picking up a lost dog on Traver Hollow that froze to death. They requested the Town reimburse their neighbors who took the dog to the veterinarian. Town Clerk Rozzelle stated the Van Leuvans were not charged by the veterinarian and stated it is sad that the dog was not provided with emergency housing during the cold weather.

On a Burkhardt/Rank motion the Town Board unanimously approved payment of the following audited bills: Highway Voucher #2-#19, $10,566.25; Special Lighting Voucher #1, $27.82; General Fund Prepaid Voucher #17, $100.00; and General Fund Vouchers #38-#50, $61,968.57.

Under Old Business: In the matter of accepting Hudson Hollow Road as a Town Road, Deputy Supervisor La Monda stated the Town Attorney has reviewed as acceptable Michael J. Bernholz’s Application to Lay Out a Town Highway, Highway Superintendent Jimmy Fugel’s Order Laying Out Town Highway, and the applicant’s Dedication and Release of Lands for Town Highways. In response to a question concerning the portion known as Parker Lane Extension, Highway Superintendent James Fugel stated that thirty (30) years ago the Parker Lane turnaround was not constructed where the survey showed; therefore, Mr. Bernholz resurveyed this area to have the deed description comply with where the road actually is. On a La Monda/Burkhardt motion and roll vote the Town Board unanimously approved Hudson Hollow Road as a Town Road. Roll vote being: Rank, abstained; Chase, yes; Burkhardt, yes; and La Monda, yes.

Deputy Supervisor La Monda stated the cash received for December 2003 as $56,137.30 and interest received through December 2003 as $14,711.72.

The following Committee reports were submitted:

FIRST AID liaison Council Member Chase read draft letter #8-04 to Mr. Ray Barishansky of the Hudson Valley Regional Emergency Medical Services Councils, Inc., supporting the council’s position in seeking a waiver enabling our drivers responding to emergency calls to begin providing aid and assistance prior to the EMT or paramedic coming on site. She requested the Town Board approve either the draft letter or something similar. On a Burkhardt/Rank motion the Town Board unanimously approved sending said letter. Council Member Chase submitted January 2004 report #9-04 noting twelve (12) EMS calls, four (4) ALS, and seven (7) BLS with 518 miles traveled and 63 ½ hours volunteered.

RECREATION liaison Council Member Chase reported on the joint meeting of the Recreation Committee and the newly emerging soccer management team. (#10-04) She noted the Recreation Director is in need of a new computer as the hand me down from the Town Clerk is not operative.

FIRE DEPARTMENT 2003 End of the Year Report (#11-04) showed a total of 177 emergency calls answered with a total of 3,292.5 hours volunteered along with 3,608.3 hours of drills.

TRANSFER STATION liaison Council Member Burkhardt submitted report #12-04 for December 2003 showing revenues of $4,705.00 and refuse disposed of at a cost of $4,552.10.

HIGHWAY liaison Council Member Rank submitted report #13-04 for November, December, and January noting that Jimmy Hyde was rehired permanently after a two year absence; with the help of CH Energy Group a major tree job was completed on Bradken Road; two new four-wheel drive single-axle dump trucks have been ordered off state bid; Verizon has solved the base station radio problem; and pagers were purchased from state bid for the highway crew so they can be reached during their off times.

TOWN CLERK Rozzelle stated January centered mostly on tax collecting with the warrant to the Supervisor being paid in full. She noted the refinancing that occurred in 2003 created numerous collecting problems with banks making duplicate and incorrect payments.

Under New Business: Deputy Supervisor La Monda stated Marie Post of Animal Emergency Fund, Inc., (#14-04) has requested municipalities designate Tuesday, February 24th as Spay Day, USA in an effort to provide education and publicity as to the importance of spaying and neutering ones pets. On a La Monda/ Chase motion the Town Board unanimously approved Resolution #1 of 2004 Designating Tuesday, February 24th, 2004 as "Spay Day, USA".

Deputy Supervisor La Monda stated the Town Board from November 1999 through March 2002 has submitted correspondence to Shandaken and to the DEC about Olive’s concerns in regard to the Crossroads Ventures project. He stated specifically the Town Board has raised questions regarding the traffic impact on Route 28. He noted that Olive is most definitely a community effected by this project and there appears to be nothing in the DEIS addressing Olive’s concerns or stating that we are an effected community. Deputy Supervisor La Monda made a motion to send a letter to the DEC requesting Olive be included in the DEIS as an impacted community due to traffic flow and that a traffic study be included for Route 28 through our hamlets. Deputy Supervisor La Monda stated that in November of 1999 letters were sent to the Shandaken Supervisor and Planning Board requesting Olive be kept advised as to meetings so a liaison from Olive could attend and act on our behalf. Olive had also suggested bonding the project to protect the existing environmental and community concerns. He stated that a letter was also sent to DEC representative Alexander Ciesluk in March of 2002 again requesting the traffic issues in Olive be addressed. On a La Monda/Chase motion the Town Board unanimously approved sending a letter to Mr. Ciesluk of the DEC requesting Olive be included in the DEIS as an impacted community due to traffic flow and requesting knowing what measures will be taken to include a traffic study. Roll vote being: Rank, yes; Chase, yes; Burkhardt, yes; and La Monda, yes. Council Member Burkhardt stated that she and Council Member Chase were at the SEQR meetings at the school addressing these Town Board concerns at the public hearing. Council Member Chase stated that we would be the ones on our end paying taxes on the upkeep of infrastructure whereas they have a tax abatement on their end.

Deputy Supervisor La Monda stated the dog kennel keeper’s salary is $1,000 per year but has to travel back and forth from Shokan to care for the dogs. On a Chase/La Monda motion the Town Board approved paying the kennel keeper the town approved mileage rate of .30 cents per mile when he is traveling to and from the town kennel attending to dogs.

Deputy Supervisor La Monda stated that for the town to have a dog or cat taken to the UCSPCA we have to have a contract with the SPCA and presented the contract to board members. General consensus of the Town Board was to table this issue until they could review the contract.

Deputy Supervisor La Monda stated that each Town Board member has received the written amendments to the union contract and requested knowing if everything is agreed upon. Council Member Burkhardt stated speaking for herself and Joe Stein as Union Negotiating Committee members, they are in agreement. General consensus of the Town Board is that it meets with their approval.

Council Member Chase stated an individual in West Hurley who has done research regarding New York City has found that Mayor Giuliani suggested during his administration that the NY Water Supply system be privatized. She noted at that point there was a sale price determined from which perhaps a price for the Ashokan Reservoir could be extrapolated. Deputy Supervisor La Monda stated he spoke with Attorney Patrick Seely and there is a tentative date for he and Supervisor Leifeld to go to Albany along with our attorneys to meet with ORPS on February 21.

Council Member Burkhardt stated she and Council Member Rank attended local government day in Albany where they had contact with many state departmental representatives. One of the officials from the DEC spoke regarding grants and assisted programs for municipal waste and recycling. She stated she contacted Mr. Roberio as there are some repairs needed at the Transfer Station. She stated we are now on the list for eligibility--which is on a first come first served basis. She stated the town is planning to renegotiate with Time Warner and Tom Isabella of the PSC will assist us in the process. She stated she and Mr. Isabella would be meeting with Linda Parks of Time Warner on Monday to start our negotiations. She stated one of the specific items discussed will be the need to expand service in town.

Sue Gunther asked if the ambulance squad will be implementing billing stating concerns about paying large ambulance bills. Council Member Chase stated that once both ambulance groups are billing then the issue becomes less complicated noting that three times the application has been sent in. The first time the requirements had changed, the second time they now want the application electronically filed, so the third set of paperwork is now being filed.

All business pertinent having been discussed the Town Board adjourned at 8:50 pm on a La Monda/Burkhardt motion in memory of Elmer Robert Elliott, Vera H. Green, Dorothy Anna Henneberry, John F. McCarthy, John G. Schetzel, and Mary Stahl.

Sylvia Rozzelle, Town Clerk

 

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