Town of Olive
County of Ulster
State of New York
July 23, 2001

Minutes of a public hearing of the Town Board of the Town of Olive held Monday, July 23, 2001, 7:30 pm at the Town Meeting Hall in Shokan, NY. The purpose of the public hearing as stated in the legal notice read by the Town Clerk was to hear all in favor of or those opposed to the adoption of a proposed local law to provide for the Codification of the Local Laws, Ordinances and certain resolutions of the Town of Olive into a Municipal Code to be designated the “Code of the Town of Olive”

Supervisor Leifeld addressed the approximate fourteen (14) persons in attendance by stating the law being considered for adoption reflects updating and revising existing town laws and resolutions to meet present standards. He noted this law does not include possible revisions to the wireless telecommunications law but does include substantial changes to the junkyard law. 

He noted the proposed local law for adopting the Town Code was reviewed by the Ulster County Planning Board and received their response (#38-01) with the following recommendation: “The proposed amendments reflect the modernization of the Town’s Zoning Statute bringing it into conformance with language found in Section 267-b of the Town Law. The Town is to be congratulated for this work and other amendments to the Code that reflect the changing nature of land use within the community.”

Attorney Peter Graham stated that since 99% of the Codification has been enacted and the laws have been read in their entirety at previous public hearings and have been adopted and published, Supervisor Leifeld may simply summarize the Code. 

Supervisor Leifeld stated that one major change is the junkyard law and the Town Board is looking at revising the wireless law. He noted that nothing in this Code is etched in stone once the Code is adopted. 

Council Member Chase stated most are minor changes needed to update our existing laws to meet current state laws. She noted that changes have been made in penalties to make them consistent among laws. Attorney Peter Graham added that the Town for the first time will have a Junkyard Law that imposes regulation of non-motor vehicle junkyards. He noted that prior to this law people could store garbage, trash, and other non-motor vehicle junkyards. He noted that the Building Department is very pleased to see this law that will give them the ability to enforce the laws for the good of the town. 

Supervisor Leifeld read Section 101-19 the junkyard chapter noting specific changes in fines and penalties. Attorney Peter Graham noted that even though there may be multiple offenders this junkyard law will now be a non-motor vehicle junkyard law and will allow the town to sanction the clean up after three offenses with the cost of the clean up to be levied on the offenders tax bill.

Supervisor Leifeld addressed the members of Olive CARES regarding their recommendations of amendments to the wireless law. He noted that the Town Board held a workshop meeting regarding these issues and the Attorney for the Town feels they are good suggestions. He noted it is not something the Town Board can do tonight as they need to move along with adopting the Code and putting the junkyard law into effect. Supervisor Leifeld assured those in attendance that the Town Board would not put the wireless law on the back burner. He stated he would like to work on these issues quickly and amend the wireless law prior to the next application. 

Jack Conaway asked if there is anything in the code that would affect telemarketing, which is a form of peddling. Attorney Peter Graham stated that all laws evolve from the state and not the other way around so the state has preempted the field in that regulation. 

In response to a question as to whether or not religious groups would need a peddler’s permit, Attorney Peter Graham answered that no town has ever requested a peddler’s permit for religious groups going door to door. He noted a peddler’s permit is not to stop peddling but to focus on peddlers and solicitors to force people who are going door to door to reveal in actuality who they really are. He noted there is jurisdiction over not-for-profit organizations that would require them to acquire a peddler’s permit.

Supervisor Leifeld stated the public hearing tonight is on the local law that would enact the Code. Peter Graham stated that since the UCPB has made their referral then the Town Board could either act tonight or take it under advisement and act on the law at the next meeting. Attorney Peter Graham stated that Council Member Chase has brought up some typographical errors and significant changes that should be taken care of prior to adopting the Code. 

Donna Bryant stated she has two concerns on the wireless law in that our local law should forbid the facilities being used for purposes they are not designed for under the Telecommunications Act, particularly radio and television. She noted impacts of environmental and health are particular serious. She stated the law should restrict these structures to light industry areas instead of in the middle of the scenic centerpiece and near so many homes. 

Regarding amending the wireless law, Anne Marie Johansen stated her main opposition is that the people are at risk and is concerned about the facility offering the type of service that under the Telecommunications 
Act is not really required. 
Supervisor Leifeld stated he would like to move along with the Code in an effort to implement a few new laws that are necessary but will look at reviewing the existing wireless law. Supervisor Leifeld responded to Ms. Bryant by stating if the town took tv and radio out of the local law then an applicant for these types of facilities would have to go to the ZBA, get a variance and the tower would be up already so why not have more restriction than less restriction. Council Member La Monda stated by keeping this aspect in the law the town can regulate these types of facilities. Gary Alexander stated something in the law could specifically restrict tv towers or other similar facilities. Council Member Chase stated the Town Board could possibly look at having a separate law for radio and tv. 

Council Member La Monda asked if anyone knew where the cable television towers are. When all persons responded “no”, Council Member La Monda stated they are located off of Bostock Road, they are not visible and doesn’t understand the concept that these telephone pole towers can provide service to the entire town and is confused why the current tower application has to be so grandiose. 

Anne Marie Johansen stated there are many people that live in the shadow of the proposed tower facility and feels the town is at risk of accepting a proposal that is requesting construction of a tower that does not provide the types of service that we are obliged to provide under the Telecommunications Act. She stated we would then have more towers and forced to review applications for other towers that do provide the type of service required. Anne Marie Johansen stated she feels there is more to the current application than we know and feels that once it is approved we will then be forced to live with something that is very unpleasant and will not fulfill our obligation under the Telecommunications Act. She stated she thought the current local law was to insure an applicant must have a major cellular provider before the application could be presented. She expressed concern that the applicant for the proposed tower is putting this Town Board in a difficult position for the profit and convenience of a few. She stated that she has felt all along that there are aspects of the current application that are less than forthright and less than proper and she would hate to see something go through that will affect a major resource of the town which is the unbroken ridgeline of the Catskills that so many people enjoy. 

Supervisor closed the meeting with the thought that the Town Board will address the typographical errors and address the issue of adopting the code at the next Town Board meeting. 

All persons present having been heard the Town Board adjourned on a Leifeld/La Monda motion at 8:30 pm.

Sylvia Rozzelle, Town Clerk