Minutes of the monthly audit meeting and regular monthly meeting of the Town Board of the Town of Olive held Tuesday, June 1, 2004, 7:30 pm at the Town Meeting Hall in Shokan, NY.
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: Jimmy Fugel, Highway Superintendent; Everett Cook, ZBA
Member
The Town Board audited the bills for the month of May.
On a Burkhardt/Rank motion the Town Board dispensed with the approval of the May minutes until next month’s meeting.
The following correspondence was read and filed:
#43-04
The Ulster County Legislature states an informational meeting will be held on Thursday, May 27th, 5 pm in the Legislative Chambers in Kingston for the purpose of updating the legislative body on information regarding Ellenville Regional Hospital. Deputy Supervisor La Monda stated the letter was received after the meeting date and requested the Town Clerk obtain information from the legislature as to what transpired at this meeting.
#44-04
On a La Monda/Chase motion the Town Board approved the following members to the Olive Fire Department: Christopher Brophy and Timothy Dupree.
#45-04
Olive Fire Department Treasurer Peter Nissen thanked the Town Board for their support in acquiring two ZOLL AED Plus Defibrillators for the Fire Department. Deputy Supervisor La Monda stated that Senator Bonacic was responsible for Olive’s receiving the AED’s and he publicly thanked Senator Bonacic for his efforts.
#46-04
The American General Store requested a portable toilet be installed in or near the Davis Park area since a public restroom is needed for people traveling Route 28A. Council Member Burkhardt stated the board should inform them that the bathrooms at Davis Park are open every day even when the pool is not open.
#47-04
Attorney James Kerr stated he is retiring his active practice and since there has been no decision on the plaintiff’s motion for summary judgment regarding the Masterpage Communications claim he would like to know who to deliver the files to referencing the case. Deputy Supervisor La Monda stated that Attorney Peter Graham has informed him that Mr. Kerr has agreed to stay with this case through its entirety. Deputy Supervisor La Monda stated that April 16, 2003 was the date for summary judgment noting the federal courts are definitely slow in their response.
On a Burkhardt/Rank motion the Town Board approved payment of the following audited bills: Highway Vouchers #135-#172, $44,034.14; Prepaid General Fund Vouchers #245-#248, $7,176.95; General Fund Vouchers #249-#304, $40,175.97; and Prepaid SL Voucher #4, $32.94.
Deputy Supervisor La Monda introduced Resolution #6 of 2004 A Resolution of Support of Coalition of Watershed Towns Opposition to New York City DEP Interference with Home Rule and Pattern of Restricting Economic Development in Watershed Communities. He stated that both he and Supervisor Leifeld, being representatives on the Coalition of Watershed Towns, have stipulated they feel the Coalition should not be involved in the Crossroads Ventures project but they do support the Coalition in the fact the City of New York should not be concerning themselves with issues not involving water quality. He stated in the spirit of the MOA he feels the City of New York does not belong in some of the areas they want to be involved in. Deputy Supervisor La Monda restated that it is important to note that the opposition is to the City of New York addressing non-water quality issues noting the City has every right to address water quality issues. He stated the Coalition feels the City is trying to reach out further than they should and if it happens here it will set the stage for a smaller or larger project somewhere else. On a La Monda/Rank motion and unanimous roll voted the Town Board passed Resolution #6 of 2004. Roll vote being: Rank, yes; Chase, yes; stating she has a hesitation in her vote in that some of the issues they are dealing with do, in fact, become water quality issues but based on the home rule issue her vote is "yes"; Burkhardt, yes; stating she too has reservations but will vote "yes"; and La Monda, yes.
Deputy Supervisor La Monda introduced Resolution #7 A Resolution for Olive to Participate in the Community Wastewater Management Program Administered by the Catskill Watershed Corporation. He noted that by passing this resolution the Town of Olive is in no way obligated. He stated that according to CWC Director Alan Roosa adopting this resolution only allows Olive to proceed to the next step in the process. He noted that in order for the Town of Olive to make an informed decision regarding a wastewater treatment plant in Boiceville they must go through the process which will put Olive in a position to receive answers to our questions. Council Member Chase read excerpts from the May 7th informational meeting minutes explaining the project. On a La Monda/Burkhardt motion the Town Board unanimously approved Resolution #7 of 2004. Roll vote being: Rank, yes; Chase, yes; Burkhardt, yes; and La Monda, yes.
Deputy Supervisor La Monda read correspondence #48-04 from the Olive Planning Board stating that they find "the Boyd subdivision meets the requirement for an Open Development" further noting that the Planning Board "feels the water easement mentioned in Supt. Fugel’s letter is the responsibility of Mr. De Mayo". Correspondence #49-04 from Highway Superintendent Fugel states that Leigh Anne Way roadway has been suitably improved; "however, there still needs to be a water easement on the Spalding property to ensure adequate drainage of the culvert pipe just off Brown Road in order to meet the proper specifications". On a La Monda/Chase motion the Town Board unanimously recommended the water easement be shown on the map further noting that once the Highway Superintendent has granted his approval for the water easement then the Town Board will grant approval for an Open Development District for the Boyd subdivision.
Under New Business: Olive Court Clerk Dawn Giuditta stated she, Judge Barringer, and Brenda Van Leuvan attended a meeting about utilizing credit cards for payments of fines in the court. She stated that Judge Wright and Judge Barringer do not like the cost to the town but feel they would like to try it noting that both judges requested she present this issue to the Town Board. She feels that money will be received more easily and can possibly bring in more money to the court. She stated the Office of Court Administration has noticed a reduction in the number of suspended tickets with the option of using a credit card. She stated it will cost the town $15.00 per month plus 2 per cent going to the bank. She requested the court be allowed to do this on a test basis for six months to see if any additional funds could come into the court. General consensus of the Town Board was to implement the system until the end of the year at which time it would be evaluated for effectiveness.
Deputy Supervisor La Monda noted the monthly income for April as $17,082.91 and interest received through April as $5,210.61.
The following committee reports were submitted:
PARKS & RECREATION liaison Council Member Chase submitted report #50-04 noting the Summer Recreation Program will start July 6th and run through August 12th; most of the staffing is in place for the swimming pool; adult softball program began at Shokan Park; and Little League began on May 1st.
FIRE DEPARTMENT April report #51-04 noted thirty-six (36) total responses for the month.
TRANSFER STATION liaison Council Member Burkhardt submitted April report #52-04 showing a total of $6,435.00 in revenues and $4,543.00 in expenses.
POLICE COMMISSIONER La Monda submitted April report #53-04 with activities not limited to 7 larcenies, 3 false 911 calls, 12 V&T tickets, 5 dog complaints, 2 domestic disputes, 2 neighbor disputes, and 1 missing person. May report #54-04 noted activities not limited to the following: 6 medical emergencies, 4 larcenies, 4 ENCON laws, 3 harassment, 2 trespass, 3 domestic disputes, 2 criminal mischief, 4 bear complaints, 1 dog complaint, 4 shots fired, 2 civil complaints, and 5 V&T tickets. Correspondence #55-04 from Police Officer Wallace Fulford noted the May 16th child car seat checkpoint in Shokan was a tremendous success with technicians checking 32 car seats over a four-hour period resulting in finding only 1 car seat that was installed properly. Ten (10) car seats were replaced that were either outdated or inadequate and all 32 persons left the event with properly installed car seats. Officer Fulford thanked all volunteers from the Olive Fire Department and the Police Department who made the program a success.
HIGHWAY liaison Council Member Rank submitted May report #56-04 noting the Highway Department hauled stone for Sahler Mill Road, cut brush on Brown Road, patched Upper Sahler Mill Road, seal coated Upper & Lower Sahler Mill Road, cut shoulders/ditching on Black Road, Black Alder and Red Maple, opened the swimming pool, and burned brush at the Transfer Station.
COURT report for May (#57-04) for Justice Barringer noted 85 cases closed with fines of $2,890.00 and surcharges of $1,705.00. May report #58-04 for Justice Wright showed 55 cases closed with $2,780.00 in fines and surcharges of $1,515.00.
TOWN CLERK Rozzelle noted June 1st was the last day for paying 2004 taxes at the local level noting that all payments now must be made to the Ulster County Treasurer. She noted the Ulster County Emergency Management Plan has been filed with her office.
Under New Business: On a La Monda/Burkhardt motion the Town Board unanimously approved transfer of $3,546.00 from Reserve "K" Computers to A1220.2 ($1,767.00) and A1410.2 ($1,779.00).
Deputy Supervisor La Monda stated that New York City filed their complaint with the Board of Assessment Review for the 2004 tentative assessment roll (#59-04). He stated that New York City says on the application that the entire reservoir is worth $115,930,000.00. He stated that if anyone would like to by a dam and sell water perhaps they could contact Mr. Ward and see about purchasing it. Council Member Chase stated this amount is approximately the cost of our new county jail. Deputy Supervisor La Monda stated that NYS Office of Real Property Services (ORPS) stated they raised the figure on the reservoir about 7%. He stated the town has already started the process for the appeal on the apportionment rate noting the apportionment rate has a large impact on the large parcel bill.
Deputy Supervisor La Monda stated the Town Board will hold a public hearing on Tuesday, June 22, 7:30 pm for the purpose of hearing all in favor or opposed to any portion of the proposed franchise agreement between the Town of Olive and Time Warner.
All business pertinent and having been discussed the Town Board adjourned at 8:55 pm on a La Monda/Burkhardt in memory of Ruth Deus.
Sylvia Rozzelle, Town Clerk
Minutes of a Public Hearing of the Town Board of the Town of Olive held Tuesday, June 22, 2004, 7:30 pm at the Town Meeting Hall in Shokan, NY. The purpose of the public hearing as noted in the legal notice was to hear all in favor of or those opposed to any item or items contained in the proposed cable television franchise renewal agreement between the Town of Olive and Time Warner NY, Inc.
Members Present: Berndt Leifeld, Supervisor
Henry Rank, Council Member
Bruce La Monda, Council Member
Linda Burkhardt, Council Member
Member Absent: Helen Chase, Council Member
Recording Secretary: Sylvia Rozzelle
Others Present: Brenda Parks, Time Warner Representative; Tom Isabella, Public
Service Commission Representative
Supervisor Leifeld stated that Council Member Burkhardt has done most of the work on this document along with Tom Isabella of the Public Service Commission and Brenda Parks from Time Warner.
Mr. Isabella outlined the proposed agreement changes to the five persons present. He stated this process has transpired over the past 6 ½ years noting the contract expired in 1998 with several rewrites following. He stated that the line coverage has been reduced to 20 homes per mile. He stated that in some areas the number of homes per mile would not meet the criteria; therefore, charges will be assessed to the property owners.
Ms. Parks pointed out on a map the areas that are now being served by cable and the areas that will be considered for new construction. She explained persons along that road would share mileage charges equally.
In response to a question from Council Member Rank, Mr. Isabella stated that if ten residents share the cost of the one mile of cable and a new development moved in bringing up the build out number then a rebate would be given to the original customers under a five year plan.
Mr. Isabella stated that this contract is far better than what state standards require noting that the state line subscriber number is 35. He stated public educational channels must be set aside in this contract noting improvements have been made by implementing better delivery methods for video taped meetings. He stated that franchise fees would now be paid to Olive twice a year instead of annually.
In response to Council Member Rank’s question asking if a ten year contract is normal, Mr. Isabella stated that most contracts are for ten years noting ten years is acceptable and appropriate in this case.
Cindy Johansen asked if the 250 ft. from the road means as the crow flies or following the road. Ms. Parks stated they usually try to follow where other wires are; however, for an improved signal they may run a more direct route. Mrs. Johansen asked if the revenues are from cable and from roadrunner. Mr. Isabella stated the FCC and second district court out of DC stated that roadrunner was not a cable service falling under the telecommunications law. He stated this court ruling is being appealed by many organizations and cities throughout the country. He stated there is language in this current proposed contract that protects the town in case this issue is overturned.
Mr. Isabella stated Time Warner has 2,047 accounts in Olive with a penetration of 60% covering 126.3 miles. He stated that the town might want to consider having a rate regulation resolution.
In response to Council Member Rank Ms. Parks stated it costs Time Warner $23,000 per mile above ground to install cable lines and $44,000 if cables are buried.
On a Leifeld/La Monda motion the Town Board adjourned the public hearing at 8:10 pm.
Supervisor Leifeld read a legal notice posted by the Town Clerk regarding a special Town Board meeting to be held immediately following the public hearing.
Ron Rubio and Irene Brody addressed the Town Board stating they purchased the Route 28 property previously known as Shokan Bend. He stated they are planning to build a dance theatre and sports studio and would like to utilize the town owned deeded road that accesses Shokan Park as access through this road would be safer ingress and egress to Route 28 as the sight distance would be better. Supervisor Leifeld stated the general consensus of the Town Board is that if Mr. Rubio would exonerate the town of any liability, does not utilize the road to enter the park, or doesn’t restrict access by the adjoining house then they have no problem with it.
Supervisor Leifeld stated the Fire Department would like their check a week early because a new fire truck is being delivered this week. On a Leifeld/Rank motion the Town Board unanimously audited the Special Fire District Voucher #2 in the amount of $160,200.00 and approved said payment to the Olive Fire Department.
Supervisor Leifeld stated that Ulster County has filed a suit against Olive and the Olive Fire Department regarding the self-insurance program. General consensus of the Town Board is to forward the information to Attorney Peter Graham.
Supervisor Leifeld stated it is necessary to void the original Inter-Municipal Agreement dated June 16, 1998, with Olive, Hurley, Marbletown, Warwarsing, and Ulster County since the agreement is no longer needed and is not in effect. Supervisor Leifeld read Resolution #8 of 2004 authorizing the Supervisor to execute a termination of agreement.
On a Leifeld/La motion and unanimous roll vote the Town Board approved Resolution #8 of 2004. Roll vote being: Rank, yes; La Monda, yes; Burkhardt, yes; and Leifeld, yes.
On a Leifeld/Rank motion the Town Board unanimously supported NY Senate Bill #S2302A and NY Assembly Bill #A1795A a request by a local government for enactment of a special law to grant Bruce A. La Monda retirement service credit in the NYS and local employee’s retirement system with Tier II status.
All business pertinent having been discussed the Town Board adjourned at 9:00 pm on a Leifeld/Burkhardt motion.
Sylvia Rozzelle, Town Clerk
