Minutes of the regular monthly meeting of the Town Board of the Town of Olive held Tuesday, May 4, 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, Zoning Board Member, Vincent Barringer, Town Justice; John Wullum, Fire Department Assistant Chief; Wally Fulford, Olive Police Officer
On a Chase/Rank motion the Town Board unanimously approved the April meeting minutes as submitted by the Town Clerk.
The following correspondence was read and filed:
#33-04
On a Leifeld/Chase motion the Town Board unanimously approved the membership of Steven R. Sulko to the Olive Fire Department, Inc.
On a Leifeld/La Monda motion the Town Board unanimously approved payment of the following audited bills: Highway Vouchers #110-#134, $13,547.59; General Fund Prepaid Voucher #192, $296.00; General Fund Vouchers #193-#244, $20,524.90; and Street Lighting Voucher #4, $34.21.
Under Old Business: Supervisor Leifeld noted the advertised bids for surplus equipment are as follows:
1978 International Dump Truck $505.50---Marty Giuliano
$ 50.00---Gary Williams
$526.00---Robert Overton
On a La Monda/Rank motion the Town Board accepted the high bid of $526.00 from Robert Overton.
1979 Chevy Dump Truck $ 50.00---Gary Williams
$305.99---James Hyde
On a La Monda/Rank motion the Town Board accepted the high bid of $305.99 from James Hyde.
1990 GMC Pick up Truck $ 1.00---Gary Williams
On a Leifeld/La Monda motion the Town Board rejected the bid of $1.00.
On a Leifeld/La Monda motion the Town Board approved advertising for bids for the 1990 GMC pick up truck and also to include the Zoning Officer’s vehicle, a 1992 Jeep Cherokee.
Mower Deck $1.00---James Hyde
On a Leifeld/La Monda motion the Town Board accepted the bid of $1.00 from James Hyde.
Supervisor Leifeld stated that no bids were received for the two plows but an employee offered a bid of $25.00 for each snowplow. On a Leifeld/La Monda motion the Town Board approved selling the two plows to Chris Winne for $50.00.
Supervisor Leifeld stated the Town of Olive received one bid from the advertisement for a used bucket truck. A bid of $15,000.00 from Greg McCauley, 306 Browns Road, Olivebridge, NY was received for a used 1990 Chevrolet Kodiak, Cat 3116 Diesel engine, 106,000 miles as per specifications. Supervisor Leifeld read information from the Want Ad Digest for the same truck for $20,000.00 noting the truck in the bid has only 102 hours on it. On a Leifeld/Chase motion the Town Board unanimously approved accepting the bid from Greg McCauley for $15,000.00 for said used bucket truck.
Supervisor Leifeld stated that at the last meeting Cindy Johansen had questions and concerns about the town’s car seat program and grant. Council Member La Monda stated that Police Commissioner Robert Schanck on behalf of the Police Department has responded in writing (#34-04) to these concerns. Council Member La Monda stated that Commissioner Schanck signed the grant application where designated which simply stated Chief Police Commissioner. The correspondence included information not limited to the following: 1) The importance of properly using child safety seats was outlined noting that a recent countywide survey revealed that of 500 vehicles checked only 5 were properly installed. 2) The Town of Olive’s first Safety Check Event has been publicized (#35-04) as being held on May 16th, 10am-2pm at the Shokan Fire House with three Olive Police Officers instructing parents, inspecting child seats, and replacing unserviceable child seats free of charge. 3) Olive’s Fitting Station with certified technician Officer Dawn Beers will be Wednesday through Sunday, 2-4 pm, by appointment. 4) Officer Wally Fulford is listed as Project Director since Olive can utilize his experience as Project Director with the Ulster County Sheriffs Department’s Child Passenger Safety Program. Officer Fulford is a Senior Checker trained by the Ulster County Sheriffs Office and Officer Beers was trained through the town in the summer of 2003. 5) Additional salaries will not be necessary to participate in this program since the Fitting Station is by appointment and appointments are made to coincide with the normal tour of duty of a technician thus incurring no additional costs for this phase of the program. 6) After reimbursement from the grant the total cost to the Town of Olive to participate in the Child Passenger Safety Program annually is less than $500.00.
Council Member La Monda stated the website properly advertises the checks as by appointment only noting that most municipalities have requested this waiver in an effort to keep down costs. Council Member La Monda stated that last month he made a motion to write a letter of commendation for Police Officer Peter Wittl for saving a life with an AED. He stated he thought that even if this program did cost the town the $8,500.00 that Cindy Johansen estimated; if it could save one child’s life it would be worth it.
Supervisor Leifeld stated he received a letter (#36-04) from P. Charles Schaller, Chair of the Ulster County Traffic Safety Board, stating the Safety Board endorses the Town of Olive’s Child-Passenger Safety Program as an essential project for educating parents and caregivers in providing safe transit for children on our rural highways.
Supervisor Leifeld introduced and read Resolution #4 of 2004: A Resolution of Support for the Elimination of the Sunset Provision of the Local Government Records Management Improvement Fund. Town Clerk Rozzelle explained the importance of keeping these non tax dollar grant funds available for small municipalities noting that records management advisory services are also provided to assist municipalities individually. She stated the Town Clerk’s Office received three grants totaling over $100,000.00 during the early 1990’s that enabled her office to develop a modern records management program. On a Leifeld/Chase motion the Town Board unanimously approved by roll vote Resolution #4 of 2004. Roll vote being: Rank, yes; Chase, yes; La Monda, yes; Burkhardt, yes; and Leifeld, yes.
PARKS & RECREATION liaison Council Member Chase submitted report #37-04 noting approximately 275 adults will be participating in summer softball; Youth Soccer began April 21st; Little League Opening Day was May 1st; a batting cage has been installed at Grant Avery Park; and a training session for using the defibrillators was held for AED Certification since one defibrillator will be housed at the pool.
FIRE DEPARTMENT report #38-04 stated a total of 28 responses for the month of March.
FIRST AID liaison Council Member Chase submitted report #39-04 noting 71½ man-hours volunteered for the month of April.
TRANSFER STATION liaison Council Member Burkhardt submitted report #40-04 noting revenues for March as $4,260.00 with 16 garbage bins removed weighing 58 tons at an expense of $4,060.00.
HIGHWAY liaison Council Member Rank submitted report #41-04 stating the department cleaned and put away sanders for the summer, mechanics have prepared all summer equipment, the guardrail was replaced on Piney Point Road, they finished sweeping the town roads, all dead trees and stumps were cut from Davis Park, Davis Park has been raked and all three parks are open. The department worked the bulldozer and operator for four days cleaning up the metal pile at the Transfer Station and roofed the Transfer Station garage and office.
Supervisor Leifeld stated we have received defibrillators two of which the Town of Olive is turning over to the Olive Fire Department. Supervisor Leifeld stated that thirteen people have received training on the defibrillators. Olive Assistant Fire Chief John Wullum thanked the Town Board and accepted the defibrillators on behalf of Fire Chief Carl Swenson and members of the Olive Fire Department. He stated their intention is to have one AED in each firehouse noting this is a start. Supervisor Leifeld requested the Fire Department write Senator Bonacic and thank him for this equipment. Supervisor Leifeld stated he personally took the course and it is quite involved. He stated he really appreciates and understands the work that Officer Wittl had to do to save the person’s life and really wants to make sure that Peter is recognized on the county level for his feat. Council Member La Monda stated this is being taken care of by the Police Commission.
On a Leifeld/Burkhardt motion the Town Board unanimously approved the transfer of $3,000.00 from A1990.4 Contingency to A8160.4 Refuse and Garbage.
Supervisor Leifeld read Resolution #5 of 2004: A Resolution Supporting the Clean Money Clean Elections Bill. On a Leifeld/Burkhardt motion the Town Board unanimously passed Resolution #5 of 2004. Roll vote being: Rank, yes; Chase, yes; La Monda, yes; Burkhardt, yes; and Leifeld, yes.
Supervisor Leifeld stated the Board of Education will have a meeting at the Bennett School on Wednesday, May 5th at 7 pm and encouraged Olive residents to attend the public hearing on the budget to express concerns regarding the large parcel bill. He stated the town has hired attorneys and have gone to ORPS who gave us a tentative assessment figure on the reservoir properties and then they changed it. He stated the town has met with the DEP Commissioner and our attorneys are working the legislature. He stated the town could really use one more year to get our reval together. He stated the town has been interviewing reval companies and the company they would like to go with has opted to downsize his company and is not available. He stated it would take a legislative change in the law or a change in the way that ORPS assesses as a whole or it is nearly impossible for Olive to get out of the large parcel bill. He noted it is not a very bright picture at this point but Olive residents showing up at the meeting tomorrow night will at least show the school board we aren’t going away. Council Member La Monda stated it is his gut reaction that at tomorrow’s meeting Olive will be talking to deaf ears. He further stated it’s too bad that a school board member didn’t go with Supervisor Leifeld to all the meetings and experience the hours and time that he has put into this trying to find a solution. Supervisor Leifeld stated he had a meeting scheduled today with DEP Deputy Commissioner Mike Principe to discuss speed limits; however, it was cancelled. Supervisor Leifeld stated he met with Commissioner Ward last week and at least you can talk to him and at least he listens; however, he feels a lot was rhetoric. He stated they spoke of the lemon squeeze for quite some time and he told Mr. Ward the town felt it is some kind of ploy to keep the road closed; however, Mr. Ward keeps insisting that he has sensitive information. Supervisor Leifeld stated he asked Commissioner Ward if that is true then why doesn’t City officials share this with someone. Mr. Ward stated he would only share it with one or two people or with the appropriate authorities. Supervisor Leifeld stated he told Mr. Ward that if he as Supervisor can’t share the information with the town then he doesn’t want to know.
Vince Barringer stated he spoke with Attorney Richard Riseley who stated there are two cases where the City abandoned roads without prior notice. He questioned why they abandoned here and not Valhalla or elsewhere. Mr. Barringer asked how many of the board members would support a lawsuit against the City of New York. Supervisor Leifeld stated "no" simply because of the money issue. Council Member Burkhardt stated financial concerns would be an issue noting the large parcel bills is a difficult and costly involvement. Council Members La Monda and Chase stated they would answer that question after talking with Attorney Peter Graham tomorrow. Council Member Rank stated he would have to consider cost. David Rosenbaum stated we have never been able to see the Corps of Engineers report and many people believe the dam is closed, not because of terrorism, but due to the cost of repairing the lemon squeeze. Council Member La Monda stated in the meeting with Commissioner Ward he initially said there is no discussion on this issue; the City is not going to open the road. He stated his opinion is that if it is ever going to be opened it will have to be forced to be open. Mr. Barringer stated that Attorney Riseley did not want to take this on but did offer his services to assist whoever the town might hire. Mr. Barringer asked if it costs us $15,000.00 would the Town Board commit. Supervisor Leifeld stated you don’t know if it will cost $15,000.00 or $150,000.00 and with the large parcel bill right now the town simply can’t afford that. Supervisor Leifeld stated he is meeting with Attorney Graham tomorrow. Mr. Barringer and Mr. Rosenbaum requested a referendum be on the November ballot to see if voters would spend money for an Article 78 against the City of New York. It was noted that a specific amount of money would have to be in the actual referendum proposition.
Tom Planz stated that at last year’s meeting with City officials he asked if the City closes the waste channel then what would be the alternate route. Mr. Planz requested Town Board members keep that in mind when speaking with City of New York officials. Supervisor Leifeld stated the town has a letter from Mike Principe stating that construction will be done without totally closing sections. Chet Scofield questioned how credible any of New York City’s commitments have been, even if in writing.
Supervisor Leifeld stated a NYS auditor spent the past three weeks in town reviewing all town departments and the town received another perfect audit.
Supervisor Leifeld stated the SPCA contract has been signed noting the SPCA will come to look at a dog that is in our kennel to evaluate it. If the dog is adoptable then they will take the dog.
Council Member Chase stated she delivered copies of the Pace University Land Use Law Center and the NY Planning Federation training certification booklets to the Planning Board last week. She noted these training booklets would also be shared with Zoning Board of Appeals members. She noted it is possible for the Planning Board to receive certification if five of the seven members pass at least five of the nine tutorials. The testing will be submitted to the certifying entity for verification. On a Chase/Leifeld motion the Town Board unanimously supports the Olive Planning Board receiving certification by completing this self-paced training program by the end of September 2004. It was noted that the Zoning Board of Appeals had not yet received their booklets but would like to see them achieve certification, also.
All business pertinent having been discussed the Town Board adjourned at 9:00 pm on a Leifeld/Rank motion in memory of Laura E. Benedict, Herbert Gray, Kathryn Knapp, George "Skip" Mayhew, Jr., and Irene Zielinski.
Sylvia Rozzelle, Town Clerk
Members Present: Berndt Leifeld, Supervisor
Henry Rank, Council Member
Helen Chase, Council Member
Bruce La Monda, Council Member
Linda Burkhardt, Council Member
Others Present: Alan Rosa, CWC Executive Director; Tim Cox, CWC Corporate Counsel; Tom DeJohn and Elizabeth Mastrianni, CWC Project Engineers
In the absence of the Town Clerk notes for the meeting were submitted by Council Member Chase. (#42-04)
On a Leifeld/Rank motion the Town Board unanimously approved the transfer of $6,500.00 from the Boyd Subdivision Road Fund to the General Fund A1010.4.
The CWC was created in the early 1990’s from the lawsuit between the Coalition of Watershed Towns and New York City and programs were instituted to alleviate the litigation against NYC. Seventy-five millions dollars were set aside for the building of wastewater treatment plants and 22 communities were ranked. The first five got block grants; of those five, four are now in construction (Windham, Hunter, Andes, and Roxbury) and one (Fleischmanns) is in the design stage. The initial seven ranked communities were to have received full-blown wastewater treatment plants. The remaining eight through 22 are to receive a variety of possibilities and methods. The original money has been used up; however, in November 2002, a new FAD made an additional $22 million available for up to five more communities. These five are also ranked: Bloomville, Boiceville, Hamden, Delancy, and Bovina. Of these five, Boiceville is the most troublesome and may actually require a wastewater treatment plant. In the beginning, when the Coalition was deciding how to rank the needs of the communities for wastewater treatment plants, Dean Palen, the Director of Ulster County Health Department, asked that Boiceville be added to the list.
Boiceville is eligible as one of the five communities to participate in the new Community Wastewater Management Program. This program will fund the planning, design, and construction of community septic systems, and/or the creation of septic maintenance districts, which may include septic system replacement, rehabilitation, and upgrades as well as operation and maintenance of the district. A wastewater treatment plant may also be an option under certain conditions and with the agreement of New York City.
In order to participate in this program, the Town Board is mandated to form a district and will adhere to all laws pertaining to the formation of a water/ wastewater district requiring a referendum to put the formation of the district before the voters. In preparation for the referendum, the town will have to provide answers to such questions as "what will it cost me each year to be part of the district?"
By or before June 14, 2004, the Town Board will need to present and approve a resolution confirming its interest in moving ahead on this project. The resolution will be voted on at the June 1, 2004, Town Board meeting.
The Study Phase and the Pre-Construction Phase of the program will be completed by November 30, 2005. At any time before this date, the community can opt out of the program with no obligation to the community. At the point when the bid requests are sent out, and the bids have come in, this is the last point where the community can back out. There is no backing out after we have accepted bids. The Construction Phase is expected completed by November 30, 2006.
Only people who get service in the district will pay for the service operation and maintenance. There will be a $100 capped subsidy for residences only; none will be available for commercial properties. Two-family residences are considered residential and housing for more than two families is considered commercial. This will be seed money to keep the district going. Metering may be needed at the school complex. A SPDES permit is needed for the school. It is only hearsay that the new high school system has failed; this has not been verified.
The Town of Olive can create a district and simply draw that district on the map with the district becoming a physical reality when the bids are accepted. The preliminary design phase will give the town an idea of expected cost. The NYC DEP determines the amount of the block grant and the town has to work within that amount. We can go for supplemental grants from other sources to assist in building the type of facility we desire. The amount of the block grant is based on the estimated cost of building a facility within the planned time-frame. From experience demonstrated by the current plants under construction, the build-out time may be longer than originally planned, making the costs greater. Supplemental grants will likely be necessary to enable Olive to complete the work.
The O&M (Operation and Maintenance) Phase is when the residents in the district begin paying for the operation and maintenance. Revenue will come in at at least $100 per residence, plus NYC will pay $100 per residence. NYC is locked into the $100 cap into the future. The question was asked "how long is this ‘future’?". In terms of the land-acquisition program, there is an end date under the MOA in about 12 years. In terms of the wastewater treatment plant program, the future has no end date at this time. In two or three years, when (or if) the third FAD comes into being, the EPA may continue the Community Wastewater Management Program; however, chances are likely that this will not be offered again.
Boiceville does not have good soils; there are not a lot of choices for possible locations for the facility. Alan Rosa mentioned that a prime location for the new wastewater treatment plant exists on a somewhat higher elevation parcel next to the fire department building on Route 28. This parcel is currently owned by NYC. Another parcel mentioned by a member of the Town Board and at a somewhat lower elevation might be where the sawmill is located.
All business pertinent having been discussed the Town Board adjourned at 2:50 p.m. on a Leifeld/Rank motion.
