Town of Olive
County of Ulster
State of New York
Monday, July 7, 2014
Minutes of the monthly audit meeting of the Town of Olive Town Board, held Monday, July 7, 2014, 7:00 pm at the Town Meeting Hall in Shokan, NY.
Members Present:Sylvia Rozzelle, Supervisor
Donald VanBuren, Board Member
Scott Kelder, Board Member
James Sofranko, Board Member
Peter Friedel, Board Member
Recording Secretary:Dawn Giuditta, Town Clerk
Others Present:Drew Boggess, Planning Board Chairman & Deputy Supervisor; Thomas Vasta, Police Chief; James Fugel, Superintendent of Highways
Sylvia Rozzelle, Town Supervisor, called the meeting to order at 7:00 pm.
The following topics were discussed by the Town Board:
Memorandum of Agreement with Ashokan Watershed Stream Management Plan
Resolution #10- election costs
Ulster County Resource Recovery Agency- fee increases
Greenheart farm stand- Al Higley
Direct deposit for payroll costs
Coalition of Watershed Towns – new member needed in future
New York Municipal InsuranceReciprocal (NYMIR) requirements
Municipal Electric & Gas Association (MEGA)
Computel Consultants for energy audit & cable audit
American Red Cross looking for a place to use as a shelter
Olive Day Certificate of Insurance filed
Verizon bond- cancelled
Pesticide spraying along Route 28A
Parks-
Signs are posted at Shokan & Davis Parks
Mold issue in shower room- need ventilation
Concrete floor needs to be sealed
Concrete poured in grassy area
Davis Park Pavilion – needs new roof
Police- Resolution #11- Police Commission Policy
Hudson River Technologies proposal for new server and backups for Police Dept.
Email set up for police officers
Grant from Department of Justice for new armored vests
Hand gun exchange for Police Dept.
The Town Board audited the bills.
Supervisor Rozzelle made a motion to close the meeting at 9:05 pm, Board Member VanBuren seconded the motion. AYE- VanBuren, Kelder, Sofranko, Friedel, Rozzelle Nay
______
Dawn Giuditta, Town Clerk
Town of Olive
County of Ulster
State of New York
Tuesday, July 8, 2014
Minutes of the monthly meeting of the Town of Olive Town Board, held Tuesday, July 8, 2014, 7:05 pm at the Town Meeting Hall in Shokan, NY.
Members Present:Sylvia Rozzelle, Supervisor
Donald VanBuren, Board Member
Scott Kelder, Board Member
James Sofranko, Board Member
Peter Friedel, Board Member
Recording Secretary:Dawn Giuditta, Town Clerk
Others Present:Drew Boggess, Planning Board Chairman & Deputy Supervisor; William Cook, Assessor; James Fugel, Superintendent of Highways
Sylvia Rozzelle, Town Supervisor, called the meeting to order at 7:00 pm.
On a Rozzelle/Friedel motion, the Town Board approved the June minutes.
AYE- VanBuren, Kelder, Sofranko, Friedel, Rozzelle Nay
Correspondence:
46-14
The National Fish and Wildlife Foundation sent a letter advising that the grant application entitled Bushkill Stream Remediation Project was denied.
47-14
Travelers Insurance has canceled Nextel’s $75,000.00 bond for cell tower.
48-14
The Town of Olive received a letter from the Governor’s office of Storm Recovery, advising that the State would match FEMA Public Assistance Projects resulting from hurricane Irene.
49-14
Dennis Doyle, Director of the Ulster County Planning Department, advised the Town of Olive by email that the Appeals Court upheld the Fracking Bans.
50-14
Comcast Corporation/Time Warner transaction- They sent a letter advising that the contract will remain in effect until new contract is signed.
51-14
Olive Memorial Post 1627 of the American Legion thanked the Town Board for their participation in the Memorial Day Parade.
52-14
Senator James Seward’soffice sent a letter advising the Town of Olive that he will be speaking to residents at the Olive Free Library, Monday July 14th 5:30 pm- 7:30 pm.
Budget Modifications: On a Rozzelle/Kelder motion, the Town Board approved the following Transfer: AYE- VanBuren, Kelder, Sofranko, Friedel, and Rozzelle Nay
Transfer $3000.00 from Reserve “B” Transfer Station to 8160.4 Refuse & Garbage (Cont.)
Approve Payment of Audited Bills: On a Rozzelle/Kelder motion, the Town Board approved the following payments: AYE- VanBuren, Kelder, Sofranko, Friedel, and Rozzelle Nay
Highway Vouchers #186 - #215$ 9,323.63
General Fund Vouchers #276 - #327$ 26,341.81
Special Fire Protection District #2 - #3$247,832.20
Special Lighting District #5$ 45.03
Boiceville Sewer District #15722 - #15749$ 38,945.20
May Income:
Cash received for May 2014$ 22,241.01
Interest received for May 2014$ 39.14
Additional Business:
On a Rozzelle/VanBuren motion, the Town Board unanimously approved Resolution #10 of 2014.
Resolution #10 of 2014
Town of Olive
Resolution in Support of Proposed County Resolution No. 224 of July 15, 2014,
Authorizing Ulster County to Pay for the Cost of Election Expenses
WHEREAS, Ulster County Resolution No. 410 of December 6, 2006 authorized the County of Ulster to charge back the towns and the City of Kingston for the cost of elections; and
WHEREAS, the Help America Vote Act, or HAVA, mandated that all states and localities upgrade many of their election procedures, including their voting machines, registration processes and poll worker training; and
WHEREAS, the increased costs associated with elections have proven to be a substantial expense and burden on the Town of Olive; and
WHEREAS, the financial burden is expected to escalate, as future costs associated with repair and/or replacement of the new electronic voting machines could be cumbersome; and
WHEREAS, pursuant to New York State Election Law, Article 4, Section 4-136, “…the expenses of providing polling places, voting booths, supplies thereof, ballot boxes and other furniture for the polling place for any election, including the storage, transportation and maintenance of voting machines, appliances and equipment or ballot counting devices, and the compensation of the election officers in each election district, shall be a charge upon the county in which such election district is situated…;” and
WHEREAS, New York State Election Law, Article 3, Section 3-226 states that “All voting machines, and appliances and equipment relating to or used in the conduct of elections shall be in the care, custody and control of the board of elections,” and therefore, not the responsibility of the local municipalities; and
WHEREAS, the Town of Olive has no say in the increases in the chargeback pricing rates; and
WHEREAS, the Town of Olive has no ultimate authority as to who is hired by the county to be local election workers; and
WHEREAS, the Town of Olive has no authority for election worker compensation rates;
WHEREAS, in a reasoned September 23, 1992 opinion to Broome County, the New York State Comptroller said, in part, “there is no requirement that the chargeback should appear in a city, town, or village budget,” and
WHEREAS, the county does not charge back for services it renders from the Sheriff’s Office, Weights and Measures, Emergency Services, District Attorney’s Office, or the other county departments, and
WHEREAS, the Town has become a “middleman” in the election process rather than an active participant with any authority of home rule; and
WHEREAS, this chargeback is no less than an unfunded mandate from the County to the Town of Olive; and
WHEREAS, County Resolution No. 224, currently pending, would direct the cost of election expenses be borne by Ulster County, and not billed to its municipalities, effective January 1, 2015; and
WHEREAS, the Town of Olive Town Board supports the passage of said Resolution; now, therefore, be it
RESOLVED that the Town of Olive Town Board hereby supports the passage of said Resolution and respectfully requests that the Ulster County Legislature pass the proposed resolution; and be it further
RESOLVED that the Town Clerk send a certified copy of this resolution to the Ulster County Legislature and Ulster County Executive within five (5) days.
AND MOVES ITS ADOPTION
Motion made by: Supervisor Rozzelle
Seconded By: Town Board Member VanBuren
Aye Nay
Sylvia Rozzelle, Supervisor X_____
Don VanBuren, Board Member X _____
Scott Kelder, Board Member X_____
Jim Sofranko, Board Member X_____
Peter Friedel, Board Member X _____
Dated this 8th day of July, 2014
______
Dawn Giuditta, Town Clerk
Town of Olive
On a Rozzelle/Friedel motion, the Town Board unanimously approved Resolution #11 of 2014.
Resolution # 11 of 2014
Town of Olive
Establishing Board of Police Commissioners Policy
Whereas,theTownofOlivehasestablishedaPoliceDepartment,pursuanttotheprovisionsofthe Article 10 §150 ofTownLawoftheStateofNewYork through adopting Local Law # 1 of 1991;and
Whereas, under the same Article 10 §150 of Town Law of the State of New York the Town Board adopted Resolution #3 of 1991 Establishing a Board of PoliceCommissioners toconsistof three(3)PoliceCommissionersappointed bytheTownBoard,whoshallatthetimeoftheirappointmentandthroughouttheirtermofofficebeownersofrealpropertyintheelectorsoftheTownofOliveandwhoshallservewithoutcompensationandatthepleasureofthe TownBoard; and
Whereas, the Town Board amended said Resolution #3 of 1991 when the Town of Olive Town Code was adopted by Local Law #1 of 2001 on 11/13/2001; and
Whereas,pursuanttotheprovisionsof Article 10 §150 ofTownLawoftheStateofNewYork,suchBoardofPoliceCommissionersshallhaveand exercise all the powers relative to police matters conferred upon the Town Board; and
Whereas, the Town Board of the Town of Olive recognizes that to operate effectively and efficiently under circumstances where there has been a Board of Police Commissioners, the rights, duties, and responsibilities of the Board of Police Commissioners should be established.
Therefore, be it resolved the Town Board of the Town of Olive establishes and adopts rules
Governing the Board of Police Commissioners. Said rules and regulations shall be known as
Board of Police Commissioners Policy.
AND MOVES ITS ADOPTION
Motion made by: Supervisor Rozzelle
Seconded By: Town Board Member Friedel
Aye Nay
Sylvia Rozzelle, Supervisor X_____
Don VanBuren, Board Member X _____
Scott Kelder, Board Member X_____
Jim Sofranko, Board Member X_____
Peter Friedel, Board Member X _____
Dated this 8th day of July, 2014
______
Dawn Giuditta, Town Clerk
Town of Olive
On a Rozzelle/Friedel motion, the Town Board approved the Memorandum of Understanding with AWSMP (Ashokan Watershed Stream Management Program) and empowered the Supervisor to sign it.
AYE- VanBuren, Kelder, Sofranko, Friedel, Rozzelle Nay
On a Rozzelle/Sofranko motion, the Town Board empowered the Supervisor to sign landlord section of Olive Democrats Special Permit Application to NYS Liquor Authority for Olive Day, September 6th 2014.
AYE- VanBuren, Kelder, Sofranko, Friedel, Rozzelle Nay
On a Rozzelle/Kelder motion, the Town Board approved the purchase of a server & back-up from Hudson River Technologies for the Police Department, contingent upon Board of Police Commissioners’ review & approval.
AYE- VanBuren, Kelder, Sofranko, Friedel, Rozzelle Nay
On a Rozzelle/VanBuren motion, the Town Board approved the sale & purchase of Police Department Glock hand guns through Am Char.
AYE- VanBuren, Kelder, Sofranko, Friedel, Rozzelle Nay
On a Rozzelle/Friedel motion, the Town Board rescinded a prior motion to increase Transfer Station cards to $40.00 effective Jan 1, 2015.
AYE- VanBuren, Kelder, Sofranko, Friedel, Rozzelle Nay
On a Rozzelle/VanBuren motion, the Town Board approved the increase of the Transfer Station cards to $50.00 effective August 1, 2014.
AYE- VanBuren, Kelder, Sofranko, Friedel, Rozzelle Nay
On a Rozzelle/Sofranko motion, the Town Board approved the consulting agreement with Computel Consultants & empowered the Supervisor to sign said agreement.
AYE- VanBuren, Kelder, Sofranko, Friedel, Rozzelle Nay
On a Rozzelle/Sofranko motion, the Town Board request the Town Clerk send letters to the DEP, DEC, DOT and State Representatives concerning the spraying of Herbicides on State & City Roads.
AYE- VanBuren, Kelder, Sofranko, Friedel, Rozzelle Nay
Announcements:
- Members needed for Conservation Advisory Council
- West Shokan Post Office Community Meeting, August 18th, 2 pm.
- Park closing signs posted at Grant Avery and Lester S Davis Parks
- Gina C Gould, appointed Executive Director at the Ashokan Center
- UC Legislature Proposed Local Law 6 of 2014, a Local Law to Establish a Sustainable
Energy Loan Program, informational meeting, Wed., July 9th, 6 pm Legislative Chambers, 6th Floor.
- Ulster County Resolution #224, Relieving Municipalities of Responsibility for Election Costs considered at July 15th session of the Ulster County Legislature.
- 215th Anniversary of Ulster’s oldest Baptist church, Saturday, July 26th, 10:30 am.
- Flood Advisory Committee meeting, July 14th, 6 pm Town Meeting Hall
Committees & Commission Chairs & Liaisons:
Town Buildings—Jim Sofranko & Scott Kelder, Co-Chairs
The committee is checking into alternative choices for purchasing Electric and Gas through a non-profit association called MEGA (Municipal Electric & Gas Association). The committee needs to check into reinsulating the Legend Hall before winter.
Emergency Response Plan Development—Peter Friedel, Chair
Emergency Response Committee meeting, July 14th, 6 pm, Olivebridge Fire Hall.
Olive Wastewater Advisory Committee—Don VanBuren, Chair
The Waste Water Treatment Plant had a facility compliance inspection on June 11, 2014. The overall rating was satisfactory. There were two items less than satisfactory. 1. The plant is having issues during heavy rain, due to the possibility of resident’s sump pumps going into the system. 2. There is foam in both tanks, SBR’s are having issues settling. The plant operators are investigating possible reasons for this occurrence. The committee missed the billing cycle to send out the survey, once completed the survey will be sent out to residents and will include an explanation of sump pump usage.
Cable Franchise Negotiations Committee—Jim Sofranko, Chair
We have been approved for Computel to do an audit of franchise fees. The Committee feels they will start negotiation without an attorney. They have reviewed other Town contracts. A legal opinion was received from Time Warner Cable concerning a phrase in the contract. The committee is about ready to start negotiations.
Parks & Recreation Committee—Scott Kelder, Liaison
The Recreation Committee did not meet in June.
Day camp and the pool is up and running. Picnic tables have been purchased and placed in the parks.
Police Commission—Peter Friedel
The Commission met and discussed the gun quote, they are working on a grant to get new vests.
The Police Department handled 197 calls, patrols also performed 325 drive by security checks of residences, local businesses and Government buildings.
Town Clerk---Dawn Giuditta
Town Clerk monthly report for June, total revenues $20,444.82.
Transfer Station----Sylvia Rozzelle
No report at this time.
Supervisor’s Report:
American Red Cross looking for a shelter within the Town of Olive. They will train anyone to be a shelter volunteer.
Mid-year report on Town Buildings Expenditures
Utilities-
American Legion Hall$ 6,889.80 (fuel oil)
Highway garage (in office bldg.)$ 6,147.52 (fuel oil)
Highway garages$16,116.62 (fuel oil)
Transfer Station$ 940.40 (fuel oil)
Total Heat$30,094.34
Electric Usage
Town Meeting Hall$ 7,398.14 (all electric)
American Legion Hall$ 1,796.50
Town Offices$ 5,727.05 (electric heat)
Highway Garages$ 7,206.86
Total Electric$22,128.55
All of 2013 use 6,328 gallons of fuel oil totaling $21,952.00.
On a Rozzelle/Kelder motion, the meeting was adjourned at 8:32 pm in Memory of Lloyd Humphrey.
AYE- VanBuren, Kelder, Sofranko, Friedel, Rozzelle Nay
______
Dawn Giuditta, Town Clerk