Meeting Date: May 12, 2020 7:00 pm
Town of Olive
County of Ulster
State of New York
Tuesday, May 12, 2020
Minutes of the monthly meeting of the Town of Olive Town Board, held Tuesday May 12, 2020 7 pm via Zoom link due to the COVID-19 Pandemic.
Members Present: Jim Sofranko, Supervisor
Drew Boggess, Deputy Supervisor
Scott Kelder, Board Member
David Edinger, Board Member
Victoria Read, Board Member
Recording Secretary: Dawn Giuditta, Town Clerk
Others Present: Brian Burns, Highway Superintendent
Supervisor Sofranko asked Board Member Edinger if we were recording and Board Member Edinger advised that we were. The meeting was called to order at 7:00pm.
On a Boggess/Read motion, the Town Board approved the April minutes.
Aye: Boggess, Kelder, Edinger, Read and Sofranko Nay: Absent:
Correspondence: #59-20
Request for Proposal- First Student- 3 buses $250.00 a day per bus.
On a Sofranko/Kelder motion the Town Board approved the following budget modifications.
Aye: Boggess, Kelder, Edinger, Read and Sofranko Nay: Absent:
Budget Modifications:
Transfer $575.00 from 7110.4 Parks (Cont.) to 7110.2 Parks (Equip.)
Transfer $495.00 from 1620.4 Buildings (Cont.) to 1620.2 Buildings (Equip.)
Transfer$2385.00 from 7180.4 Pool (Cont. to 7180.2 Pool (Equip.)
Approve Payment of Audited Bills: On a Sofranko/Kelder motion, the Town Board approved the payment of the following audited bills:
Aye: Boggess, Kelder, Edinger, Read, and Sofranko Nay: Absent:
General Fund Vouchers #165-#209 $21,790.09
Highway Fund Vouchers #80-#100 $10,790.09
Special Lighting Vouchers #5 $ 63.03
Sewer Vouchers #16842-#16860 $34,583.69
Sewer Vouchers #16861-#16878 $45,324.81
Cash Received April 2020 $92,541.66
Interest Received April 2020 $4,263.30
Additional Business:
Resolution #12 of 2020
To Introduce Ordinance Amendments to Chapter 150 of the Town of Olive Code
Whereas, the Town of Olive Town Board, after a public hearing, may enact a local ordinance as directed by NYS Town Law §130 Article 9 and,
Whereas, the Town of Olive Town Board may enact a local ordinance pertaining to the use of its streets and highways by motor vehicles and may restrict the parking of vehicles on its street and highways under NYS Town Law Article 9(7) and,
Whereas, under NYS Vehicle Traffic Law §1200 (d) when official signs have been posted prohibiting, restricting, or limiting the stopping, standing , or parking of vehicles on any highway, no person shall stop, stand or park any vehicle in violation of the restrictions stated on the signs and,
Whereas, the Town of Olive Town Board recognizes the violation of an ordinance as a misdemeanor punishable thereof by fine or imprisonment or both as described in NYS Town Law §135 Article 1 and,
Whereas, residents of Coldbrook Road in Boiceville have expressed concern to the Town of Olive over the public safety of allowing vehicles to park on Coldbrook Road,
Whereas, §150-5 Penalties for Offenses in the Code of the Town of Olive was adopted in 1994 and not updated since and,
Now, Therefore Be It Resolved, The Town of Olive amends the Code of the Town of Olive, Chapter 150, to include the following:
Chapter 150
Vehicles and Traffic
Article 1 – Parking
§150-1. Definitions
§150-2. Prohibited Parking
§150-3. Authority to Impound Vehicles
§150-4. Storage and Charges
§150-5. Penalties for Offenses
Article 1
Parking
§150-1. Definitions
Whenever used in this article, unless otherwise expressly stated or unless the context or subject matter requires a different meaning, the words and phrases shall have the meanings respectively ascribed to them by Article 1 of the Vehicle and Traffic Law of the State of New York.
§150-2. Prohibited Parking.
A – The parking, standing or stopping of vehicles is prohibited in the Town of Olive, Ulster County, New York where official signs prohibiting parking, standing or stopping are located.
The parking of vehicles is prohibited at any time in either direction 1200’ from the intersection of Coldbrook Road and NYS Route 28A in Boiceville, Town of Olive, Ulster County, New York.
B – The parking of vehicles is prohibited in the Town of Olive, Ulster County, New York in any designated handicapped parking locations without a permit.
C – The parking of vehicles is hereby prohibited overnight on all town roads or highways situated in the Town of Olive, Ulster County, New York during the period between November 1 of each year through and including April 1 of each year.
§150-3. Authority to Impound Vehicles.
A – Any vehicle that is parked on any town highway or road in the Town of Olive, Ulster County, New York, where parking is prohibited may be removed under the direction of the Police Department of said Town of Olive.
B – Any vehicle that is parked or abandoned on any town highway or road for more than 24 hours or within the right-of-way of any town road or highway of the Town of Olive, Ulster County, New York may be removed under the direction of the Police Department of said Town of Olive.
§150-4. Storage and Charges
After removal of any vehicle as provided in §150-3 hereinabove, such vehicle so removed shall be stored in a suitable place at the expense of the owner. The owner or person in charge of such vehicle may redeem the impounded vehicle upon payment to the Town Clerk of the amount of all expenses actually and necessarily incurred in effecting such removal, together with storage charges. The said Town of Olive shall not be liable for any damage or loss of property as a result of the removal or storage.
§150-5. Penalties for Offenses.
Every person convicted of violating any provision of this article shall be guilty of a traffic infraction and shall for the first conviction thereof be punished by a fine of not more than $75 or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a second or subsequent such conviction within 18 months thereafter, such person shall be punished by a fine of not more than $150 or by imprisonment of not more than 45 days, or by both such fine and imprisonment.
AND MOVES ITS ADOPTION
Motion made by: Board Member Boggess
Seconded by: Board Member Read
A Vote was Duly Taken:
AYE NAY ABSENT
Jim Sofranko, Supervisor _X___ _____ ______
Andrew Boggess, Board Member _X___ _____ ______
Scott Kelder, Board Member _X___ _____ ______
David Edinger, Board Member _X___ _____ ______
Victoria Read, Board Member _X___ _____ ______
Whereupon, the motion was duly adopted.
Dated this 12TH day of May 2020
_________________________________
Dawn Giuditta, Olive Town Clerk
Town of Olive
Resolution #13 of 2020
Provide Direct COVID-19 Related Federal Aid to All Municipalities
WHEREAS, the federal government recently enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act to address the economic fallout from the coronavirus pandemic in the United States; and
WHEREAS, Section 601 of the CARES Act (P.L. 116-136) provides a $150 billion fund for states, tribal governments, and units of local government with a population in excess of 500,000 people; and
WHEREAS, less than one-half of 1 percent of municipalities in the entire United States meet this population threshold and are thus ineligible to receive direct funding from the federal government; and
WHEREAS, of the 933 towns in New York, 931 are not eligible for direct federal funding under the CARES Act, including the Town of Olive; and
WHEREAS, towns provide essential services to the 9 million New Yorkers town residents, including, but not limited to, ambulance, police and fire protection services, building and code enforcement, and highway maintenance, and have continued to do so throughout the ongoing health crisis; and
WHEREAS, the coronavirus pandemic has created significant financial stress for local governments in New York as an estimated $2 billion in sales tax revenue has been lost, as well as other sources of revenue such as permit fees, justice court fines, and mortgage recording tax; and
WHEREAS, the depletion of different revenue sources for local governments, combined with lack of funding, will result in reducing essential services or shifting the cost onto the real property taxpayers, many of whom are experiencing their own financial stress;
NOW THEREFORE BE IT RESOLVED, that the Town of Olive calls upon United States Congressional Representatives Antonio Delgado, Senator Charles Schumer, and Senator Kirsten Gillibrand, to support federal funding related to the coronavirus pandemic that is directly delivered to all municipalities, regardless of population size.
AND MOVES ITS ADOPTION
Motion made by: Board Member Edinger
Seconded by: Board Member Boggess
A Vote was Duly Taken: AYE NAY ABSENT
Jim Sofranko, Supervisor __X__ _____ ______
Andrew Boggess, Board Member __X__ _____ ______
Scott Kelder, Board Member __X__ _____ ______
David Edinger, Board Member __X__ _____ ______
Victoria Read, Board Member __X__ _____ ______
Whereupon, the motion was duly adopted.
Dated this 12TH day of May 2020
_________________________________
Dawn Giuditta, Olive Town Clerk
A public Hearing was on Local Law #1 of 2020 Ordinance Amendments to Chapter 150 of the Town of Olive Code will be held on June 8, 2020 at 6:45 pm.
On a Sofranko/Edinger motion, the Town Board approved the 30 day waiting period for Marty’s Mercantile’ s Liquor License.
Aye: Boggess, Kelder, Edinger, Read and Sofranko Nay: Absent:
On a Read/Edinger motion, the Town Board approved an extension be given to Maurice Lane on the Court ordered Stipulation Agreement until October 12, 2020.
Aye: Boggess, Kelder, Edinger, Read and Sofranko Nay: Absent:
On a Boggess/Read motion, the Town Board empowered the Supervisor to terminate the current contract for Highway Uniforms with Unifirst upon further consultation with Attorney.
Aye: Boggess, Kelder, Edinger, Read and Sofranko Nay: Absent:
On an Edinger/Kelder motion, the Town Board empowered the Supervisor to sign a new contract with Uniforms USA for highway uniforms.
Aye: Boggess, Kelder, Edinger, Read and Sofranko Nay: Absent:
On an Edinger/Read motion, the Town Board empowered to Supervisor to the Climate Reality Project 100% Committed Campaign. (#60-20)
Aye: Boggess, Kelder, Edinger, Read and Sofranko Nay: Absent:
On a Sofranko/Kelder motion, the Town Board approved the Agreement for the Expenditure of Highway Moneys per Highway Law 284.
Aye: Boggess, Kelder, Edinger, Read and Sofranko Nay: Absent:
Committees, Commission, Department Reports:
Cable Franchise Negotiations Committee-Jim Sofranko, Chair
Peck and Grace Way roads inquiring about cable build out. The Town currently is about 95% built out so Olive is not concerned a priority. Supervisor Sofranko suggested that each road contact Spectrum as a group.
Parks & Recreation Committee-Scott Kelder, Liaison
Day Camp and the pool are in a holding pattern for now. June could end up being a crazy month if we go ahead.
Highway Superintendent-Brian Burns
Completed 284 Agreement, the money will be spent working on general repairs and preventive road maintenance. They will be sealing Church St, Brown Station, Chris Lane, and Brown Road from Sahler Mill about half way. Acorn Hill has been broken out over 3 years. Mill Road needs to be paved but Highway Superintendent Burns stated he will refrain from paving due to influx of traffic when they rebuild the Route 213 Bridge. He stated short sections of road the Highway department will pave themselves.
They have been doing spring cleanup and he will be back to a full crew as of May 18th.
Police Commission-Drew Boggess, Liaison (#61-20)
Year to Date-228 Total March-103
Security Checks- 360 Traffic Tickets- 4
Arrests- 1 AUO 3rd
Town Clerk-Dawn Giuditta (#62-20)
April Monthly Report- $55,962.31
April Tax Collection $107,887.81
Olive First Aid Unit- (#63-20)
Total calls for April- 28
Shokan-19 Boiceville-4 West Hurley-3 Olivebridge-1 Samsonville-1
Scenic Byway-Drew Boggess, Liaison
Met via Zoom to combine Route 28 and Mountain Clove Byways. They are looking for areas to plant pollinator gardens.
Conservation Advisory Council- David Edinger, Liaison
The Council has been working on 100% Committed, street lighting, Community Choice Aggregation. If things open up the Council is looking at some informational walks on the Rail Trail. They will be looking into the garden at the Legion Hall.
Technology Committee- David Edinger, Chair
The Committee hasn’t met but will be scheduling a meeting shortly. The agenda for the Committee will be the website and Technology policy.
Zoning Committee- Drew Boggess, Chair
The Committee met on March 12th, it was an introductory type meeting. They had a round table discussion of what everyone believed the issues are. Next meeting will be via zoom on May 21st.
Buildings & Grounds Committee-Scott Kelder
The Committee is still not formed due to the Pause. We have one volunteer and letting Gene get his feet wet. If anybody knows someone who it interested in the committee they should let Scott know.
Barry Ruland, LVDV Operations Chief Operator sent the Town Board the Boiceville Sewer District Monthly Operating Report for April 2020. (#64-20)
On a Sofranko/Read motion, the Town Board designated a page in the minute book be dedicated to Joseph W Saveski.
Aye: Boggess, Kelder, Edinger, Read and Sofranko Nay: Absent:
All pertinent business having been discussed the meeting was adjourned on Sofranko/Boggess motion at 8:25 pm.
Aye: Boggess, Kelder, Edinger, Read and Sofranko Nay: Absent:
_____________________________
Dawn Giuditta, Town Clerk