Town Of Shandaken » Town Board Minutes

The Town Board met this date as per Resolution #153, with the following members present: Supervisor Stanley, Councilman Bartlett, Bernstein and Jordan, Councilman Malloy was absent.

Pledge of Allegiance to our Flag

Roll Call

NOTICE OF SPECIAL TOWN BOARD MEETING

PLEASE TAKE NOTICE that the Town of Shandaken will hold a Special Town Board Meeting on Thursday, December 29, 2011 at 1:00 pm. The purpose of this meeting will be to pay bills, transfer funds to overdrawn accounts and to take care of all year end Town Board business. This meeting will take place at the Town Hall, Shandaken, New York and the building is accessible to the disabled.

TAKE FURTHER NOTICE that all bills and or vouchers be presented to the Office of the Bookkeeper on or before December 16, 2011, by 12 noon for auditing and payment.

Dated: December 8, 2011 BY ORDER OF THE TOWN BOARD

Laurilyn J. Frasier, RMC/MMC

Comments on Resolutions

Tina Rice had a question on Resolution #156 with regard to the transfer from Recreation Contractual to Recreation Personal Services.

Councilman Bernstein had a question on Resolution #156 with regard to the transfer from Police Schools and Ammunition to Police Part Time Personal Services.

Supervisor – This resolution is just moving money around to balance out the accounts.

Resolutions

RESOLUTION # 156 OFFERED BY Councilman Bernstein

RESOLUTION TRANSFERRING FUNDS FOR END OF YEAR

WHEREAS, the Town of Shandaken each year transfers funds in order to meet all bills and balance all budgeted lines,

THEREFORE BE IT RESOLVED, that the Town of Shandaken Town Board approves the following transfers in order to balance budgeted lines:

AMOUNT FROM ACCOUNT # TO ACCOUNT #

$219.³⁵ Justice Stenographer A51110410 Justice Contractual A51110400

$2,314.¹⁸ Accounting A51320410 Supervisor, Bookeeper A51220110

$559.⁴⁸ Equipment A51220200 Supervisor, Contractual A51220400

$717.⁵¹ Accounting A51320410 Supervisor, Contractual A51220400

$547.⁵⁰ T/Clerk Dep., Pers. A51410110 T/Clerk P/T Deputy A51410120

$23,000.⁰⁰ Building Cont. Exp. A51620400 Gas, Diesel, Fuel Oil Exp. A51620401

$18,257.⁸⁹ Special Item, Cont. A51990400 Gas, Diesel, Fuel Oil Exp. A51620401

$3,000.⁰⁰ Schools, Ammunition A53120420 P/T Police Officers A53120110

$11,291.⁶³ Special Item, Cont. A51990400 P/T Police Officers A53120110

$2,619.²⁹ Police Contractual A53120400 Vehicle Expense A53120411

$66.⁰⁴ Ambulance Uniforms A54540411 Ambulance Equipment A54540200

$25,953.⁰⁹ Capital Project A995000 Welfare Office, Contractual A56010400

$122.⁹⁰ T/Clerk Dep., Pers. A51410110 T/Clerk-Tax Collector, Pers. A51410100

$231.⁰⁰ Vital Statistics A54020400 T/Clerk Fees A31255

$418.³³ Recreation, Cont. A57020400 Recreation, Personal Serv. A57020100

$16.⁵⁶ Recreation, Cont. A57020400 Shandaken Day A57550400

$3,800.⁰⁰ GIS A58684400 ZBA Secretary, Pers. Serv. A58010120

$300.³⁸ ZBA/Zoning, Cont. A58010400 ZBA Secretary, Pers. Serv. A58010120

$6,000.⁰⁰ Emp. Benefits, Hosp. A59060800 Emp. Benefits, Unemploy. A59050800

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Special End of Year Meeting

December 29, 2011

AND MOVE ITS ADOPTION

Seconded by: Supervisor Stanley

ROLL CALL 4 Ayes 1 Absent

RESOLUTION # 157 OFFERED BY SUPERVISOR STANLEY

Proposal to Allocate Portions of the New York City Land Acquisition Program Funds

For Flood Mitigation Watershed Affairs

Whereas, New York City Watershed Communities have experienced devastating floods of record in 1996, 2006 and again in 2011 in addition to severe localized flooding in 2004, 2005, 2007, 2008, 2009 and 2010; and

Whereas, it is official State policy that climate change is a reality and is no longer subject to debate; and

Whereas, due to changing weather patterns, New York City Watershed Communities are experiencing significant, frequent and intense storms that result in severe flooding; and

Whereas, assuming the current pattern is due to climate change, the Town of Shandaken anticipates that the significant, frequent and intense storms will worsen over time as climate change continues; and

Whereas, the flood events of 1996, 2006 and 2011 delivered record levels of pollutant loading including nutrients, sediment, microorganisms, raw sewage, organic and inorganic chemicals from agriculture, homes and businesses along with debris such as fuel tanks, lumber, homes, businesses, automobiles and livestock to the New York City Reservoirs West of the Hudson; and

Whereas, many municipalities and property owners in the watershed have suffered catastrophic damage to property from these flood events reducing individual, business and community financial viability and severely impacting the long-term sustainability of the Watershed Region; and

Whereas, the significant, frequent and intense storms and their associated flooding and pollutant loading (if they continue into the future) pose a far more significant threat to the City’s Filtration Avoidance Determination than the threat posed by the regulated activities of the existing humans living within the West of Hudson Watershed; and

Whereas, upon information and belief, the pollutant loading from flood events far exceeds any long-term pollutant load reduction derived from the land acquisition program as currently administered; and

WHEREAS, as currently administered, the land acquisition program provides, little, if any, flood mitigation benefits; and

WHEREAS, many of the communities within the NYC Watershed remain in a state of emergency. Many of the major streams and water courses are filled with debris, sediment and trees along large reaches. If those materials are not removed and the stream bed/banks are not restored, the debris will block culverts and block stream channels causing the streams to again jump their non-existent banks; and

WHEREAS, FEMA provides funds to local municipalities ( reimbursement) to repair and clear municipal property; there are very little funds, if any, to clear stream beds and steam banks along private property, and

WHEREAS, FEMA provides funds to local municipalities to repair and clear municipal property, flood plain regulation required by FEMA preclude and/or restrict property owners whose property damage exceeds 51% of its value to rebuild within the flood plain; and

WHEREAS, local municipalities with severe damage from the flood are concerned that many of the property owners with severe damage will abandon their property due to an inability to rebuild; an

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Special End of Year Meeting

December 29, 2011

inability to afford to rebuild; due to a fear of the next flood and/or due to an inability to obtain financing to rebuild; and

WHEREAS, the local communities would like to allow these property owners to rebuild within the community outside of the floodplain but those property owners need funding, critical infrastructure (water, sewer, electric, telephone, road) and land suitable for development in the vicinity of their existing home and hamlet all at a price that they can afford to finance; and

WHEREAS, in order to prevent NYC from having to expend billions of dollars for filtration, NYC should invest in projects to mitigate and avoid the catastrophic impact from future floods and intense storm events. Such measures include clearing the streams of debris and gravel bars and maintaining those stream corridors on an ongoing basis; to stabilize the stream banks where feasible and practical; and to construct structures ( where possible and practical) to slow and mitigate the impact from intense storm events; work with watershed communities to ensure affordable housing for its residents outside of floodplains; and

WHEREAS, the Town of Shandaken, as a watershed partner and a municipal government responsible for the welfare of its residents, wants to pursue flood mitigation throughout the county and wants to partner with NYC on these projects along with other resources; and

WHEREAS, there is a sentiment growing among the residents of the watershed that the status quo is no longer sustainable; the flood/storm damage has been too great; the risk of another flood too real; the cost to local residents to build a new home unaffordable; and the funding (including the local cost share) to protect the value of the NYC water supply allocated to controls has little, or no, measurable benefit; and

WHEREAS, the residents of the Town of Shandaken and the NYC Watershed do not understand why they are required to spend tens of thousands of dollars to address the sediment loading in storm water from a building lot in watersheds scarce in impervious surfaces and new development while little is done to prevent or reduce the potential harm to existing structures and land from significant, frequent and intense storms; and

WHEREAS, the residents of the Town of Shandaken and the NYC Watershed do not understand why USEPA and NYSDOH require NYC to spend hundreds of millions of dollars to buy potentially developable land outside the floodplain in communities that have had either stagnant or decreasing populations for over 150 years while, at the same time, not requiring any funds to be spent to prevent the existing hamlets from being severely damaged and carried away downstream to the reservoirs.; and

WHEREAS, Governor Andrew Cuomo has come to the Watershed communities ( and other communities impacted by the flood) on several occasions in recent weeks (more than any other Governor in recent memory) and he has promised his and the State’s support in the rebuilding of our communities—not only to restore — but to make them better than before the recent flood and we thank him for his pledge of support; and

Now, Therefore Be It Resolved, the Town of Shandaken Town Board requests that the New York State Department of Environmental Conservation, New York State Department of Health, the USEPA and New York City revisit the Water Supply Permit and recommend that funding from the Land Acquisition Program be allocated to support flood mitigation that will reduce the long-term risk from pollutant loading caused by major flood events; and

Be it further resolved, that the pilot Riparian Buffer Program be specifically tailored for flood mitigation efforts thereby enhancing its effectiveness in reducing pollutant loading caused by flood events, retaining local community character and local sustainability; and

Be it further resolved, that the Town Board respectfully request that USEPA, NYSDEC and NYSDOH acknowledge that no amount of land acquisition ( not even the acquisition of 105,000 acres over the next 15 years) is going to have a measurable impact on water quality unless flood mitigation is given the highest funding priority and measures are implemented to protect the communities and land from future flood events and intense storms; and

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Special End of Year Meeting

December 29, 2011

Be it further resolved that this resolution be sent to Governor Andrew Cuomo, Kevin McCabe, Senator Kristin Gillibrand, Senator Charles Schumer, Congressman Hinchey, Congressman Gibson, NYS Attorney General Eric Schneiderman, NYS DEC Commissioner Joe Martens, NYSDOH Commissioner Nirav R. Shah, NYC Mayor Bloomberg, NYC DEP Commissioner Carter Strickland, NY State Senator Majority Leader Senator Dean Skelos, NYS Assembly Speaker Sheldon Silver, EPA Region 2 Director Judith A. Enck,, NYS Senator John Bonacic, New York State Assemblyman Clifford Crouch, New York State Assemblyman Peter Lopez, New York State Assemblyman Kevin Cahill, Wayne Speenburgh Chair, Greene County Legislature, Harold Vroman Chair, Schoharie County Board of Supervisors, Jonathan Rouls, Chair, Sullivan County Legislature, Frederick J. Wadnola, Chair, Ulster County Legislature. Watershed County Executives and Managers, Watershed Town Supervisors and Village Mayors, Dennis Lucas of CWT, CWC Board of Directors, James E. Tierney Assistant Commissioner for Water Resources, Thomas Snow DEC NYC Watershed Coordinator, Pamela Young Acting Chief, NYC Watershed Section, Alan Rosa Executive Director of CWC, the Catskill Center for Conservation and Development, Natural Resource Defense Council, River Keeper, Nature Conservancy, NYPIRG, Open Space Institute , William Harding, Executive Director, Watershed Protection and Partnership Council, Gene Kelly, Region 4 Director, NYSDEC, and William Janeway, Region 3 Director, NYSDEC.

AND MOVE ITS ADOPTION

Seconded by: Councilman Jordan

ROLL CALL 4 Ayes 1 Absent

RESOLUTION 158 OFFERED BY Councilman Jordan

WHEREAS, The Department of Audit and Control require Town Boards to sign and inspect all vouchers coming into the town for payment, to number and total amounts from each fund.

THEREFORE BE IT RESOLVED, that the Town Board authorize the following vouchers paid:

General Fund $ 25,443.90

Highway Fund $ 72,582.88

Phoenicia Water District $ 7,337.40

Phoenicia Lighting District $ 1,036.40

Chichester Lighting District $ 143.30

Pine Hill Lighting District $ 582.03

Pine Hill Water District $ 2,045.45

AND MOVES ITS ADOPTION

Seconded By : Councilman Bartlett

ROLL CALL 4 Ayes 1 Absent

RESOLUTION # 159 OFFERED BY Councilman Bartlett

RESOLUTION TRANSFERRING FUNDS FOR HIGHWAY DEPARTMENT END OF YEAR

WHEREAS, the Town of Shandaken each year transfers funds in order to meet all bills and balance all budgeted lines,

THEREFORE BE IT RESOLVED, that the Town of Shandaken Town Board approves the following transfers in order to balance budgeted lines:

AMOUNT FROM ACCOUNT # TO ACCOUNT #

$ 5,100.00 Machine & Equip. DA55130200 Attorney Contractual DA51420400

$15,000.00 Machine & Equip. DA55130200 Machine Replacement DA55130450

$ 1,900.00 Machine & Equip. DA55130200 Salt DA55142400

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Special End of Year Meeting

December 29, 2011

AND MOVE ITS ADOPTION

Seconded by: Supervisor Stanley

ROLL CALL 4 Ayes 1 Absent

RESOLUTION # 160 OFFERED BY Councilman Bernstein

RESOLUTION TRANSFERRING FUNDS, PHOENICIA WATER DISTRICT END OF YEAR

WHEREAS, the Town of Shandaken each year transfers funds in order to meet all bills and balance all budgeted lines,

THEREFORE BE IT RESOLVED, that the Town of Shandaken Town Board approves the following transfers in order to balance budgeted lines:

AMOUNT FROM ACCOUNT # TO ACCOUNT #

$6,000.00 Contract Expenses W158320400 Labor Personal Ser. W158320100

AND MOVE ITS ADOPTION

Seconded by: Supervisor Stanley

ROLL CALL 4 Ayes 1 Absent

Phoenicia Water Committee

John Kilb - I find it necessary to bring to the attention of the Town Board that the backup water supply pump house on High Street was severely compromised by the storms of August and September and it is clear that this pump house and surroundings will not be able to stand another flood any reinforcement around this pump house will be at best temporary, please be advised.

Highway Superintendent Eric Hofmeister said that FEMA has been to all of the plants, they will be replacing the rip rap by the water plant on Lower Main Street and they have taken into account the pumps in the old pump house. The High Street pump station , they will pay us to fix the yard, putting the fence back and fixing the building and maybe some rip rap to protect the building. The problem is the Esopus has moved over and the pump station is right in its’ path. The only possible thing is to get DEP or NRCS funding, it is not only the pump station that is involved, it is High Street, and the Stoney Clove.

Supervisor said that there are several agencies involved also, the DEC, DEP, DOT and the Town of Shandaken. Eric added that unfortunately the plant is wide open and is vulnerable if another flood hits.

Alfred Peavey came forward with a layout of bills from Tania Barricklo from 2009 which the meter was read wrong, which is plain to see, it is my estimation that we owe her $404.50, there were late fees involved but they will not be refunded.

Motion by Supervisor Stanley to credit Tania Barricklo $404.50 in the future billings, seconded by Councilman Bernstein, all in favor, motion carried.

Mr. Peavey, said that there is a major leak in Phoenicia, Rural Water has it between Ruth Gale Reality and Morin Imports, but they cannot find it.

Mr. Peavey handed out an amended Article 18 to the Phoenicia Water District Bylaws, attorney Paul Kellar has reviewed this and after the Town Board reviews it and makes changes, then it will go back to the attorney and then for public hearing in the next month or so. The next thing we have to do is find some serious money to upgrade and make repairs to the water district.

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Special End of Year Meeting

December 29, 2011

Candace Balmer was present and the Supervisor asked her if there was any funding for the water district.

Candace responded by saying that there are no grants available, you will qualify for some type of subsidized loan. The Engineers study was done before the flood and some of the places that needed repair have become even more emphasized. In the study the cost of the improvements and repairs was about a million dollars, so you need to pick and prioritize these and work on them over the years.

Another thing you should be doing is putting money collectively in a capital reserve account for immediate repairs, instead of letting things go too far before fixing them.

Board Comments

Councilman Jordan – at the last meeting there was a question about Trout Unlimited and the stream channelization, I contacted the National Office of Trout Unlimited, here is a quote from Mr. Jack Williams from their central office, “We need to demonstrate why the channelization and clearing activity is not in their best interest, both because of the poor long term flood control practice and also because it reduces the recreation value of the area for things like fishing.” They would like to use education and media instead of litigation to try to come up with some resolution to the flooding problems rather than fighting to restore the streams.

Councilman Jordan – I would like us to present a resolution at our next meeting in support of Belleayre again. Having just come from the Mountain, their numbers are down tremendously and this severely impacts the entire Route 28 Corridor. Last year the state reduced Belleayre’s budget by 10% this year by 14% and they have stopped all promotional tickets and advertising as a result the Mountain is really, really hurting. Last year on the Friday before Christmas we had 1800 skiers, this year we had 250. The weather has something to do with it, but the State is not doing anything to help us.

Councilman Bernstein – would like to do a resolution to support the opening of the Phoenicia Bridge that was damaged by the storm. I feel that if we put pressure on the County it will help get that bridge reopened.

Motion by Supervisor Stanley to adjourn the End of Year Meeting, seconded by Councilman Bernstein, all in favor, motion carried.

Motion by Supervisor Stanley to enter into Executive Session to discuss personnel, seconded by Councilman Bernstein, all in favor, motion carried.

Executive Session

Motion by Supervisor Stanley to close the Executive Session, seconded by Councilman Bernstein, all in favor, motion carried.

Motion by Supervisor Stanley to reopen the Special End of Year Town Board Meeting, seconded by Councilman Bernstein, all in favor, motion carried.

No Report on the Executive Session/no decisions were made.

Happy Healthy New Year to All

Motion by Supervisor Stanley to Adjourn the Special End of Year Town Board Meeting, seconded by Councilman Bernstein, all in favor, motion carried.

PUBLIC HEARING UPPER ESOPUS FISH & GAME ASSOCIATIONS LOGGING PERMIT EXTENSION December 5, 2011

shandaken_admin — Tue, 17 Jan 2012 12:21:53 +0000

PUBLIC HEARING

UPPER ESOPUS FISH & GAME ASSOCIATIONS

LOGGING PERMIT EXTENSION

December 5, 2011

6:50 pm

The Town Board met this date as per notice in the official Town Newspaper with the following members present: Supervisor Stanley, Councilmen Bartlett, Bernstein, Jordan and Malloy.

Pledge of Allegiance to our Flag

Roll Call

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that the Shandaken Town Board will hold a Public hearing pursuant to §109-6(a) of the Code of the Town of Shandaken. The Public hearing will be held on December 5, 2011, 6:50 pm at Shandaken Town Hall located at 7209 Route 28, Shandaken, New York. The purpose of this hearing is to hear all those present on the Extension of Logging Permit for Upper Esopus Fish & Game Association, Oliverea, New York

TAKE FURTHER NOTICE that the Shandaken Town hall is assessable to the physically impaired.

Dated: November 23, 2011 BY ORDER OF THE TOWN BOARD

Laurilyn J. Frasier, RMC/MMC

Supervisor Stanley explained that a permit is only good for one year, this permit was issued a year ago and due to weather and budget constraints the work did not get completed, so this is just an extension or re issue.

Public Comments

No comments

Motion by Supervisor Stanley to adjourn the public hearing on the logging permit for the Upper Esopus Fish & Game Club, seconded by Councilman Jordan, all in favor, motion carried.

PUBLIC HEARING CATSKILL MOUNTAINS SCENIC BYWAY NOMINATION And CORRIDOR MANAGEMENT PLAN December 5, 2011

shandaken_admin — Tue, 17 Jan 2012 12:20:18 +0000

PUBLIC HEARING

CATSKILL MOUNTAINS SCENIC BYWAY NOMINATION

And

CORRIDOR MANAGEMENT PLAN

December 5, 2011

6:30pm

The Town Board met this date as per notice in the official Town Newspaper with the following members present: Supervisor Stanley, Councilmen Bartlett, Bernstein, Jordan and Malloy.

Pledge of Allegiance to our Flag

Roll Call

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that the Shandaken Town Board will hold a Public hearing

on December 5, 2011, 6:30 pm at Shandaken Town Hall located at 7209 Route 28, Shandaken, New York. The purpose of this hearing is to hear all those present in favor or against The Catskill Mountains Scenic Byway Nomination and Corridor Management Plan.

TAKE FURTHER NOTICE that the Shandaken Town hall is assessable to the physically impaired.

Dated: November 23, 2011 BY ORDER OF THE TOWN BOARD

Laurilyn J. Frasier, RMC/MMC

Supervisor Stanley stated that we are here tonight because the Catskill Center for Conservation and the Catskill Corridor Collaborative Committee have forwarded a draft Corridor Management Plan for the proposed Catskill Mountain Scenic Byway and Peter Manning is here from the Catskill Center for Conservation and Development will introduce the document.

Peter Manning – Thanked the Town Board for the opportunity to address the Board again, I say again, because I was here in 2008 at which time I was hired as regional planner and was asked to go beyond what was done before, which was excellent. Helen Buddrock did a lot of excellent work in a lot of individual communities and my charge when I got here in late 2007 was to work with several communities at once as a regional planner so in doing that I came to you along with six other communities along the Route 28 Corridor and I asked you to assist me in the process, specifically I wanted to engage in what we call an inter-municipal or regional dialog meaning that all of these six communities or seven the latter came later. Working together, to protect and promote the resources that make the Central Catskills Route 28 Corridor Special. You said, yes and by doing that you adopted a resolution to have this dialog and you also designated two members to the Central Catskills Collaborative Committee, the advisory committee that was created. Shortly after the other communities did what you did and they each had two members to the group. This group convened in May 2008 and we adopted several recommendations including explore the nomination for the Scenic Byway for Route 28. Also in 2008, DEC said, if you would like to create a scenic byway we have resources for you, everyone said that is great, because we have adopted several recommendations. Moving into late 2008 we found that NYSDEC had no resources for us because, that fell into some financial hard times in 2008. However this inter-municipal group wanted to go forth, we turned on a dime and submitted an application to the Catskill Watershed Corporation, that was successful, but much less then the amount that the NYSDEC had promised. This turned out to be a blessing, because all of the communities stepped up to become a large part of the plan and it turned out to be much better, because nobody can talk about their community then the people that live there. So the plan is filled with local expression because of the involvement of the local communities.

A Scenic Byway is a road with a storey to tell. It is also a community that has outstanding resources in one or more of the following areas; Recreation, recreational, scenic, cultural, historical and natural. If you can prove to the State that you have one or more of those then you are in good shape to submit a Scenic Byway nomination. We found that we have all of them and you can read about that in the document. Very early on we asked the Scenic Byway Manager to attend one of our meetings. She said that a Scenic Byway is an economic development through tourism tool. What do we mean about that here on Route 28, it allows all of these communities to package and promote these resources. If these communities get designation it is a piece of legislation signed by the Governor. It brings you recognition from State agencies for instance. Having worked at the Department of State, division of local government where we know that we have more than 1600 local governments. When NYS looks out and see that we have clusters of local governments working and getting their act together, they are going to get more recognition. So a State designated Scenic Byway is even better than that, you are cooperating together and then you get this designation. So, when there is a problem when one Superintendent calls, you are in essence calling for the entire 50 miles of road or the group of towns. The other benefit is you become eligible for funding and this is still alive and well it comes from the Federal Government and every year it has continued to remain available for designated Scenic Byways and others in the State have used this program. In order to do the nomination you have to do the Scenic Corridor Plan which you have a copy of and a copy is on your website, at shandaken.us.

Carol O’Bern – Chairman of the Central Catskills Collaborative

I think that it is clear to us, having for these past few years on this project and know what the situation we have in the Central Catskills knowing what our economic future is, that working together in a collaborative fashion focused on the best of our communities and the best of our businesses and bringing that all together under a Scenic Byway designation seems that it is the most appropriate and the most efficient and effective way we should be going. We know what our assets are, but we have to learn how to tell people what our assets are. We know what we enjoy every day, and how we can take advantage of that and build an economy and invite people or tourists to come and enjoy those assets to help us to be able to stay here our selves. I think that is one of the biggest worries that we all have especially after the flooding, how are we going to sustain our communities, how are we going to have jobs for our young people so that we have families stay here. How can we sustain our tax base and all survive. To us after working on this project, we feel that this is an excellent opportunity for us. Each one of the municipalities have work diligently together to put together this plan and as far as the Central Catskills Chamber is concerned, we really encourage you to support this effort. Thank you!

Public Comment

Al Higly – we have heard about the assets, let’s hear about the liabilities. The State of New York already owns 75% of this town and also in our neighboring town of Olive the State and the City of New York own 66% of that town. This is another government agency, so called a collaborative agency to expand more government to take more rights away from what we already don’t have. I have the signage here, they can tell you what kind of signs to put up and next they will tell you what kind of lights to put up. Also, who is paying for all of this, who is paying the salaries for this four years of study? The state of New York can’t even fund a flood disaster and here we are reaching out to a Scenic Byway, more government agencies, mean more money. It all sounds good on the surface on the asset side, let us here about the liabilities.

Charlie Frasier – it sounds like this is going to supersede some of our zoning, is the town ready to give that commitment up. We currently have signage laws that would be superseded by this law. I agree with Al, another layer of bureaucracy, you have got to make sure we have some kind of control over it.

Alfie Higley – the Town just approved a major sign plan, how is that going to affect that, are we going to have these signs built and now we cannot have these signs, because they say so.

Al Frisenda – going back to what Al said, about the percentage of land that is owned by the state.

The land that is left in Shandaken is primarily along the Route 28 corridor, Route 214 and Route 42, there is not much left to be developed in this town. We have a comprehensive zoning ordinance, that regulates land use through the Town of Shandaken’s oversight. I do not want to see Shandaken give up its’ control over the land use to an outside agency that is just going to represent another layer of control and bureaucracy that we gave away. We put up with that with the DEC and the DEP, let’s not go overboard. Keep control in our own hands.

Al Higley – There is a very poor turnout here and somehow you have to get this advertised a little better there are a lot of people involved. I am not saying that this is the right thing or wrong thing, I just want to know more about it, because it effects everyone in the community.

Peter Manning – stated that the concerns are valid and they had the same concerns within their committee, they wanted to know more about it, what the catch is and most importantly are their any regulations. That is when we had the Scenic Byways coordinator come in and explain all of these things. There is one regulation and that is the regulation of off premise signage. In the Town of Shandaken that regulation already exists because of the Catskill Park, so technically there are no off premise signs otherwise known as bill boards aloud on State highways in the Catskill Park. That is the only regulation, everything else is home rule. Remember this is your project, not the Catskill Centers. There is no loss of local control. This project is different because you. You Shandaken, Olive, Andes, Middletown, Hurley, Margaretville and Fleischmanns get to say if there is a Scenic Byway. Every community will have to designate and support this application before it is submitted.

Open Discussion

Councilman Bartlett asked if Mr. Manning could talk about the advantages of a Scenic Byway.

Mr. Manning – One of the things that just came out is a Scenic Byway map of New York State, the cover on that had the Adirondacks on it and if you read it, it had this proposal listed. A Scenic Byway on the state level, will get you more promotions. He then reiterated that this will actually bring tourists here, it will pull people off the thruway to a special place. The outdoor recreation in this area is really not marketed and these communities said that they can do better then that, I am only here to help. This is your and the other six communities project.

Al Higley said that I think a lot of us agree with what you are trying to do, we are just a little gun shy, with the DEC and the DEP owning 75% of the land and only paying 10% of the taxes, we are getting screwed here and everybody knows it.

Gary Gailes asked about signs for a new business that opens on Route 28, is this going to effect that?

Mr. Manning said that they have the tourist destination signs that already exist, bill boards are technically not aloud in the Catskill Park, unless they are grandfathered in. We have these TOD signs that are brown and yellow that will point down a road, now if there is another turn, this will not work. This collaborative is suppose to fix that problem, and I was told by a state employee that yes, we should fix that, but no one is making noise about it. So that is another advantage with a group like this.

Discussion on Off premise sign.

Motion by Supervisor Stanley to close the public hearing on the Scenic Byway and draft Corridor Management Plan, seconded by Councilman Bernstein, all in favor, motion carried.

NOVEMBER 23, 2011 SPECIAL TOWN BOARD MEETING CWC FLOOD RECOVERY

shandaken_admin — Wed, 07 Dec 2011 16:48:31 +0000

SPECIAL TOWN BOARD MEETING

November 23, 2011

1:00 pm

The Town Board met this date as per Notice in the official town newspaper with the following members present: Supervisor Stanley, Councilman Bartlett, Bernstein, and Jordan, Councilman Malloy was absent. Others present Town Clerk Frasier and Amie Goodrich, FEMA secretary.

Pledge of Allegiance to our flag

Roll Call

NOTICE OF SPECIAL TOWN BOARD MEETING

Please take Notice that the Town of Shandaken Town Board will hold a Special Town Board Meeting on Wednesday November 23^rd at 1:00 PM. The purpose of this meeting will be to approve bids for the Town of Shandaken Signs and to review and award monies for qualified businesses from the CWC funds. This meeting will take place at the Town Hall, 7209 Route 28, Shandaken, New York.

Dated: November 17, 2011 By Order of the Shandaken Town Board

Laurilyn J. Frasier, RMC/MMC

Shandaken Town Clerk

Motion By Supervisor Stanley to award bid for the Town Wide Signage, including, 2 large welcome signs, 6 small welcome signs, 1 large information sign, 5 small information signs and 1 large commons sign, be awarded to Kurt Boyer Design of Phoenicia, New York for the total bid price of $26,311, to be paid for from the Smart Growth grant, seconded by Councilman Jordan, all in favor, motion carried.

RESOLUTION #142 OFFERED BY Supervisor Stanley

RESOLUTION AWARDING CWC FLOOD RECOVERY BUSINESS FUNDS

WHEREAS, the Town of Shandaken entered into an agreement with the Catskill Watershed Corp. of Margaretville, NY to dispense much needed financial assistance to those businesses affected by Hurricane Irene and Tropical Storm Lee and

WHEREAS, the Town has recognized eligible businesses in previous resolutions and,

WHEREAS, the Town of Shandaken is to disperse a maximum of $331,000 to local businesses to assist in their recovery efforts, and

WHEREAS, the Town recognizes that the amount of funds will not meet all the businesses needs, and

WHEREAS, the Town of Shandaken needs to publicly acknowledge the businesses and the amounts to be paid to each,

THEREFORE BE IT RESOLVED, that the Town of Shandaken Town Board recognizes the following businesses and awards to be dispersed in accordance with the list provided along with this resolution for a total amount of $330,958.00.

AND MOVES ITS ADOPTION

Seconded by: Councilman Bartlett

ROLL CALL 3 Ayes 1 Absent 1 Recusal (Bernstein since his wife was applying for funds)

Page 2

Special Town Board Meeting

November 23, 2011

Business Name	Hamlet Location	Amount Awarded
Black Bear Builders	Shandaken	$9,800.00
Emerson Resorts	Mt. Tremper	$16,195.00
Oliverea Maple	Oliverea	$7,500.00
Copper Hood Inn	Allaben	$0.00
Ruth Gale Realty	Phoenicia	$20,000.00
Farmer Jones Barns	Shandaken	$20,000.00
Simpler Times Cabins	Phoenicia	$0.00
Anderson’s Cabins	Phoenicia	$8,400.00
Phoenicia Deli	Phoenicia	$5,000.00
Catskill Mtn. RR	Phoenicia	$0.00
Town Tinker	Phoenicia	$0.00
Phoenicia Wines & Liquors	Phoenicia	$18,250.00
Sleepy Hollow Campground	Phoenicia	$15,500.00
Black Bear Campground	Phoenicia	$23,431.00
Uncle Pete’s Campground	Phoenicia	$15,000.00
Cottages at Rockcut Ledge	Mt. Tremper	$25,000.00
Joan Bryant/Car Craft Bldg.	Mt. Tremper	$25,912.00
Brian Door Landscaping	Mt. Tremper	$5,000.00
Mama’s Boy Market	Phoenicia	$0.00
Phoenicia Pharmacy	Phoenicia	$5,000.00
Phoenicia Hardware	Phoenicia	$7,500.00
Beecher Smith Holdings	Phoenicia	$9,000.00
Phoenicia Supermarket	Phoenicia	$11,800.00
Debra-Jo Unisex Salon	Phoenicia	$6,800.00
H.Kilb & Sons	Phoenicia	$3,000.00
Sweet Sue’s	Phoenicia	$8,000.00
Ray Kirk Properties	Phoenicia	$6,970.00
Ace Works	Mt. Tremper	$5,000.00
Margaret Byron (P.O.)	Mt. Tremper	$16,900.00
Ricciardella’s Restaurant	Phoenicia	$12,000.00
Brio’s/Sportsmans Rest.	Phoenicia	$8,000.00
Page 3 Special Town Board Meeting November 23, 2011
Jeff Collins Stone Yard	Mt. Tremper	$5,000.00
Danco	Oliverea	$1,000.00
Gugliemetti/Car Craft	Mt. Tremper	$7,500.00
Rita Scwabb Gallery	Mt. Tremper	$2,500.00
Cobblestone Motel	Phoenicia	$0.00


TOTAL LOSSES		$330,958.00

Discussion on the above list and the whys and why knots,

Motion by Supervisor Stanley to hold two Public Hearings on December 5, 2011one at 6:30 on the Catskill Mountains Scenic Byway Nomination and Corridor Management Plan and one at 6:50 on the Extension of the Upper Esopus Fish & Game Association Logging permit, seconded by Councilman Jordan, all in favor, motion carried.

We will also have to do a SEQRA on both the Catskill Mountains Scenic Byway and the Logging Permit.

Discussion on the Farm Stand Law, Pine Hill Sewer Extension and the Town Museum, these are all subjects that will be brought up in the New Year and acted on.

Motion by Supervisor Stanley to adjourn, seconded by Councilman Jordan, all in favor, motion carried.

NOVEMBER 9, 2011 REGULAR TOWN BOARD MEETING

shandaken_admin — Wed, 07 Dec 2011 16:46:56 +0000

REGULAR TOWN BOARD MEETING

November 9, 2011

7:00 pm

The Town Board met this date as per Resolution # with the following members present:

Supervisor Stanley, Councilmen Bartlett, Bernstein, Jordan and Malloy.

Pledge of Allegiance to our flag

Roll Call

Motion by Supervisor Stanley to accept the minutes from October 3^rd Regular Town Board meeting and October 18^th Special Town Board meeting, seconded by Councilman Bartlett, all in favor, motion carried.

Supervisor’s Report- October 2011

Town Board Topics and Activities

Page 2

Regular Town Board Meeting

November 9, 2011

Saturday November 12^th at 1:00, there will be a recognition luncheon honoring Jane and Jay Jacobs and the Timberlake Foundation for monetarily assisting residents that had serious flood damage. Johnny Rocco’s will be providing the food, the only expense to the Town will be to provide the recognition plaque, everything else will be provided through private donations.

Next month the Catskill Center will be presenting an application for the Scenic Byway designation. The application which was received on DVD will be placed on the Town Website for everyone to inspect. There will be a resolution of support at next month’s meeting and Peter Manning and Alan White will be presenting pros and cons on the project.

Page 3

Regular Town Board Meeting

November 9, 2011

Councilman Bernstein - November 11^th there will be a Veterans Day ceremony at the Eagle at 11:00 am with refreshments following at the Post.

The Catskill Mt. Classic Car Club will host their annual Christmas for Kids this Sunday November 13^th from 12:00 to 3:00 at the Big Indian Fire House they are looking for cash or toys and they will be distributed to local children here and Marylou Stapleton is the contact at 254-4238.

Phoenicia Library will hold a community meeting on Thursday, November 17^th at 7:00 pm here at the Town Hall to give an update on the rebuild and would like your input.

I would also like to thank the voters for their support for the next four years.

Councilman Jordan – Congratulations to all who ran.

Gary Carr and myself met with people from the school system and the Phoenicia School will be an evacuation site, in case we every have to go through a disaster again, the only thing we need to do now is find generators for emergency use, the fire chiefs need to contact me.

Supervisor & Town Board – Presentation to Gary Carr for 20 years of Service to the Town of Shandaken Ambulance Department – Plaque given to Gary.

Gary said, “it was a pleasure and a good feeling, I have enjoyed it and hope to do a lot more, Thank you”.

Catskill Center

Meridith Taylor – of the Invasive Species Partnership

This beetle was discovered in Ulster County two years ago, and we are working as a partnership with the communities to identify the problem, volunteering to do inventory of Ash trees on public and private properties.

Emerald Ash Borer
Emerald ash borer (EAB), Agrilus planipennis Fairmaire, is an exotic beetle that was discovered in southeastern Michigan near Detroit in the summer of 2002. The adult beetles nibble on ash foliage but cause little damage. The larvae (the immature stage) feed on the inner bark of ash trees, disrupting the tree’s ability to transport water and nutrients. Emerald ash borer probably arrived in the United States on solid wood packing material carried in cargo ships or airplanes originating in its native Asia. Emerald ash borer is also established in Windsor, Ontario, was found in Ohio in 2003, northern Indiana in 2004, northern Illinois and Maryland in 2006, western Pennsylvania and West Virginia in 2007, Wisconsin, Missouri and Virginia in summer 2008, Minnesota, New York, Kentucky in the spring of 2009, Iowa in spring of 2010, and Tennessee in the summer of 2010 .

Elizabeth D’Auria – We walked around Phoenicia and Pine Hill and we counted the Ash trees, we gathered their information on size, age, if possibly infested and location. Holding up a maps of Pine Hill and Phoenicia they found about 98 Ash trees located in Pine Hill and about 30 Ash trees in Phoenicia. We are not just leaving you with a map of trees located on it, we are here to help you continue the program and decide what to do with a tree that is infested. Once a tree is infested it takes about two years for it to die. You have options of taking the trees down or treating the trees with inoculations of pesticides by a certified Arborist .

Audrey Crop – I am working on the Emerald Ash Borer Community Support Project, we are developing a task force and our next meeting will be in January and we would love it if the Town Supervisor could attend. This task force is developing ways that they can help alleviate the expense to communities by involving County and Town Highway Departments, local concerned citizens, and community groups to help deal with the Emerald Ash Borer. Part of the task force is to help you develop a plan or written document on how your community will deal with the Emerald Ash Borer. We are developing a list of Tree Specialists and we would like the Town Board to establish leadership or a person to be a liaison with me, to keep up with the current correspondence and information on this problem. We can coordinate training for employees such as chainsaw training and we can coordinate other informational meetings if necessary.

Councilman Jordan asked about the purple traps that he has seen in Delaware County.

Page 4

Regular Town Board Meeting

November 9, 2011

Ms Taylor said that there are about eight thousand traps across the state and they are an early detection although not to effective they are improving. The purple traps were used in Albany and Orange counties to detect the Emerald Ash Borer this year, but in Saugerties they were up for several years before any were detected.

Councilman Bernstein asked about the inoculation of the trees.

Ms Taylor said that this is effective it is Emamectin Benzoate Pesticide if inoculated will last about three years and then it has to be re-inoculated. The cost is about $12 per inch of diameter of the tree. People tend to want to save the older larger trees, but a healthy young tree is a better candidate. If untreated, it is inevitable that we will lose all of our Ash Trees.

Discussion on treating and saving the Ash Trees.

Ambulance Report – Rich Muellerleile

October 2011 Report

Total calls received- 33

Total calls Belleayre- 0

Mutual aid given- 2 (Town of Lexington)

Mutual aid received- 0

Total expenses / revenues- Per Town Board Financials

With colder weather becoming more prevalent please be cautious while using alternative means to heat your homes. Woodstoves, fireplaces, vent less heaters, pellet stoves, and electric radiators pose a risk for burns particularly to youngsters if not isolated and protected in common areas. Some types of heaters also heighten the risk of carbon monoxide poisoning if improperly vented so ensure that they are installed and serviced by a professional. If you haven’t already- purchase a carbon monoxide detector and remember to change the battery every time you change the clocks forward or back!

Our busy season is approaching and to prepare the Ambulance Service is welcoming a few new faces and bidding farewell to a few whom have moved on or have become increasingly inactive. Tonight there will be a resolution hiring an Ambulance Driver, and an Ambulance Technician whom will contribute to filling those voids left by individuals inactive or leaving the roster. A warm welcome goes out to Wendy Grossman, and Kevin McGee whom will start training tomorrow pending the outcome of the resolution.

Stay Safe Out There,

Richard W. Muellerleile, NREMT-P, CC

Captain/ Administrator, Town of Shandaken Ambulance Service

Museum – Councilman Jordan

The Museum board will reconvene next spring, they are looking for a new director and they would like to have a joint meeting with the Town Board.

Phoenicia Water – Alfred Peavy

I would like to bring to the Town Board’s attention that the system is in need of repairs since the flood and we are also incurring additional costs we have spent $4,000 on filters since the flood because there is so much sediment and turbidity in the water. We really need to look at the water system seriously, we were working on it and it got pushed to the back because of the flood, but we really need to get working on it again. Our next meeting will be Wednesday, the 16^th 6:30 at the Library.

Commissioner Ricciardella added that filters cost about $200 each.

Page 5

Regular Town Board Meeting

November 9, 2011

Police – Councilman Bernstein

Recreation – Heather Roberts

I want to Thank Tina Rice for volunteering her time to go to Belleayre to arrange the Winter Program and a mailing will be going out soon on that. We also updated our Park Permits, we also changed the process and now all parks are reserved through the Town Clerk’s Office.

Turkey Trot – 16 more days until the First Annual Phoenicia Turkey Trot, it is a two mile walk, run, wobble or gobble through scenic Phoenicia, it is $10 for registering per person or $20 per family and all of the proceeds go directly to the Phoenicia Library. We encourage teams, the team with the most finishers will get $250 for their organization. All registrants will be automatically entered to win a free bicycle from Over Look Mt. Bikes, I also want to thank all of the Main Street businesses for their

donations to help pay for the t-shirts.

Page 6

Regular Town Board Meeting

November 9, 2011

Town Clerk – Laurilyn Frasier

Food Pantry Letter

Bike Ride – On Columbus day week end we raised over $1800 with the help of the Catskill Mt. Velo Club and others to purchase bicycles for children that lost them in the flood.

Comments on Resolutions

Kathy Nolan – budget – the line for legal was reduced, I wonder if you could tell us what cases are pending and why did it seem reasonable for you to reduce that line. The seconded thing is the Good Neighbor Fund, which is not a line in the budget, but can you give us a status report on it.

Supervisor Stanley – the Good Neighbor Fund, I don’t have the figures in front of me, so I am not going to be misquoted. I can have that for you tomorrow. As far as litigation, Crump Hill and Windy Ridge that are on going. The line was reduced because we did not use it all this year, so this is one place we cut to tighten the ship.

Motion by Councilman Bernstein to sell the 2002 Ford Ambulance, the bids will be received by the Town Clerk until 3PM on December 5^th, to be opened at the regular meeting that night and the Town Board reserves the right to reject any and all bids, seconded by Supervisor Stanley, all in favor, motion carried.

Resolutions

RESOLUTION #135 OFFERED BY Councilman Bernstein

WHEREAS, The Department of Audit and Control require Town Boards to sign and inspect all vouchers coming into the town for payment, to number and total amounts from each fund.

THEREFORE BE IT RESOLVED, that the Town Board authorize the following vouchers paid:

General Fund $ 83,915.29

Highway Fund $ 135,437.76

Phoenicia Water District $ 6,546.27

Page 7

Regular Town Board Meeting

November 9, 2011

Phoenicia Lighting District $ 949.87

Chichester Lighting District $ 136.04

Pine Hill Lighting District $ 543.65

Pine Hill Water District $ 152.74

AND MOVES ITS ADOPTION

Seconded By : Councilman Jordan

ROLL CALL 5 Ayes

RESOLUTION # 136 OFFERED BY: Councilman Jordan

WHEREAS, the Town of Shandaken Town Board held a Public Hearing on this date at 6:00 PM to hear all those present on the 2012 Amended Preliminary Town Budget.

THEREFORE BE IT RESOLVED, that the Town Board adopt the Amended Preliminary Budget as the Town of Shandaken=s Annual Budget for 2012, and

BE IT FURTHER RESOLVED, that a copy of the Amended 2012 Annual Budget be filed with the County of Ulster.

AND MOVES ITS ADOPTION

Seconded by: Councilman Malloy

Roll Call 5 Ayes

RESOLUTION #137 OFFERED BY: Supervisor Stanley

WHEREAS, the Town of Shandaken is in need of a Building Inspector @ 14 hours per week, $12.80 per hour and a Zoning Enforcement Officer @ 14 hours per week, $12.80 per hour,

THEREFORE be it resolved, that the Town Clerk advertise for these positions, and

BE IT further resolved, that a letter of intent and resume should be sent to the Town Supervisor, Robert A. Stanley, P O Box 134, Shandaken, New York or e-mail shandakensupervisor@yahoo.com, by 3pm on December 15, 2011.

AND MOVES ITS ADOPTION

Seconded by: Councilman Jordan

ROLL CALL 5 Ayes

RESOLUTION #138 OFFERED BY: Councilman Malloy

WHEREAS, the Town of Shandaken Police Department has entered into a contract with the Town of Ulster to use their Firearms Range,

THEREFORE BE IT RESOLVED that the Supervisor be authorized to sign this contract with the Town of Ulster allowing the Town of Shandaken Police Department to use their Firearms Range.

AND MOVES ITS ADOPTION

Seconded by: Councilman Bernstein

ROLL CALL 5 Ayes

Page 8

Regular Town Board Meeting

November 9, 2011

RESOLUTION #139 OFFERED BY: Councilman Bartlett

WHEREAS, The Town Board advertised to receive bids for Town Wide Signage, including , Welcome Signs, Small 7 Large, Informational Signs, Small and large and a Large Placard sign,

THEREFORE be it resolved that this bid be awarded to_______________________________

for the bid price of $___________.

AND MOVES ITS ADOPTION

Bid Opening

2 Bids Received

W. S. Sign Design Corporation

West Springfield, MA

Kurt Boyer Design

Phoenicia, NY

Motion by Councilman Bernstein to table #139, until we can discuss this further and find out more information, seconded by Councilman Bartlett, all in favor, motion carried

RESOLUTION #140 OFFERED BY: Supervisor Stanley

WHEREAS, the Town Board advertised, to receive bids, for the repairs to the Glenbrook Park Pavilion.

THEREFORE be it resolved that this be rebid, with specs available@ the Town Supervisor’s Office, bids will be received until 3PM on December 5^th in the Town Clerk’s Office, to be opened at the regular Town Board meeting on that date.

AND MOVES ITS ADOPTION

Seconded by: Councilman Bernstein

ROLL CALL 5 Ayes

RESOLUTION #141 OFFERED BY: Councilman Jordan

AMBULANCE TECHNICIANS

WHEREAS, under § 20 of the Town Law, the Town Board shall designate all appointed officers and employees of the Town; therefore be it

RESOLVED, That the following be appointed to the Shandaken Town Ambulance:

Kevin McGee, Part Time EMT: $66.20 per 12 hour shift, & 29.79 per trip

Wendy Grossman, Ambulance Driver$49.65 per shift, $25.38 per trip

AND MOVES ITS ADOPTION

Seconded by: Supervisor Stanley

ROLL CALL 5 Ayes

Public Comment

Kathy Nolan said that she has spoke to several of the Town Board members and for people that are doing repairs from the flood damage. It would be nice to wave the fees and paper work for these victims.

Page 9

Regular Town Board Meeting

November 9, 2011

Supervisor Stanley said that building permits are necessary for rebuilding and the inspection is necessary. We have had only one person complain of a hardship and that fee was waived. I have to say that complaining on facebook is not the proper place. Facebook is not the complaint department of the town. If they have a complaint, it is called, calling the Town Hall or calling the Building Department and giving an explanation.

Mike Keogel said while we are on the subject of facebook, I had a planning board member accuse me on facebook of being in violation of zoning codes, erroneously, a week before the election. I approached this women and she has yet gotten back to me with proof of these violations, and as far as I see it, I have a liable suit against this women, because liable is when a person says something that is not true and it does harm to you and your business. I am very mad and upset about this and I want to go on record that this member of the planning board thought that facebook was the place to spread this erroneously information about my business.

Supervisor Stanley said to make it an official complaint it has to be written down on a piece of paper and then this will be forwarded to the ethics board and the Town Attorney.

Kimberly Went , about 99% of you know who I am, I am the owner and steward of the property called the Cobblestone Motel in the main part of Phoenicia. I cannot say Main Street Phoenicia, because I am obviously not on Main Street and I have been treated like I am on Main Street. It seems that the businesses on Main Street get special treatment. I am here tonight to get some answers. My property is still closed since the flood, I have not been able to get any assistance at all, everywhere I go, I hit dead ends. I have had no income for eight weeks and that is disturbing in its’ self. I found out just recently that the CWC is giving the Town 356,000 dollars for businesses with structural damage, I spoke to them my self and are you aware of who is putting together this list of businesses? Supervisor , yes this town board. I lost a quarter of my rooms, they are gutted, somehow I managed to save the furniture, I have no hot water, because the water picked up the fuel tank and crushed all of the piping and KOSCO won’t do anything about it. There were hundreds of volunteers on main street helping the businesses, but no one has even attempted to help me. Every where I go there is no help, FEMA said forget it, SBA said take out a loan, I cannot afford to take out a loan, I did not cause this flood, the Stony Clove Creek crosses right by my business, it has done this three times now and no one is doing any thing, I see them playing move the rocks down by the bridge, but it breeches up by my place and nothing is being done, my neighbor emptied her water from her house on to my property and filled it up again, when I asked her not to do it, she assaulted me with her hose. I called the police and they said there was nothing they could do, just wait for the water to go down. I would like this addressed, why is everyone else being helped and I am not.

Supervisor Stanley – you have to make an application for the money.

Ms Went – Oh, I spoke to the CWC and they said that you were the one in charge, and I have spoke to you many times and I have called your office and you have said nothing to me about this.

Supervisor said you need to make an application, we have not given any of the money out, we are still compiling the list. Just make an application and bring us estimates.

Motion by Supervisor Stanley to add the Cobblestone Motel to the loan list for the CWC, seconded by Councilman Jordan, all in favor, motion carried.

Motion by Supervisor Stanley to adjourn the meeting in memory of Glenn E. Miller, Thomas P. Staiger and Thelma Osterhoudt, with a moment of silence, seconded by Councilman Malloy, all in favor, motion carried.

As per Town Law a Copy of the Adopted Budget is Attached.

NOVEMBER 9, 2011 PUBLIC HEARING ON 2012 BUDGET

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PUBLIC HEARING ON 2012 TOWN BUDGET

November 9, 2011

6:00 pm

The Town Board met this date as per Resolution #123 and notice in the official town newspaper, with the following members present: Supervisor Stanley, Councilman Bartlett, Bernstein, Jordan and Malloy.

Pledge of Allegiance to our Flag

Roll Call

NOTICE of HEARING upon SHANDAKEN’S

PRELIMINARY BUDGET

NOTICE is hereby given that the preliminary budget of the Town of Shandaken for the Fiscal Year beginning January 1, 2012, has been completed and filed in the office of the Town Clerk, at 7209 Route 28, Town Hall, Shandaken, New York, where it is available for inspection by any interested person at all reasonable hours.

FURTHER NOTICE is hereby given that the Town Board of the Town of Shandaken will meet and review said Preliminary Budget and hold a Public Hearing thereon, at the Town Hall, at 6:00 PM on the 9th day of November 2011 and at such hearing any person may be heard in favor of or against the Preliminary Budget as compiled or for or against any item or items therein contained.

PURSUANT to section 113 of the Town law, the proposed salaries of the following Town officers are hereby specified as follows:

Supervisor………………………………………………………..$30,000.00

Town Justice…………………………………………………….$17,187.00 each (two)

Councilman………………………………………………………$ 9,000.00 each (four)

Town Clerk/Tax Collector………………………………….$31,954.00

Highway Superintendent…………………………………….$44,346.00

Assessor Chairman…………………………………………….$31,954.00

Assessor……………………………………………………………$ 5,000.00 each (two)

BY ORDER OF THE TOWN BOARD

Laurilyn J. Frasier, RMC/MMC

Shandaken Town Clerk

Dated: October 13, 2011

Supervisor Stanley introduced the Town Accountant Lin Churchill, he will then give an overview of the Town Budget for 2012.

Lin Churchill

I am going to keep it brief, the budget is available on the table and has been available for several weeks now except for a few last minute changes, so I will just give some of the changes from last years’ budget.

The Supervisor has been working with the County to try to pin down what they call the Saftynet costs. That is the Social Services costs that are passed on from the County to the Towns. In the 2011 budget which caused some confusion, because we did not have that number, when the budget got down to the county they added that number on before they assessed the taxes, so the figure that went into the tax bills was different that the figures in the budget. This year there is a number put in the budget that the County provided which is an estimate of $20,000 the 2011 budget was $35,641. We are hopeful that this will not change significantly.

The County also provided us with election costs which were higher than the previous amount it came to $36,000 which is a $16,000 increase from the 2011 budget and this is included in the 2012 figures.

Page 2

Public Hearing on 2012 Budget

November 9, 2011

Other costs we have no control over and some we have a moderate control. One they don’t have control over are the State Retirement Rates, these are published every year by the retirement system and when published they are applied to the salaries of the people in the retirement system and this year they amounted to $168,000 figure compared to $145,000 figure in the 2011 budget.

Workers compensation insurance and health insurance there is a moderate amount of control, they can shop for a different provider, but right now $47,500 for workers compensation insurance increased from $39,000 from last year. Health insurance not too bad it went from $250,000 to $265,000. These are all for the general fund and there are similar increases for the Highway fund. Other costs are budget estimates for fuel oil, gas for the cars, police cars and highway department trucks it is any one’s guess what these costs will be, because they go up and down so they figured the best estimate they could in the 2012 budget.

Fire Districts and Libraries set their own budgets and then they go out for a vote on these budgets. These are not under the control of the Town Board, whatever is voted on, is added into the Town budget.

2% cap adopted by the State for Schools, villages and towns does not affect their own budgets because they vote on their own budget.

Supervisor Stanley – as Mr. Churchill stated after we had completed the budget, we received notification from the Board of Elections of a $16,000 increase and knowing that the library budget was coming up for a vote, we started looking at some places within the budget to retract from. We are basically looking at a .67% increase. If you paid $1,000 last year, this year you will pay $1,006.70. That is really the only major change that we have in here. We have reduced a number of lines, attorney, building contractual, we took small amounts from Town Board, Town Attorney, and other amounts from budget line items. Next year I don’t know where we will find any extra money in the Town Budget. We talked about consolidating election districts or moving two districts to one place, but we would still have to pay the same amount of people so it would not be much of a savings.

Public Discussion

Heidi Clark – Chairman of the Assessors – Presentation

Page 3

Budget Hearing

November 9, 2011

Page 4

Budget Hearing

November 9, 2011

Councilman Jordan asked if Heidi had come up with the costs to other towns, the amount of time it took other towns, etc. as we had asked you. In order for me to make a decision, I have to believe that we are doing this the most efficient and cost effective way possible.

Ms. Clark said that right now it has cost us $47,000 and we have collected all of the data, now we are on phase two, which is putting the data on the computer, this is something that needs to be done, you just don’t do one phase.

Councilman Jordan, I understand, it also has to be updated. I am in favor of getting it done, but we have to find out what it has cost the other towns to do it and then figure out what we are doing and then get it accomplished.

Assessor Carol Seitz added that this work is not getting done, we would like to hire someone for a minimal of $10 per hour to help us, we are doing all we can and the work is not getting completed.

The Assessor’s project was discussed between the Town Board, Assessor Seitz and Clark

Motion by Supervisor Stanley to close the public hearing on the 2012 budget, seconded by Councilman Jordan, all in favor, motion carried.

OCTOBER 20, 2011 SPECIAL TOWN BOARD MEETING ON PHOENICIA SEWER

shandaken_admin — Wed, 07 Dec 2011 16:41:16 +0000

SPECIAL TOWN BOARD MEETING

PHOENICIA SEWER

October 20, 2011

6:00 pm

The Town Board met this date as per Resolution #124 with the following members present: Supervisor Stanley, Councilman Bartlett, Bernstein, Jordan, and Malloy.

Supervisor Called meeting to order

Pledge of Allegiance to our Flag

Roll Call

NOTICE OF SPECIAL TOWN BOARD MEETING

PLEASE TAKE NOTICE that the Town of Shandaken Town Board will hold a Special Town Board Meeting on Thursday October 20, 2011 at 6:00 pm. The Purpose of this meeting is strictly for a presentation by the CWC (Catskill Watershed Corporation) on options for the sewerage in the Hamlet of Phoenicia. This meeting will be held at the Town Hall, 7209 Route 28, Shandaken, New York.

Dated: October 13, 2011 BY ORDER OF THE TOWN BOARD

Laurilyn J. Frasier, RMC/MMC

Supervisor Stanley stated that we all know why we are here tonight, Lamont Engineers and CWC will give us a presentation on the best possible sewer system for the amount of the block grant that is left.

Supervisor the introduced Alan Rosa, president of the CWC (Catskill Watershed Corporation)

Opening Statement – Alan Rosa

We were here about a year ago and at that time there was a lot of misinformation about the sewer system I told you at that time we would do our best to try to come up with an option within the block grant that was remaining, to date 1.3 million dollars has been spent out of the original grant that was 17 million 200 thousand. So, we are already one million dollars in the whole to try to come up with an option that could be suitable for the hamlet of Phoenicia. The other thing that I promised at that meeting is that I would not recommend a wastewater facility if it did not include laterals. So this option does include laterals. This is how we operate and this is how we have done all of our projects is that the laterals have to be inclusive. This is not a perfect scenario, we feel that we have done our best and it does give you some options, at the end of the presentation we will be making some recommendations. Those recommendations may not be likeable to some of the regulators, the options that we are going to suggest are this boards’ decision it is not a decision by a regulator. Julie will get into detail on this, but we are going to ask the board that they revisit the sewer use law. CWC has two things that we are trying to manage here, we are trying to give you an option for a waste water treatment facility and we are also very concerned about the businesses in the hamlet of Phoenicia. If you cannot build a system that is affordable to the businesses, I don’t believe that is a win. To be a hamlet you have to have businesses and people, they have to go hand in hand. When we get into the presentation we are going to ask that you give a variance to a business that has a suitable treatment system and you do not ask for additional hookup fees in the future. This way you give them an option to fix their system or hookup to the town’s if their system fails.

Introduction of Lamont and Team Members – Nate Hendricks of CWC

As Alan has stated we have been working quite diligently over the past year very closely with Lamont Engineers analyzing all of the potential options that could provide a wastewater treatment solutions for the Hamlet, decentralized and centralized knowing that with our contract we can only recommend a project that will fit into the remaining 15.8 million dollars. I have been busy coordinating meetings with CWC, Lamont and the Town with Supervisor Stanley and Councilman Bernstein and also meetings with NYC DEP (New York City Department of Environmental Protection). As we have progressed with the design review phase, we have tried to keep the town informed of our decisions and finalizing our decision tonight and with DEP so that they also know. We will make one recommendation tonight, but there will be a lot of material and options that the Town Board will have to review before they make their final

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decision and move forward. He then acknowledges Henry Lamont who is the Engineer in Charge and the main principal with Lamont and the bulk of the presentation tonight will be done by Julie Barown who is a Professional Engineer and is this project engineer. We do ask that you wait to ask questions until after the presentation.

Julie Barown, PE – Project Engineer

First I would like to review all of the previously reported information from October 4, 2010, March 7, 2011, May 2, 2011 and July 11, 2011. We reviewed the original sewer proposed sewer district which was comprised of properties with significant limitations to construction and maintaining functional on-site septic systems. Due to lot size, soil types, steep slopes and proximity to water bodies, only 51 of the 345 total properties (15%) could maintain an individual on-site septic system with required 100% leach field reserve area available. Therefore a septic maintenance district is not recommended, and a community system must be pursued. We looked at multiple different options before even getting to where we are today. We looked at the septic maintenance district which was eliminated based on the percentage I just gave you. Which is where the lots would have their own onsite system, we felt that was not a good fit for the Hamlet of Phoenicia, we also looked at a Community wastewater facility, where it would be similar to the system on your property but it would be for either the whole community or segments of the community, we also looked at different sub surface systems and we did not find any sites in or near Phoenicia that would be capable of taking the flow from Phoenicia. We came up with a flow estimate for the original proposed sewer district. That flow estimate was based on NYS DEC sewage estimating standards as it has been done in all of the communities.

Then we looked at different wastewater treatment types for that original proposed sewer district.

We looked at rebidding out the existing design that was done by Delaware Engineering, completed in 2006 and put out to bid in 2006, that was a Sequencing Batch Reactor (option #1), we also looked at a Membrane Bio Reactor (option #2) then we looked at a couple of packages, SetiTech and Orenco (options #3) and also pumping to Pine Hill (option #6). As we said prior none of these options come to within the $15.8 million remaining block grant. Option #2 the MBR was $24.6 million. Then we had to consider reducing the size of the project, so we looked at reducing the plant size and reducing the service area, and those are options #6, 7 &8, MBR, SeptiTech and Orenco again. We were able to get the MBR (Option #6) within the $15.8 million. Then we had some feedback from the Town Board saying that they felt that a project reducing the size of the plant size would not be a good idea, because if they ever wanted to extend the size of the collection area the plant would not be big enough. Then we decided to look at building the plant for 162,000 gallons per day and then installing a collection system just large enough to fill out the $15.8 million. Now, with discussions with the Town and DEP we came to an agreement that based on water records, the 162,000 gallons per day is calculated based on DEC sewer estimating standards and we know through experience that these estimates are typically high, we then looked at the treatment records and the water report just completed by MRB Group, the treated water is only about 100,000 gallons per day for the Phoenicia Water District which mirrors the original proposed sewer district. We took the 100,000 per day we

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added 20% for infiltration and inflow, which is normal for collection systems added the 10% growth factor and we came up with $130,000 gallons per day as in option #11. We think that it is a very comfortable number and what is not used to build the treatment plant will be used to install the collection system.

Julie then explained

Option 11 Cost Summary

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Option 11 Service Map, Anything in green is what would be installed now and the outer area is where the build out would be if you have money left in the block grant.

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Recommendation Summary

We are recommending Option #11 the MBR Waste water treatment Plant at 130,000 gallons per day with a reduced collection system with approximately 127 lateral connections which could be more than that if you have money left in the block grant. We are also recommending that the Town revisit their Sewer Use Law to wave connection fees for any resident or commercial who feel that they cannot or do not want hook up at this time because they have a functional septic system. But, if their system fails they have the sewer to fall back on. We also recommend that the sewer district be formed by mandatory referendum which would be putting it out to a vote.

Then after the district is formed, completing the design, obtaining permits, remaining easements, property acquisition, updating SEQRA and then putting the project out for bid.

Julie then explained the Flow Schismatic

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Questions

Councilman Malloy wanted to know how the sewer plant and pipes would be affected by the flood.

Julie said that the plant location is down passed the Phoenicia Diner and my understanding from Supervisor Stanley is that the site did not flood in the last two floods which have been the worst.

There will be high flows during a flood, the pump stations and manholes will have flood tight covers on them, but flood waters will infiltrate from residents homes, and then the plant may have to bypass treatment. Some pipes may break if the ground is eroded away and manholes may plug up, in that case they would have to be flushed out.

Councilman Malloy asked about Windam during the flood.

CWC President Alan Rosa said that they were not familiar with Windam but Prattsville was the most devastated Hamlet and the sewer plant was the only thing that was working, it did not flood. Lamont can speak for that because they built that plant.

Henry Lamont added that the treatment plant was built above the 100 year flood plain and apparently that was enough since this was the worse flood ever in that area. We had an operator there that was managing things, he restricted the flow into the plant, and as you know houses were picked up and destroyed by the flood which would leave an open lateral, the system took on a great amount of water. The entire system has been inspected now. During the flood there was erosion and a pump station was washed away and many laterals were damaged. They had more damage to their potable water system, because that does not have to be buried so deep. When there is a disaster as such, it is reported to the DEC and DEP right away and fines are not levied. Fines are levied towards a repeated offender. Prattsville are applying to FEMA for reconstruction of the parts that were damaged due to the flood.

Julie read a memo from DEP with regards to the plant issues from the storm Irene. 12 plants were damaged, two were owned by NYC, there was damage to the collection system, main trunk lines. The other 10 were on hydraulic overload and went on bypass. The flood happened on August 28^th , on August 31^st all of the plants except three were back on line processing sewage as per their SPEDIES permit and as of September 4^th which was one week after, all of the plants were back on line processing as per their SPEDIES permits. DEP was extremely pleased with the response from the communities.

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Councilman Jordan asked about the start up fees for the Residential and Commercial, is that based on every one participating?

Julie – yes

Councilman Jordan then will the cost would be higher for the ones that will be participating.

Julie – no – the DEP subsidizes 91% and the remaining is the responsibility of the Town, the residents pay $100 per unit and the rest is bore by the commercials, my feeling is that if the commercials opt out the DEP will pick up more of the cost for the residents.

Nate Hendricks added that regarding the MBR technology the DEP amended their rules and regulations in June 2010. The MBR is efficient treatment as a standalone in the watershed. Prior to that the MBRt had to be followed by sand filtration and micro filtration, now that is not necessary. This is why we found it to be the most cost effective in this case.

Flow and Fees were discussed between Lamont and the Town Board

Councilman Bernstein asked if the residents and commercials that were not in the immediate service area could do if their septic fails and the sewer district cut them out.

Mr. Rosa said that they would be able to apply to the septic replace or repair program, they would not be left in limbo. Also if it is less expensive to hook them to the sewer system then to build a septic, we will if the town will allow us to, hook them to the sewer.

Kathy Nolan – thanked them for the option for the commercials to opt out. What happens if there are cost overruns?

Mr. Rosa answered we have told Lamont to go with the worst case scenario, so we know that we can build this project for 15.8 Million we are confident of that. We have a 15% contingency.

Discussion with the public, CWC and Lamont on the Recommendation Summary, the discussion continued to cost paid by the town ($39,000) per year and why the City won’t pay for the entire plant operation, the answer is “because they don’t have too”. The discussion continued on with the affects of the flood and the portal on Phoenicia, and we are a prime candidate for the City to pay the entire cost. Supervisor Stanley added that the Portal (the tunnel system built by the City in the 1920’s to take water from the Gilboa Reservoir to the Ashokan Reservoir) is shut down during heavy rains. “If it were open, they would have to pay dearly and it would not be heaven.”

There were many questions regarding the flood in Prattsville, and other towns where severe flooding was an issue and how the sewer plants survived. Were the residents able to flush?

The answers remain the same, the plant was put on bypass and yes there was some contamination, but that is because the laterals were washed away and houses were washed off their foundations, the plant was back on line within 24 hours. The houses that were not washed off their foundations could flush.

There were other questions about cost for the businesses and the residents, the residents will pay $100 per year and the businesses will pick up the balance as it is stated in the chart.

There were questions on the referendum and will the people be able to decide or not. The answer is that yes, there will be a referendum and everyone will be notified with all of the information.

There was more discussion on the amount the City pays and the amount the Town or District will have to pay. Lamont and CWC stated that this is the law it is not in a contract, the city will just have to review the budget to determine the 91% of the cost. The CWC also stated that if the Town turns this down, the city will not care, they have control over the watershed with their land acquisition program and their reservoir systems. It was the Ulster County Health Department that suggested that Phoenicia be a candidate for a sewer.

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Supervisor thanked everyone for being civil with each other, thanked Lamont and CWC for coming and explaining everything.

Motion by Supervisor Stanley to adjourn this special town board meeting, seconded by Councilman Bartlett, all in favor, motion carried.

OCTOBER 18, 2011 SPECIAL TOWN BOARD MEETING (CWC & CELL TOWER CONTRACTS)

shandaken_admin — Wed, 07 Dec 2011 16:29:16 +0000

SPECIAL TOWN BOARD MEETING

October 18, 2011

3:00 PM

The Town Board met this date as per the following notice published in the official Town Newspaper with the following members present: Supervisor Stanley, Councilman Bartlett, Bernstein, Jordan and Malloy. Others present, Building Inspector/Zoning Officer Richard Stokes, FEMA secretary Amie Goodrich, and residents Kathy Jordan, John and Jane Rossitz.

Pledge of Allegiance to our Flag

Roll Call

NOTICE OF SPECIAL TOWN BOARD MEETING

PLEASE TAKE NOTICE that the Town of Shandaken Town Board will hold a Special Town Board Meeting on Tuesday October 18, 2011 at 3:00 pm. The Purpose of this meeting is to discuss and execute two contracts one for work to be done on the cell tower and one for with the CWC for distribution of flood funds. This meeting will be held at the Town Hall, 7209 Route 28, Shandaken, New York.

Dated: October 13, 2011 BY ORDER OF THE TOWN BOARD

Laurilyn J. Frasier, RMC/MMC

Motion by Supervisor Stanley to authorize the Supervisor to sign an easement for Verizon of New York, Inc., to allow access to the Tower Site on Town property, seconded by Councilman Jordan, all in favor, motion carried.

CATSKILL WATERSHED CORPORATION FLOOD RELIEF PROGRAM AUTHORIZATION

RESOLUTION #134 OFFERED BY Supervisor Stanley

WHEREAS, the Town of Shandaken sustained severe damage from flooding caused by Tropical

Storm Irene beginning on August 28, 2011; and

WHEREAS, residents in Shandaken may be eligible for grants for repair/replacement of

damages to residences through the Federal emergency Management Agency, among others; and

WHEREAS, no governmental grants exist to assist businesses in the Town of Shandaken to

repair structural damage; and

WHEREAS, the Catskill Watershed Corporation board of directors held a special emergency board meeting on September 13, 2011 and established the Catskill Watershed Corporation Flood Recovery Grant Program to provide grants through and in cooperation with watershed towns up to for-profit businesses for repair of structural damage due to Tropical Storms Irene and Lee; and

WHEREAS, under the CWC Flood Recovery Grant Program individual watershed towns must designate businesses for inclusion in the Catskill Watershed Corporation Flood Relief Program; and

WHEREAS, the town of Shandaken desires to participate in the Catskill Watershed

Corporation Flood Relief Program.

NOW THEREFORE, the town of Shandaken by and through its Town Board authorizes the Town Supervisor to participate in the Catskill Watershed Corporation Flood Relief Program and execute an agreement with the Catskill Watershed Corporation for a total amount not to exceed Three Hundred Thirty-One Thousand Dollars ($331,000).

NOW THEREFORE BE IT FURTHER RESOLVED, that the town of Shandaken desires

that businesses listed in Attachment A at the amounts therein be included in the Catskill

Watershed Corporation Flood Relief Program.

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AND MOVES ITS ADOPTION

Seconded By : Councilman Malloy

ROLL CALL 4 Ayes 1 Recusal (Councilman Bernstein because his wife is on Schedule A)

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The Town board went over the entire list, after all of the paperwork is in they will have to have a Special Town Board Meeting and go into and Executive session to determine who could be eligible for the grants.

All Paperwork for these grants has to be in on October 31, 2011.

Dumpsters will be out until October 28, 2011, then, they will be picked up and gone.

Motion by Councilman Jordan to adjourn, seconded by Councilman Malloy, all in favor, motion carried.