AUGUST 11, 2011



August 11, 2011

7:00 pm

The Town Board met this date as per Resolution #2 with the following members present:  Supervisor Stanley, Councilman Bartlett, Bernstein and Jordan, Councilman Malloy was absent.


Supervisor Called meeting to order


Pledge of Allegiance to our Flag

Roll Call

Motion by Councilman Bartlett to approve the minutes from the July 11th Regular Town Board meeting, seconded by Councilman Jordan, all in favor, motion carried.


Supervisor’s Report – July


Month OF 8/11

SAFARI: Tonight we have a resolution asking for qualified consultants to assist the Town in developing a long-term Flood Mitigation Plan. Included in the request are several Town Board meetings where the hired firm will be required to update the Town periodically in order to receive their next payments. This will allow us input and insight into the plan as it is being developed over the next year. The completed plan is due by June 30, 2012 and should help the Town in lowering flood insurance rates for town residents. This consultant is to be paid through a grant awarded us from the Ashokan Watershed Stream Management Program.

Town Septic: We have a resolution tonight to advertise for the electrical portion of the work necessary to complete the Town Hall Septic. If you are interested in placing a bid please contact either myself or Eric at our offices where we can provide you with specification sheets outlining the work to be done. This will be awarded at our next regular board meeting scheduled for September 12th, 2011.

Phoenicia Sewer: Vin and I were due to meet with Paul Rush, Deputy Commissioner  (DEP), Alan Rosa and Mike Hein’s representative last week, but due to a sudden conflict that arose in Mr. Rush’s office we had to postpone that meeting until mid-August. Also, CWC is not attending tonight’s meeting, as they said it has only been three weeks since the last meeting and they are still awaiting some information from a sub contractor concerning wetlands. They don’t anticipate having that information until later this month. They would like to set up a special meeting in September, when they will be giving their final report and recommendation to the Town. They felt, and I agreed, that the amount of information and the recommendation, itself, warrants a special meeting as we will likely get into some rather lengthy dialogue on the matter. We will tentatively schedule it for some time around the week of September 19th or so.




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Regular Town Board Meeting

August 1, 2011


Pine Hill Sewer: We were hoping to have the final draft of the Sewer Use Law for Pine Hill available for distribution at tonight’s meeting. Kevin Young, our attorney on this matter, has asked for a few more days while he works out some minor changes that have yet to be agreed to by DEP. We are hoping to have this available to the public for next month’s meeting, with a public hearing on the issue following it’s release.

Maintenance: Bob Gasperini severely injured his finger two weeks ago and we are awaiting word for him to be able to come back to work. Tonight we will be hiring Linda Bloodgood as interim Maintenance worker. She has been good enough to assist us during this emergency and recognizing the fact that we don’t know when Bob is due to return, we still need a cleaning person for the Town Parks and Buildings.

Ambulance: The Town Ambulance Department needs to replace a Cardiac Monitor. Rich Muellerleile has looked into the costs associated with replacing this equipment. A new monitor would cost us near $25,000 and a refurbished one starts at $12,000. We have been offered a monitor from Valatie Rescue who is replacing theirs. They are asking $6,000. Our staff has gone and inspected the apparatus and have approved. The Ambulance Department will be using monies from their donation account and monies previously allocated for ambulance equipment to cover $3,700 of the total cost and are requesting the Town pay the balance of $2,300 from the Good Neighbor Fund. This small expense will save us having to budget for the purchase of a new monitor at this time, which we anticipated would have added thousands of dollars to the budget over the next few years.

Events: This month we have two wonderful events taking place in the Hamlet of Phoenicia. First is the newly renamed Phoenicia INTERNATIONAL Festival of The Voice. There are some folks here tonight that can tell you more of the details, but I can tell you it starts this Thursday, August 4 at 7:30pm with a performance by Roz Morehead, there are several events throughout the weekend including a live performance of Don Giovanni and finishing up on Sunday @ 4pm with a Choral performance of Vivaldi’s Gloria. Events are scheduled in the Parish Field Park and other locations throughout Phoenicia. For more information and scheduling please visit or the Town website ( where you can find the link.

Also, the Eighth Annual Shandaken Day takes place on Saturday, August 27th in Parish Field Park in Phoenicia. The event opens at 10am on Saturday with an Opening Ceremony. We have a variety of music lined up with our usual kids games and the 3rd annual Shandaken Cup Tug-o-War between our emergency services departments. This year we are honoring Lowell Smith of Pine Hill, Charles Berryann of Mt. Tremper, Margaret Nolte of Phoenicia and posthumously will be recognizing Augustus “Mickey” Simpson of Woodland Valley and Neil Grant of Chichester. Our next meeting is slated for 7pm in the Ice Cream Station in Phoenicia this Wednesday, August 3rd. We are looking for stories and history involving the Hamlets of Chichester, Phoenicia and Woodland Valley for the Freeman insert due out Aug. 19th. If you are interested in a T-shirt, vendor spot or advertising rates for the insert, please visit the Town Website and click on the Shandaken Day Tab under Recreation or call the Town Clerk, Lauri Frasier’s office at 688-5004. Ads and stories for the insert are due by August 9th.

Sincerest Condolences to Councilman Bernstein and Family for the passing of his father.


Festival of the Voice

Marie Todaro – as we speak, 25 guys are building the stage in the Parish Field, things are really coming together, they are putting up banners at all of the venues, the churches, rail road station, parish field, all of the venues will have a banner with the program on it.   We have had several rehearsals and another one this evening, things are really coming together, it is so great.  We also have 119 volunteers from this community.  This is so grand, people giving of their time.   We hope to have 7,000 people in town, going to the shops and eating in our restaurants.     The other night we were putting programs together and needed some energy and we listened to Morris Robinson very up lifting, you need a lift go on you tube and listen to him.  He is one of our opening performers.  We also have the Ambassador to New Zealand for the United Nations coming to give a Thank you to us or Phoenicia, because when they had the earth quake we went to the city, the Phoenicia Voice Festival and raised enough money to send there.


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Regular Town Board Meeting

August 1, 2011


Louis Otey – We have wonderful performers Coming, please come and bring your friends.


Ambulance Report  – July – Rich Muellerleile

Museum – Councilman Jordan

The Museum board met on July 15, it certainly was a beneficial meeting/ the official reopening of the museum will be on October 8th, it is open now, it reopened on August 5th.  They bought some of the manikins that they were requesting ,  to display some of the old clothing that has been donated. (wedding dress from late 1800’s)   We had an estimate on a security system,  we need to get a few more estimates before we can make a decision on that.  It will be $700 to replace the doors and We are going to move forward with that, also some of the repairs Bob Kalb and Richard Bennett have already started.   In going over the books, we found that there has been over 125 people that have donated artifacts to the museum and the plan is to have a commemorative plaque to list all of the donators .    They are continuing to work on a gift shop where they will sell some of the things that relate to the museum and they will be at Shandaken Day with the same.  The celebration on October 8th will be quite large with some important people in attendance.


Police Report – July – Officer in Charge James McGrath

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Regular Town Board Meeting

August 1, 2011

Phoenicia Water – Alfred Peavy

The next meeting will be on the 16th which is a Tuesday in the temporary library and we are working on where the missing water is going, we are apparently loosing 60% of the water that we pump.  We have a meeting with Rich Winters from Rural Water on Wednesday to try and work that out.

Recreation – Heather

We are continuing to look for improvements in the parks and gathering estimates for that.  The summer recreation program is moving along thanks to Jessica and Rayla.  We are continuing to work on a comprehensive plan and will be holding some public forums in the near future to get some input from the public of what they would like to see in the parks.   Our next meeting is going to be on the 15th at 6:30.

Motion by Supervisor Stanley to accept Chris Fischers resignation as the Parks and Recreation Boards  Chairman, seconded by Councilman Jordan, all in favor, motion carried.



RESOLUTION  #102                       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                                      $119,090.92

Highway Fund                                                $  19,516.61

Phoenicia Water District                     $   7,286.04

Phoenicia Lighting District                 $     801.86

Chichester Lighting District               $     122.20

Pine Hill Lighting District                  $     474.19

Pine Hill Water District                      $     495.71




Seconded By :  Councilman Jordan


ROLL CALL  4 Ayes 1 Absent





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Regular Town Board Meeting

August 1, 2011

RESOLUTION # 103                   OFFERED BY: Councilman Jordan


Requests for Qualifications for a Flood Mitigation Consultant

WHEREAS, following two devastating floods in the Hamlet of Phoenicia and other areas of the Town at the close of 2010, the Town of Shandaken formed the Shandaken Area Flood Assessment and Remediation (SAFARI) Group to help identify and find ways to resolve flooding issues throughout the Town,  and


WHEREAS, the SAFARI Group has asked the Town to hire a Flood Mitigation Consultant to assist it in its tasks, and


WHEREAS, the Town of Shandaken has applied for and received grant funding from the Ashokan Watershed Stream Management Program, for such activity, and


WHEREAS, the New York State Department of Environmental Conservation (NYS-DEC) has required that certain information be obtained by the Town in order for us to complete our work slated for the Stony Clove Creek, this year, and


WHEREAS, the Federal Emergency Management Agency (FEMA) is offering Community Rating System credits for these activities, that will help reduce flood insurance rates for Town residents


THEREFORE BE IT RESOLVED that the Town of Shandaken Town Board is putting out a Request for Qualifications (RFQ 1 – 2011) for a Flood Mitigation Consultant to assist the Town in developing a Flood Mitigation Plan for the Town of Shandaken with an estimation completion date of June 2012.




Seconded by:  Supervisor Stanley


ROLL CALL  4 Ayes 1 Absent


RESOLUTION #104                         OFFERED BY: Supervisor Stanley


WHEREAS, the Town of Shandaken is completing their septic system and


WHEREAS, the Highway Department is doing all of the earth work, and


WHEREAS, the electrical portion will have to be put out for bid,


THEREFORE be it resolved that the Town Clerk receive bids for the electrical portion of the septic, by 3:00 pm on September 12, 2011, to be opened and read aloud at the regular Town Board meeting at 7:00 pm.


BE IT further resolved that specs are available at the Supervisor’s Office at 845-688-7165 or the Highway Department at 845-688-9901.




Seconded by:  Councilman Bartlett


ROLL CALL  4 Ayes 1 Absent


RESOLUTION #105                         OFFERED BY: Councilman Bartlett


WHEREAS, pursuant to section 20 of the Town Law it is the duty of the Town Board to appoint employees of the Town and


THEREFORE that Linda Bloodgood be hired as Interim Municipal Worker,




Seconded by:  Councilmen Jordan & Bernstein


ROLL CALL  4 Ayes 1 Absent



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Regular Town Board Meeting

August 1, 2011



RESOLUTION #106                         OFFERED BY:  Councilman Bernstein


WHEREAS, it is necessary for the Town Board to hold a Special Town Board Meeting on August 29, 2011 at 3:00 pm to receive the RFQ’s for the Flood Mitigation Consultant,.


THEREFORE be it resolved that the Town Clerk advertise for this Special Town Board Meeting.




Seconded by:  Supervisor Stanley


ROLL CALL  4 Ayes 1 Absent


RESOLUTION #107                         OFFERED BY: Councilman Jordan




WHEREAS, Breizh Inc, LaDuchess Anne,1564 Wittenburg Road, Mt. Tremper  has applied for a liquor license renewal, and


WHEREAS, Breizh Inc., has requested that the Town waive the 30 day notification required by the New York State Liquor Authority in an effort to expedite the granting of a liquor license to Breizh Inc. and


NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Shandaken does hereby grant the request of the Breizh Inc., and does hereby waive the thirty (30) day Liquor License notice requirement to the Breizh Inc., LaDuchess Anne, 1564 Wittenburg Road, Mt. Tremper, New York.




Seconded by:  Councilman Bernstein


ROLL CALL 4 Ayes 1 Absent


RESOLUTION #108                         OFFERED BY: Supervisor Stanley


Purchase of Cardiac Monitor for Shandaken Ambulance Department


WHEREAS, the Town of Shandaken Ambulance is in need to replace a more than ten year old Cardiac Monitor unit, and


WHEREAS, the Administrator of the Ambulance and his staff have done a thorough investigation into the pricing for such units, and


WHEREAS, a new unit costs start at $22,000.00 and a refurbished unit costs start at $12,000.00 and would have had to have been an item budgeted for purchase over the next three to four years, and


WHEREAS, a used unit is being offered by Valatie Rescue Squad of Valatie, NY for the total price of $6,000.00, and


WHEREAS, Town of Shandaken Ambulance staff have inspected the unit and found it to be in superior condition, and


WHEREAS, the Town of Shandaken Ambulance Squad is looking to contribute $3,000.00 from their donation account and $700.00 from watershed monies previously allocated for ambulance equipment purchases


THEREFORE BE IT RESOLVED that the Town of Shandaken Town Board would like to use $2,300 of existing watershed monies to be allocated for the purchase of this replacement equipment that will alleviate increased costs to the taxpayers of the Town of Shandaken over the coming years while providing equipment necessary for the Shandaken Ambulance Squad to continue its exemplary service to the community

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Regular Town Board Meeting

August 1, 2011




Seconded by:  Councilmen Bartlett & Bernstein


ROLL CALL  4 Ayes 1 Absent


Public Discussion

Peter DiSclafani – The RFQ for the flood mitigation, does that have to be completed before the dredging begins?

Supervisor – No,  and we have a  60% design plan as of today so we are still on schedule to be in the stream by the end of August.  The DEC required that we put together a flood emergency response plan.  So Eric & I met with the DEC and since we will be dredging in the Stony Clove as part of the RFQ they have to put together an emergency response plan specifically for Phoenicia.


Peter DiSclafani – Hiring an interim municipal worker at no rate of pay?

Supervisor – she will be getting the same rate as Bob was.

Peter – is that also true with the new museum director?

Supervisor – yes.


Eric Hansen – Councilman Jordan, did you find out what happen to the books?

Councilman Jordan – this has not been resolved, we are unable to find out from the former director.


Peter DiSclafani – Any lawsuits pending?

Supervisor – there is always lawsuits, but nothing new.


Supervisor Stanley – I would like to adjourn the meeting in memory of Marton Ommundsen, Flossy Burke, Dorothy Cutrone, Henry “Hank” Bernstein, Samuel “Claude” Beck.


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