April 4, 2011

7:00 pm

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


Roll Call

Pledge of Allegiance to our Flag


Motion by Councilman Jordan to accept the minutes of the March 7, 2011Public Hearing on the creation of a Parks & Recreation Board, March 7, 2011 Regular Town Board Meeting,  and March     Special Town Board meeting  seconded by Councilman Malloy, all in favor, motion carried.


Supervisor Stanley – Supervisor’s Report

Supervisor Stanley

Library: As you are all aware by now, the Phoenicia Library Building suffered through a fire on the morning of March 19th. On March 21st the Town Board met and through resolution unanimously offered the Town building recently vacated by Maverick West. On March 26th the Phoenicia Library re-opened at the new location. As time progresses, programs and book lending capabilities will be restored check the library’s website at: phoenicia.lib.ny.us. We certainly wish them luck in their temporary location and in solving their issues with the building on Main St.

Sweet Sue’s: Sweet Sue’s was closed following another high-water event in Phoenicia. Sue has been looking into different options on how to proceed. We have been trying to find funding to assist her in re-opening as soon as possible. Understanding that Phoenicia is considering a municipal sewerage system we are looking into CWC for assistance in this matter.

SAFARI: No further word from the DEC on the progress of our application. The Town of Shandaken has been awarded two grants from the Ashokan Watershed Stream Management Program. The first is a $47,000 grant specifically to continue work started by Milone and MacBroom Engineering firm on the Stony Clove Creek. They were being paid by the DEP for this work, but funding has run-out and they were only paying to assist us in, what we all thought was an “emergency” application to the DEC. Subsequent work is to illustrate further issues with the Simpson Mini park and the DOT Bridge. We hope to have this report completed before the end of summer so we may be able to affect these changes prior to the fall.

The second grant is a $102,500 award to assist the Town in identifying high priority areas throughout the Town and help Gina Reilly (Flood Plain Administrator) in credits on the Community Rating System (CRS) that has a very good potential of lowering Flood Insurance Rates Town-wide. Both of these grants are being awarded with no physical monetary match from the Town only in-kind services rendered by Gina, Eric and myself.

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Ambulance: We have a resolution tonight accepting the bid(s) on a replacement Ambulance. We will also set up a meeting for mid-month to go over the bids and vote on how to progress.

Parks & Rec.: Tonight we are appointing the newly established Parks and Recreation Board. Their first meeting is scheduled for this Wednesday, April 6th @ 7pm.

Pine Hill Sewer: Kevin Young contacted my office that they are near finishing changes to the Sewer Use Law for Pine Hill. As soon as we receive it we will set up a meeting for Pine Hill residents to discuss the law. We anticipate that we’ll be heading for another public hearing on this issue over the next two months.

Storm Water & Septic: Eric and I met with Mike Reilly (RETTEW) on Tuesday. He has submitted final plans for the Town Hall Septic. We will have to complete this over the next few months. We are looking at A Pump Chamber and losing some of the parking lot in front of the recycling center for a leach field. The storm water design proposal for the Highway Garage is complete and ready to go as soon as we resolve the septic work. Also, Pine Hill Storm water conceptual design work is complete. Mike, Eric and I are setting up a meeting with Jen Schwartz-Berky from UC Planning and Peg Ellsworth (M-ARK) to begin looking at modifications and grant opportunities for the work to proceed some time over the next year or two, depending on what is requested, funding availability and approval processes.

Belleayre: Considering all the turmoil that has surrounded Belleayre at the onset Of the season, and discussions that have ensued during the season, Belleayre is about to close out another season. At this time Belleayre is gearing to close for the season this weekend, April 10th.  They are boasting near 170,000 skier visits for this year and still phenomenal conditions. DEC has made assurances that there is no immediate threat to Belleayre’s operations for the 2011-12 season…but things can change. Concerts are due to start July 4th Weekend.

Shandaken Day: Anyone interested in assisting with Shandaken Day celebration this year, we will have a preliminary hearing in conjunction with the Phoenicia Business Group. This year we are celebrating the hamlets of Chichester, Phoenicia and Woodland Valley. This meeting is slated for Monday, April 11 @ 6:30 pm in Mama’s Boy Market on Main St., Phoenicia.

Zoning: The Town Board has had some preliminary discussion on extending the Highway Business zone in Mt. Tremper to include properties along Rte. 28. We will be looking to move forward on this over the next two months. We would like to talk to the property owners in that area and compile data on the parcels being considered.

Boy Scouts: This Saturday, April 9th at the Parish Hall in Phoenicia (Main St.), Troop 60 will be hosting its annual Penny Social. The event helps the boys fund their “Super Adventures.” Doors open at 6pm and packs up fast. Along with the Penny Social, there is a baked goods auction from some of Shandaken’s finest bakers and apparently an opportunity to hit Supervisor Stanley in the face with a pie.


Councilman Bernstein

Wednesday April 27th is the Senior Prom at Al’s Restaurant, doors open at 4pm and dinner will be served at 4:30pm, this is a free event for Senior Citizens, for reservations; contact Cindy Johansen at 657-6445.


Sara Rudge and her team mate Natalie Rubin are 7th graders and participated in the Onteora Central School Science Fair last week they came in first place, their project entailed using incubators and hatching eggs at various temperatures and demonstrated why it is vitally important to use a 99.5 degree temperature during the hatching process.   Congratulations.


Kurt Boyer of Allaben, design logo for the Catskill Scenic Byway was chosen by the Catskill Collaborative Board from over 18 submissions.  This logo will be used on road signs and location signs from Kingston to Arkville.  Congratulations.



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Phoenicia resident, United States Airman Michael Ryan of the 106th National Guard Unit out of Stewart was promoted on Friday to the rank of Chief Master Sergeant.  This is one of the highest ranks in the Air National Guard, Congratulations.


I also asked Ms. Frasier to look in to donating some of the used medical equipment in the shed to the Veterans.   Mrs. Frasier, So far I have not had a positive response.


Councilman Malloy

I would like to thank Kayla Taylor and Anne McGillacudy for their help with the Shandaken Eagles Basket Ball team this year, it was a great success.   I also would like to thank the Coaches


I would like to thank the Phoenicia Rotary Codetary they won the whole show, Jack Weisman, Ken and Mona Jacobs and Amy Techard they did a great job and stole the show.


Councilman Bartlett

The Senior Lunch program will start tomorrow and every Tuesday and Thursday for reservations call Doris Murphy 688-2048.


Peg Ellsworth, Executive Director – M-ARK Project

Our organization is a sister organization to SHARP and RUPCO.  We operate just over the mountain in the Town of Middletown.  I am currently in process of a fully funded main street project in the Village of Fleischamnns and know that there has been some planning in the Hamlet of Pine Hill from the Ulster County Planning Board’s Main Street Tool Box, so I opened dialogue with Buffy from SHARP to see if she would mind if I hopped over the Mountain to see if I could solicit a Main Street Program for Pine Hill, she gave me her blessings.  Then I spoke to Kevin O’Connor of RUPCO, he also said that geographically it makes sense, potentially I see a future partnership for those two communities being at the base of Belleayre.  I have attended some of the Main Street Tool Box sessions and there is potential for the community, and I am here for your blessings to go forward with the application.  Supervisor we have a resolution in for tonight.   Ms. Ellsworth, the Main Street Program is a state funded program that is funded for the next couple of years by the Housing Trust Fund Corporation.  They will fund up to 75% of the rehabilitation of commercial or mixed use buildings.  However, I have found it more successful and more community buy in to run a 65/35 split of a 60/40 split.  I have done a 50/50 split, the way we will be funding Pine Hill is a 65/35 split, we will target a small area to start and should that be funded and gets underway, then we will start phase two.  I have found this to be the best way to administer this type of programs.


Supervisor Stanley – Tri Valley Townsmen is a newspaper that moved into our area a few months ago and they are looking for advertisers in this area and if they do not get the amount needed, and then they will discontinue their paper in this area.


Committee Reports

AMBULANCE – Rich Muellerleile

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POLICE – Councilman Bernstein



Waiting to hear from the Engineers, our next meeting will be April 20th at 6:30 pm in the new temporary library.


PINE HILL WATER – Councilman Bartlett

The next meeting will be on April 7th at 6:30 pm at the Pine Hill Community Center.


MUSEUM – Councilman Jordan

I would like to thank our Secretary Marylou Stapleton for keeping me up to date on the Museum, they are having a number of work sessions during the week, I have not been able to attend any of their official meetings because they are having them during the middle of the day and I am not available right now.  Catherine Greenberg is working on a display case for a vintage wedding dress that they have and she is also working on a Civil War Day, trying to coordinate people and artifacts.

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Nancy Smith is putting together a news letter and Marylou is putting together one of those sandwich board signs so when the museum is open they will put that out on Route 28 so people will know that it is open.  One note on the less positive side, the book that Mary Herrmann was nice enough to put together and award the profits to the museum, I understand that originally there were 88 copies and now there are only 10 in the museum, so the museum board would appreciate hearing where the others have gone.   We are hopeful to have an appointment for a new director by our May Town Board Meeting.


SHANDAKEN DAY – Supervisor Stanley

Our meeting will be in conjunction with the Phoenicia Business Group at Mama’s Boy on Monday April 11th at 6:30 pm.


PHOENICIA LIBRARY – Judith Singer, President of the Phoenicia Library Board.

I am here to report on the Phoenicia Library fire and recovery.  First I would like to thank everyone in the community, and the surrounding area for being absolutely wonderful.  We had six fire companies there and they kept the fire from spreading to the other buildings, they did a great job.  The Town Board leaped into action and got us into temporary quarters so that we were open and operating within a week of the fire, we have been overwhelmed with offers to help and donations, we deeply appreciate that, that is what has kept us going.  We are back in operation in temporary quarters, we are back to regular hours, Monday, Wednesday, Thursday and Friday 1 – 6pm, Tuesday 10am – 4pm, Saturday 10am – 3pm, it is not a full library yet, we are still taking baby steps but we will get there soon.

“Phoenicia Library is the heart of the community, and that heart was briefly broken,” she said, choking back tears.  “But, Hearts can be mended and we will do that.”

Now the facts, we have had a lot of questions about the cause of the fire, etc.  The fire began in the back of the building, due to an electrical problem inside the wall, this is a problem that could not have been spotted during an inspection.  We don’t have official word yet, but it could have been something as simple as a mouse chewing through some hundred year wiring.  It was definitely not arson.  The back third of the building on the side where the director’s office used to be and the children’s room below it is pretty much destroyed.  Throughout the rest of the building windows were broken, a hole was cut in the room, key parts of computers and other electronic equipment melted, probably the most significant damage was caused by smoke.  “Every book, every item is browned by smoke. It smells bad and it’s dangerous. It’s toxic for those with breathing issues or chemical sensitivities.”   Anyone that goes into the Library should be wearing a breath mask, a respirator or possibly a hasmat suit.  This is why we will be having professionals cleaning out the Library and not all of the friends that have volunteered.  Because of that smoke we believe that we will have to throw out every book and CD in the Library, that alone breaks a book lovers’ heart.  But, there is good news, we believe that the big book shelves down stairs built at the Chichester furniture factory can be cleaned by professionals and reused.  We also believe that the many artifacts from the Jerry Bartlett fishing parlor can be cleaned and restored and put back on display.

We did have insurance coverage, we were covered for the replacement costs of the building and the contents up to a certain amount, but as in a lot of cases, we co-insured for 20%.  That means that we will have to pay 20% and the insurance company will pay 80% of the cost. At the very least the library will have to raise $116,000 in order to re-open permanently, whether at its old location or at a new one.  If we improve or expand the library it will cost more.  We have already received thousands of dollars, and obviously we will need more.  We will be holding a series of musical events, yard sales, book sales, art auctions, silent auctions or what every else we or you can think of to raise more money.  We believe that we can also get a significant amount of grant money for the reconstruction as well.  We are confident that we will reach our goal.  The first benefit is a series of musical concerts on May 21st at the Onteora Central High School auditorium.  People have asked if we are going back to 48 Main Street, staying at the Maverick building or going elsewhere.  We don’t know, it depends on how much we are going to get from the insurance company, how much the reconstruction will cost and weather we use this opportunity to expand,  and if so by how much, and other factors.  But, rest assured whatever we do will be in the desires of the community, it is your library, we will keep it that way.

Councilman Malloy asked if they were accepting donations of computers.   Ms. Singer said that their director has received several and they want to keep them as new as two years so that they can run all of the technical graphics.    Councilman Malloy also added that there is also the Bill Gates Fund, and Ms Singer replied that they received computers from the Bill gates fund many years ago and most of the librarians would rather pay for their computers then do the paperwork.



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Mr. Kruger stated that the Bill Gates fund is still giving out computers, but they might also want to try Text Soup.com for computers, etc.

Councilman Jordan said he had a newer computer that he and his wife could donate and wanted to know if the Onteora School had contacted the Library about equipment that is in storage that could be donated to the Library.

Susan Bernstein – I would like to say thank you to the Phoenicia Fish and Game for donating their building to us for our book sale, which was set up prior to the fire.  The donation of books, the response of people coming out for the library and the offers of help, this was just great.  This is a great community to live in; they turn something bad and turn it into something positive.

Ms. Singer added a part of her prepared writing that she did not read, “you know that I am a transplant here and it is events like these when the community comes together to help one another, that is the most important thing for me about living here in Shandaken and I love it.”


Mary Herrmann said that she just wanted to help Councilman Jordan with the Museum report, she said that she has about 20 books at her house, there are some at the community center, some were sold at the book signing and the museum was closed so I kept them at my house so that they could be sold.

Mike Ricciardella had comments on Resolution #64, he wanted to know what else needed to be done.  Supervisor responded by saying that they have to expand on the Simpson Mini Park.


Comments on Resolutions

Mike Ricciardella had comments on resolution  #64




RESOLUTION 63 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                                      $ 49,503.56

Highway Fund                                    $ 66,877.46

Phoenicia Water District                     $  4,740.26

Pine Hill Water District                      $  1,731.07

Phoenicia Lighting District                 $    991.84

Chichester Lighting District               $    138.42

Pine Hill Lighting District                  $    558.46




Seconded By :  Councilman Jordan


ROLL CALL    5 Ayes



RESOLUTION # 64 OFFERED BY:  Councilman Jordan


Resolution to Continue Stony Clove Engineering Services

WHEREAS in October and December of 2010 devastating floods took place throughout the Town of Shandaken and the Hamlet of Phoenicia that destroyed properties and hampered businesses, and

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WHEREAS following these events several involved agencies, including the Town of Shandaken, created a working group (SAFARI- Shandaken Area Flood Assessment and Remediation Initiative) to address both short-term and long-term solutions to flooding issues throughout the Town, and

WHEREAS the Stony Clove Creek in the vicinity of Main, St., Phoenicia was identified as needing immediate attention because of the severity of recent flooding and the importance of Phoenicia’s Main Street on the local economy, and

WHEREAS New York City Department of Environmental Protection (NYC-DEP) offered and paid for engineering services as required by New York State Department of Environmental Conservation (NYS-DEC) and

WHEREAS Milone and MacBroom Engineering Services of Cheshire, Connecticut were hired and assisted the Town in identifying and applying for work to remove a gravel bar in the Stony Clove Creek, and

WHEREAS DEP funding is depleted and SAFARI had identified that additional work is necessary to remediate flooding, the Town of Shandaken applied for and has been awarded a $47,000 grant through the Ashokan Wastershed Stream Management Program (AWSMP) to complete engineering work identifying and supporting further remediation measures that could be completed prior to the fall of 2011,

THEREFORE BE IT RESOLVED that the Town Board of the Town of Shandaken, through grant monies provided by the AWSMP, hire the engineering firm of Milone & MacBroom, 99 Realty Drive, Cheshire, Connecticut, to continue working on the engineering report for the Stony Clove Creek with utmost expediency, and that no monies be expended by the Town for these services only in-kind service match (time) from the Town Supervisor, Highway Superintendent and Flood Plain Administrator



Seconded by:  Councilman Bartlett


ROLL CALL     5 Ayes


RESOLUTION # 65 OFFERED BY:  Supervisor Stanley


Resolution Appointing Parks and Recreation Board Members

WHEREAS the Town of Shandaken has established a Parks and Recreation Board, and


WHEREAS under §20 of the Town Law, it is the duty of the Town Board to appoint all Boards and Commissions,


THEREFORE BE IT RESOLVED that the following personnel be appointed to the Town of Shandaken Parks and Recreation Board:

Alexandria Stanley – Glenbrook Park Manager, with term to expire on 12/31/13

Heather Roberts – Parish Field Park Manager, with term to expire on 12/31/13

Martie Gailes – Big Indian Park Manager, with term to expire on 12/31/12

James Krueger – Smith Park Manager, with term to expire on 12/31/12

Chris Fischer –Chairperson , with term to expire on 12/31/11




Seconded by:    Councilman Jordan & Malloy


ROLL CALL   5 Ayes





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WHEREAS, the Town Board advertised to receive bids for a New 4 Wheel Drive Ambulance, and


WHEREAS, bids were received by  3pm on this date to be opened and read aloud during the Regular Town Board Meeting at 7 pm,


THEREFORE BE IT RESOLVED  that these bids be received and opened and awarded at a later date.


Seconded by:   Supervisor Stanley





North Eastern Rescue Vehicles  ……………………………………………..$122,204.00

10 Dwight Park Drive

Syracuse, New York  13209


RESOLUTION # 67 OFFERED BY:   Councilman Bartlett


WHEREAS,  The Town Board will hold a Special Town Board Meeting on April 19, 2011

At 6:00 PM, at the Shandaken Town Hall,


THEREFORE be it resolved that a Special Town Board meeting be held to award the Ambulance Bid.




Seconded by:  Councilman Malloy




RESOLUTION # 68 OFFERED BY:   Councilman Bernstein


Resolution Supporting M-ARK Project work in Pine Hill

WHEREAS the Town of Shandaken and Ulster County Planning Department are currently working toward revitalization efforts in the Hamlet of Pine Hill, and


WHEREAS there are further efforts to apply for funding to assist landowners with improvements to their properties, and


WHEREAS the M-ARK project from Margaretville has offered to assist in grant applications for revitalization efforts to ideally coincide with work to be completed on Pine Hill’s Storm water Retro-fit project, once the Design Phase is completed,


THEREFORE BE IT RESOLVED that the Town Board of the Town of Shandaken authorizes and endorses the M-ARK Project of Margaretville to assist the hamlet of Pine Hill in its revitalization efforts.




Seconded by:  Supervisor Stanley


ROLL CALL    5 Ayes






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Mary Herrmann – This is personal, because you said you were going to take personal responsibility for painting the benches, telephone poles and bridge, for Shandaken Day and I told you at the time, that the paint would not stick because it is treated wood.  Now the paint is peeling so bad you can’t sit on the benches and it looks horrible.  Supervisor replied by saying that there was a lot to do in Pine Hill, telephone, electric, gutters, sidewalks, etc.

Lisa Harris – Watershed Post.com

The Watershed Post is a relative new news website, based out of Delaware County we have been covering news from around the Catskills for about a year now, and I am  here to night to announce that we are in the final stages of rolling out a web site for news just in Shandaken.   I know that you have been missing the Phoenicia Times of late.  I am here not only looking for advertisers, but a lot more than that, we are looking for news tips, volunteers, we are looking for people that do photography and videography.  We have been pretty active in posting the floods that you have been having and  we have been posting the hydrographs and citizen produced films in real time.  If this project succeeds and supports its self, we will be doing it for all of the small towns in the Catskills.    The site id www.watershedpost.com.


Supervisor Stanley

Watershed Conference April 9th at the Emerson


Councilman Jordan – Farm Stand Issue

I am sure everyone on the board has been receiving letters with regards to the Farm Stand Issue, I know I have.  I think that we really have to sit down as a board and make a plan to resolve this issue.


Mike Ricciardella asked if we were ever going to get cell service.

Councilman Jordan said that he did not speak to his contact this month, when he does contact him and he gets back to me, I will let you know.


Free network extender – call Verizon

Supervisor Stanley said that one of the Town officers received a free network extender just for calling and complaining about that having service.    So call Verizon and may be you will get one.


Councilman Bernstein

Concerning the Farm Stand,  and looking at the change of zoning and things like that, is there any way the Town Board can take a venue of directing the Planning Board to issue a variance for these two Farm Stands.  Farm Stands are something that should be in this Town, I don’t think that there is any one that will disagree with that.  Is there any way we can direct the Planning Board to issue a variance, have the Building Inspector go down there and measure these things out, maybe tomorrow, the Planning Board is meeting tomorrow, issue them a two year permit and then we can address this Farm Stand law instead of having a 10 x 10 make it 30 x 30 and make it agriculture products grown in Ulster County.


Supervisor Stanley, I would have to call Town Attorney Paul Kellar on that, but I don’t think we can direct the Planning Board to issue a permit.


Councilman Bernstein, well not a permit, get them to issue a variance that is what they do.


Supervisor, that is the Zoning Board


Councilman Bernstein, ZBA then, I have a problem changing a law to make something that is illegal, legal, I have a problem with that.  Down the road, when someone wants something that isn’t legal, they can say you did it in 2011.


Supervisor, I will call Attorney Paul Kellar tomorrow.


Kathy Nolan – when I served on the Planning Board applicants from that property came and requested a variance or to be granted some features for that Farm Stand, they were granted those features and were encouraged to go back to the Zoning Board and request the increases in size, because they have a small lot, it seems that it would be reasonable to grant a variance on, and as I understand it they never completed the process to request the variance from the Zoning Board.

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So it is not in the Town Boards prevue when the owner of the property has not reasonably sought the avenues that would be granted to them.   Secondly you asked the Planning Board for their thoughts on the Farm Stand issue and they gave you their opinion to put them in the higher intense uses and not residential areas.


Councilman Bernstein said that it was a matter of opinion,


Ms. Nolan said that they are operating without a permit and the Zoning Officer should put a stop to it, if something happens, the town will be liable.


Buffy Kibe – you have a service in the town that is needed, how is that a liability to the town, you need a resolution to this issue.


End of discussion, the Town Board will find a resolution to this situation.


Motion by Supervisor Stanley to adjourn in memory of Thomas Smith, Elson “Whitey” Oakley, Joan Geidel, June Eleanor Banner and Detective Sergeant Drue Lynch, seconded by Councilman Jordan, all in favor, motion carried.