February 7, 2011 Regular Meeting



February 7, 2011


The Town Board met this date as per resolution #2 with the following members present:

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


Pledge of Allegiance to our flag


Roll Call – all present


Motion by Councilman Malloy to accept the minutes of the December 6, 2010 Regular Town Board Meeting, Seconded by Councilman Jordan, all in favor, motion carried


Supervisor’s Report – January




Town Board Topics & Activities

Budget: We have received a number of questions on the Town Taxes. Simply said, following the submission of our annual budget, the County Office of Social Services submits a bill for services rendered to Shandaken residents. The fee assessed is not available until December, after the County Budget has been approved. This year the cost for services was $38,000, where last year the fee was $12,000. These are costs beyond our control and all we can do is anticipate these costs better in the future. Although, the bill reads as 11.7% on the general line, out-of-pocket expense should be no higher than 7.1% outside of any adjustment on your assessment. Again, our spending only increased 1.9%, our revenue streams are low and until there is a dramatic shift in the economy, we don’t anticipate any major changes to this trend in the immediate future.

Flood: Eric Hoffmeister and I have been working diligently to try and resolve the issue of extracting gravel from the Stony Clove stream. After having endured several requests from the DEC to “elaborate” upon our argument, we have submitted what we believe is our last attempt at the proposal. We all anticipate a “high water” event in the coming months and feel that this is our best course of action in the short-term.



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In the longer term, we have two resolutions tonight concerning the flooding issue. One is a memorializing Resolution supporting two stabilization projects slated for Chichester. One is on the Warner Creek along Silver Hollow Rd., and the other is On the Stony Clove immediately downstream of the Silver Hollow Bridge. Both of these areas are contributing to the amount of turbidity and debris in the stream all the way to Phoenicia. The second is approval for the Town of Shandaken to seek a grant to assist in efforts to design a flood hazard mitigation plan. Our immediate focus is on the Phoenicia area, but with designs to work on the rest of the Town in subsequent rounds. On January 25, members of 13 watershed organizations met to discuss options for this grant and how much these actions will cost. The Shandaken Area Flood Assessment and Remediation Initiative (SAFARI Group) was established and we hope to have more in the coming months from this group.


Police: The Town Police Department and the Town Board have agreed on a contract. The Shandaken Police will receive no raise this coming year and raises of 2% next year, and 3% in the last two years of the contract. Raises are not compounded; each year’s raise is based off of 2010 salary figures. There were several other concessions made by the officers including increasing the time needed to accrue family health care costs paid by the Town. Future Officer’s families will receive benefit coverage after a minimum of 20 years of service, not the 10 years previously offered. The new contract also increases the authority of the Town Board to replace an officer who leaves his position permanently. Previously the Board was held to maintaining the staffing levels, no matter what. We are looking to reduce the Department, at this time, but this does give us more options if our economy does not improve over the coming years.

Recreation: Tonight we are presenting a law to establish a new Parks and Recreation Board for the Town. In the past we have had ad-hoc committees that came and went as children aged and parents got involved in other activities with their children. This law is an attempt at establishing a concerted effort towards our recreational assets. The proposal is for a five member Board appointed by the Town Board to three year terms. Members will have rotating appointment dates. The Board will be made up of One Chair and Four “Park Managers.” The “Park Managers” each represent a specific park in Shandaken. Their primary responsibility will be to oversee the maintenance of their respective park, organize community support and make recommendations for improvements. The Board, as a whole will prioritize projects for the Town and make recommendations to the Town Board on any issues involving either our recreational holdings or our programs. The Parks & Recreation Board does not have authority over the budget, but may make recommendations for expenditures or efficiencies that could be provided. This law also establishes a formal response from the Town Board to recommendations made by the  Parks & Rec. Bd. We will post this law on-line and hold a public hearing on this prior to our March 7th meeting @ 6:30pm.

Planning: We have a resolution tonight to appoint Joanne Kalb as alternate to the Ulster County Planning Board. Barbara Redfield, who was our alternate, has been recovering from an injury and will not be able to attend any sessions in the near future. We’d like to wish Barabara a speedy recovery.

Records: After some deliberations, the Town is appointing Laurie to the position of Records Officer at the previously approved rate.

Ethics: Following complaints last year of the possibility of a conflict of interest on the Ethics Board. The Town is replacing Ginger Byron with Officer Glenn Buchinger on the Ethics Board. Under our current law it is a three member board, but one member must be an employee of the Town. This is the easiest way to resolve this issue with out amending or restructuring the law.

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Ambulance: It has come the time to replace an ambulance this year we will have to put out for bid to get prices. The question is costs of purchase vs. lease. We can not decipher those costs until we know the cost of the vehicle. Rich Muellerliele from the Ambulance Department has been looking at vehicles and will provide us with spec sheets and prices once we receive the bids.

Coolist Town

I would like to commend Max Resnick for the effort that she has put forth for the vote for Phoenicia being the most coolist small town.  I checked at 6:30 and we were in 7th place with 13,078 votes, you can vote every 5 hours and this Friday is the deadline.


New Newspaper

We have a new paper to the area, the Tri Valley Townsmen out of Grahamsville, they came to the Town and asked for our support, it is another outlet to get the news out and so we welcome them to the area.   They cover from Neversink to Olive and here, they have asked that I put a Supervisor’s report in every week, so I will be doing updates also Michael Kagan from Mama’s Boy and Cindy Johansen from the Phoenicia Rotary will be writing articles.


Councilman Bartlett added that the Woodstock Times will do our public Notices for free.


Flood Alerts, I am meeting with Art Snyder this week or next to discuss how to alert people in the event of flooding and we heard that the school has a calling system to call people when school is delayed or closed.   Art Snyder knows more about this from the Emergency Management and this may be a way that we can alert people at any time of day or night.


Committee Reports

Ambulance Report- January – Councilman Malloy







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Regular Town Board Meeting

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Pine Hill Water – Councilman Bartlett

The next meeting will be Thursday February 17th, 6:30 pm at the Pine Hill Community Center.


Phoenicia Water – Councilman Bernstein

The next meeting will be Wednesday February 16th, 6:30 at the Phoenicia Library.


Police Report – Councilman Bernstein






Museum – Councilman Jordan

Some Repairs and Secure issues have been taken care of and today it was brought to my attention that there are some security issues with the facebook  account, someone with the pass words to the facebook account have been putting some less then positive things on the account  and will have to be addressed in the near future.     Rich Bennett and Nancy Smith have been working with Jill Fisher, they are looking in to making Pine Hill a Historic District.

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Regular Town Board Meeting

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Cell Service – Councilman Jordan

Morra’s Market got a letter the other day from Verizion saying that they are taking the pay phone out because of increased cell service in the area.  Maybe they know something that we don’t know.   They will leave it in there but they will be charged $75 per month.

Bob Kalb added that a person in Town was having problems with his sleep apathy and they were having problems with the machine and the person that they called in Texas said, I don’t know what could be the problem they always work where there is cell service.  We have problems if these machines and others are controlled by the cell service.


Recreation – Supervisor

We have the Park and Recreation Board law, we would like people to take a look at and make comments on.


Catskill Mt. Scenic Byway – Councilman Bartlett

The Catskill Mt. Scenic Byway is having a logo contest for the Catskill Mt. Scenic Byway from Hurley to Andes, this is something that will be on all the official signs, the material is out there and it is due very shortly and you can contact Peter Manning at the Catskill Center if you need more information.


Michael Courtney with the Ashokan Stream Management Program, Cornell Cooperative Extension of Ulster County

I would like to invite you to the Ashokan Watershed Conference on April 9th at the Emerson and snow date is the following Saturday April 16th.  This years theme is Resiliency for the homeowner, businesses and towns after the flood ——————————




Comments on Resolutions


Corey Ransom from Ulster County Soil & Water  and I work with Michael on the Ashokan Stream Management Program  we are going after some of the turbidity in the Chichester area and in Warner Creek.   We are very concerned with turbidity and are going after the ones that are under our umbrella.  I am here tonight to address some of the concerns on the two supporting resolutions.





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Discussion on the Flooding in the Phoenicia Area and Turbidity from Chichester into the Esopus and coming out of the portal into the Esopus.    Everyone has an idea of what to do but the DEC is the one that has to issue the permit and the Supervisor says that they are very critical of how the application is filled out.   They are still working on it.


Rose Dorn would like to know if a listing of where the bills are paid out to could be on the website or available at the meetings.

Supervisor said he would put them on the website.


Marge Lloyd  stated that Mike Hein  had a plan for the flooding in Phoenicia, why can’t you use his plan to force the DEC.

Supervisor said that he talks to Mike Hein daily, I spoke to Bonacics’ office, Cahills’ office, Hincheys’ office and they are all fed up with the DEC right now.   The DEC does not want to hear because it is not an emergency situation so they will wait until public comment time to hear from us.


Kathy Nolan asked if the Recreation Committee was still meeting, because she came in January and there was not a meeting.  So if they are not meeting it should be taken off the calendar on the website.


Heather Roberts added that the Recreation Committee needs to be restructured and a Parks

and Recreation Board would be the way to go it is also a great way to build community with

more volunteers.   There is so much more to be offered it is not just for kids, there was an

exercise program for seniors and adult basket ball, adult walking programs.  There is a huge

amount of adult recreation programs as well


Peter DiSclafani asked what the difference would be between a committee and a board.

Supervisor stated that a Board would have a term and be appointed and they would meet

regularly like the Planning and Zoning Boards.


Discussion on Recreation Board, etc.


Rose Dorn had comments on the Records Management Officer and said that there isn’t a state





RESOLUTION  # 48                           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                                                    $ 59,751.06

Highway Fund                                                  $68,144.96

Phoenicia Water District                                $   3,586.02

Phoenicia Lighting District                             $   1,079.06

Chichester Lighting District                           $      145.81

Pine Hill Lighting District                                $      597.48

Pine Hill Water District                                  $  6,063.67




Seconded By :   Supervisor Stanley


ROLL CALL      5  Ayes




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RESOLUTION  #  49                          OFFERED BY  Councilman Jordan

Records Management Officer


WHEREAS, under §20 of the Town Law, the Town Board should designate all appointed officials and employees of the Town, and


WHEREAS,  pursuant to Town Law §30(1) the Town Clerk is legal custodian of all Town Records regardless of their origin, and


WHEREAS, pursuant to the Arts and Cultural Affairs Law, Article 57-A, §57.19 the Town Clerk serves as “Records Management Officer,”


THEREFORE BE IT RESOLVED that Laurilyn Frasier be and hereby is appointed Records Management Officer, and hold office at the pleasure of the Town Board, and receive an annual salary of $6,715.00 for the discharge of her duties.




Seconded By :   Councilman Stanley


ROLL CALL    3 Ayes 2 Nays (Bernstein & Malloy)


RESOLUTION  # 50                           OFFERED BY  Supervisor Stanley

Ethics Board

WHEREAS, under §20 of the Town Law, Article III §20-7 Establishment of a Board of Ethics,


THEREFORE BE IT RESOLVED that Richard Loveless, Helen Morelli and Glen Buchinger be appointed as the Ethics Board for the Town of Shandaken to serve at the pleasure of the Town Board and follow §20 of the Town Law and the Code of Ethics of the Town of Shandaken,



Seconded By :   Councilman Jordan




RESOLUTION  # 51                           OFFERED BY  Councilman Malloy

Resolution for Flood Mitigation Planning Grant Funding

WHEREAS, the Ashokan Watershed Stream Management Program, (Cornell

Cooperative Extension of Ulster County (CCEUC), Ulster County Soil & Water Conservation

District (UCSWCD), NYC Environmental Protection (DEP)) and the Town of Shandaken

(Town) recognize that the Stony Clove Creek, Esopus Creek and the Ashokan Reservoir are key

elements of the identity of the Region, and


WHEREAS, the Stony Clove Creek and Esopus Creek Stream Management Plans both

identified Flood Damage Mitigation in Shandaken as a priority recommendation and it is a

priority activity in the 2009-2012 Ashokan Watershed Stream Management Program’s Action



WHEREAS, CCEUC, UCSWCD, DEP and the Town desire to work cooperatively to

mitigate flood damage and risk to residents, protect natural resources and the interests of

the broader watershed stakeholders, now


THEREFORE, BE IT RESOLVED that the Town of Shandaken Town Board

authorizes the Town Supervisor to apply to the Ashokan Watershed Stream Management

Program Implementation Fund for a grant for flood mitigation planning assistance.


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Regular Town Board Meeting

February 7, 2011



Seconded By :   Councilman Bernstein



RESOLUTION  # 52                           OFFERED BY  Councilman Bartlett

Resolution for Supporting Flood Remediation Projects

WHEREAS, the Ashokan Watershed Stream Management Program, (Cornell

Cooperative Extension of Ulster County (CCEUC), Ulster County Soil & Water Conservation

District (UCSWCD), NYC Environmental Protection (DEP)) and the Town of Shandaken

(Town) recognize that the Stony Clove Creek, Esopus Creek and the Ashokan Reservoir are key

elements of the identity of the Region, and


WHEREAS, the Stony Clove Creek and Esopus Creek Stream Management Plans both

identified Flood Damage Mitigation in Shandaken as a priority recommendation and it is a

priority activity in the 2009-2012 Ashokan Watershed Stream Management Program’s Action



WHEREAS, CCEUC, UCSWCD, DEP and the Town desire to work cooperatively to

mitigate flood damage and risk to residents, protect natural resources and the interests of

the broader watershed stakeholders, now


THEREFORE, BE IT RESOLVED that the Town of Shandaken Town Board supports

two stream projects slated for the Upper Stony Clove and Warner Creeks in Chichester and

request that work to rectify the situations be resolved as expeditiously as possible.



Seconded By :   Councilman Malloy




RESOLUTION  #53                            OFFERED BY  Councilman Bernstein

County Planning Board Alternate

WHEREAS, a vacancy has occurred for the position of Alternate to the Ulster County Planning Board and


WHEREAS, the Town of Shandaken has a need to fill this position


THEREFORE BE IT RESOLVED that Giovanna Kalb be and hereby is recommended as an alternate representative from the Town of Shandaken to the Ulster County Planning Department



Seconded By :  Councilman Jordan




RESOLUTION  # 54                           OFFERED BY  Councilman Jordan

Public Hearing for Parks & Rec. Board Law

WHEREAS, the Town of Shandaken, as a recreational destination recognizes the importance of recreation to its citizenry and economy and


WHEREAS, the maintenance and improvement of our recreational assets provide opportunities for the betterment of the general health of residents and visitors alike and


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WHEREAS, a continuing commitment to the Town’s Parks and Recreational Programs are beneficial to the area

THEREFORE BE IT RESOLVED that the Town Board of Shandaken would like to schedule a public hearing for 6:30pm on Monday, March 7, 2011(prior to the regular monthly meeting) to hear all comments for and against a proposed law establishing a Parks and Recreation Board,




Seconded By :   Supervisor Stanley




Public Comment

Bob Kalb suggested after the resolutions that the Town of Shandaken should be referred to as TOSSMC (Town of Shandaken Stream Management Committee).  Everyone has initials.


Peter DiSclafani – I guess I missed it, When did the Police Budget get passed, I mean contract?

Supervisor – January 20th, We had a meeting on the 13th and another on the 20th to finalize the contract.

Peter DiSclafani – Safetynet program has been in the news for the last couple of years and you get reports monthly, so it shouldn’t have been any shock and I am quite shocked about the 11.7% increase in the budget.

Supervisor – we get the bill at the end of the year this year was $38,000  the coverage and benefits have changed.

DiSclafani – you have to stay on top of it, the first year I was here it was $24,000 and the second $18,000, so this is quite an increase.


Kathy Nolan – On Friday January 18th at 1:30 at the Ashokan Center there is a Cornacopia presentation,

Cornacopia is three nonprofit groups of the area, the topic is Economic Benefits of Park Lands.  This is

located at the old Ashokan Field Campus in Olivebridge.  The three groups are the Catskill Center,

Catskill Mountain Keeper and the Catskill Heritage Alliance, it is open to the public.


Kathy Nolan – comments on the budget, all figures should be in before the hearing so that the figures do

not change.   Also the Ambulance report is given every month and we hear how much is received but we

never hear what the expenses are.   If you are going to report on something, do it accurately with

receipts and expenses.


Kathy Nolan – Comments on creation of boards, if the Recreation Committee is behind the creation of

the  Parks and Recreation Board, then it changes my perspective on it, but I am very disappointed in

what happened with the Museum Board, she is complaining about the process, she feels that the Town

Board should have done what the Museum Board wanted, not present appointments with out

considering the thoughts of the Museum Board.

Supervisor – you are just upset because Mary Herrmann did not get reappointed.

Kathy Nolan – loosing Mary is a great loss to this town, she went on to say that everyone that wants to

be on the Museum Board should be on it, it is a great economic engine for this town.   Also went on to

say thank you to Mary Herrmann for all of her ideas and work for the town.


Joanne Rowley – concerned about a Coyote running around town with a steel leg trap on and leaving a

bloody trail, she said that this is not a cool town, this is criminal.  There was a Sheriff up and down and

trying to take a shot at it but they couldn’t and tonight this animal is still out there

Councilman Bernstein – there are laws regulating the setting of traps and where they can be set.  A

Coyote in a leg trap could have come for miles or up on the side of Tremper or something.    Several

People in the audience asked why people were setting traps anyway and he said (Councilman Bernstein)

that it is a sporting activity,  people WHY we should pass a law so people can’t do that.    Councilman

Bernstein you can’t supersede State Law.


Marge Lloyd – I too am very surprised in the increase of 11% in the budget and I spoke to you on the

phone and you said it was Health Insurance.


Supervisor- yes, health insurance, benefits and retirement,  Marge , what insurance company do you use

and why don’t the employees contribute?  Supervisor they do on a percentage and last month we

changed the singles to contribute, where they had not been contributing.   Councilman Malloy is leading

a campaign to increase the contribution and to do away with health insurance for elected officials.  Right

now the family plan is 25% and the singles are 15% that they contribute.

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Councilman Malloy added that I don’t know why we have health insurance, we are only part time so I

thought that this would be a good place to start cutting the expenses.


Discussion on health care and cost.


Supervisor the out of pocket increase in the budget is only 7.1%


Rose Dorn – on the town website it says that there are emergency funds for people that were effected

in the flood.   Where does this money come from?     Supervisor, it says to check out SHARP, it is the

revolving loan fund.

Ms Dorn wife of the former Supervisor needed an explanation.    Supervisor then explained the SHARP

fund and where the money originally came from (grants).    The Town oversees them and SHARP

manages them, they are used for repairs or replacement of hot water heaters, furnaces, etc. damaged in

the flood.


Councilman Jordan – I know that we have plenty on our plate, but we really need to take a look at the

Farm Stand Law, we have several options, but before the next season starts, we really need to take a

good look at it.  We really need to come up with a decision, it has been way to long.


Motion by Supervisor Stanley to adjourn the meeting in memory of Gertrude Stroh, Father McPartland,

and Carol Krickhahn, motion seconded by Councilman Jordan, all in favor, motion carried.

Meeting adjourned at  8:09 PM