SPECIAL TOWN BOARD MEETING
&
RE-ORGANIZATION MEETING FOR 2011
January 3, 2011
6:00 pm
The Town Board met this date as per resolution # with the following members present:
Supervisor Stanley, Councilman Bartlett, Bernstein, Jordan and Malloy.
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 a/k/a Re-organization Meeting on Monday, January 3, 2011, at 6:00 PM. The purpose of this meeting will be to re-organize for 2011 and make yearly appointments for the ensuing year. The Town of Shandaken Town Board holds their meetings at the Town Hall, 7209 Route 28, Shandaken, New York and is accessible to the disabled.
Dated: December 10, 2010 By Order of the Shandaken Town Board
Laurilyn J. Frasier, RMC/MMC
Supervisor’s December Report
Communications
Page 2
Re-organizational Meeting
January 3, 2011
Belleayre: January 1st has come and gone, and despite our best efforts thus far the State and DEC have followed through with the layoffs proposed. As much as our new governor has said he plans to keep the State-wide layoffs. We were all encouraged by the bi-partisan support shown for the Belleayre Staff, as well our region, from Congressman Hinchey, State Senator Bonacic, Assemblymen Cahill and Crouch. We hope they continue to fight for this area, as well as, support us in our efforts to find solutions to dispense with these periodic attacks on Belleayre.
Flood: As of Tuesday, December 28, 2010 the Town submitted an application for stream mediations on the Stony Clove Creek up stream of the Main Street Bridge to the DEC. Our permit was supported by an engineering study provided by Milone and MacBroom, the engineering firm hired by the Town, and paid by the NYC-DEP. In essence their findings were that our proposal would, at the very least temporarily provide mitigation for Moderate to 25 year floods.
Although we recognize that the October and December events were considered near 50 year events. This a one step in many that we hope will take place over the coming year (s) to work toward a comprehensive approach to alleviate flooding issues, not just in Phoenicia, but throughout Shandaken. More meetings will be scheduled after our proposed project moves forward.
There are now Small Business Administration Survey forms here and on the Town Website, for residents and business owners to fill out in order for us to better assess the overall damages accrued throughout the Town. There will be a meeting on Tuesday, January 11, at 10am in the Parish Hall in Phoenicia. A number of entities and agencies will be there to assist in finding financial assistance for both residential and business property owners affected by the flood.
Re-Organization: Tonight we have near 50 resolutions, mostly reappointing Town Employees. We ask that if you do have comments, to keep them as brief as you can. We had planned to discuss the police contract, which expired on Saturday, but in the interest of time and to allow all parties to review the latest version of the contract. The Town Board will convene a Special meeting specifically to discuss this next Thursday January 13th with the time to be determined tonight.
Highway: The fuel monitoring station work is almost complete. We hope to have it operational by the end of this month. Again, this system will help us better track usage and alleviates possible fines from the DEC.
Museum: As you may, or may not be aware, Carly Stephens has resigned as Museum Director. She has moved on the greener pastures. We thank her for her work at the museum and wish her the best in her future endeavors. Following a conversation with Museum Board members the museum will remain closed for the winter, while they look for another director.
Doctor’s Office: As many of you may or may not be aware, Maverick West will be vacating our building in Phoenicia in March of this year. We have been approached by several entities, and there are multiple possibilities for the use of this building. Obviously we would love to have a continuation of Medical Services, but that may not be possible considering the current economy and the local trend of Medical facilities consolidating services throughout the area.
Farm Stand: I’ve asked the Town Board which direction they would like to move in on this issue. The two possibilities, as we see it, are to either look to modifying zoning districts in the Town or following through with the creation or amendment of existing law. Before we commit to expending more legal fees on this matter, I would hope that we can in the coming months find some resolution to this long-ongoing issue.
Cell Service: Due to the increasing emergencies, we recognized the need to have cell service in the Town Hall. We’ve purchased and installed a Verizon Network Extender and now have service throughout the Town Hall. Also I asked our computer guy to install hard line internet extensions for the meeting room for County Computers to hook up to the internet. Again, this will benefit us in emergencies, as county personnel are not allowed to use wireless internet.
Page 3
Re-organizational Meeting
January 3, 2011
Smart Growth: James Krueger and I met two weeks ago to discuss options. We, along with Board members input, agreed to the changes of location of the Information Kiosks and have been provided a conceptual design by one of the students of SUNY Delhi, Jason Powell. He was one of the students who worked on the design of the Kiosk placed in Mt. Tremper this past summer. After discussing the information booth, we discussed using the funds for a self-contained information panel, maybe a computer terminal in Phoenicia locked into the Town, County and regional entities. The county has had these for years, but the county said they are doing away with these terminals and may have better ideas for us. We’ll find out more. Other than that, the information provided in these kiosks will be driven by the local communities that will host them. Phoenicia, Shandaken, Big Indian and Pine Hill. Also included in increased signage entering and throughout the Town.
DEP LAP: (Land Acquisition Program) It appears the CWT and DEP have approved our request for Shandaken to be a “No Solicitation Zone.” Recognizing the overabundance of publicly owned lands in Shandaken they cannot directly ask to buy land in Shandaken. Areas that were formerly off-limits to DEP are now available for purchase if the land owner approaches the DEP, only. Any lands would still have to meet the criteria of 10 acre parcels or larger with no habitable structure on it. Also, recently, the State has inserted language that allows our Town, specifically, the ability to assess this program in five years with the option, at that time, to either continue with the “No Solicitation” or revert back to the previous guidelines.
Recreation: We are simply waiting for water to fill the Ice Rink constructed in Big Indian Park on New Year’s Eve. A big thank you to all the volunteers who helped by transporting hay bales, retrieving the liner and constructing the rink. Thanks also to all the families that gave moral support and provided some tasty treats for what turned out to be a lovely morning in the Park.
I sent along a proposal for a new law for the creation of a standing board to be created for Recreation. I have passed this along to members of the Recreation committee for their thoughts. Essentially this new Board would serve in an advisory capacity. Similar to our Planning and Zoning Boards. Each individual’s responsibilities and duties are clearly defined. They would convene at regular intervals, and serve as volunteers. As a recreational destination, I think it is in our best interest to have an effort ensuring the continued assessment and improvement of our own recreational holdings, which can only bolster our local communities.
2011: I’ve been asked several times this weekend what I hope 2011 holds for the Town of Shandaken over the coming year. First, obviously, I would hope everyone and their families a healthy and Happy New Year. For the Town, I hope for a less eventful 2011. Meaning I hope that we can find some resolution with the flooding issues throughout the Town, or at least hope to be working toward a longer term solutions. I hope that the CWC comes back to us with a sewer design and system that best serves the Hamlet of Phoenicia, while alleviating, at the very least, some, if not all of the issues raised by residents in the past. I hope that we can see some progress from RETTEW on the Pine Hill Storm Water Retro-Fit Program so efforts can continue with the re-vitalize Pine Hill. I also wish the best and continued success for all the events (the Artist’s Studio Tours, The Phoenicia Festival of the Voice, the Belleayre Music Festivals, Shandaken Day, Plays and Movies at STA plus all the Fire Department, Rotary and Legion Bar-B-Ques and events) that continue to promote the area, the arts and ultimately a stronger sense of community for all.
Budget Travel Magazine – Phoenicia has been nominated one of the coolist small towns in America by Budget Travel Magazine the website to cast your vote on until February 15th is: https://www.budgettravel.com/travel-tips
Councilman Bernstein – Thanks the Catskill Mt. Car Club especially MaryLou and Frank Stapleton, collected about 4 large leaf bags of toys and monetary donations that were distributed to needed families in the Town of Shandaken by the local churches, so kudos for that. Also the Sportsmen’s Cantina sponsored a Holiday Dinner on Christmas Day, they served approximately 100 dinners and delivered 10 to various locations thank you to Amy and Mike Ricciardella their children and all of the other volunteers that helped. They also collected about $500 in donations that was given to the Shandaken Food Pantry.
Page 4
Re-organizational Meeting
January 3, 2011
Ken Ruof our Phoenicia Post Master is retiring after about 30 plus years with the Post Office and 22 in Phoenicia as our Post Master, good luck to Ken. Congratulations to Rob & Cynthia on the birth of their daughter Jade Holiday born December 24th.
Councilman Bartlett – Sr. Lunch Program will start up again in March at the Methodist church in Phoenicia. I would like to thank all of the restaurants that helped with the lunch program this past year, Brios, Catamount, Russes, etc.
Councilman Malloy – Flood meeting at the Parish Hall on January 11th at 10am.
Councilman Bartlett – Pine Hill Water Meeting January 10th at 6:30pm
Ambulance 2010 Year End Report – Rich Muellerliele
Page 5
Re-organizational Meeting
January 3, 2011
Police Report – George Nehre
Page 6
Re-Organizational Meeting
January 3, 2011
Police Year End Report – 2010
Page 7
Re-organizational Meeting
January 3, 2011
Pine Hill Water – January 10, 2011 meeting at the community center.
Discussion on Resolutions
Motion by Supervisor Stanley to hold a special town board meeting on January 13th at 5pm for continued discussion on the police contract, seconded by Councilman Bartlett, all in favor, motion carried.
Motion by Supervisor Stanley to pull resolution #34 and #47, seconded by Councilman Jordan, all in favor, motion carried.
RESOLUTION #1 OFFERED BY Supervisor Stanley
RULES OF PROCEDURE
WHEREAS, §63 of New York State Town law provides that the Town Board may determine the rules of its procedures:
THEREFORE BE IT RESOLVED, that the following “Rules of Procedure” for regular Town Board meetings be adopted.
The Town Supervisor, as Chairman of the Town Board, shall call meetings of the Town Board to order and shall be the Presiding Officer or Chair of the meeting, and as such shall officiate, maintain order and decorum, and permit public participation in an orderly manner and in accordance with the rules stated below.
1. PLEDGE: Call to order shall be followed by the pledge of allegiance to the flag of the United States of America.
2. ROLL CALL: The Chair shall request Roll Call of the Town Board members by the Town Clerk, and after determining that a quorum exists, the Town Supervisor shall declare the meeting open. The Town Supervisor shall read the agenda (if not already published and distributed) and proceed to the business of the Town Board at hand.
3. MINUTES: At each meeting following the new Town Board’s January Special Organizational Meeting, the Chair shall provide opportunity for the Town Board to review the minutes of the previous meeting of the Town Board. Thereafter, the Chair shall entertain a motion to approve the minutes as presented or to amend.
4. CORRESPONDENCE: The Chair shall first call for acknowledgment and summary of any petitions or written communications received by the Town Board. Copies shall be given to the Town Clerk for recording into the minutes.
5. COMMITTEE REPORTS: The Chair shall recognize committee chairmen for their committees report.
6. PUBLIC PARTICIPATION: The Public will be invited to comment as requested on items appearing in the published agenda, expressing any views, opinions, requests, recommendations or questions to the Board to address and/or take under advisement in its deliberations. A maximum time limit of 30 minutes. The Public is requested to be brief with their comments.
7. CONDUCT NEW BUSINESS
a. THE SUPERVISOR’S FISCAL REPORT shall be the first order of new business. It shall set forth public monies received through the Town clerk’s Office and other sources, and the disbursement of public monies. The Chair shall entertain motions to approve the Supervisor’s Fiscal Report and to approve all necessary disbursements of public monies through authorized fund accounts. All actions of the Town Board concerning the Supervisor’s Fiscal Report shall be by motion.
Page 8
Re-organizational Meeting
January 3, 2011
b. RESOLUTIONS: For its deliberations on new matters of Town Business, the Board will work from the written agenda distributed to Board members in advance, posted on the Town bulletin board and distributed at Board meetings to public. Formal actions of the Town Board must be authorized by motion or resolution of the Town Board. No motion or resolution shall be brought to a vote unless it has been presented to all members of the Town Board at least 48 hours prior to the opening of the meeting and on the Town website. In emergency circumstances, however, all of the above requirements may be waived by a vote of a majority of the Town Board present, provided there is a quorum.
c. Every motion or resolution must be seconded before discussion of the Town Board or the Supervisor calls for a vote. All motions and resolutions shall be recorded in their entirety in the minutes of the Town Board meeting. As a member of the town Board, the Supervisor may offer or second motions and resolutions.
d. Town Board members must recuse themselves from participation in discussion or voting on matters that involve a conflict of interest and must place in the minutes their reasons for recusal. Abstention from a vote shall only be permitted for reasons of conflict of interest, and not for political considerations.
8. PUBLIC PARTICIPATION: The Board recognizes the value of public participation but reminds the Public that it is a privilege. Please address the Board with respect and civility.
9. ADJOURNMENT: Following resolutions, and open agenda period, the Town Board meeting shall be adjourned by motion, in memory of residents deceased.
IF THE ABOVE RULES OF PROCEDURE SHOULD AT ANY TIME BE IN CONFLICT WITH STATUTORY LAW, THEN STATUTORY LAW PREVAILS.
AND MOVES ITS ADOPTION
Seconded By: Councilman Malloy
ROLL CALL 5 Ayes
RESOLUTION # 2 OFFERED BY Councilman Malloy
MEETING DATES
WHEREAS, under § 62 of the Town Law, the Town Board should adopt a resolution
determining the time and place it shall hold its regular meeting; therefore be it
RESOLVED, that the regular meetings of the Town Board be held the first Monday of the Month (unless noted) in the Town Hall of Shandaken, New York on the following dates during the year 2011
January 3rd 6:00 PM
February 7th 7:00 PM
March 7th 7:00 PM
April 4th 7:00 PM
May 2nd 7:00 PM
June 6th 7:00 PM
July 11th 7:00 PM (second Monday)
August 1st 7:00 PM
September 12th 7:00 PM (second Monday)
October 3rd 7:00 PM
November 7th 7:00 PM
December 5th 7:00 PM
AND MOVES ITS ADOPTION
Seconded by: Councilman Bartlett
ROLL CALL 5 Ayes
Page 9
Re-organizational Meeting
January 3, 2011
RESOLUTION #3 OFFERED BY Councilman Bartlett
TOWN DEPOSITORY
WHEREAS, under § 64, Subdivision 1 of the Town Law, the Town Board should adopt a resolution designating a bank or banks, or trust company in which all Town Officials shall deposit all monies coming into their hands by virtue of their offices; therefore be it
RESOLVED, that KEY BANK of NEW YORK, and WILBER NATIONAL BANK
be and hereby are designated as depositories for the Town of Shandaken.
AND MOVES IT ADOPTION
Seconded by: Supervisor Stanley
ROLL CALL 5 Ayes
RESOLUTION #4 OFFERED BY: Councilman Bernstein
OFFICIAL NEWSPAPER
WHEREAS, under § 64, Subdivision 11 of the Town Law, the Town Board should adopt a resolution designating the Official Newspaper of the Town; therefore be it
RESOLVED, that the Daily Freeman be and hereby is the Official Newspaper for the Town of Shandaken, for the year 2011.
AND MOVES IT ADOPTION
Seconded by: Councilman Jordan
ROLL CALL 5 Ayes
RESOLUTION #5 OFFERED BY Councilman Jordan
TOWN POLICE DEPARTMENT
WHEREAS, The Town of Shandaken, is a Town of the second class; and
WHEREAS, there is a Town Police Department; therefore be it
RESOLVED, that, pursuant to the Town Law of the State of New York § 20 (1) (b), the Town Board hereby appoints the following individuals as Police Officers to receive compensation as indicated:
NAME COMPENSATION
1. Michael Ennist $50,003.20 plus longevity $24.04 per hour
2. Kris Frisenda $50,003.20 plus longevity $24.04 per hour
3. Fred Holland $48,942.48 plus longevity $23.53 per hour
4. George Neher $46,419.19 plus longevity $22.39 per hour and
5. James McGrath, Officer in Charge, $23,000.00 $17.54 per hour
PART_TIME POLICE
6. Chad Storey $17.75 hr
7. John Wooton $17.75 hr
8. Stuart McKenzie $17.75 hr
9. Scott Buchinger $17.75 hr
10. Erinn Knox $17.75 hr
11. Travis Nissen $17.75 hr
12. Adam McGrath $17.75 hr
13. Glenn Buchinger $17.75 hr
Page 10
Re-organizational Meeting
January 3, 2011
And that said police officers shall have all powers conferred upon police officers by the general laws of the State of New York including but not limited to and such powers, not inconsistent with law, as are hereinafter set forth; and that said police officers shall have all powers designated in § 2.2O of the Criminal Procedure Law of the State of New York and shall have the following special duties:
1. To enforce all local laws, ordinances and regulations of the Town of Shandaken.
2. To enforce the Vehicle and Traffic Law of the State of New York to the extent that police officers may be so permitted by the general laws of the State of New York.
3. To enforce such Penal Statutes as police officers are permitted to enforce pursuant to the general laws of the State of New York, and in furtherance of said special duties police officers are hereby authorized the use, of a Town Vehicle to be known as a police officer’s vehicle which may be equipped with emergency lights in accordance with applicable sections of the Vehicle and Traffic Law, and may use the State and County radio to the extent permitted by the general laws of the State of New York, and may carry fire arms while on duty in compliance with the general laws of the State of New York pertaining to Police Officers generally.
AND MOVES ITS ADOPTION
Seconded by: Councilmen Bartlett and Malloy
ROLL CALL 5 Ayes
RESOLUTION #6 OFFERED BY: Supervisor Stanley
DEPUTY TOWN CLERKS & TAX COLLECTORS
WHEREAS, under §30, Subdivision 10 of the Town Law, the Town Clerk determines the designation of Deputies, the Town Board shall determine by resolution the powers and duties of such deputies, and whether or not, such deputies shall be compensated by the Town; therefore be it
RESOLVED, that the Town Board appoint, Ginger Byron as full time Deputy Town Clerk/Tax Collector and be paid$13.13 per hour and to perform the duties of the Town Clerk/Tax Collector in her absence. and be it further
RESOLVED, that Nancy Hudler be appointed as part time Deputy Town Clerk/Tax Collector and be paid $10.30 per hour and to perform the duties of the Town Clerk /Tax Collector in her absence
AND MOVES ITS ADOPTION
Seconded by: Councilman Bartlett & Jordan
ROLL CALL 5 Ayes
RESOLUTION #7 OFFERED BY: Councilman Malloy
SECRETARY / BOOKKEEPER TO THE SUPERVISOR
WHEREAS, under § 29, Subsection 15, of the Town Law the Town Board may authorize the Supervisor to make a designation for the position of Part time Secretary/Bookkeeper to the Supervisor; therefore be it
RESOLVED, that the Town Board approve the appointment of Patricia Heinz to serve at the pleasure of the Supervisor, and receive $12.84 per hour when discharging the duties of said office.
AND MOVES ITS ADOPTION
Page 11
Re-organizational Meeting
January 3, 2011
Seconded by: Supervisor Stanley
ROLL CALL 5 Ayes
RESOLUTION #8 OFFERED BY: Councilman Bartlett
SECRETARY / BOOKKEEPER TO THE SUPERVISOR
WHEREAS, under § 29, Subsection 15, of the Town Law the Town Board may authorize the Supervisor to make a designation for the position of Full time Secretary/Bookkeeper to the Supervisor; therefore be it
RESOLVED, that the Town Board approve the appointment of Diane O’Donnell serve at the pleasure of the Supervisor, and receive $10.30 per hour when discharging the duties of said office.
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL 5 Ayes
RESOLUTION #9 OFFERED BY: Councilman Bernstein
SECRETARY TO HIGHWAY SUPERINTENDENT
WHEREAS, under § 20, Notes of Decision 9 of the Town Law, the Town Board shall appoint all employees of the Town; therefore be it
RESOLVED, that upon the recommendation of the Highway Superintendent, that Florence Sullivan be reappointed to serve as Secretary to the Highway Superintendent, and to serve at his pleasure, and to be paid $11.94 per hour when performing the duties of said office.
AND MOVES ITS ADOPTION
Seconded by: Councilman Jordan
ROLL CALL 5 Ayes
RESOLUTION #10 OFFERED BY: Councilman Jordan
WATER DISTRICTS BILLING CLERKS
WHEREAS, under § 20 of the Town Law, the Town Board should designate all appointed officers and employees of the Town; therefore be it
RESOLVED, that Ginger Byron be and hereby is appointed Billing Clerk for the Phoenicia Water District, and be paid a salary of $13.13 per hour, not to exceed $1,324.00 and be it further
RESOLVED, that Ginger Byron be and hereby is appointed Billing Clerk for the Pine Hill Water District, and be paid a salary of $2,458.15, and be it further
RESOLVED, that she serve at the pleasure of the Town Board, Water Commissioner and the Tax Collector.
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL 5 Ayes
Page 12
Re-organizational Meeting
January 3, 2011
RESOLUTION #11 OFFERED BY: Supervisor Stanley
CHAIRMAN OF BOARD OF ASSESSORS
WHEREAS, under § 22b of the Town Law, the Town Board should designate the appointed officers and employees of the Town; therefore be it
RESOLVED, that Heidi Clark be appointed Chairman of the Board of Assessors for the Town of Shandaken and receive an annual salary of $31,954.00.
AND MOVES ITS ADOPTION
Seconded by: Councilman Jordan
ROLL CALL 5 Ayes
RESOLUTION #12 OFFERED BY: Councilman Malloy
SALARIES
WHEREAS, under § 27 of the Town Law, the Town Board shall fix the salaries and expenses of Elective Officials for the Town; therefore be it
RESOLVED, that the annual salaries of said officers be and hereby are fixed and determined for the year 2011 and shall be as follows:
SALARY
Supervisor _ Robert Stanley 30,000.00
Clerk/Collector _ Laurilyn Frasier 31,954.00
Highway Supt. _ Erich Hofmeister 44,346.00
Assessor/Chairman _ Heidi Clerk 31,954.00
Assessor _ Pete DiModica 5,000.00
Carol Seitz 5,000.00
Justice _Tom Crucet 17,187.00
Michael Miranda 17,187.00
Councilman _ Jack Jordan 9,000.00
Vin Bernstein 9,000.00
Tim Malloy 9,000.00
Doris Bartlett 9,000.00
AND MOVES ITS ADOPTION
Seconded by: Supervisor Stanley
ROLL CALL 5 Ayes
RESOLUTION #13 OFFERED BY: Councilman Bartlett
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:
Administrator at $10,000 per year
Richard Muellerliele
Part Time Paramedics: $185.40 per 12 hour shift, including trips
Richard Muellerliele
Ernest Quick
John Welch
Brendan Whalen
Page 13
Re-organizational Meeting
January 3, 2011
Jim Baker
Mark Bedell
Mike Williams
Duane Davis
Benjamin Holm
Stacy McGarry
Full Time EMT at $30,235.00 per year
Ernest Longhi
Part Time EMT’s: $66.20 per 12 hour shift, & 29.79 per trip
Dennis Frano
Gary Carr Jr.
Tracy Stokes
Ernie Longhi Jr.
Chad Storey
Austin Wyant
Jack Spinneweber
Ambulance Drivers and Certified First Responders $49.65 per shift, $25.38 per trip
Kenneth Booth, Driver
Todd Carr, Driver
Tom Crucet, Driver
David Carr, Driver
Keith Johnson, Driver
John Rossitz, Jr., Driver
Gerald Neal, Driver
Brian Perez, Driver
Andrew McGarry, Driver
Robert Burns, Driver
Peter DiSclafani, Driver
Equipment Manager Dennis Frano at $5,000 per year and
Training Official Brendon Whalen at $5,000 per year
and that said employees serve at the discretion of the Town Board.
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL 5 Ayes
RESOLUTION #14 OFFERED BY: Councilman Bernstein
DOG CONTROL OFFICER AND DOG ENUMERATOR
WHEREAS, under § 20 of the Town Law, the Town Board should designate all appointed officers and employees of he Town; therefore be it
RESOLVED, that Nancy Hudler be hereby reappointed Dog Control Officer and Enumerators for the year 2011 and shall receive an annual wage of $8,268.00 and Chad Storey be hereby reappointed Dog Control Officer and shall receive an annual wage of $4,316.00 and contractual expenses of $4,000 for expenses incurred pursuant to law, when discharging the duties of said office at the pleasure of the Board.
AND MOVES ITS ADOPTION
Seconded by: Councilman Bartlett
Page 14
Re-organizational Meeting
January 3, 2011
ROLL CALL 5 Ayes
RESOLUTION #15 OFFERED BY: Councilman Jordan
CLERK FOR THE JUSTICE COURT
WHEREAS, under § 20 of the Town Law, notes of Decision 9, the Town Board should designate all appointed officers and employees of the Town; therefore be it
RESOLVED, that Wendy Helm be reappointed as Clerk of the Justice Court, to assist in the Clerical Duties of the Town Justice Court, and be paid a salary of $23,012.00 while discharging the duties of said office.
AND MOVES ITS ADOPTION
Seconded by: Supervisor Stanley
ROLL CALL 5 Ayes
RESOLUTION #16 OFFERED BY: Supervisor Stanley
SECRETARY/RECEPTIONIST TO ASSESSORS
WHEREAS, under § 20 of the Town Law, notes of Decision 9, the Town Board should designate all appointed officers and employees of the Town; therefore be it
RESOLVED, that Sue Christiana be and hereby is appointed Secretary/Receptionist to the Assessors, to assist in the Clerical duties of the Assessors, and to be paid an annual salary of $21,064.00 ($11.58 per hour),
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL 5 Ayes
RESOLUTION #17 OFFERED BY: Councilman Malloy
DEPUTY SUPERVISOR
WHEREAS, under § 42 of the Town Law, the Town Board may create the post of Deputy Supervisor; therefore be it
RESOLVED, that the Town Board approve the appointment of Vincent Bernstein to act as Deputy Supervisor, in the absence of the supervisor, without compensation, for the year 2011.
AND MOVES ITS ADOPTION
Seconded by: Supervisor Stanley
ROLL CALL 4 Ayes 1 Recues (Bernstein)
RESOLUTION #18 OFFERED BY: Councilman Bartlett
SOCIAL SERVICES OFFICER
WHEREAS, under Municipal Affairs, the State Comptroller, § 71-1098 grants the Town Board the right to authorize someone to act as Town Social Services Officer; therefore be it
RESOLVED, that the Town Board approve Eve Smith to act as Social Services Officer, to be paid an annual salary up to $5,737.00, and be allowed expense money in the amount of $300 for expenses incurred pursuant to law, when discharging the duties of said office.
Page 15
Re-organizational Meeting
January 3, 2011
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL 5 Ayes
RESOLUTION #19 OFFERED BY: Councilman Bernstein
ATTORNEY FOR THE TOWN
WHEREAS, the Town Board may, pursuant to Town Law, § 20 Subdivision 25, employ an attorney to give it such professional service and legal council; therefore be it
RESOLVED, that the Supervisor be empowered to utilize the services of Paul Kellar as General Counsel to the Town Board and other Counsel at his discretion.
AND MOVES ITS ADOPTION
Seconded by: Supervisor Stanley
ROLL CALL 5 Ayes
RESOLUTION #20 OFFERED BY: Councilman Jordan
MILEAGE ALLOWANCE
WHEREAS, under § 12, notes of Decision 32 of the Town Law, a Town Officer is entitled to be paid a mileage allowance fixed by the Town Board; therefore be it
RESOLVED, that all Town Officers and employees be paid the IRS mileage rate of $.51 per mile, when discharging their duties as Town Officials.
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL 5 Ayes
RESOLUTION #21 OFFERED BY: Supervisor Stanley
ADVANCE PAYMENT OF UTILITY BILLS
WHEREAS, under § 118, notes of Decision 2 of the Town Law, the Town Board may authorize payment of public utility services, in advance of audit of claims; therefore be it
RESOLVED, that the Town Board authorize the Supervisor to pay said bills in advance of audit of claims.
AND MOVES ITS ADOPTION
Seconded by: Councilman Jordan
ROLL CALL 5 Ayes
RESOLUTION #22 OFFERED BY: Councilman Malloy
EXPENSES FOR THE ASSOCIATION OF TOWNS’ ANNUAL MEETING
WHEREAS, under § 102, notes of Decision 10, of the Town Law, Towns may incur obligations for compensation of Town Officers; therefore be it
Page 16
Re-organizational Meeting
January 3, 2011
RESOLVED, that the Town Board hereby authorizes the payment of expenses incurred, to all Town Officers attending the Annual Meeting of the Association of Towns, in an amount not to exceed $1,000 each, with $200 in advance with all expenses to be supported by voucher and receipts and be it further
RESOLVED that in the case of the Zoning Board of Appeals and the Planning Board a maximum of three will be allowed to attend.
AND MOVES ITS ADOPTION
Seconded by: Councilman Bernstein
ROLL CALL 5 Ayes
RESOLUTION #23 OFFERED BY: Councilman Bartlett
TOWN AUDITOR
WHEREAS, the Town Board appoints all employees and officers of the Town pursuant to § 20 of the Town Law; therefore be it
RESOLVED that the firm of Sickler, Torchia Allen & Churchill be and hereby is reappointed Town Auditors and Accountants at an allowance up to $20,000 as allocated in the 2011 budget.
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL 5 Ayes
RESOLUTION #24 OFFERED BY: Councilman Bernstein
PARKING LOT LEASE
WHEREAS, the Town of Shandaken has entered into an agreement with Martin Millman to lease the parking lot adjacent to the Phoenicia Pharmacy in Phoenicia for the sum of $1.00, for the fiscal year 2010 therefore be it
RESOLVED, that this agreement be extended for the fiscal year 2011 and all terms of said original contract be agreed upon.
AND MOVES ITS ADOPTION
Seconded by Councilman Malloy
ROLL CALL 5 Ayes
RESOLUTION #25 OFFERED BY: Councilman Jordan
ZONING ENFORCEMENT OFFICER
FLOOD PLAIN ADMINISTRATOR
BUILDING INSPECTOR
BUILDING/ZONING SECRETARY
WHEREAS, pursuant to Town Law § 138 and pursuant to §’s 116_63, 116_64 and 77_11 of the Code of the Town of Shandaken, Zoning Officer in the Town is responsible for the enforcement of Zoning Ordinances and rules and regulations; therefore be it
RESOLVED, that Gina Reilly be appointed as Zoning Enforcement Officer/ Flood Plain Administrator/Building Inspector and Zoning/Building Secretary to be paid an annual salary of $28,114.00 and mileage while on Town Business.
AND MOVES ITS ADOPTION
Page 17
Re-organizational Meeting
January 3, 2011
Seconded by: Supervisor Stanley
ROLL CALL 5 Ayes
RESOLUTION #26 OFFERED BY: Supervisor Stanley
DIRECTOR OF CIVIL DEFENSE
WHEREAS, under § 20 of the Town Law, the Town Board should designate all appointed officers and employees of the Town; therefore be it
RESOLVED, that Gary Carr, Jr. be appointed as director of Civil Defense for the Town of Shandaken with no compensation.
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL 5 Ayes
RESOLUTION #27 OFFERED BY: Councilman Malloy
TOWN HISTORIAN
WHEREAS, under § 20 of the Town Law, the Town Board should designate all appointed officers and employees of the Town and the Town Board wishes to appoint a Town Historian; therefore be it
RESOLVED, that Nancy Smith be reappointed Historian, for the Town of Shandaken.
AND MOVES ITS ADOPTION
Seconded by: Supervisor Stanley
ROLL CALL 5 Ayes
RESOLUTION #28 OFFERED BY: Councilman Bartlett
POLICE COMMISSION
WHEREAS, pursuant to § 20 of the Town Law it is the duty of the Town Board to appoint all boards and commissions; therefore be it
RESOLVED, that William Lundberg, Henry J. Strauss and Theodore R. Byron be reappointed to the Police Commission for the year 2011
AND MOVES ITS ADOPTION
Seconded by: Councilman Stanley & Supervisor Stanley
ROLL CALL 5 Ayes
RESOLUTION #29 OFFERED BY: Councilman Bernstein
RECYCLING ATTENDANT
WHEREAS, under § 20 of the Town law, the Town Board should designate all appointed officers and employees of the Town; therefore be it
RESOLVED, that Joe Rotella, Sr be reappointed as Recycling Attendant at an annual salary of $7,858.00.
Page 18
Re-organizational Meeting
January 3, 2011
AND MOVES ITS ADOPTION
Seconded by: Supervisor Stanley
ROLL CALL 5 Ayes
RESOLUTION #30 OFFERED BY: Councilman Jordan
AMERICAN LEGION AND VETERANS OF FOREIGN WARS
WHEREAS, the annual budget approved by the Town Board provides monies for Patriotic
Observances and Veteran’s Organizations; and
WHEREAS, it has been the procedure to pay this money to the American Legion and Veterans of Foreign Wars, for said purposes; therefore be it
RESOLVED, that the sum of $2,000.00 each be and hereby is appropriated for Rent of Rooms and Patriotic Observances for each of the organizations for the year 2011.
AND MOVES ITS ADOPTION
Seconded by: Supervisor Stanley
ROLL CALL 3 Ayes 2 Recues (Bernstein & Malloy)
RESOLUTION #31 OFFERED BY: Supervisor Stanley
PROGRAM FOR THE AGING
WHEREAS, the annual budget approved by the Town Board provides monies for the Program for the Aging, therefore be it
RESOLVED, that the sum of $2,000.00 be and hereby is appropriated to the Program for the Aging, and
BE IT FURTHER RESOLVED, that the sum of $3,000 be and hereby is appropriated for the Senior Nutrition Program.
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL 5 Ayes
RESOLUTION #32 OFFERED BY: Councilman Malloy
SUPERINTENDENT OF PINE HILL WATER DISTRICT
WHEREAS, under § 20 of the Town Law, the Town Board should designate all appointed officers and employees of the Town; therefore be it
RESOLVED, that Donald Clark be and hereby is reappointed Superintendent of the Pine Hill Water District, and hold office at the pleasure of the Town Board, and receive an annual salary of $22,812.90 to be disbursed once each month and expenses as allotted in the 2011 budget as pursuant to law, while discharging the duties of his office;
and that the Town Board, upon the recommendation of the Water Superintendent, hire laborers as the Water Superintendent deems necessary within budget constraints.
AND MOVES ITS ADOPTION
Seconded by: Councilman Bartlett
ROLL CALL 5 Ayes
Page 19
Re-organizational Meeting
January 3, 2011
RESOLUTION #33 OFFERED BY: Councilman Bartlett
SUPERINTENDENT OF PHOENICIA WATER DISTRICT
WHEREAS, under § 20 of the Town Law, the Town Board should designate all appointed officers and employees of the Town; therefore be it
RESOLVED, that Rick Ricciardella hereby is reappointed Superintendent of the Phoenicia Water District, and hold office at the pleasure of the Town Board, and receive an annual salary of $19,308.00 to be disbursed once each month and expenses as allotted in the 2011 budget as pursuant to law, while discharging the duties of his office;
and that the Town Board, upon the recommendation of the Water Superintendent, hire laborers as the Water Superintendent deems necessary within budget constraints.
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL 5 Ayes
RESOLUTION #34 OFFERED BY:
ETHICS COMMITTEE
WHEREAS, Pursuant to Chapter 20 of the Code of the Town of Shandaken, Article III §20 -7 Establishment of a Board of Ethics, therefore be it
RESOLVED, that Richard Loveless, Helen Morelli and Ginger Byron be reappointed as the Ethics Committee for the Town of Shandaken and to serve at the pleasure of the Town Board and follow Chapter 20 of the Code of the Town of Shandaken
AND MOVES ITS ADOPTION
Seconded by:
ROLL CALL AYES NAYS
RESOLUTION # 35 OFFERED BY Councilman Bernstein
PLANNING BOARD MEMBER
WHEREAS pursuant to section 20 of the Town Law it is the duty of the Town Board to appoint all Boards and Commissions
THEREFORE BE IT RESOLVED that Joanne Kalb be reappointed to the Shandaken Planning Board with her term to expire in December 2017.
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL 5 Ayes
RESOLUTION # 36 OFFERED BY Councilman Jordan
ZONING BOARD OF APPEALS MEMBER
WHEREAS pursuant to section 20 of the Town Law it is the duty of the Town Board to appoint all Boards and Commissions
Page 20
Re-organizational Meeting
January 3, 2011
THEREFORE BE IT RESOLVED, that Keith Johnson be reappointed to the Zoning Board of Appeals with his term to expire in December 2015.
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL 5 Ayes
RESOLUTION # 37 OFFERED BY Supervisor Stanley
RESOLUTION APPOINTING CHAIRMAN OF PLANNING BOARD
WHEREAS, pursuant to section 20 of the Town Law, it is the duty of the Town Board to appoint
all Boards and Commissions,
THEREFORE BE IT RESOLVED, that Charles Frasier be reappointed as Chairman of the Planning Board for the year 2011
AND MOVES ITS ADOPTION
Seconded by: Councilman Jordan
ROLL CALL 5 Ayes
RESOLUTION # 38 OFFERED BY Councilman Malloy
RESOLUTION APPOINTING CHAIRMAN OF ZONING BOARD OF APPEALS
WHEREAS, pursuant to section 20 of the Town Law it is the duty of the Town Board to appoint all Boards and Commissions,
THEREFORE BE IT RESOLVED that Rolf Reiss be reappointed as Chairman of the Zoning Board of Appeals for the year 2011
AND MOVES ITS ADOPTION
Seconded by: Supervisor Stanley
ROLL CALL 5 Ayes
RESOLUTION #39 OFFERED BY: Councilman Bartlett
PLANNING BOARD SECRETARY
WHEREAS, under § 20 of the Town Law it is the duty of the Town Board to appoint all employees of the Town; therefore be it
RESOLVED, that Marie Stutman, be reappointed as Planning Board Secretary with an annual salary up to $4,635.28 and serve at the pleasure of the Planning Board and be accountable to Town Board.
AND MOVES ITS ADOPTION
Seconded by: Supervisor Stanley
ROLL CALL 5 Ayes
RESOLUTION #40 OFFERED BY: Councilman Bernstein
DEPUTY HIGHWAY SUPERINTENDENT
Page 21
Re-organizational Meeting
January 3, 2011
WHEREAS, the Superintendent of Highways has requested that the Town Board establish the office of Deputy Superintendent of Highways,
THEREFORE BE IT RESOLVED that Neil Grant be reappointed to this position, without compensation for the Year 2011.
AND MOVES ITS ADOPTION
Seconded by: Councilman Jordan
ROLL CALL 5 Ayes
RESOLUTION #41 OFFERED BY: Councilman Jordan
CLERK TO THE ASSESSORS
WHEREAS, under § 20 of the Town Law, notes of Decision 9, the Town Board should designate all appointed officers and employees of the Town; therefore be it
RESOLVED, that Pat Hughes be and hereby is reappointed Clerk to the Assessors, to assist in the Clerical duties and road work of the Assessors, and to be paid $10.00 per hour, while performing these duties.
AND MOVES ITS ADOPTION
Seconded by: Supervisor Stanley
ROLL CALL 5 Ayes
RESOLUTION # 42 OFFERED BY: Supervisor Stanley
WHEREAS, Pursuant to Section 20 of the Town Law it is the duty of the Town Board to appoint all employees of the Town
THEREFORE BE IT RESOLVED That Robert Gasperini be reappointed as the Municipal Worker for the Town of Shandaken for 2011, at $9.00 per hour, 25 to 30 hours per week.
AND MOVES ITS ADOPTION
Seconded by: Councilman Bernstein
ROLL CALL 5 Ayes
RESOLUTION # 43 OFFERED BY: Councilman Malloy
ZONING BOARD OF APPEALS SECRETARY
WHEREAS, under § 20 of the Town Law it is the duty of the Town Board to appoint all employees of the Town; therefore be it
RESOLVED, that Patricia Hughs, be appointed as Zoning Board of Appeals Secretary with an annual salary up to $2,317.64 and serve at the pleasure of the Zoning Board of Appeals and be accountable to Town Board.
AND MOVES ITS ADOPTION
Seconded by: Supervisor Stanley
ROLL CALL 5 Ayes
Page 23
Re-organizational Meeting
January 3, 2011
RESOLUTION # 44 OFFERED BY: Councilman Bartlett
WHEREAS, pursuant to Section 20 of the Town Law it is the duty to appoint all Boards and Commissions,
THEREFORE be it resolved that Alfred Peavy, John Kilb, Don Bucher, Nick Formont and Paul Pettinato be appointed to the Phoenicia Water Committee and
BE IT FURTHER resolved that Alfred Peavy chair this committee.
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL 5 Ayes
RESOLUTION #45 OFFERED BY: Councilman Bernstein
WHEREAS, pursuant to Section 20 of the Town Law it is the duty to appoint all Boards and Commissions,
THEREFORE be it resolved that Pete DiModica, Lowell Smith, Richard Schaedle, Michelle Wooton, Mary Herrmann and Marge Lloyd be appointed to the Pine Hill Water Committee, and
BE IT FURTHER resolved that Michelle Wooton chair this committee.
AND MOVES ITS ADOPTION
Seconded by: Supervisor Stanley
ROLL CALL 5 Ayes
RESOLUTION # 46 OFFERED BY: Councilman Jordan
WHEREAS, The Town Board recognizes the Town of Shandaken Museum Board of Directors.
THEREFORE be it resolved that Richard Bennett, June LaMarca, Nancy Smith, Maureen Nagy, Marie Stutman, MaryLou Stapleton, Catherine Greenburg and Flavia DeMola be recognized for being on the Town of Shandaken Museum Board, and
BE IT FURTHER resolved that Richard Bennett is the Chairman of the Board.
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL 5 Ayes
RESOLUTION #47 OFFERED BY:
Records Management Clerk
WHEREAS, pursuant to §20 of the Town Law, the Town Board should designate all appointed officers and employees of the Town,
THEREFORE BE IT RESOLVED that Jacqui Guglielmetti be and hereby is appointed Records Management Clerk, and hold office at the pleasure of the Town Board, and receive an annual salary of $6,000.00 for the discharge of her duties.
Page 23
Re-organizational Meeting
January 3, 2011
AND MOVES ITS ADOPTION
ROLL CALL AYES NAYS
Public Comment
Supervisor the ice rink should be up soon.
Motion by Supervisor Stanley, to adjourn, seconded by Councilman Jordan, all in favor, motion carried.
