June 6, 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.


Supervisor Called meeting to order


Roll Call

Pledge of Allegiance to our Flag


Motion by Councilman Jordan to accept the minutes of the May 2, 2011,  Regular Town Board Meeting,  and May 11, and May 27, 2011, Special Town Board meetings  seconded by Councilmen Malloy and Bartlett,  all in favor, motion carried.


Supervisor Stanley – Supervisor’s Report – Month of May


Town Board Topics & Activity

Safari: As some of you may have noticed, Milone and MacBroom, the engineering firm hired to assist the Town in its’ efforts to remove impediments from the Stony Clove Creek in Phoenicia has started its survey work on the stream.  We still do not anticipate entering the creek until August, when waters are generally low and there is less likelihood of increasing stream disturbance.  Eric and I met with DEC officials on Friday, who were satisfied with our approaches and with our efforts toward involving the Town in the Community Rating System (which we anticipate will reduce flood insurance rates for residents) and hiring a consultant to assist us in creating a flood mitigation plan for the Town.  We hope to have an RFQ prepared for the next Town Board meeting in July.

Sweet Sue’s: Opened as of May 21st!  The Town wishes Sue and her staff another successful season full of Pancakes.


Zoning: On May 25th the Town Board held an open public meeting to discuss options for a zoning extension along Route 28 in Mt. Tremper, following the meeting the Town Board has again embarked on a mission to try and create a law that will 1) address current issues with existing operations and 2) allow for more of these businesses, while addressing concerns within the current “Roadside Stand” law. We may have a law to present at next month’s meeting.  Gina, the zoning officer, has responded to a written complaint,  received from neighbors against Hanover Farms.  In her response she asked for patience from the complainants, as the Town Board tries to resolve this issue.

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June 6, 2011

Planning: During this past month, the Planning Board Secretary, Marie Stutman, submitted her resignation.  The Town Board appreciates Marie’s service and wishes her the best of luck in all her future endeavors.  Due to her resignation the Planning Board is in need of a secretary.  Tonight we are appointing Patt Hughes, current ZBA Secretary, as “Interim Planning Board Secretary” until a suitable replacement can be found.


Parks & Rec.: Thanks to Shawn Jensen of Soup to Nuts as well as Jeff Collins, Charlie DeBellis and the local community of parent volunteers who helped get the replacement swing set installed in the Parish Field days prior to the Memorial Day weekend.  Shawn donated all of his time and machinery to the install and I’d like to extend special thanks to Heather Roberts, Parish Field Park Manager for coordinating this effort.

We have a resolution tonight asking for bids for transportation to two field trips planned for our Summer Recreation Program.  This year we are planning to take the kids to the Liberty Science Museum, which is a children’s interactive science museum, and the ever-popular Zoom Flume.  Jessica Cross, Camp Director is planning to interview for Camp Counselors and Junior Counselors this Thursday.  So, if You know anyone that is interested, please have them stop by and fill out the application before then.  Camp is slated to start on Tuesday, July 12th .


Shandaken Day: Shandaken Day is returning to the Parish Field in Phoenicia this year Saturday August 27th.  Things are gearing up for this year’s event.  As in year’s past we are looking for stories of the history of the local communities being celebrated this year.  We should note that this is the 25th anniversary of the Eagle dedication at the entrance to Phoenicia, we also have been working on nominees for this year’s Hamlet Heroes and Prides of Shandaken awards.  Our next meeting is set for next Wednesday, June 15th at 7pm in the Ice Cream Station in Phoenicia.  All are welcome to attend.


Highway: As you may have noticed, NYS DOT this week rolled out new signage for the Catskill Preserve.  The new Brown and White signs are accompanied by a new graphic logo that is available for use by any entity within the Catskill Preserve.  NYSDOT through the Federal Highway Administration has also authorized the use of a smaller circular logo that would be used on all local road signs to further educate the public-at-large of the extent of the Catskill Preserve Area.  Eric is awaiting the OK start to order these signs as he has been holding off on ordering while these discussions ensued.  We hope to have our own signs going up by the end of this summer, at the least.

We have a resolution tonight to receive bids for stone crushing at the Town’s gravel bank, which Eric has done in the past.  This has helped alleviate costs for these necessary materials.  He has asked for a special board meeting to award the bids so work can commence by mid-July, and will take time for any one awarded the bid to receive the necessary permits for the activity.  That meeting, barring any schedule conflicts with board members, will take place on Wednesday, June 22nd at 10 am.


UCAT: The Town has been in storage for a number of years, an enclosed bus shelter provided by Ulster County Area Transit.  This shelter was slated for Phoenicia and several discussions have taken place over the years concerning its location.  After discussions with property owners and business owners, the Town is working out the details to locate the shelter on the corner of Ava Maria Drive and Main Street.  I am waiting for time from Paul Kellar, who has been extremely busy lately, to finalize language for the shelter to be placed on property owned by the Phoenicia Supermarket.  The hope is that this location will solve issues that arise when both UCAT and Trailways busses stop in the center of Town, as well as expose visitors to more of Main Street, Phoenicia.

Events: As we get closer to summer our events begin to roll.  On Friday, June 10th at 6pm, the Phoenicia PTA will be hosting a district-wide family night at the Phoenicia School.  The evening will feature Catskills’ Culture which will include music, storytelling, dinner concessions, and various displays.  If you haven’t caught the show yet, Shandaken Theatrical Society opened their production of INTO THE WOODS last weekend.  Shows continued at 8pm for the next two weekends (10th & 17th) with Sunday Matinees at 4pm.  This coming Saturday, June 11th starting at 10am is the annual Phoenicia Library Plant Sale, stop by to get greenery for your gardens and make a donation to a worthy cause.  Don’t forget to stop by the 26th annual Big Indian Car Show in Big Indian on Sunday, June 26th there are lots for the family to do while they peruse more than



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100 classic autos from all over the world.  Following the Car Show, grab a bite to eat at the fundraising BBQ for helping Hands of New York at the Black Bear Campgrounds on Bridge Street, Phoenicia starting at 4pm, also on the 26th of June, honoring John and Olga Zirinsky.


Councilman Jordan – The Memorial Day parade was well attended and you had a nice short speech, very nice.


Councilman Malloy – Recreation Meeting June 13th

Supervisor Stanley –  The Recreation Board  meets at 5:30 to go over their duties and responsibilities and the Recreation Meeting is at 6:30, both at the Town Hall.


Councilman Bartlett –  Pine Hill Water Board meeting June 23, at the end of Bonnieview Road at the reservoir at 6:15.


Committee Reports

Ambulance – Richard Muellerielle


Museum – Supervisor

No Report at this time, and we apologize for the motion appointing the museum director, but we only found out about this at 3pm on Friday.


Police – Councilman Bernstein


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Phoenicia Water – Alfred Peavy

The next meeting is the 15th Wednesday at 6:30 pm and will be held in the temporary Library.  More importantly we have the engineers report, all the board members have copies and I will print copies for the water committee tomorrow.  We will review them and make some decisions it is a lot if we do the whole thing it is a million bucks.


Cultural Events


Gary Gailes – Belleayre Music Festival Celebrating 20 years

We have a great line up this year we are kicking off on July 3rd with KD Lang on July 9th Tommy Tune Creedence Clearwater Revisited on July 16th , July 23rd we have Verdi’s ‘LaTraviata” and then starting July 29th is the Jazz Series with Ravi Coltrane, he is really fallowing in the footsteps of his dad.  The if you like Country Music we have Clint Black on August 13th and Mary Chapin Carpenter on August 20th and Bela Fleck and the Flecktones will wrap things up on September 3rd, so we have a variety of music for a great season.


Maria Todoro and Louis Otay – Festival of the Voice

Last  year we had about 3 – 4 thousand people in town and this year it will be a 4 day event with 18 things happening.  This year will be a decision making year as to whether we succeed or not.  We created this coalition Catskill Performing Arts Alliance with  Delaware and Green Counties.  This way we can work together and make decisions together, it is going to be a very good tool for us.


Louis Otay – Don Giovanni, the centerpiece of Phoenicia VOICEFEST, Aug. 4-7; August 6th performance, conducted by Met maestro Steven White, with international cast;  Gospel Diva Rozz  Morehead , Don Giovannim Woodstock Chamber orchestra and more.


Maria Todora – This year again the children at Onteora school will be working with Christina Varga a very well known artist in Woodstock on the official banners and posters.

More information can be obtained from www.phoeniciavoicefest.com


Councilman Malloy – I spoke to Verizon this week about putting up antennas in Phoenicia, they want to get away from the large towers and go with smaller ones on tops of tall buildings, they said that all they needed is the longitude and latitude so I gave him Phoenicia and I am waiting for him to get back to us.


Comment on Resolutions




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Regular Town Board Meeting

June 6, 2011

Motion by Supervisor Stanley to accept the Planning Board Secretaries resignation, seconded by Councilman Jordan, all in favor, motion carried.


Motion by Supervisor Stanley to appoint Brittiany Suto as Shandaken Historical Museum Director, seconded by Councilman Jordan, all in favor, motion carried.


Councilman Bernstein asked Councilman Jordan about installing an automated fire alarm in the museum, we don’t want to happen there, what happened to the Library.  (referring to the fire that the library had)




RESOLUTION 78                       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                                      $44,494.42

Highway Fund                                                $32,302.36

Phoenicia Water District                $  1,134.62

Pine Hill Water District                 $  2,308.76

Phoenicia Lighting District                 $    893.34

Chichester Lighting District               $    130.00

Pine Hill Lighting District                  $    515.60




Seconded By :  Councilman Jordan



RESOLUTION #79                OFFERED BY:  Councilman Jordan


WHEREAS, Pursuant to Section 20 of the Town Law it is the duty of the Town Board to appoint all employees of the Town, and


WHEREAS, at the present time the position of Planning Board Secretary is vacant,


THEREFORE BE IT RESOLVED that Patt Hughes be appointed Interim Planning Board Secretary,




Seconded by:   Councilman Malloy




RESOLUTION # 80                OFFERED BY:  Supervisor Stanley


WHEREAS, the position of Planning Board Secretary is vacant,

THEREFORE, be it resolved that the Planning Board advertise to receive applications

For a part-time secretary, (32 hours per month).




Seconded by:  Councilman Bernstein



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June 6, 2011


RESOLUTION # 81                     OFFERED BY:  Councilman Malloy


Coalition of Watershed Towns Representatives

WHEREAS, the Coalition of Watershed Towns (CWT) represents municipal partners throughout the New York City Watershed and


WHEREAS, terms are up for two executive members’ seats in the Ulster County area and


WHEREAS, the Town of Shandaken has been requested to vote through resolution of the Town Board of Shandaken to endorse candidates to fill these positions and


WHEREAS, these representatives must be sitting elected officials at the time of their election to the CWT Executive Board,


THEREFORE BE IT RESOLVED that the Town of Shandaken Town Board, through passage of this resolution, endorses the following elected officials to represent Ulster County on the CWT Executive Board:


Henry Rank, Councilman – Olive

Robert A. Stanley, Supervisor – Shandaken


(Alternate) Bruce LaMonda, Councilman – Olive




Seconded by:  Councilman Jordan




RESOLUTION # 82                      OFFERED BY:  Councilman Bartlett


WHEREAS, the Summer Recreation Program will be going on two field trips outside the municipality (Liberty Science Museum and Zoom Flume), and


WHEREAS, it is necessary to go out for bid for bus transportation for these field trips,


THEREFORE BE IT RESOLVED, that the Town Clerk advertise to receive bids for Busing for the field trips that the Summer Recreation will be taking, and


BE IT FURTHER RESOLVED, that these bids be received in the Town Clerk’s Office by 3:00 pm on July 11, 2011 to be opened and read aloud at the regular scheduled Town Board meeting on that date at 7:00 pm, and


BE IT FURTHER RESOLVED, that the Town Board reserves the right to reject any or all bids.




Seconded by:  Councilman Malloy




RESOLUTION #83                   OFFERED BY:  Councilman Bernstein


WHEREAS, the Town of Shandaken Highway Department is seeking bids for crushing of item 4 at the Town owned gravel bank, specifications are available at the Highway Superintendent’s Office, 7209 Route 28, Shandaken, New York or by calling 845-688-9901.


THEREFORE be it resolved that bids will be received at the Town Clerk’s Office until 3:00 PM on June 21, 2011, to be opened at a Special Town Board meeting on Wednesday June 22, 2011 at 10:00 am, and


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BE IT FURTHER RESOLVED, that the Shandaken Town Board reserves the right to reject any or all bids.




Seconded by:  Supervisor Stanley




RESOLUTION # 84                      OFFERED BY:  Councilman Jordan


WHEREAS, It is necessary for The Town Board to hold a Special Town Board Meeting on Wednesday June 22, 2011; at 10:00am at the Shandaken Town Hall,


THEREFORE be it resolved that a Special Town Board meeting be held to receive, and award the Stone Crushing Bid,




Seconded by:  Councilman Malloy & Bartlett




Public Comment


Peter DiSclafani – has an issue with some of the information that Supervisor Stanley gave to the Woodstock Times about him and the Higley’s.  You said, “That there was a deal struck for $2500 and I told Gina (Zoning Enforcement Officer) to rescind the citation.”  I never told the Zoning Officer to rescind the violation.


Supervisor – it is your word against hers


Mr. DiSclafani – exactly it is her word against mine, also there was not an exact deal struck, what was struck because nothing could be done, we said there would be a formal law which would be a compromise between what he had and what the current law was, that is all that was promised.


Supervisor – that is your word


Mr. DiSclafani – You were not at the meeting,


Supervisor – I know, none of the board was


Mr. DiSclafani – But there were plenty of people there.


Councilman Jordan – who up here (referring to the board) stands to benefit from the farm stand as it stated in your e-mails?


Mr. DiSclafani – I said, could have


Councilman Jordan – you said in your e-mail that someone would benefit from passing the farm stand law, would you like to explain that, publicly?


Mr. DiSclafani – Do you have a copy of that e-mail?


Councilman Jordan – No, not here.  Don’t you know what you said?


Mr. DiSclafani – no, not my exact words.





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Councilman Jordan – Who up here, would you say could benefit from the passing of a farm stand law?


Mr. DiSclafani – I feel that someone, maybe you, could benefit from passing the rezoning law.


Motion by Supervisor Stanley to adjourn in memory of Kathleen albano, Robert Munro, Claude Gossoo, Ann Ritter, Steven “Critter”Newman and Jerry Siegel, Seconded by


Motion by Supervisor Stanley to adjourn the Town Board Meeting, seconded by Councilman Malloy, all in favor, motion carried.


Motion by Supervisor Stanley to enter into executive session, for the purpose of discussing, a Police Department personnel matter, seconded by Councilman Jordan.


Executive Session


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


Motion by Supervisor Stanley to reopen the Regular Town Board meeting, seconced by Councilman Malloy, all in favor, motion carried.


No Action was taken in the Executive Session


Motion by Supervisor Stanley, seconded by Councilman Bartlett to adjourn the meeting, all in favor, motion carried.