March 7, 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 February 7, 2011 Town Board Meeting, seconded by Councilman Malloy, all in favor, motion carried.


Supervisor Stanley – Supervisor’s Report


Supervisor Stanley

Month OF 3/7/11

Flood: The very imminent threat that DEC has insisted does not exist in Phoenicia, came perilously close to a repeat last night. Although the Cold Brook Gauge did reach flood stage, it was a slow and steady increase, dissimilar to the floods of October and December past. Flood Stage peaked at 12.8 feet (1.8 feet above NWS flood stage) compared to the 18+ feet recorded in those previous events. Emergency crews were at the ready and we monitored the stream’s flow throughout the Town until early this morning. Ironically, the saving grace was the change-over to sleet, which did not improve the driving conditions, but helped retain the moisture from the hills. Thankfully we were able to avoid a State of Emergency, but there are still some treacherous areas including Silver Hollow where a washout is occurring and the road


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has been reduced to one-lane. Also, due to a substantial landslide, Peck Hollow in Shandaken is open to local traffic only. Please be careful while there is still potential for downed wires, limbs and obstructions to drainage areas. Eric and his crew have been working diligently to repair the area, but weather has hampered their efforts.

Tonight we have a resolution requesting the involvement of federal agencies to assist us in our efforts for flood mitigation. We have put out requests to these agencies, but it is our hope that this resolution illustrates to these agencies our commitment to getting work accomplished this year. We are hopeful that DEC in the coming days will come back to us with some response, but since our filing date we have heard nothing back.

Police: Tonight we have two resolutions; one is to renew the contract with the Town of Ulster for our Police to use their Firearms range. The other is to hire a highly qualified applicant in Tom Sharon as a part-time officer. Tom had an exemplary record while in the academy, and we believe he would make a wonderful addition to our force. Of course, there were others that had also requested work and although they too had outstanding qualifications and references, our budget restricts us to only being able to hire one applicant at this time.

Recreation: We have concluded a public hearing on this new law to create a Parks and Recreation Board. Outside of major changes to this proposed law, we should be adopting this. The hope is that this law would help standardize the Town’s approach and maintenance of its recreational holdings, secondly it gives a better outlet for discussions to specific recreational activities and improvements from a consolidated Town-wide perspective. If passed, we will put forward a motion advertising for the positions to fill the Board.

Assessors: We have a resolution tonight to re-appoint Nick Alba to the Board of Assessment Review.

Ambulance: It is the time for us to replace our oldest ambulance. We have rough idea of costs and would like to get harder figures on leasing and purchase. Rich has put together a specification sheet and we are looking to have prices by next meeting. We have funds budgeted for these expenses, as well as, creating the new capital reserve account designated for such expenses. We will make a decision based on those final figures.

Museum: Following last months meeting the Town was alerted someone was posting rather derogatory and demeaning comments on the “Town of Shandaken Historical Museum” Facebook page. Strangely enough the comments being posted were from the “Town of Shandaken Historical Museum.” After conferring with both the Museum and Town Board members that no one knew who was posting, we contacted the NY State Police. Their investigation concluded that Mary Herrman, former Museum Director, was posting these comments. Being a civil matter the Town attorney sent a letter requesting Mary to “cease and desist” her activities and we are requesting the passwords to administer this site. We are still awaiting this information. We are sorry for any inconvenience, and know that any comments posted by the “Town of Shandaken Historical Museum” prior to our being given the administrative passwords are neither authorized nor endorsed by the Town of Shandaken, any of its employees or representatives.

Presenters: We also have several presenters tonight. We have a representative from the American Cancer Society about an upcoming event. CWC is also here to update us on their to-date findings in Phoenicia and where we stand on a possible municipal waste system for Phoenicia. Peg Ellsworth was due to be here from the M-ARK Project to discuss efforts in assisting Pine Hill in their revitalization efforts, but she had a last minute conflict. We will have a resolution supporting her group’s efforts next month, as well as Peg will be here to explain what they hope to accomplish.

News of Note: Congratulations to the Onteora Boys and Girls Ski Team. The Boys team behind Jacob Combe, Jake Vanacore, Andrew Wilsey and Kealey Viglielmo placed third overall as a team in the NYS High School Alpine competition. Isabelle LaMotte and Rachel Castellano fared extremely well against the other state competitors and we look forward to a bright future for the Girl’s Team.

Congratulations to Storm Stanley and Shawn Spanhake of Highmount, who both qualified for the USASA Nationals Slopestyle competition in Copper Mtn., Colo. As I am not making the trip this year, I’d like wish them and any subsequent qualifiers the best of luck.




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Lastly, On Saturday, March 19th, is the 18th annual Pine Hill Arms Triathlon. This course takes you from a 1.2 mile ski to a 13 mile bike ride with a final 3+ mile run. This is a fun event attended by more than 150 participants, young and old alike. Enter as an individual or a team. This event winds from the top of Belleayre and through the Hamlets of Pine Hill and Highmount. Join us on the Overlook Deck to watch the skiers go by or await us at the finish line on Main St., Pine Hill. All are welcome.


Councilman Bernstein – Ulster County SPCA is sponsoring a low cost vaccination clinic

Saturday, April 9 from 10 AM to 2PM at the SPCA on 20 Wiedy Road, Kingston, NY

Rabies – $10.00   Distemper – $15.00 and Microchipping $35.00  for dogs and cats.  No Appointment necessary, Bring previous Rabies Certificate and for more information call  331-5377 x 216.


Kudos to Barbara VanBlarcum and Cali for placing best in female breed at the Westminster Kennel Club show.


March 22nd Councilman Night at the Shandaken Fire House 6:30 to 8 pm


Councilman Malloy – The Shandaken Eagles Basketball Team would like to thank you for supporting our Team this 2010-11 Basketball Season.   The Eagles are improving and having lots of fun!    We have been practicing at the Phoenicia Elementary School 1 – 2 days per week, and we have Basketball Games on most Thursdays at the Onteora MS/HS Gym in Boiceville.

Our Game Times are Thursdays at 7:00pm and our Practice times are Mondays 5 – 6:15 and Fridays 3:45 – 5:00.  We invite you to come and watch a game or practice anytime.


Councilman Jordan – Contacted Verizon in an ongoing effort to get cell phone coverage in Shandaken on our vacant tower.  I send them a copy of the letter that was sent to Morra’s Store and the Town subsequently got the same letter saying that if we wanted a pay phone, we would have to pay $75 per month because there is sufficient cell service in the town, which I found ironic.  I also sent them a copy of an article that was in the New York Times where President Obama was quoted in saying that he wanted wireless coverage nation wide.  They got back to me thanking me for my communication.


Councilman Jordan – Museum Board met Friday and from what I understand the security lights are working properly, they are working on some fund raisers to try to support their efforts.


Sue Bernstein – Phoenicia Library Book Sale will be at the Phoenicia Fish and Game Association, we have over 6,000 books!  Friday March 18 – Sunday March 20, Friday preview 7pm to 9pm admission $5, Saturday and Sunday book sale 10 am to 4 pm, most books only 25¢ to $1, better books (first editions, signed copies, rare copies ) individually priced, discounts for larger purchases.   Regularly priced books half price after 2 on Sunday, coffee and bagels for sale.  For more information google Phoenicia Library.


Gretchen Ray – the American Cancer Society, this year is the inaugural year for the Relay for Life at the Grant Avery Park in Shokan, New York, July 23 and 24th it is an overnight event.  We are inviting the Towns of Woodstock, Olive, Shandaken.  We are having a kick off event this Thursday at the Phoenix Room at the Emerson from 5:30 to 7 pm with goodies for a meet and greet and then we will have a formal meeting so that you can find out more about the Relay for Life and the American Cancer Society and what they are doing in the fight against the Cancer.


Presentation by the CWC Catskill Watershed Corporation with Lamont Engineering


Nate Hendricks – CWC

This is just the first in a series of Progress Reports for the Phoenicia Sewer Project to show the Town Board and the residents of Phoenicia just where we are.  We have studied everything in detail since last September when we came on board with this project and we will be reporting monthly until this September when we come back with a proposal for Phoenicia.


Henry Lamont – Lamont Engineering

We said that we would start the review with a study of the least complex alternative for dealing with wastewater.  The first thing we did was look at a septic maintenance district.

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A Septic Maintenance District is a management structure that provides the Town with a legal authority to take responsibility for private onsite wastewater system serving private properties. As we said then that would give us the most economical alternative if the circumstances are near optimal and should be considered first among all options.  The second thing in this hierarchy of simple to complex answers to the situation is a community septic system.  This is where a cluster of houses would have one large community septic and beyond that would be a combination of those two things or a combination of all three management structures.   So today we have looked at the Septic maintenance district and the Community septic system options and that is what we wanted to report on in this specific setting in Phoenicia.   Julie Barrone a Professional Engineer did the yeomen’s work on this portion of the study.


Julie Barrone – Lamont Engineering

Julie presented several maps that they had developed with the help of Ulster County GIS mapping.  The first thing we wanted to look at is a Septic maintenance district, we have developed a Septic limitations map in order to determine if a Septic maintenance district is feasible, we need to consider if the properties in the area could contain onsite septic systems, considering the constraints and requirements of the DEC and DEP.  Those requirements are:  Lot size, you need a lot large enough to handle a septic system and you also have to look at the soil type, some soils are slower and some are faster.  The septic system has to be out of the 100 year flood plain.   The system has to be outside of the 100 foot buffer for waterways.  It cannot be on a slope greater than 15%, greater than 15% would increase the chance that it would fail.  In consideration of soils, sometimes the soils are just inadequate for a subsurface system.

Ms Barrone went through and explained each map showing the areas that would be acceptable for an in ground septic system, what it all boils down to is 51 of the 345 parcels in the proposed sewer district would be able to do a standard septic system that is 15%, 85% would not be able to do an onsite standard septic system.   We then looked up to 2 miles outside of the proposed district, explaining the map, she said that there were no sites outside of the proposed district that were suitable for a septic maintenance district.


Kathy Nolan asked if a modern biological system could be used on the properties that were not adequate for a septic system?


Ms. Barrone – In the watershed area those type of systems could be used on an undersized lot, but you could not use one of these systems and then do a surface discharge, that would be out of the question.   The could be used for subsurface discharge within the constraints of the DEP protocol.


Kathy Nolan went on to say that the problem with the conventional systems in the watershed, they don’t clean the water by taking out the pharmaceuticals, hormones, heavy metals, etc.


Ms. Barrone stated that this area is not a suitable area for such technology.


Eric Hanson – So what you are saying is that the Septic maintenance system is not a good idea.

And I see that you are using the proposed district from the other firm, is that going to be expanded to Chichester or High Street.


Ms. Barrone said that the district boundaries have not been discussed and we did not go as far as Chichester in our study.


Supervisor Stanley said that Chichester is over their spedies permit, and asked if Lamont Engineering and CWC representatives would be available for questions later.


Nate Hendricks said that Lamont is in Cobleskill and we are in Margaretville and the more questions at this time will enable them to narrow down their study.  We will be back at the June Board meeting and then monthly until September.


All maps will be left with the Town Clerk and available for inspection on request.

Supervisor – Thank you all

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Ambulance Report – Rich Muellerieile




Police Report – Officer in Charge James McGrath

Total Complaints 153   6 Arrests and Patrolled 6,849 miles

No Copy provided


Pine Hill Water – Councilman Bartlett

We will have a Pine Hill Water Board meeting on Thursday March 31st 6:30pm at the community center.





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Public Comments on Resolutions

Eric Hansen – I like Resolution #61, but you are asking them to look at the whole creek not just Phoenicia, right?     Supervisor – Yes


Rose Dorn – Would like copies of the financials every month, she also wanted it on the web site, but Supervisor Stanley said that it was a lot of work and we were not going to do that.


Rose Dorn – Resolution #58 says that a police officer will enforce all laws of the Town of Shandaken, can you explain to me why special use permits are not being enforced or other zoning laws, all laws of the Town of Shandaken.    Supervisor – the Police are to enforce all of the laws.    Ms. Dorn – there are businesses in violation of special use permits and they are aloud to stay open.   Can you tell me why these laws are not being enforced.   Supervisor the Police are enforcing all of the laws.    Ms. Dorn – Oh yah, well we will see about that.



RESOLUTION #55 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                                      $  77,603.92

Highway Fund                                                $  66,962.06

Phoenicia Water District                     $   2,902.97

Pine Hill Water District                      $     449.51

Phoenicia Lighting District                 $   1,096.18

Chichester Lighting District               $     147.25

Pine Hill Lighting District                  $     605.73

Morton Memorial Library                   $  24,829.00

Phoenicia Fire District                        $ 251,017.00

Big Indian Fire District                       $ 102,000.00

Pine Hill Fire District                          $  42,000.00

Highmount Fire Protection Dist.        $  46,400.00




Seconded By :  Councilman Jordan




RESOLUTION # 56 OFFERED BY:  Councilman Jordan


WHEREAS, The Town Board held a public hearing on this date to hear all those present on the adoption of a Local Law to create Chapter 38 of the Town Code of the Town of Shandaken and this chapter shall be known as the “Town of Shandaken Parks & Recreation Board”.


THEREFORE be it resolved that the Town Board adopt the above captioned local law as Local Law # 1 of the year 2011 and be it


FURTHER resolved that the Town Clerk file Local Law # 1 with the Department of State.




Seconded by:  Councilman Malloy



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Copy of Law

Town of Shandaken Parks & Recreation Board

§ 38A -1.         Board Established

A Board is hereby established which shall be known and designated as the “Town of Shandaken Parks and Recreation Board.”

§ 38A -2.         Powers and Duties

A.      The Town of Shandaken Parks and Recreation Board shall help preserve, promote, maintain and expand the recreational offerings of the Town of Shandaken.

B.      In addition, the Board shall:

(1)     Upon request, be provided up-to-date records of the Town’s finances concerning Parks and Recreation.

(2)     Discuss courses of action regarding recreational activity offerings of the town including Summer Recreation programs and other activities sponsored by the Town of Shandaken.

(3)     Look at areas for expansion of recreational activities within the Town.

(4)     Compile detailed information to promote the Town and its recreational offerings.

(5)     Create and review (every five years) a “Parks and Recreation Comprehensive Plan.”

(6)     Assist in interviews for prospective Town Recreational Employees and make recommendations.

(7)     Periodically review recreational fees paid to the Town and recommend changes.

(8)     Coordinate actions, including grant applications,  with the Ulster County Youth Bureau

(9)     Research possible funding sources for any recommendations.

(10) Make recommendations regarding parks and recreation issues within the Town to the Town Board for their consideration.

§ 38A-3.          Compensation and Reimbursement

The members of the Town of Shandaken Parks and Recreation Board shall receive no salary or compensation for their services as members of this  Board but shall, with the consent of the Town Board, be reimbursed for their actual expenses incurred in the performance of their duties as members of said Board.

§ 38A-4.          Attendance

Any member, without good and sufficient reason, who fails to attend three consecutive, regularly scheduled monthly meetings shall be notified by the Chair of the Parks and Recreation Board that the situation is being sent to the Town Board for review. Any new appointment shall be in accordance with §38-5.

§ 38A-5.          Appointments and Terms of Office

A.      The members of the Board will be appointed by the Town Board of Shandaken for a period of three years. Initially, terms of office shall be based on one (1) (Chairperson) one-year term, two (2) (Smith and Big Indian Park Managers) two-year terms and two (2) (Glenbrook Park and Parish Field Park Managers) three year terms. Thereafter position(s) will be for a three-year term, except in those cases where a vacancy occurs by reason of death, resignation or otherwise, whereupon immediate written notice shall be given to the Town Clerk by the Chair of the Board. A person shall thereafter be appointed by the Town Board to fill the vacancy and said person shall serve the remainder of the unexpired term of the position vacated.

B.      Annually, one or more vacancies will occur on the Parks & Recreation Board and will be filled as follows:

(1)     The vacancy(ies) will be advertised in October of the calendar year in which the term(s) end(s).

(2)     The Parks & Recreation Board will conduct interview(s) of the candidate(s) in November. All Town Board members both currently serving and “elect” shall be invited to attend.

(3)     Recommendation(s) of the Parks & Recreation Board will be presented to the Town Board in December.

(4)     The Town Board will vote on the candidate(s) in January.


C.      Any vacancy occurring outside of the annual appointment process shall be filled as soon as practical, provided the same procedure of vacancy advertisement, interviews and recommendation to the Town Board is followed.

§ 38A -6.         Meetings

A.      The Vice Chairperson and Secretary for the ensuing year shall be elected at the first regular meeting of the Parks and Recreation Board.

B.      The regular meeting of the Parks and Recreation Board shall be held on the first Wednesday of each month at 7:00 pm in the Shandaken Town Hall unless otherwise determined in advance by the majority of the Parks and Recreation Board. The Board may vote to schedule workshop meetings at any of the parks in the Town one week prior to or following their regular monthly meeting.

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§ 38A -7.         Quorum and Voting

A.      A quorum shall consist of a majority of three voting members of the Board. In the absence of a quorum, the only action that shall be taken is to call a special meeting at a subsequent date.

B.      Each of the five voting members properly appointed and present shall be entitled to cast one vote. Each formal action of the Board, required by law, rule or regulation shall be embodied in a formal resolution (motion, second and vote tally) and entered in full in the Minute Book after the vote, as provided.

C.      Recusal: In the event that any member present shall have a financial interest of any kind or otherwise, direct or indirect, in a matter before the Board, s/he shall recuse her/himself, and the Secretary shall so record in the minutes that said member was recused and no vote was cast by the recused member(s).

§ 38A-8.          Proceedings

All meetings of the Parks & Recreation Board shall be conducted in accordance with Robert’s Rules of Order and as herein provided for. The order of business to be followed at any regular meeting of the Board shall be in the order listed below:

(1)     Roll Call

(2)     Acceptance of Minutes

(3)     Reading of Communications

(4)     Old Business

(5)     New Business

(6)     Adjournment

§ 38A-9.          Public Hearings

Proper legal notice of all public hearings and each formal action required by law shall be made in accordance with the appropriate provisions of the Town law.

§ 38A-10. Officers and Managers

A.      The officers of the Board shall consist of a Chairperson, Vice Chairperson, Secretary and four different “Park Managers.” The Chairperson and “Park Managers’” terms shall run consistent with their terms in office. Vice Chairperson and Secretary shall serve a term of one year starting at the Board’s first regular meeting of the year and expiring in December.

B.      The duties and powers of the officers of the Parks and Recreation Board shall be as follows:

(1)     Chairperson. The Chairperson shall:

(a)     Not be a Park Manager.

(b)     Preside at all meetings of the Parks and Recreation Board.

(c)     Call special meetings in accordance with Town laws.

(d)     Sign all official documents, as required by law, or rules or regulations that are approved by the Board.

(e)     See that all reports, documents and actions of the Parks and Recreation Board are properly made, executed and filed or taken, as the case may be, in accordance with Town law and the rules and regulations of the Board.

(2)     Vice Chairperson. The Vice Chairperson shall:

(a)     Be a Park Manager.

(b)     During the absence, disability, disqualification or recusal of the Chairperson, the Vice Chairperson shall exercise or perform all the duties and responsibilities of the


(3)     Secretary. Secretary shall:

(a)     Not be Chairperson.

(b)     Not be required to be a voting member of the Board.

(c)     Attend all meetings of the Parks and Recreation Board to record and transcribe the minutes of same in an appropriate minute book by the following meeting.

(d)     Serve all notices required by law or these bylaws to the Town Clerk for advertisement.

(e)     Serve as custodian of the records of the Parks and Recreation Board.

(f)      Attend to all official correspondence of the Board, as directed by the Chairperson.

(g)     Shall, with the approval of the Chairperson, schedule presentations or speakers for upcoming meetings.

(h)     Shall, with approval of the Chairperson, present meeting agenda, including a list of presentations or speakers, to the Board a minimum of three days in advance of any meeting.

(i)       Any other duties that shall be assigned by the Parks and Recreation Board.

(j)      Pass all appropriate documents and the Minutes Book to any successor.

(4)     Park Manager. Park Manager shall:

(a)     Not be Chairperson.

(b)     Represent only one of the following parks: Smith Park, Big Indian Park, Glenbrook Park and St. Francis De Sales Parish Field.


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(c)     Annually provide an assessment of park amenities and recommendations for resolution to any problems.

(d)     Annually provide ideas for improvements at their respective park.

(e)     Monthly provide up-to-date reservations or activities/festivals planned for their park.

(f)      Notify the Town of Shandaken Superintendent of Highways, or his designee, of any potential threats or hazards within their respective park.

(g)     Coordinate park clean-up and maintenance with the Town of Shandaken Superintendent of Highways, or his designee.

(h)     Promote local community involvement for their respective park.

(i)       Monitor reservations of park pavilions or grounds (i.e., collection of funds and post-event inspections).

(j)      Shall keep an accounting of balances in Town accounts specific to their park.

§ 38A-11.  Reports

A.      Each Park Manager shall, in writing each April, report on the status of all park apparatus within their respective parks titled “Annual Report”. The Chairperson will compile these into a “Comprehensive Parks Assessment” and forward this to the Town Board prior to their regular May meeting.

B.      The Board may also choose to submit, at any time, recommendations for any of the Town Parks or Recreational Programs. Any recommendation shall be accompanied by a financial assessment showing the impact if the recommended action is taken by the Town Board.

C.      The Town Board shall respond, in writing, to any formal recommendation received by the Town Board from the Parks and Recreation Board. Any Town Board response shall be made, accepting or denying any recommended action(s), within sixty calendar days of receipt of recommendation(s) from the Parks and Recreation Board.

§38A -12. Amendments to Bylaws

A two-thirds vote of the members present shall be required to recommend an amendment to these bylaws. These bylaws may only be amended by a resolution approved by a majority vote of the members of the Town Board.

§38A -13. Recording of Local Law

This local law shall take effect upon filing date of same with the NYS Secretary of State.


Motion by Supervisor Stanley to Advertise for Volunteers for the Park & Recreation Board, Chairman and Park Managers, applications due by March 28th at 3:00 pm, seconded by Councilman Bartlett, all in favor, motion carried.


RESOLUTION # 57 OFFERED BY:  Supervisor Stanley


WHEREAS, the Town of Shandaken Police Department has entered into a contract with the Town of Ulster to use their Firearms Range,


THEREFORE BE IT RESOLVED that the Supervisor be authorized to sign this contract with the Town of Ulster allowing the Town of Shandaken Police Department to use their Firearms Range.




Seconded by:   Councilman Jordan




RESOLUTION #58 OFFERED BY:  Councilman Malloy


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 Thomas Sharon as a Part-time Police Officer to receive compensation as per the 2011 budget. and


BE IT further  resolved  that said police officer 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:

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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.


A.  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.




Seconded by:   Supervisor Stanley




RESOLUTION # 59                    OFFERED BY:   Councilman Bartlett


WHEREAS, that the Town of Shandaken Town Board is seeking bids for a


WHEREAS, Bid specifications will be available at the Shandaken Town Clerk’s Office, 7209 Route 28, Shandaken, New York 12480 or by calling 845-688-5004.


THEREFORE BE IT RESOLVED, Bids will be received in the Town Clerk’s Office by 3:00 PM on April 4, 2011, to be opened and read aloud at 7:00 PM on that date at the Regular Town Board Meeting.  The Town Board reserves the right to reject any or all bids.




Seconded by:   Councilman Malloy


ROLL CALL   5 Ayes


RESOLUTION # 60                    OFFERED BY:  Councilman Bernstein


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


THEREFORE be it resolved that Nick Alba be reappointed to the Assessment Review Board to September 30, 2015,




Seconded by:  Councilman Jordan


ROLL CALL   5 Ayes


RESOLUTION #61                        OFFERED BY: Councilman Bernstein


Resolution Requesting Federal Involvement in Flood Mitigation Efforts

WHEREAS all the streamside communities in the Town of Shandaken, Ulster County, New York are being subjected to property damage and loss as a result of massive flooding at recurring levels never before experienced, and




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WHEREAS there is strong concern among residents, business owners, school officials and emergency service personnel that the local streams and its tributaries are being inundated with infill as a result of sediment deposition from bank erosion which decreases channel depths thereby increasing the potential for flooding, and


WHEREAS the Esopus Creek and its tributaries have long been a well known destination for a variety of recreational activities including: fishing, canoeing, kayaking, tubing and swimming; and these activities are vital to the economic and social well-being of the Town of Shandaken and


WHEREAS it has been well documented that over the past decades the Esopus Creek and its tributaries have become excessively and frequently turbid and heavily laden with sediment and there are several areas of severe bank erosion due to losses of stabilizing vegetation and soils, and


WHEREAS the New York State Department of Environmental Conservation (NYSDEC) have made extremely limited efforts to mitigate the concerns of residents and business owners that reside along the waterways relating to stream management, flooding and property loss, and


WHEREAS there is a desire in the local community to bring federal attention to issues of on going concern such as; degradation of water quality, degradation of fish habitat, accelerated loss of streamside vegetation and increased frequency and volume of flooding,


THEREFORE BE IT RESOLVED that the Town Board of the Town of Shandaken requests the involvement of federal agencies including, but not limited to: the U.S. Army Corps of Engineers, the National Resource Soil and Water Conservation Service and the Environmental Protection Agency. The Town Board further requests a response from these agencies based on sound science and common sense regarding the environmental impacts on the watershed’s soil, vegetative, riparian, water and fisheries resources due to what the Town Board of Shandaken deems as a lack of stewardship by the NYS-DEC and overburdening regulations by New York City Department of Environmental Protection.




Seconded by:  Councilman Jordan




Public Comments

Mary Herrmann – stated that the Face Book matter was not a Town of Shandaken face book page, it was opened from my personal face book account as people that are in face book are aloud to have fan pages there were two people that were administrators of that account, my self and Carly Stevens, so it was never determined that I was making those postings.  I was called by a State Police Officer, that told me that there was no investigation because it wasn’t their jurisdiction but, since I had had problems with a member of the Planning Board giving out my name to people and telling them that I was a hooker, that he was giving me a fyi call and he told me about the problem.  I called every member of the Town Board that day about the museum lights and Vinnie was the only one that called me back, the only one was Doris’s phone that did not have a machine on, there was no answer.   So, I let it go, I did not think too much about it, on Friday I e-mailed Carly.  On Friday I received a letter from the Town Attorney, I called him up and I explained to him and I explained to him that last year the Town of Shandaken cut my salary by 32% and gave every other town employee a 3% raise, I ended up doing a lot of work on my own time, I even wrote a book to donate the money to the Town of Shandaken for the museum, on my own time.  Katherine Greenberg told me that you told her Rob, that job one was to get rid of Mary Herrmann and every since then I have received nothing but problems and harassment from the Town Board.   In June I asked the museum board to please help me with all of these matters that there was too much work to be done in 12 hours per week at $10 per hour and if they were going to have meetings to tell me what to do, then I thought that they should be a working board they did not want to do that, they did not want to be bothered to be at the museum on weekends.  So the museum board voted to close the museum.  Then I sent an e-mail to the Supervisor stating that I was resigning because there was no help.  My blood pressure was

Page 12

Regular Town Board Meeting

March 7, 2011


up and I was distressed last year, and the only reason I sent that e-mail was because they board would not help me and they voted to close the museum.   Now in retrospect I look back, how does this volunteer board, this committee have the right to open or close the museum.   What I should have done is stand my ground.   When they did have a meeting, they made me leave and go home while they voted whether or not to put me on the museum board, which I found out that was illegal, and in spite Nancy Smith voting no, they voted to put me on the board.   So I insisted that they have legal meetings, which means that they are advertised and they are open to the public, before that they wanted to have meeting and not have the director there.  Oh, and they have been operating as a not for profit and when I looked for the papers, I did not find them, they never filed for not for profit.   Now, we were working for the charter, Richard Bennett was the Chairman and he was having legal meetings.   The first of the year I am watching the Town Board meeting and found out that I was not reappointed, why was that, because Nancy Smith said that there was not an assistant Historian, because as Director, that was my legal title.   So I called the Town Attorney and explained face book to him, he did not understand it and directed him where to go for help, this whole thing was discussed with him and it was taken care of.

Then two weeks before I get thrown off the board, I am asked to let the electrician in to fix the security lights, but they are not security lights, lights that stay on from dusk till 10 pm are not security lights, security lights are motion lights that come on when some one or thing pass by.

These so called security lights shine into my house so that it glows orange.  I have to get black out drapes for my living room and bed rooms.  This is just part of the ongoing harassment.


Kathy Nolan stated that she too was distressed about the museum, when the one person that lived in Pine Hill that wanted to help at the museum is being denied that right and was taken off the museum board.  This was wrong.   She went on to say that the museum needs lots of help and a why to get that help is to let the people work that want to work.  I would like to go to the meetings and help out, but the meetings are not posted like they should be.


Eric Hanson had a suggestion since the sewer maintenance district was rejected for Phoenicia that Shandaken was next in line and the sewer line would run up Route 28 and Route 42 to Pine Hill.   Supervisor said that he was a little premature.  When that happens, then we will pursue it at that time.


Mike Ricciardella said that he was talking to John Ryan of Verizon and they could put something on a pole by the Verizon building in Phoenicia and all of Phoenicia would get cell service.  If that is the case, why can’t we put it on all of the poles along Route 28, why can’t we do that.

Supervisor, I will talk to John Ryan, but we have gone round and round with Verizon and have not got anywhere.

Mary Herrmann said that on her tax bill it is an 11% increase, how come on the web site it says that every ones taxes only went up 4 or 5%.  But, having gone to school for accounting, I looked into this a little and when you add up all of the taxes, the bill only went up 5%.   Supervisor that is what I was saying.


Marge Lloyd – I would like to sit down with you and Doris, to discuss the tax bills, I spoke to the town accountant and he explained it to me so I want to talk to you about it.


Marge Lloyd – would like Make Check Payable to:  and who to make the check to on the water bills.  Gitter kept the Pine Hill water company, and I believe this is the Pie Hill Water District.

Supervisor – I will speak to Ginger tomorrow.


Councilman Bernstein asked Eric Hofmeister about the equipment that they received from Stewart.


Motion by Supervisor Stanley to adjourn the meeting in memory of Thomas Alba, Albina “Babe” Bowser, Edith Rotella, Mike Ballentino and Tim Shields, motion seconded by Councilman Bernstein  All in favor, motion carried.