November 9, 2011

7:00 pm

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

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


Pledge of Allegiance to our flag

Roll Call


Motion by Supervisor Stanley to accept the minutes from October 3rd Regular Town Board meeting and October 18th Special Town Board meeting, seconded by Councilman Bartlett, all in favor, motion carried.


Supervisor’s Report- October 2011

Town Board Topics and Activities

Page 2

Regular Town Board Meeting

November 9, 2011

Saturday November 12th at 1:00, there will be a recognition luncheon honoring Jane and Jay Jacobs and the Timberlake Foundation for monetarily assisting residents that had serious flood damage.  Johnny Rocco’s will be providing the food, the only expense to the Town will be to provide the recognition plaque, everything else will be provided through private donations.


Next month the Catskill Center will be presenting an application for the Scenic Byway designation.  The application which was received on DVD will be placed on the Town Website for everyone to inspect.  There will be a resolution of support at next month’s meeting and Peter Manning and Alan White will be presenting pros and cons on the project.

Page 3

Regular Town Board Meeting

November 9, 2011


Councilman Bernstein –  November 11th there will be a Veterans Day ceremony at the Eagle at 11:00 am with refreshments following at the Post.

The Catskill Mt. Classic Car Club will host their annual Christmas for Kids this Sunday November 13th from 12:00 to 3:00 at the Big Indian Fire House they are looking for cash or toys and they will be distributed to local children here and Marylou Stapleton is the contact at 254-4238.

Phoenicia Library will hold a community meeting on Thursday, November 17th at 7:00 pm here at the Town Hall to give an update on the rebuild and would like your input.

I would also like to thank the voters for their support for the next four years.


Councilman Jordan – Congratulations to all who ran.

Gary Carr and myself met with people from the school system and the Phoenicia School will be an evacuation site, in case we every have to go through a disaster again, the only thing we need to do now is find generators for emergency use, the fire chiefs need to contact me.


Supervisor & Town Board – Presentation to Gary Carr for 20 years of Service to the Town of Shandaken Ambulance Department – Plaque given to Gary.

Gary said, “it was a pleasure and a good feeling, I have enjoyed it and hope to do a lot more, Thank you”.


Catskill Center

Meridith Taylor – of the Invasive Species Partnership

This beetle was discovered in Ulster County two years ago, and we are working as a partnership with the communities to identify the problem, volunteering to do inventory of Ash trees on public and private properties.

Emerald Ash Borer
Emerald ash borer (EAB), Agrilus planipennis Fairmaire, is an exotic beetle that was discovered in southeastern Michigan near Detroit in the summer of 2002. The adult beetles nibble on ash foliage but cause little damage. The larvae (the immature stage) feed on the inner bark of ash trees, disrupting the tree’s ability to transport water and nutrients. Emerald ash borer probably arrived in the United States on solid wood packing material carried in cargo ships or airplanes originating in its native Asia. Emerald ash borer is also established in Windsor, Ontario, was found in Ohio in 2003, northern Indiana in 2004, northern Illinois and Maryland in 2006, western Pennsylvania and West Virginia in 2007, Wisconsin, Missouri and Virginia in summer 2008, Minnesota, New York, Kentucky in the spring of 2009, Iowa in spring of 2010, and Tennessee in the summer of 2010 .


Elizabeth D’Auria – We walked around Phoenicia and Pine Hill and we counted the Ash trees, we gathered their information on size, age, if possibly infested and location.  Holding up a maps of Pine Hill and Phoenicia they found about 98 Ash trees located in Pine Hill and about 30 Ash trees in Phoenicia.  We are not just leaving you with a map of trees located on it, we are here to help you continue the program and decide what to do with a tree that is infested.   Once a tree is infested it takes about two years for it to die.  You have options of taking the trees down or treating the trees with inoculations of pesticides by a certified Arborist .


Audrey Crop – I am working on the Emerald Ash Borer Community Support Project, we are developing a task force and our next meeting will be in January and we would love it if the Town Supervisor could attend.   This task force is developing ways that they can help alleviate the expense to communities by involving County and Town Highway Departments, local concerned citizens, and community groups to help deal with the Emerald Ash Borer.  Part of the task force is to help you develop a plan or written document on how your community will deal with the Emerald Ash Borer.  We are developing a list of Tree Specialists and we would like the Town Board to establish leadership or a person to be a liaison with me, to keep up with the current correspondence and information on this problem.     We can coordinate training for employees such as chainsaw training and we can coordinate other informational meetings if necessary.


Councilman Jordan asked about the purple traps that he has seen in Delaware County.


Page 4

Regular Town Board Meeting

November 9, 2011


Ms Taylor said that there are about eight thousand traps across the state and they are an early detection although not to effective they are improving.   The purple traps were used in Albany and Orange counties to detect the Emerald Ash Borer this year, but in Saugerties they were up for several years before any were detected.

Councilman Bernstein asked about the inoculation of the trees.

Ms Taylor said that this is effective it is Emamectin Benzoate Pesticide if inoculated will last about three years and then it has to be re-inoculated.  The cost is about $12 per inch of diameter of the tree.  People tend to want to save the older larger trees, but a healthy young tree is a better candidate.  If untreated, it is inevitable that we will lose all of our Ash Trees.


Discussion on treating and saving the Ash Trees.


Ambulance Report – Rich Muellerleile

October 2011 Report

Total calls received- 33

Total calls Belleayre- 0

Mutual aid given- 2 (Town of Lexington)

Mutual aid received- 0

Total expenses / revenues- Per Town Board Financials

With colder weather becoming more prevalent please be cautious while using alternative means to heat your homes. Woodstoves, fireplaces, vent less heaters, pellet stoves, and electric radiators pose a risk for burns particularly to youngsters if not isolated and protected in common areas. Some types of heaters also heighten the risk of carbon monoxide poisoning if improperly vented so ensure that they are installed and serviced by a professional. If you haven’t already- purchase a carbon monoxide detector and remember to change the battery every time you change the clocks forward or back!

Our busy season is approaching and to prepare the Ambulance Service is welcoming a few new faces and bidding farewell to a few whom have moved on or have become increasingly inactive. Tonight there will be a resolution hiring an Ambulance Driver, and an Ambulance Technician whom will contribute to filling those voids left by individuals inactive or leaving the roster. A warm welcome goes out to Wendy Grossman, and Kevin McGee whom will start training tomorrow pending the outcome of the resolution.

Stay Safe Out There,

Richard W. Muellerleile, NREMT-P, CC

Captain/ Administrator, Town of Shandaken Ambulance Service

Museum – Councilman Jordan

The Museum board will reconvene next spring,  they are looking for a new director and they would like to have a joint meeting with the Town Board.


Phoenicia Water – Alfred Peavy

I would like to bring to the Town Board’s attention that the system is in need of repairs since the flood and we are also incurring additional costs we have spent $4,000 on filters since the flood because there is so much sediment and turbidity in the water.  We really need to look at the water system seriously,  we were working on it and it got pushed to the back because of the flood, but we really need to get working on it again.    Our next meeting will be Wednesday,  the 16th 6:30 at the Library.

Commissioner Ricciardella added that filters cost about $200 each.






Page 5

Regular Town Board Meeting

November 9, 2011


Police – Councilman Bernstein








Recreation – Heather Roberts

I want to Thank Tina Rice for volunteering her time to go to Belleayre to arrange the Winter Program and a mailing will be going out soon on that.   We also updated our Park Permits, we also changed the process and now all parks are reserved through the Town Clerk’s Office.

Turkey Trot – 16 more days until the First Annual Phoenicia Turkey Trot, it is a two mile walk, run, wobble or gobble through scenic Phoenicia, it is $10 for registering per person or $20 per family and all of the proceeds go directly to the Phoenicia Library.   We encourage teams, the team with the most finishers will get $250 for their organization.  All registrants will be automatically entered to win a free bicycle from Over Look Mt. Bikes, I also want to thank all of the Main Street businesses for their

donations to help pay for the t-shirts.

Page 6

Regular Town Board Meeting

November 9, 2011


Town Clerk – Laurilyn Frasier

Food Pantry Letter




Bike Ride –  On Columbus day week end we raised over $1800 with the help of the Catskill Mt. Velo Club and others to purchase bicycles for children that lost them in the flood.


Comments on Resolutions


Kathy Nolan – budget – the line for legal was reduced, I wonder if you could tell us what cases are pending and why did it seem reasonable for you to reduce that line.   The seconded thing is the Good Neighbor Fund, which is not a line in the budget, but can you give us a status report on it.

Supervisor Stanley – the Good Neighbor Fund, I don’t have the figures in front of me, so I am not going to be misquoted.  I can have that for you tomorrow.  As far as litigation, Crump Hill and Windy Ridge that are on going.  The line was reduced because we did not use it all this year, so this is one place we cut to tighten the ship.


Motion by Councilman Bernstein to sell the 2002 Ford Ambulance, the bids will be received by the Town Clerk until 3PM on December 5th, to be opened at the regular meeting that night and the Town Board reserves the right to reject any and all bids, seconded by Supervisor Stanley, all in favor, motion carried.



RESOLUTION  #135 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                                                    $    83,915.29

Highway Fund                                                   $   135,437.76

Phoenicia Water District                                $      6,546.27

Page 7

Regular Town Board Meeting

November 9, 2011

Phoenicia Lighting District                             $        949.87

Chichester Lighting District                           $        136.04

Pine Hill Lighting District                                $        543.65

Pine Hill Water District                                   $        152.74




Seconded By :  Councilman Jordan


ROLL CALL      5 Ayes


RESOLUTION # 136 OFFERED BY:  Councilman Jordan


WHEREAS, the Town of Shandaken Town Board held a Public Hearing on this date at 6:00 PM to hear all those present on the 2012 Amended Preliminary Town Budget.


THEREFORE BE IT RESOLVED, that the Town Board adopt the Amended Preliminary Budget as the Town of Shandaken=s Annual Budget for 2012, and


BE IT FURTHER RESOLVED, that a copy of the Amended 2012 Annual Budget be filed with the County of Ulster.




Seconded by:  Councilman Malloy


Roll Call 5 Ayes


RESOLUTION #137 OFFERED BY:  Supervisor Stanley


WHEREAS,  the Town of Shandaken is in need of a Building Inspector @ 14 hours per week, $12.80 per hour and a Zoning Enforcement Officer @ 14 hours per week, $12.80 per hour,


THEREFORE be it resolved, that the Town Clerk advertise for these positions, and


BE IT further resolved, that a letter of intent and resume should be sent to the Town Supervisor, Robert A. Stanley, P O Box 134, Shandaken, New York or e-mail, by 3pm on December 15, 2011.




Seconded by:  Councilman Jordan


ROLL CALL     5 Ayes


RESOLUTION #138 OFFERED BY:  Councilman Malloy


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 Bernstein


ROLL CALL   5 Ayes




Page 8

Regular Town Board Meeting

November 9, 2011


RESOLUTION #139 OFFERED BY:  Councilman Bartlett


WHEREAS, The Town Board advertised to receive bids for Town Wide Signage, including , Welcome Signs, Small 7 Large, Informational Signs, Small and large and a Large Placard sign,


THEREFORE be it resolved that this bid be awarded to_______________________________


for the bid price of $___________.




Bid Opening

2 Bids Received

W. S. Sign Design Corporation

West Springfield, MA

Kurt Boyer Design

Phoenicia, NY


Motion by Councilman Bernstein to table #139,  until we can discuss this further and find out more information, seconded by Councilman Bartlett, all in favor, motion carried


RESOLUTION #140 OFFERED BY:  Supervisor Stanley


WHEREAS, the Town Board advertised, to receive bids, for the repairs to the Glenbrook Park Pavilion.


THEREFORE be it resolved that this be rebid, with specs available@ the Town Supervisor’s Office, bids will be received until 3PM on December 5th in the Town Clerk’s Office, to be opened at the regular Town Board meeting on that date.




Seconded by:  Councilman Bernstein


ROLL CALL     5 Ayes


RESOLUTION #141 OFFERED BY:  Councilman Jordan



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:


Kevin McGee, Part Time EMT: $66.20 per 12 hour shift, & 29.79 per trip


Wendy Grossman, Ambulance Driver$49.65 per shift, $25.38 per trip




Seconded by:  Supervisor Stanley


ROLL CALL   5 Ayes


Public Comment


Kathy Nolan said that she has spoke to several of the Town Board members and for people that are doing repairs from the flood damage.   It would be nice to wave the fees and paper work for these victims.

Page 9

Regular Town Board Meeting

November 9, 2011


Supervisor Stanley said that building permits are necessary for rebuilding and the inspection is necessary.   We have had only one person complain of a hardship and that fee was waived.  I have to say that complaining on facebook is not the proper place.  Facebook is not the complaint department of the town.  If they have a complaint, it is called, calling the Town Hall or calling the Building Department and giving an explanation.


Mike Keogel  said while we are on the subject of facebook, I had a planning board member accuse me on facebook of being in violation of zoning codes, erroneously, a week before the election.  I approached this women and she has yet gotten back to me with proof of these violations, and as far as I see it, I have a liable suit against this women, because liable is  when a person says something that is not true and it does harm to you and your business.  I am very mad and upset about this and I want to go on record that this member of the planning board thought that facebook was the place to spread this erroneously information about my business.


Supervisor Stanley said to make it an official complaint it has to be written down on a piece of paper and then this will be forwarded to the ethics board and the Town Attorney.


Kimberly Went , about 99% of you know who I am, I am the owner and steward of the property called the Cobblestone Motel in the main part of Phoenicia.   I cannot say Main Street Phoenicia, because I am obviously not on Main Street and I have been treated like I am on Main Street.  It seems that the businesses on Main Street get special treatment.   I am here tonight to get some answers.   My property is still closed since the flood, I have not been able to get any assistance at all, everywhere I go, I hit dead ends.   I have had no income for eight weeks and that is disturbing in its’ self.    I found out just recently that the CWC is giving the Town 356,000 dollars for businesses with structural damage, I spoke to them my self and are you aware of who is putting together this list of businesses?     Supervisor , yes this town board.   I lost a quarter of my rooms, they are gutted, somehow I managed to save the furniture, I have no hot water, because the water picked up the fuel tank and crushed all of the piping and KOSCO won’t do anything about it.    There were hundreds of volunteers on main street helping the businesses, but no one has even attempted to help me.  Every where I go there is no help, FEMA said forget it, SBA said take out a loan,  I cannot afford to take out a loan, I did not cause this flood, the Stony Clove Creek crosses right by my business, it has done this three times now and no one is doing any thing, I see them playing move the rocks down by the bridge, but it breeches up by my place and nothing is being done, my neighbor emptied her water from her house on to my property and filled it up again, when I asked her not to do it, she assaulted me with her hose.  I called the police and they said there was nothing they could do, just wait for the water to go down.   I would like this addressed, why is everyone else being helped and I am not.


Supervisor Stanley – you have to make an application for the money.


Ms Went – Oh, I spoke to the CWC and they said that you were the one in charge, and I have spoke to you many times and I have called your office and you have said nothing to me about this.


Supervisor said you need to make an application, we have not given any of the money out, we are still compiling the list.    Just make an application and bring us estimates.


Motion by Supervisor Stanley to add the Cobblestone Motel to the loan list for the CWC, seconded by Councilman Jordan, all in favor, motion carried.


Motion by Supervisor Stanley to adjourn the meeting in memory of Glenn E. Miller, Thomas P. Staiger and Thelma Osterhoudt, with a moment of silence, seconded by Councilman Malloy, all in favor, motion carried.


As per Town Law a Copy of the Adopted Budget is Attached.