October 3, 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

Pledge of Allegiance to our Flag

Roll Call

Motion by Supervisor Stanley to approve the minutes from the September 6, 2011, Special Town Board Meeting, September 12, 2011, Regular Town Board meeting, and September 19, 2011 Special Town Board Meeting,  seconded by Councilman Malloy, all in favor, motion carried.


Supervisor’s Report – September

Communications – October 2011

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Councilman Bernstein –Monday October 17, I will be up at Pine Hill for the Councilman Night 6:30 – 8 PM at the Community Center.

Nicholas Carr is receiving his Eagle Scout Award and there will be a Court of Honor 6pm at the Shandaken Fire House, congratulations to Nick.

Councilman Jordan – Thank you to Jim McGrath, Sheriff’s Department, Toni Lanza and the Bruderhoff  for the dinner it was a nice way to recognize the people that helped during the flood and it was a nice dinner.  He then stood up and showed off his T-Shirt that said “I survived Irene”

Which the Big Indian Fire Company is selling and the proceeds are going to the flood victims.

Supervisor added a special Thank you to the church communities that came in to help and will be here to help for weeks to come.


Supervisor – Announced that Gary Carr has been with the Shandaken Ambulance 20 years and should be commended for such, a plaque will be presented to him at a later date.

Gary Carr – Phoenicia Fire District

Zone 3 convention for the Ulster County Fireman’s Association  is looking at next year at having their Fireman’s convention parade in Phoenicia, so we are here before the Town Board tonight to get your approval so that we can continue through the State to get all of the approval process and things that we have to deal with.  Saturday July 28, 2012, parade line up would be at noon on the streets by the Woodland Valley Inn and parade down Main Street to the Parish Field.  It has been quite a few years since we have had the parade here in town and we thought it would be a good thing.

Gary Carr – Meeting with the Administrators of the School district about possibly using the Phoenicia School as an evacuation center for the Phoenicia area, so we are working on that to get the logistics on that and one of their biggest concerns right now is power.  Supervisor Stanley was suppose to speak to FEMA about back up power.  But, the Superintendent is for it, it is a big building and can be very useful.

Kurt Boyer – President of the Phoenicia Library Board of Trustees

This November you will be asked to vote on the increase of the Phoenicia Libraries operating budget by 11thousand dollars, from 83 thousand dollars to the sum of 94 thousand dollars annually.  Although the Board of Trustees is mindful of the hard times that our community is in, we feel that it is our fiduciary responsibility for the following reasons:  The Phoenicia Library is designated the official library of the Town of Shandaken.   The Phoenicia Library offers up to date books, CD’s, DVD’s, and now e-books.  Services  include three computers and a free Wifi 24/7 hot spot for the town.  Printers, copiers and fax machines are available.  There are free programs for children including learning to read, storey hour and arts.  Free adult workshops are offered and most recently our six part job search seminar.  Recently several of our community members obtained jobs after a long unemployment.  Our professional staff is up to date with new technology and assist with web based applications, including one on one computer and resume training.  Phoenicia Library is part of the Mid Hudson Library System who’s free services including ordering and receiving any book, DVD, or CD in the system.   In Shandaken currently the average home owner pays $25 per year towards the library and is ¼ of 1% of the homeowners property tax or the cost of buying one hard cover book per year.  The budget at the Phoenicia library has remained unchanged since 2006, since that time the use of the library has almost doubled due to book circulation, workshops and computer usage and during this time there has been an 88% decrease in County and State funding, local funding has remained unchanged.  To summarize the Phoenicia Library is satisfying a double demand on services in spite of a significant decrease in funding.  The Library’s austerity budget  causes a significant  impact on its service offerings and cannot be maintained.  Staff salaries are and will remain frozen, spending has been cut to an absolute minimum, fixed operating costs, oil, electric, phone, paper, patrons insurance, Mid Hudson Library fees have increased significantly, the Library is now operating on a deficit budget, basic services cannot be sustained.  Therefore we are requesting a modest increase in support, the average

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increase per homeowner would amount to $3 per year that is the cost of a cup of coffee and roll per homeowner.   The Phoenicia Library offers books and so much more.  Even if a person does not wish to use the Library Services, every one in Town benefits from the Library.  A strong town needs services such as Post Office, Schools and its’ own public library.  Our Library is once place in Shandaken, is a place where people want to live, vacation and buy homes.  Phoenicia Library is internationally known by its one of a kind fly fishing collection, supporting our towns’ reputation as an anglers destination.  The Phoenicia Library is now a standing place of community for all of Shandaken.  Kids that cannot afford camp can come to our Summer Reading program and new teen and tween outreach program with movies, arts and supervised socializing is being launched.  A mobile library will go to the senior residence with large type books.  The staff has assures that anyone that is home bound will receive library services.  Now more than ever let’s keep our community vital.  Lady Bird Johnson said, “perhaps any place in any community is so totally democratic as a town library, the only entrance fee is interest.”  We are asking for your support on the budget increase on November 8th, please vote yes on the Phoenicia Library budget.   Just in case you have not met her our new director is Tracy Priest.

Ambulance Report – Rich Muellerieile












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Museum – Councilman Jordan

You heard the bad news we lost another director due to a job promotion.  The fate of the museum is up on the air right now, the board will meet and make some decisions of when they would like to advertise and reopen.  They were suppose, to have a grand reopening next Saturday, but that is obviously postponed until further notice.

Police Report – September – Councilman Bernstein

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Phoenicia Water – Alfred Peavey

Nothing new to report, the next meeting will be 10/19 at 6:30 pm at the Library.

Commissioner Ricciardella – The pump house on High Street is destroyed, this is going to have to be addressed.   Supervisor Stanley said that last week he had an insurance adjuster over there and he took some pictures.   We are waiting to hear back from them.  Commissioner Ricciardella – the stream banks need to be stabilized and the creek dredged, take a ride up to Little Peck Hollow and McKenly Hollow it looks like a bomb went off.  All the creeks need to be dredged and a concrete wall built 5 feet wide and 25 feet deep.

Recreation – Heather Roberts

No much new, we have updated the permit process and we are hoping the Town Clerk’s Office will come to our next meeting to finalize this.  We are looking into some grant money and planners to go over our comprehensive master plan for parks and recreation, this is slowly but on going.  Other then the resolutions tonight, we don’t have a whole lot new.  I did want to mention some outdoor recreation events, the Lark in the Park started this past week end, this is a 10 day ongoing celebration of the Catskills that is put on by the Catskill Mt. Club and the Catskill Center for Conservation and of course the first annual Phoenicia Turkey Trot is coming up on 7 weeks it is going to be a two mile walk, run, trot to benefit the Phoenicia Library and our next meeting will be October 17th at 6:30.

Shandaken Day – Supervisor Stanley

A side from the rain, it went well.  We recognized PFC Douglas Cordo for his service to our country.  Next year it will be in Highmount and we have already spoke to the Belleayre Conservatory to possibly do a special concert commemorating the day.   This is the last of the run on Shandaken day and where it goes from there who knows.

Comments on Resolutions

No comments

Motion by Supervisor Stanley to accept Brittani Sutos’ resignation as Museum Director and Heather Roberts resignation a Parish Field Park Manager, seconded by Councilman Bartlett, all in favor, motion carried.

Motion by Supervisor Stanley to support the Phoenicia Fire Districts efforts on getting the Firemen’s Field day and Parade here in Phoenicia for July 28, 2012, seconded by Councilman Jordan and Malloy, all in favor, motion carried.


RESOLUTION   #121 OFFERED BY  Councilman Bernstein

WHEREAS, The Department of Audit and Control require Town Boards to sign and inspect all vouchers coming into the town for payment, to number and total amounts from each fund.

THEREFORE BE IT RESOLVED, that the Town Board authorize the following vouchers paid:

General Fund                                                $   59,352.43

Highway Fund                                   $ 202,004.86

Phoenicia Water District                  $     4,286.54

Phoenicia Lighting District               $        921.23

Chichester Lighting District             $        132.41

Pine Hill Lighting District                 $        528.44

Pine Hill Water District                    $     1,007.91



Seconded By :  Councilman Jordan

ROLL CALL        5 Ayes


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RESOLUTION # 122                   OFFERED BY:  Councilman Jordan

WHEREAS, The Town of Shandaken Town Board has prepared the Tentative Budget for review,

THEREFORE BE IT RESOLVED, that the Town Board accept the Tentative Budget as the Preliminary Budget for 2012,



Discussion – Councilman Bernstein said that a 2% raise should not be given to anyone who was just hired, they accepted those positions at the rate of pay.  So Building inspector, Building /Zoning/Planning secretary should not get the 2%.    Supervisor Stanley also stated that the Museum Director should not get a 2% raise either, these changes will be made before the next meeting.


Seconded by:  Councilman Bernstein & Malloy

ROLL CALL       AYES      5


RESOLUTION # 123                   OFFERED BY:  Supervisor Stanley

WHEREAS, a Public Hearing is held every year for the purpose of hearing all those in favor or against the adoption of the Preliminary Budget for the Town of Shandaken as the Annual Budget,

THEREFORE BE IT RESOLVED, that the Town Board of the Town of Shandaken will meet and review said Preliminary Budget and hold a Public Hearing thereon, at the Town Hall, on Wednesday November 9, at 6:00pm, and at such hearing any person may be heard in favor of or against the Preliminary Budget as compiled, or for or against any item or items therein contained.


Seconded by:  Councilman Bartlett



RESOLUTION # 124                      OFFERED BY:  Councilman Malloy

Special Meeting for

Presentation by CWC for Phoenicia Sewer

WHEREAS, the Town of Shandaken is contracted with the CWC to look at available options for sewerage in the Hamlet of Phoenicia, and

THEREFORE BE IT RESOLVED, that the Town Board Convene a Special Meeting strictly for a presentation by CWC, on October 20, 2011 at 6:00 pm, and

Be it further resolved that said meeting be held at the Town Hall, 7209 Route 28, Shandaken, New York.


Seconded by:  Councilman Bartlett



No Bids Received

RESOLUTION # 125                  OFFERED BY:

WHEREAS, The Town Board advertised to receive bids for the Electrical Portion of the Town Hall Septic System

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THEREFORE be it resolved that this bid be awarded to__________________________

for the bid price of $___________.


Seconded by:

RESOLUTION #126                     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 these bids be accepted as qualified bidders; WS Sign Design Corp., West Springfield, Massachusetts & Kurt Boyer Design, Phoenicia, New York.


Seconded by:  Councilman Malloy



RESOLUTION #127                   OFFERED BY:  Councilman Bernstein

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

THEREFORE be it resolved that these bidders accepted as qualified bidders;  Black Bear Builders of Margaretville, New York and Bader-Lueki Industries, LLC, Niskayuna, New York


Seconded by:  Supervisor Stanley


RESOLUTION #128                 OFFERED BY:  Councilman Jordan

WHEREAS, the Town of Shandaken Town Board in prior years adopted a resolution pertaining to a Halloween Curfew to alleviate the damage resulting from unsupervised Trick or Treating.

THEREFORE BE IT RESOLVED, that a curfew throughout the Town of Shandaken is declared for the evening of October 31, 2011, commencing at 9:00 PM and continuing until daylight.  Said curfew to bar all children under the age of 18 unless accompanied by a parent or guardian from being on the streets, bridges, roadways or properties other than their own and empowering the Police to enforce the same.



Seconded by:    Councilman Malloy




RESOLUTION # 129                    OFFERED BY:  Supervisor Stanley


WHEREAS, the Town of Shandaken entered into a lease agreement with Kaatskill Development Partners, LLC of 5340 Route 28, Mt. Tremper, New York  12457 on October 15, 2006 and

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WHEREAS, the Town has used these fields in conjunction with the Onteora School District and several local organizations and

WHEREAS, the Town Parks and Recreation Board at its September 19, 2011 meeting has reviewed the lease and has requested the Town to renew the lease with Kaatskill Development Partners, LLC, in order to continue to provide quality soccer fields for use by all

Age groups throughout the Town of Shandaken,

THEREFORE BE IT RESOLVED, that the Town of Shandaken Town Board hereby authorizes the Town Supervisor to renew the lease with Kaatskill Development Partners, LLC for the price of one dollar ($1) per year and that said lease  shall not exceed a date of December 31, 2016 and shall not exceed a total price of five dollars ($5).


Seconded by:  Councilman Jordan



RESOLUTION #130                    OFFERED BY:  Councilman Malloy

WHEREAS, the Parks and Recreation Board presented to the Town Board amendment for changing the reservation protocol for the Emerson Fields as follows,

The fall deadline for reserving soccer fields is July 15

The spring deadline for reserving soccer fields is February 1st

All reservations shall specify the following information:

The field being requested




Type of activity


Regular competitive game

Number of participants

Age of participants

Reservation requests should be submitted to the Town Clerk.  If there are conflicts, the parties involved will be notified by the Town Clerk and will have two weeks to resolve the conflicts.

If unresolved, the reserving parties will come before the Parks and Recreation Board.  For the Fall Schedule, conflicts will be presented on the second Monday in August.  For the Spring Schedule, conflicts will be presented on the second Monday in March.  If the Parks and Recreation Board is unable to resolve the conflicts, the issues will be forwarded to the Town Board.

During the playing season, allocation of fields will ultimately depend on the number of youngsters who arrive to play soccer.  Occupancy of fields shall be reassigned to accommodate teams based on the number of youngsters present.  User groups are expected to comply with this policy.  Failure to do so will result in a review by the Parks and Recreation Board and possible exclusion from future field use.

All questions or concerns regarding the usage of the Emerson Fields should be directed to the Parks and Recreation Board.


THEREFORE be it resolved that the Town Board adopt these amendments.



Seconded by: Councilman Bartlett



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RESOLUTION # 131                           OFFERED BY:  Councilman Bartlett

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, upon recommendation of the Parks & Recreation Board that would like Heather Roberts to be Chairman and Carol Chandler, the Smith Park Manager,

THEREFORE be it resolved that the Town Board appoint Heather Roberts, Chairman and Carol Chandler as Smith Park Manager.


Seconded by:  Councilman Malloy


RESOLUTION # 132                   OFFERED BY:  Councilman Bernstein


WHEREAS, the Town of Shandaken endured a declared federal disaster due to Tropical Storm Irene on August 29, 2011, and

WHEREAS, the Town anticipates and has started the procedures to apply for Federal Emergency Management Agency monies to assist in the recovery of its infrastructure and repay costs associated with response due to the disaster, and

WHEREAS, such application for funding requires that the federal government provide 75% of the cost, New York State provides 12 ½ % of the cost and local governments are required to provide the final 12 ½ % of those costs, and

WHEREAS, in the past New York State has covered the costs to local municipalities for federal disaster relief,

THEREFORE BE IT RESOLVED, that the Town of Shandaken hereby formally requests the Honorable Governor Andrew Cuomo and members of the New York State Legislature approve New York State covering the costs to local municipalities for Federal Disaster Aid


Seconded by:  Supervisor Stanley



RESOLUTION #133                                                OFFERED BY  Councilman Jordan


Whereas, Section 2019-a of the Uniform Justice Court Act requires that town and village justices annually provide their court records and dockets to their respective town and village auditing boards, and that such records then be examined or audited and that fact be entered into the minutes of the board’s proceedings,  and

Whereas, the NYS Office of Court Administration has requested that the Town of Shandaken provide a copy of our most recent audit or examination of our local court’s records and a copy of the board resolution acknowledging that the required examination or audit was conducted,  and

Whereas, such examination or audit was conducted on September 20, 2011, by Councilman Bartlett,

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Therefore be it resolved that the Town Board acknowledge that the examination or audit was conducted.


Seconded by:  Supervisor Stanley

ROLL CALL  4 AYES  1 NAY  (Councilman Bernstein)


Public Comment

Rick Ricciardella – the Dr’s House (Hodstrums, Holdens former owners) in Shandaken needs to be addressed immediately, a large part of the property was washed away and this is what caused all those houses to flood and Bob Jones Mill.

Supervisor – I had Corey Ricks looking at the creek up above George Minkles’ property that stream jumped the banks.

Mike Ricciardella – what is going on with the State and County it seems that they have stopped work or they are not doing much.

Supervisor – the State has been working on Route 42, Peck Hollow, and the County has been going like gang busters to get the Hatchery Hollow Bridge done and they have been working on the Burnham Hollow Bridge.

Highway Superintendent Eric Hofmeister added that the County Bridge in Phoenicia is a low priority and has been put on the back burner.

Rick Ricciardella – the city should be putting in some money, they want all these hamlets to have sewer systems, I hope they don’t open up the portal, that would be a disaster.

Supervisor said that Windham had problems with their water and sewer system they filled up with cobbles and it took them two days to get them out.    Discussion between Rick and Others continued.

Councilman Malloy said that the drainage in Mt. Tremper is very bad.

Kathy Guglielmetti said she had been talking to Tom Storey from the DOT (Department of Transportation) and he said that we should come here to the meeting and talk to the Town Board.  We had 5 feet of water again the other day in Gary’s shop (Car Craft Body Shop).

Discussion – the culvert that takes the water to the creek is not large enough and has caused a blockage.

Gary Guglielmetti – that culvert is full of clay and sediment that has caused the flooding, the culvert is undersized.  I have complained for 35 years, now every time it rains there is going to be flooding.

Supervisor said that he and the Highway Superintendent will call the DOT, he does not see why that would be a Town problem.

Mike Ricciardella added that up in Greene County they have private contractors working on the roads and bridges, why don’t they do that here.

Superintendent – the DOT have different procurement procedures then the Town and they can do that through a short list or short bid.    Supervisor added that Ciccone is working in this area for the DOT to restore several washouts.   Discussion Continued.

Eric Hansen – Rob (Supervisor Stanley) you did a wonderful job through the food.  One thing I feel that elderly folks should have walkie talkies and there should be a calling chain to check on their neighbors.

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Eric Hansen – read letter to the helpers that helped him, (letter follows).

Joyce Grant said that Rotary had over 700 volunteers and put in over 3,000 hours of labor and have collected over $35,000 the amount they expected was $25,000 and will be collecting more this coming week end.

Supervisor Thanked her and Brian for their help with the clean up, she said there were a lot of volunteers, people from other towns, people that came up for the week end and the Bruderhoff they were great.

Peter DiSclafani – is it going to be your policy if someone wants financial records they are going to have to foil them.    Supervisor said no, this was during a disaster and we were scrambling to put the budget together and everything else.  You will get a response.

Commissioner Ricciardella – said that young Gary Carr should be commended, he and the Plattekill Fire Department flushed out the hydrants for the water district.   Thank you.

Motion by Supervisor Stanley to adjourn the meeting with a moment of silence in memory of Wayne Brooks, Vivien Bernstein, John Molini and Lois Umhey, seconded by Councilman Malloy, all in favor, motion carried.