September 12, 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 August 1, 2011, Regular Town Board meeting, seconded by Councilman Jordan, all in favor, motion carried.


Supervisor’s Report – August

State of Emergency : WE’RE STILL HERE! The State of Emergency continues while we continue recouping temporary infrastructure put in place during Irene and the subsequent floods. According to all records, this was the largest natural disaster to hit Shandaken for over 100 years. On Sunday, August 29th the Town was hit hard by the remnants of Hurricane Irene. According to Tim Hinkley, the weather station in Winnisook, where he is caretaker, recorded a record setting rainfall of 11.53 inches. That is the highest total on the books from the oldest reporting weather station in New York State. I will reiterate now, the Winnisook Dam DID NOT BREAK. The trouble in our estimation came from several areas throughout the Town as we endured the highest rainfall totals and highest gauge readings ever recorded. The Cold Brook Station in Boiceville recorded 100 year flood level (74,000 CFM), the Allaben Station here at Town Hall recorded between 100 and 500 year flood levels (46,000 CFM), both approximately 5-10% above the highest previous recorded levels.

Know that on Thursday, before the storm, the Town had already started preparations for Irene. Generators were being brought in from Military supply lines and Command Center staff were in discussion as where and when we would convene based upon readings from the Cold Brook Gauge. Belleayre Mountain Superintendant, Tony Lanza, and his staff were also in preparations and offered up their Lodge as an emergency shelter for locals displaced by the storm or seeking shelter prior to the storm. We convened Command Staff at approximately 2am on Sunday in the Town Hall, regularly our command post for such actions. At approximately 6am the State of Emergency was declared as waters rose above the 11 foot flood stage at an alarming rate. Alarms were sounded and evacuation was requested of residents in low lying areas, through out the Town. While in the Town Hall, the electric went out and phone service started to become spotty in portions of the Town. As we received calls water began to run heavily onto the parking lot of the Town Hall through the drainage pipe in the levy. We moved upstairs and the electric went out, so we started generators and battery back-ups, that we installed earlier this year, helped us continue phone service. Suddenly the utility lines on the building

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began shaking against the building and the parking was flooding more. We had to evacuate to the Shandaken-Allaben Fire Hall. Where we were working with one phone, spotty radio communications due to terrain and a multitude of reports as we tried to coordinate several water rescue efforts that had developed due to rapidly rising waters and flood waters where there was previously no major issues. We started receiving reports that bridges were being over run with flood waters, where they normally weren’t. Thankfully, no lives were lost during or reported after in the Town of Shandaken due to the storm.

Following the storm we relocated the command post to Phoenicia Fire Hall as we lost phones in Shandaken. Phoenicia, not only had the Verizon Substation around the corner operating on a generator, but one of our local heroes, Jon Ryan, helped swing lines from fiber-optics, that were no longer operational, but also helped to quickly install three more lines to improve communications with Kingston and the outside world. When that work was completed he ran to the other firehouses to swing their lines. The following days brought more reports of Bridges that had washed out, families stranded and no way to assist without traveling on foot with supplies. Even ATV’s were stalled in areas devastated by flood waters. Oliverea being the most difficult place to respond, the Shandaken Police Department, coordinated with the Ulster County Sherriff’s Office, Dept. of Environmental Conservation Officers, State Police and the Dept. of Environmental Protection to set up a mobile command post in the Michellotti’s field as an operations command center for the valley. The bridge on Oliverea Road had failed and all that was left was a small slip of asphalt hanging in place, wide enough for one ATV at a time. This is how Police and our local Phoenicia, Big Indian/Oliverea and Pine Hill Fire Departments and EMS lead by Shandaken Ambulance and coordinated with Mobile Life and Diaz Ambulance agencies were able to assess and dispense needed food and medical supplies to residents.

Know that each day, early on, our emergency responders continued door to door checks of residents hit by the flood supplying needed information as well as other much needed supplies. Belleayre Mountain was established as a Recovery Center as we awaited word of Official Federal disaster recognition for the area, and again Tony and the Staff responded assisting locals and officials in any capacity they could. We had contact and assistance from other governmental agencies and representatives from the Governor Cuomo’s Office, Congressman Hinchey’s Office, State Senator/Majority Leader Dean Skelos and others. We had personal visits from Senator Charles Schumer, State Senator John Bonacic, State Assemblyman Kevin Cahill and County Executive Mike Hein. All were, to varying degrees, able to assist in their best capacity understanding the depth of our situation. Having no power we approached several news outlets, from YNN to the New York Times. One of quickest outlets was the Catskill Watershed Post, whose editors and correspondents were available to get not only news, but necessary information out to loved ones concerned about local friends and neighbors. State Fire inspectors came to me on Wednesday morning two days after about immediate structural assessments of flood ravaged areas. They also stated that due to the departure of Gina Reilly, whose position was to be advertised for at our August 29th meeting, I was by default to inspect the buildings and sign off on their status. Being the Incident Commander, I felt my best place was in the Command Post and asked Shandaken Police to help get the Town Board to the Firehouse for an emergency session, as allowed under such conditions. Minutes are available from that meeting. We had two local gentlemen that had shown an interest: Art Christie and Richard Stokes. We also discussed Dominick Covello, from Olive, but thought he might be busy in their Town with response. Police went in search of these gentleman and when the time had come (we waited two hours) to call Mr. Covello, Mr. Stokes showed up to pick up dry ice for a neighbor and had no idea of what he was about to get himself into. He was hired in a temporary capacity and sworn in on the spot and has performed over and above expectations.

A second wave of storms came as we were making headway on getting vehicular access to previously land locked areas. Accolades to John Ford, Brian Kelly and Dave Estes whose emergency repair work will never be forgotten. I’d also like recognition for people like Patti Rudge who already had a list of medical and needed supplies ready for us when we finally gained access to the Oliverea Valley so we could expedite those materials. Special thanks to Henry Stout and his staff at Full Moon resort who invited

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Valley residents for a night of respite during the crisis. Thanks to Mike Ford for blazing a trail to Winnisook and Frost Valley to get the numbers and length of supplies. Thanks to Barbara Redfield for being the watchful eye over the Winnisook Lake. We had generators and pumps pumping out the Winnisook Lake, not because we were fearful of a breach, but as a precautionary measure to ensure public safety.  Again, know that the area referred to as “Crazy Nell” has washed a swath of road 50 feet wide by 27 feet deep and ATV traffic was the only access from our side to the lake. The road from Sullivan also was temporarily repaired and washed out after the second storms. We have since received an engineering report that states the dam is safe and work will commence shortly to rectify the erosion of the landscaped front of the dam.

We continued working to re-establish routes that had been lost and getting the needed supplies where utilities had again failed. We asked multiple agencies to assist us in this capacity from County DPW, State DOT, NYC DEP and private contractors. They were assets to us in our time of need. Eric Hofmeister, our Highway Superintendant, had the major task of trying coordinate crews on multiple fronts for both Highway and Stream restoration Projects, along with Stream management officials were able to restore portions of the stream that were an immediate threat to public safety. Also recognize that many of our Highway workers are also emergency responders, they would be sent home from the Highway Department after and exhausting day and step foot into their firehouses to assist in any capacity they could.  Several of our own employees in all departments had to be ordered home because they wanted to continue serving their community because it wasn’t the Town that got devastated it was their neighbors and friends, even ones they just met for the first time.

Kudos to all those volunteers that showed up to assist in the cleanup efforts throughout the Town. I applaud the efforts of Ken Jacobs and the Phoenicia Rotary, who after several meetings to coordinate efforts and garner supplies, took on the momentous task of creating the CERT (Civilian Emergency Response Team) in order help with the cleanup. Know that each of those volunteers’ time will be used to offset the 12½% match for Public Assistance monies being offered by FEMA. Funds from the Rotary Relief Funds will be dispensed with the aid of SHARP, please contact Buffy Kibe for information on applications. Let us also recognize Jay Jacobs and Timberlake Camp for the creation of a donation fund and starting it off with a $100,000 contribution. Applications for these funds will be found at Tender Land on Main St., Phoenicia and the Town Clerk’s office here at Town Hall. The deadline for application is October 10th, 2011. Thanks to the Belleayre Conservatory whose concert raised $40,000 and awarded checks to both SHARP and MARK projects to assist in disaster relief.

What I’m most proud of in this time of need is this community for coming together in a time of need, putting aside their differences and working together toward the common goal of putting the Town back together. It shouldn’t take a natural disaster of this magnitude to bring us together like this. The sentiment was there, but it took outright devastation for us to see it ourselves. Let us continue to work like this, toward a common objective of reaching out to neighbors. Welcoming a hand when its needed and trying to build this town into the bright shining gem that we know it all to be and expose why we love to call Shandaken our home. WE’RE STILL HERE.

With that I would like to introduce all of you to the people at in charge who helped dispense of the tasks at hand, note that I wish I could recognize each and every one of the people that assisted, but I would hope that these people can speak for their respective departments, please rise when called, note that Press Information Officer/1st Sergeant Perry Soule and Logistics Officer/Sergeant C.J. Polacco are not able to be with us, but these are the men that coordinated press information and deadlines as well as acquiring appropriate vehicles and machinery as requested and were absolute assets in this effort and need to be recognized along with: Deputy Incident Commander/U.C. Undersherrif Frank Falutico, Operations-Phoenicia/Fire Chief Gary Carr, Operations-Big Indian/Oliverea/Fire Cheif – Jody Rossitz, Operations-Pine Hill/ Fire Chief Lowell Smith, EMS Coordinator/Shandaken Ambulance Capt. Richard Muellerlielle, Liaison Officer/Shandaken Police Officer in Charge- James McGrath, Highways Officer/ Superintendant-Eric Hofmeister, Stream Restoration/ UC Soil & Water Rep.-Cory Ritz and Buildings Officer/ Zoning Enforcement- Richard Stokes. Note that many agencies performed the duty of Law

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Enforcement Officer including Lt. Steve Sherry (NYS Police), Lt. Lindsley, Officers Brian Gillis and Neil Watts (ENCON) and of course,Tony Lanza, Superintendant of Belleayre Mountain, whose assistance provided many of the resources to local residents. I may have missed a name and I hope that someone here can elaborate on anyone I may have missed, but know that we, the Town of Shandaken, are proud and grateful of your efforts. I also would like to recognize resources that were essential to the proper operation and organization of the administrative duties involved: Mike Ryan, Administrative Officer/Asst. Chief; Amie Goodrich, Emergency Administrative Secretary and Highway Secretary Flo Sullivan, who battled bee stings to stay at her post. The Ladies’ Auxiliaries and community people who helped in their own capacities as cooks and therapists during the ordeal, some of whom, worked from the early hours providing breakfast until late at night so we could have a hot meal to keep our spirits up and keep us on the move. With that I would like to ask if anyone from the Command Team would like to add anything…  Richard M                Thanked Incident Commander Robert Stanley.

Tony Lanza Belleayre’s Officer in Charge added, that you have SEMO, FEMA, etc.  but what you needed the most was friends and in the darkest hour it is friends that come to aid.   Jim and I received several phone calls from people that had heard about this across the country and tonight we have Joe Perrone from Thail Industries and it was Joe that saw that we had all of the equipment here.   I also want to say to you, Mr. Incident Commander that I have never been prouder to be part of an organization, that you headed up from the Sheriff’s Department, Police Department, EMS, the Highway Department and all of the Fire Chiefs, you had a room filled full of professionals and you had to be out of your comfort zone, but you took their wisdom and advise and then you made the important decisions, I was proud and I think you were a great incident commander.

Supervisor – if you see any of these folks on the street, give them a pat on the back, they did a hell of a job.

Jodi Rossitz – so did 157 National Guard Troops

SAFARI: Due to the Storm we had to postpone our RFQ opening, which was done last Tueday. We are postponing the awarding of the bid until we can further review and interview the three applicants. Meeting will be 3pm next Monday the 19th of September.

Cell Tower: During the crisis there repeated calls for better communication, and with the recognition and attention we were receiving, AT&T responded. Chris from Mariner’s Towers contacted me during the week with a dilemma. Our current 20 year contract was into year four with sixteen years left. AT&T contacted him and has a standard 20 year contract with all independent tower companies. He could not sign their contract 1) without our approval and 2) without enough time on our contract to complete the transaction. After a conversation with Paul Kellar, Town Attorney, were are amending the lease to add five years which will allow AT&T to sign the contract with Mariner’s and allow him to negotiate over the coming year with other providers, such as Verizon, who also recently has shown renewed interest, to fit within the confines of the contract. Note that there is a technical glitch, where there is no hard line service from the current tower. In order to expedite service they are going to place a microwave transmitter, a “pizza box,” on the Highway Garage Communications Tower to “shoot” service up to the Glenbrook Tower while they work on getting the hard line service. By the agreement tonight they will ensure that their equipment will not interfere with Highway Communications Equipment. AT&T should be operational by the end of October. We will have cell service!

Town Septic: We have not received any bids, but will continue advertising and call local electricians.

Post Office: The Chichester Post Office is under threat of closure and we need to support our local post offices as we did last year in Big Indian.

Phoenicia Sewer: We were hoping to have a special meeting on the sewer plan on September 21st. That has been postponed until October at least.


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Campaign Signage: As we do annually we will request that all campaign signs not be posted until after Columbus Day, so our visitors can enjoy the colors of the leaves, not advertisements.

Emer. Response Sec.: Knowing the amount of paperwork and her personal involvement in the process she is familiar with the agencies and the accounting for such things as FEMA. Until we can complete our applications and compilation of information, she will be retained, two days a week @ $10.30 until we feel that the job has been satisfactorily completed.

Smart Growth: As said at previous meetings, we are going out to bid for welcome signage, Information Signs and repairs to the Glenbrook Park Pavilion. This work will be paid through a grant provided by the New York State DEC.

Events: I don’t have a list of current events slated for this month and perhaps the Town Board can elaborate on these, but I anticipate there will be a number of fund raisers for Flood Victim Relief. Please note that we have been devastated here, but this event has clearly blurred county lines and all our neighbors here in the high peaks region need our help. Please find the support systems and do what you can for our other neighbors.

At this time our next Regular Town Board meeting is slated for

Monday, October 3rd, 2011 @ 7pm

Phoenicia Library – Kurt Boyer and Bernard Handzel

Presented petition and letter to the Town Clerk and explained to the audience that the Phoenicia Library adopted a resolution to place a  question on the ballot to increase the tax portion for the Phoenicia Library.

“Shall the annual contribution of the Town of Shandaken for the operating budget of the Phoenicia Library be increased by Eleven Thousand ($11,000.00) Dollars to the sum of Ninety Four Thousand ($94,000.00) Dollars Annually.”


Ambulance Report – August – Jodi Rossitz





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Family of Woodstock – Tamara Cooper

We are a crisis center open 24/7.  Since 1970, FAMILY has been an anchor for area residents- a place where people are respectful and caring, and where the search for solutions is creative and tireless. FAMILY’s shelters, emergency food pantries, court advocates, counseling and case management services, hotlines, and child care supports all work together to help people achieve the changes they seek.  Our services are, with few exceptions, free of charge and confidential.   For 40 years, FAMILY has been a leader locally and in New York State, developing programming and supports for people in need.

We would also like to know from the Town of Shandaken what do you want or what do you need.   We have counseling, case management and emotional and mental health services and lots of times when there is a crises these things are overlooked.  We are here for you, we would like to bring our services to this western end of the county.

Museum Report – Councilman Jordan

I was by there today and if it is OK with the Highway Superintendent, I will take care of the lawn for the rest of the year.

Police Report for August – Officer in Charge  Jim McGrath




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Phoenicia Water – Rick Ricciardella

Water was on all the way through the flood.   Water was tested and is good to drink.

Al Peavy added that the next meeting will be Wednesday the 21st 6:30 at the Library.


Recreation – Heather Roberts

We are continuing to work on our park permits and we are gathering information for our comprehensive master plan for recreation.  At our last meeting we were approached by Kevin Christofora who was formerly Woodstock Little League.  He is currently forming Mt. Valley Little League, which will encompass Woodstock and Olive  with some support from Shandaken.  It would be nice to have Little League here again.    Soccer has started on the three fields at the Emerson.  In spite of some scheduling problems, everything is going OK.

The next Recreation meeting September 17th, at the Town Hall. 6:30 pm.


Shandaken Day – Supervisor Stanley

Shandaken Day was one  of  the most successful.   The awards ceremony was a little damp .


Bike Ride – Town Clerk

“CATSKILL KIDS BIKE RECOVERY RIDE” Sunday October 9th, 59 mile ride  or 24 mile ride, You choose, come and enjoy the Fall Colors of the Catskills and get some exercise too!  Go to:  for more information and registration.



RESOLUTION  109                         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                          $          42,779.13

Highway Fund                                                18,405.98

Phoenicia Water District                       1,453.96

Phoenicia Lighting District                     877.52

Chichester Lighting District                   128.63

Pine Hill Lighting District                      508.09

Pine Hill Water District                          805.09



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Seconded By :  Councilman Jordan


ROLL CALL        5 Ayes



RESOLUTION #110                         OFFERED BY:  Councilman Jordan


WHEREAS, the Shandaken Town Board will hold a Special Town Board meeting at 3:00 PM on Monday September 19th for the purpose of awarding the Requests for Qualifications for a Flood Mitigation Consultant,


THEREFORE be it resolved that this meeting be held at the Town Hall.




Seconded by:  Councilman Malloy


ROLL CALL        5 Ayes


RESOLUTION #111                         OFFERED BY:  Supervisor Stanley


Extension of Lease Agreement on Cell Tower

and Approval of AT&T Equipment Location

Whereas, the Town of Shandaken and Mariner Tower II, LLC executed a Lease

Agreement dated the 9th day of November, 2007 to allow Mariner Tower II, LLC the use of

certain lands in the Town of Shandaken to construct a communication tower; and


Whereas, the initial term of said agreement was for a period of five (5) years with three (3) additional five (5) year renewals;


Whereas, the communication tower was built, but to date no commercial carrier has located its communication equipment on said tower; and


Whereas, the Town has been advised that AT&T would locate its equipment on said tower and would provide cell phone and communication services to the geographic area served by said town on condition that the Lease Agreement be extended to provide a minimum term of twenty (20) years; and


Whereas, having said communication service in the Town of Shandaken would be of great  benefit to the health, safety and welfare of the residents of and visitors to, the Town of Shandaken; and


Whereas, the Town is currently in need of improved cellular communications in the Town


Now, Therefore Be It Resolved, that:


The Town Board of the Town of Shandaken hereby agrees subject to the provisions

below, to extend the term of the aforesaid Lease with Mariner Tower II, LLC by modifying paragraph 2 of said Lease to provide for one (1) additional five (5) year renewal term.  However, said extension is made on the condition that within three months(Dec. 12, 2011) of the date hereof, AT&T locate communication equipment on said tower in the Town of Shandaken and commences providing cell phone and communication services within the Town of Shandaken.  In the event that same does not occur within three months (Dec. 12,2011) of the date hereof, the original term of the Lease shall remain in effect, and no extension of said term would be granted.


B. The Town Board of the Town of Shandaken agrees that Mariner Tower II,

LLC may sublease or license the communication tower to AT&T and consents to same pursuant to paragraph 7 of the Lease Agreement.


C. Mariner Tower II, LLC is authorized to install on the Town Highway Department’s

antenna a microwave transmitter and such additional equipment as is reasonably necessary in order to expedite and improve cellular communications in the Town on condition that installation of said transmitter and equipment does not interfere with or diminish the quality of the Town Highway Department’s current communication facilities.

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D. The Town Board authorizes the Town Supervisor to execute a modification of Lease

Agreement with Mariner Tower II, LLC which incorporates the terms of this Resolution.




Seconded by:  Councilman Jordan


ROLL CALL      5 Ayes


RESOLUTION #112                         OFFERED BY:  Councilman Malloy


Condemening any closure plans for the

US Postal Office in Chichester, NY

WHEREAS, the Town of Shandaken is a rural mountain town in the high peaks of the Catskill State Preserve in New York State, and


WHEREAS, the Town is presently recognized as being comprised of 12 small hamlets, and


WHEREAS, the Town of Shandaken at one time was comprised of upwards of 16 Hamlets at one time, and


WHEREAS, the Town has worked, and is working, diligently toward preserving these hamlet identities and their commercial centers, and


WHEREAS, most of the US Post Offices in Town are a core part of those commercial centers and identities, and


WHEREAS, the loss of past US Postal Offices has contributed in part or whole to the loss of previous Hamlets in Shandaken, and


WHEREAS, we recognize the fight to preserve current hamlets like Mt. Pleasant and Oliverea, which both previously held US Post Offices that closed years ago, and


WHEREAS, the Hamlet of Chichester is unique to itself and several miles from any other currently operational Post Office, and


WHEREAS, the closure of the Chichester Post Office would put more strain on the residents, especially of Chichester, who do not have vehicles, do not drive, or do not posses other communication lines,


THEREFORE BE IT RESOLVED, The Town Board of the Town of Shandaken does herby condemn and denounce any actions taken on the part of the US Postal Service or any of its agents to move forward with any plan to close the Post Office in Chichester, NY.



Seconded by:  Councilmen Bartlett & Jordan


ROLL CALL        5 Ayes



RESOLUTION #113                         OFFERED BY:  Councilman Bartlett




WHEREAS, the Town of Shandaken recognizes the importance of preserving its natural beauty and viewscapes throughout the Town and


WHEREAS, Columbus Day weekend is recognized as a highly desirable time for visitors to travel to our area and enjoy the pristine beauty of Shandaken

THEREFORE, the Town Board of Shandaken requests that campaign signs for the General election, regardless of party affiliation or contest, not be displayed until after Columbus Day October 10, 2011.

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Seconded by:  Councilman Malloy


ROLL CALL        5 Ayes



RESOLUTION #114                         OFFERED BY: Councilman Bernstein


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


WHEREAS on August 28th the Town of Shandaken was faced with a Flooding Disaster throughout,


THEREFORE be it resolved that Amie Goodrich be hired as the Emergency Response Secretary, at the hourly rate of $10.30.




Seconded by:  Councilman Jordan


ROLL CALL       5 Ayes



RESOLUTION #115                        OFFERED BY: Councilman Jordan


Advertise for bids for Town Wide Signage

WHEREAS, the Town of Shandaken has been awarded a Grant through the NYS -DEC for initiatives to promote the Town and


WHEREAS, the grant application has been approved to proceed with bids for work within that grant and


WHEREAS, there are several breakdowns among the signs including: Large Welcome Signs, Small Welcome Signs, Large Informational Signs, Small Informational Signs and a Large Placard Sign.


THEREFORE BE IT RESOLVED, that the Town of Shandaken hereby requests bids for said signage with Specifications to be found in the Supervisor’s office, 7209 Rte. 28, Shandaken, NY 12480 and that all bids must be received by 3pm on Monday, Oct. 3, 2011 in the Town Clerk’s office, PO Box 67, Shandaken, NY 12480 to be read opened and read aloud at the October 3rd, 2011 meeting of the Town Board at 7pm where such bids will be awarded.


AND BE IT FURTHER RESOLVED that the Town Board reserves the right to reject any or all bids, and the bid must be accompanied with a non-collusive bid certification.




Seconded by:  Supervisor Stanley & Councilman Bernstein


ROLL CALL      5 Ayes


RESOLUTION #116                        OFFERED BY:  Supervisor Stanley


Advertise for bids for Glenbrook Park Pavilion Repairs

WHEREAS, the Town of Shandaken has been awarded a Grant through the NYS -DEC for initiatives to promote the Town and


WHEREAS, the grant application has been approved to proceed with bids for work within that grant and


WHEREAS, there is a portion of the grant attributed to do much needed repair work on the Glenbrook Park (Neil Grant Memorial) Pavilion



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THEREFORE BE IT RESOLVED, that the Town of Shandaken hereby requests bids for said repair with Specifications to be found in the Supervisor’s office, 7209 Rte. 28, Shandaken, NY 12480 and that all bids must be received by 3pm on Monday, Oct. 3, 2011 in the Town Clerk’s office, PO Box 67, Shandaken, NY 12480 to be read opened and read aloud at the October 3rd, 2011 meeting of the Town Board at 7pm where such bids will be awarded.


AND BE IT FURTHER RESOLVED that the Town Board reserves the right to reject any or all bids, and the bid must be accompanied with a non-collusive bid certification.




Seconded by: Councilman Malloy




RESOLUTION #117                        OFFERED BY: Councilman Malloy


WHEREAS, many towns throughout the State of New York have had their Town Halls, flooded from Tropical storms Irene and Lee and


WHEREAS, some of the fortunate Town Clerks would like to donate any useable equipment and supplies, (computers, furniture, adding machines, office supplies, etc) that are just sitting around the Town Hall and not being used, that could be utilized by these Towns, and


THEREFORE BE IT RESOLVED, that the Town Board allow the Town Clerk to collect these items and take them to the Town Clerk workday on September 24th , to be distributed to the Towns in need, more particularly Schoharie, Blenheim and Prattsville.




Seconded by:  Councilman Bartlett




RESOLUTION #119                        OFFERED BY:  Councilman Bartlett





WHEREAS, Creative Environments LLC / Full Moon of 1093 Oliverea Road, Oliverea, New York has applied for a liquor license renewal, and


WHEREAS, Creative Environments LLC/ Full Moon., has requested that the Town waive the 30 day notification required by the New York State Liquor Authority in an effort to expedite the granting of a liquor license to Creative Environments LLC/Full Moon. and


NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Shandaken does hereby grant the request of the Creative Environments LLC/Full Moon., and does hereby waive the thirty (30) day Liquor License notice requirement to the Creative Environments LLC/ Full Moon, 1093 Oliverea Road, Oliverea, New York.




Seconded by:  Councilman Malloy





RESOLUTION #120                        OFFERED BY: Councilman Bernstein


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


WHEREAS the temporary Building Inspector is in need of a Secretary

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THEREFORE be it resolved that Patt Hughes be appointed as Building Inspector Secretary at the hourly rate of $11.15.




Seconded by:  Councilman Bartlett




Public Comment

Rick Ricciardella – we have had three floods in 10 months.   Now is the time to prepare for the next one, clean the streams out,  get the logs and debris out of the streams.       Oh, the water has been tested and it is fine.


Elizabeth Winograd – SOS  (Save Our Shandaken) – we had a meeting on Saturday and we need to organize and put pressure on the DEC and the DEP to get the streams cleaned up, I do not have money to do for my neighbors, I have a business to run and I am losing business because of this flooding.   At the meeting we had questionnaire and  everyone says dredging to open up the waterways.   Now I am sitting on gravel, the water has stopped.  We have a person that is an organizer and will be getting the word out.


Supervisor, they have just turned the water temporarily to shore up the banks where the road washed out.

The person helping you it getting the information electronically and has started a face book page.


Pat Anderson –  I have been working on stream management on Herb Zacchios property, on River Road and I have walked the property and worked with Cornell Cooperative and they said to put saplings in, swamp maples and oaks and we have these floods and all those saplings are gone.    With the two floods in October and December we lost 8 feet of our waterfront property and all that’s there are roots, everything is gone.   If you look across at Herdman Road, there are 4 culvert pipes that dump into the Esopus and what you do on one side of the stream affects the other side.    If you look down the stream you can see that about 30 feet of property has eroded away.    Now I went up to Belleayre and to advantage of everything and I thank the Red Cross for the warm meals that they brought to my door, but when I was at Belleayre, one of the first people I ran into was the DEC and they said that the Stream permits were lifted after the flood and you could go into the stream to do anything until the end of September.  Now am I right or wrong.


Supervisor – that is wrong – they have a general permit, basically if there is a direct threat to your home or life, then you have to contact the DEC and they will allow you to go into the stream to protect that.


Ms. Anderson – We have renters that are displaced and the property down from us have renters that are displaced and we had a pregnant women, so we had everything going on.     I agree with Rick, they should get in the stream to dredge and they should lift these permits.


Supervisor –  I went to one property today with Cornell where a person was digging in the stream,  Cory Ritz from Cornell Cooperative educated this person on how to make the stream better and we went on.   This is OK if you are protecting your property.


Bernard Handzel – Wondered why they keep rebuilding the Phoenicia Bridge the same way, why don’t they make it an arched bridge so that the debris can go under it.


Supervisor  – stated that the DEP engineer stated that the bridge was the cause of the water being diverted through the Black Bear Camp ground and it needs to be changed.  There is not enough room for debris to go under it, the channel also needs to be dwelt with but, we will do that accordingly.


Bob Kalb – present complaining that the work that the Highway Department did in the Lost Clove stream made his property a lake and someone needs to come back up and put the rocks back in so that the stream goes back to where it was suppose to be.


Superintendent Hofmeister  – said that it will be taken care of as soon as the roads are put back in order so that people can get back to their homes.



Page 13

Regular Town Board Meeting

September 12, 2011


Alfie Higley – there is a sign on Route 28 that says the road is closed, I have talked to several businesses and they said that it is affecting business, we had a delivery last week and the truck saw the sign and turned around and went back to New Jersey.  Route 28 is open all the way through.    There is a sign on the Thruway that says Exit 28 is closed, it is just before Route 28 so they think that Route 28 is closed.


Supervisor – I have been trying to get in touch with Tom Storey of the DOT and get those signs changed.


Mike Keogle said that there is a sign at the beginning of Route 214 at Hunter that says Route 214 is closed and I have seen people turn around.   Other comments from the audience with regard to the signs deferring  people from Phoenicia.


Keith Johnson – Very distraught about the way things were handled with the highways and the flood.


Superintendent Hofmeister said that  he had all the trucks and manpower that he needed to do with.


Kathy Guglielmetti – asked what was going to be done with the Route 28 Mt. Tremper Bridge, I mean with the dredging.


Supervisor – The dredging is being looked at and they poured concrete by the abutment so the bridge itself is fixed.


Ms. Guglielmetti – is there a roll off in Mt. Tremper for residents and businesses?


Supervisor – There is one on Risely Road, we thought that would be a convenient place for it.   Resource Recovery is going back to their regular hours and they will get to dump the dumpsters as soon as possible, I know that the ones in Phoenicia and Shandaken are full, they will get to them.


Many Shared different things that they thought should be done with the streams, etc.


Frank Faluotico of the Ulster County Sheriff’s, said that he would encourage you to go the County Legislator meetings and voice your opinions.  We brought some of them up here and they saw the damage, but it is better if they here it from you.   Tell them that you want county route 47 fixed and a bridge put in, where the culvert washed out and there is a gorge.   Contact Ulster County Executive Mike Hein and give him a list of roads and bridges that need to be fixed.


Gary Gailes – I just want to say, Tony and his staff at Belleayre did a heroic effort.  Tony was available 24/7 sleeping there on a cot, some days his staff put out 1300 meals and as you know the Belleayre staff has been decimated by the Governor and his staff with cut backs.   When Mike Hein came to the benefit concert, he said it well “for years people have been saving Belleayre, this time Belleayre saved the people.”   I know that the Governor came and saw and his staff members came and saw and where else is there a place where Chinook helicopters could come in and bring food, water and man power.  I hope that he (the Governor) knows now that Belleayre is not just for recreation, but a place of salvation is a time of crisis.   Maybe next month a letter of support or a resolution, because they did a fantastic job.


Jane Rossitz – I just want to say that I am so proud of Tony Lanza and the Belleayre staff, when we needed food, etc., all I had to do is call and we had it within an hour.


Sandy Stanley – just received a phone call saying that the health alliance van will be in Phoenicia tomorrow from 2 – 6 at the Phoenicia Theaters and will be giving free flu and tetanus shots.


Supervisor – asking his mother to stay standing, I want you all to know that during Irene the Belleayre nurse could not make it in from Margaretville and Mom went up and worked for 2 days as their nurse.


Supervisor Stanley – we would like to adjourn the meeting with a moment of silence in memory of Erwin “Gordy” Gordon, Lucille “Sue” Yerry and Beatrice Every


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