April 2010 Resolutions

 

DATE:   April 5, 2010

RESOLUTION # 75                OFFERED BY

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                                      $ 43,562.98

Highway Fund                         $ 52,370.76

Phoenicia Water District                    $   4,312.31

Pine Hill Water District                      $        30.60

Phoenicia Lighting District                 $   1,037.46

Chichester Lighting District                $      143.19

Pine Hill Lighting District                   $      578.82

AND MOVES ITS ADOPTION

Seconded By :

ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLETT                        _____                          _____

COUNCILMAN BERNSTEIN                       _____                          _____

COUNCILMAN JORDAN                             _____                          _____

COUNCILMAN MALLOY                           _____                          _____

SUPERVISOR STANLEY                              _____                         _____

DATE:   April 5, 2010

RESOLUTION # 76 OFFERED BY

RESOLUTION REQUESTING CWC TO ASSIST THE SHANDAKEN TOWN BOARD IN DETERMINING IF CERTAIN SEWAGE TREATMENT PROJECTS ARE COST EFFECTIVE AND APPROPRIATE FOR THE HAMLET OF PHOENICIA

WHEREAS, the 1997 New York City Watershed Memorandum of Agreement (Watershed MOA) requires that funding be offered for sewer projects in twenty-two communities in the New York City West of Hudson Watershed; and

WHEREAS, the Catskill Watershed Corporation (CWC) has successfully completed or is administering sewer projects toward completion in eight of the twenty-two communities listed in the Watershed MOA; and

WHEREAS, pursuant to the Watershed MOA, the Hamlet of Phoenicia in the Town of Shandaken was allocated a block grant for the possible funding of a sewer project; and

WHEREAS, the CWC has graciously offered to assist the Shandaken town board in evaluating the various options available to the Town at no direct or additional cost to the Town of Shandaken;

THEREFORE, BE IT RESOLVED, that the Shandaken Town Board requests that the Catskill Watershed Corporation assist the Shandaken Town board in determining which, if any, of the available projects are appropriate for the Hamlet of Phoenicia including but not limited to the estimated cost of any such project.

AND MOVES IT’S ADOPTION

Seconded by:

ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLETT                        _____                          _____

COUNCILMAN BERNSTEIN                       _____                          _____

COUNCILMAN JORDAN                             _____                          _____

COUNCILMAN MALLOY                           _____                          _____

SUPERVISOR STANLEY                              _____                         _____

DATE: April 5, 2010

RESOLUTION #: 77                           OFFERED BY:______________________

RESOLUTION OF THE TOWN OF SHANDAKEN TOWN BOARD

ACCEPTING PROPOSED SEWER USE LAW AND SCHEDULING PUBLIC HEARING FOR SAME

WHEREAS, the Town of Shandaken has entered into a Sewer Extension Agreement with the New York City Department of Environmental Protection providing for sewer extensions in the Hamlet of Pine Hill; and

WHEREAS, the Sewer Extension Agreement requires the Town to adopt a Sewer Use Law consistent with the New York State Model Sewer Use Law and approved by DEP; and

WHEREAS, in consultation with the Town Board, the Town’s consultant has prepared a proposed Sewer Use Law; and

WHEREAS, Town Board has reviewed and modified the proposed Sewer Use Law;

NOW, THEREFORE, BE IT RESOLVED that the proposed law is ready for consideration by the Town Board, and

BE IT FURTHER RESOLVED that the Town will hold a public hearing for consideration of the adoption of the Sewer Use Law for the Hamlet of Pine Hill on May 3, 2010 at 6:00pm at the Town Hall at 7209, Route 28, and will accept public comment of the proposed law until 6:00pm on that date.

AND MOVES IT’S ADOPTION.

Seconded by:_________________________________________

ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLET                                       _______                      _______

COUNCILMAN BERNSTEIN                                   _______                      _______

COUNCILMAN JORDAN                                         _______                      _______

COUNCILMAN MALLOY                                       _______                      _______

SUPERVISOR STANLEY                                          _______                      _______

DATE: April 5, 2010

RESOLUTION # 78                        OFFERED BY:

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

WHEREAS, a vacancy exists on the Assessment Review Board

THEREFORE BE IT RESOLVED that Lynn Davidson be appointed to fill this position with her term to expire on September 30, 2014

AND MOVES ITS ADOPTION

Seconded by:

ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLETT                        _____                          _____

COUNCILMAN BERNSTEIN                       _____                          _____

COUNCILMAN JORDAN                             _____                          _____

COUNCILMAN MALLOY                           _____                          _____

SUPERVISOR STANLEY                              _____                         _____

DATE: April 5, 2010

RESOLUTION #79                             OFFERED BY:

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 Glenn Buchinger as a Part-time Police Officer to receive compensation as per the 2010 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:

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.

1.   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.

AND MOVES ITS ADOPTION

Seconded by:

ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLETT                        _____                          _____

COUNCILMAN BERNSTEIN                       _____                          _____

COUNCILMAN JORDAN                             _____                          _____

COUNCILMAN MALLOY                           _____                          _____

SUPERVISOR STANLEY                              _____                         _____

DATE: April 5, 2010

RESOLUTION # 80                             OFFERED BY:

WHEREAS, The Town of Shandaken Police Department is purchasing a Police Cruiser on state bid,

THEREFORE be it resolved that the Town Board approve this purchase from the Police budget.

BE IT further resolved that a copy of the State Bid Contract is on file with the purchase documents.

AND MOVES ITS ADOPTION

Seconded by:

ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLETT                        _____                          _____

COUNCILMAN BERNSTEIN                       _____                          _____

COUNCILMAN JORDAN                             _____                          _____

COUNCILMAN MALLOY                           _____                          _____

SUPERVISOR STANLEY                              _____                         _____

DATE: April 5, 2010

RESOLUTION # 81                                                    OFFERED BY:

SECRETARY / BOOKKEEPER TO THE SUPERVISOR

WHEREAS,  under § 29, Subsection 15, of the Town Law the Town Board may authorize the Supervisor to make a designation for the position of Full time Secretary/Bookkeeper to the Supervisor; therefore be it

RESOLVED, that the Town Board approve the appointment of Diane O’Donnell to serve at the pleasure of the Supervisor, and receive $10.30 per hour when discharging the duties of said office.

Seconded by:

ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLETT                        _____                          _____

COUNCILMAN BERNSTEIN                       _____                          _____

COUNCILMAN JORDAN                             _____                          _____

COUNCILMAN MALLOY                           _____                          _____

SUPERVISOR STANLEY                              _____                         _____

DATE: April 5, 2010

RESOLUTION # 82                           OFFERED BY:

WHEREAS, the Town of Shandaken has in the past sold surplus equipment, and

WHEREAS, the Town Clerk advertised to receive bids to sell a 1998 Ford Crown Victoria Vin #2FAFP71W5WX154592, and

WHEREAS, Bids were received in the Town Clerk’s Office by 3:00 pm on this date,

THEREFORE be it resolved that this 1998 Ford Crown Victoria be sold to _________________

_____________________________________of _______________________________________

for the bid price of $______________.

AND MOVES ITS ADOPTION

Seconded by:

ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLETT                        _____                          _____

COUNCILMAN BERNSTEIN                       _____                          _____

COUNCILMAN JORDAN                             _____                          _____

COUNCILMAN MALLOY                           _____                          _____

SUPERVISOR STANLEY                              _____                         _____

DATE: April 5, 2010

RESOLUTION # 83                                OFFERED BY:

CONDEMNING ANY CLOSURE PLANS FOR THE

US POSTAL OFFICE IN BIG INDIAN, 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 Big Indian is unique to itself and several miles from any other currently operational Post Office, and

WHEREAS, the closure of the Big Indian Post Office would put more strain on the residents, especially of Oliverea, 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 Big Indian, NY.

AND MOVE ITS ADOPTION

Seconded by:                                                               ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLETT                        _____                          _____

COUNCILMAN BERNSTEIN                       _____                          _____

COUNCILMAN JORDAN                             _____                          _____

COUNCILMAN MALLOY                           _____                          _____

SUPERVISOR STANLEY                              _____                         _____