MARCH 2011 RESOLUTIONS

 

 

 

 

 

 

 

 

DATE:  March 7, 2011

 

RESOLUTION 55                             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                                      $  77,603.92

Highway Fund                                                $  66,962.06

Phoenicia Water District                     $   2,902.97

Pine Hill Water District                      $     449.51

Phoenicia Lighting District                 $   1,096.18

Chichester Lighting District               $     147.25

Pine Hill Lighting District                  $     605.73

Morton Memorial Library                   $  24,829.00

Phoenicia Fire District                        $ 251,017.00

Big Indian Fire District                       $ 102,000.00

Pine Hill Fire District                          $  42,000.00

Highmount Fire Protection Dist.        $  46,400.00

 

 

AND MOVES ITS ADOPTION

 

Seconded By :

 

 

ROLL CALL

 

AYES                         NAYS

 

COUNCILMAN BARTLETT                       _____                          _____

 

COUNCILMAN BERNSTEIN                     _____                          _____

 

COUNCILMAN JORDAN                           _____                          _____

 

COUNCILMAN MALLOY                          _____                          _____

 

SUPERVISOR STANLEY                           _____                      _____

 

 

 

 

 

 

 

 

 

DATE:  March 7, 2010

 

RESOLUTION # 56                             OFFERED BY:

 

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

 

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

 

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

 

AND MOVES ITS ADOPTION

 

Seconded by:

 

 

ROLL CALL

 

AYES                         NAYS

 

COUNCILMAN BARTLETT                       _____                          _____

 

COUNCILMAN BERNSTEIN                     _____                          _____

 

COUNCILMAN JORDAN                           _____                          _____

 

COUNCILMAN MALLOY                          _____                          _____

 

SUPERVISOR STANLEY                           _____                     _____

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DATE:  March 7, 2010

 

RESOLUTION # 57                      OFFERED BY:

 

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.

 

AND MOVES ITS ADOPTION

 

Seconded by:

 

 

ROLL CALL

 

AYES                         NAYS

 

COUNCILMAN BARTLETT                       _____                          _____

 

COUNCILMAN BERNSTEIN                     _____                          _____

 

COUNCILMAN JORDAN                           _____                          _____

 

COUNCILMAN MALLOY                          _____                          _____

 

SUPERVISOR STANLEY                           _____                      _____

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DATE:  March 7, 2010

 

RESOLUTION #58                                        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 Thomas Sharon as a Part-time Police Officer to receive compensation as per the 2011 budget. and

 

BE IT further  resolved  that said police officer shall have all powers conferred upon police officers by the general laws of the State of New York including but not limited to and such powers, not inconsistent with law, as are hereinafter set forth;  and that said police officers shall have all powers designated in § 2.2O of the Criminal Procedure Law of the State of New York and shall have the following special duties:

 

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:  March 7, 2010

 

RESOLUTION # 59                       OFFERED BY:

 

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

2WHEEL DRIVE AMBULANCE WITH NECESSARY APPURTENANCES , and

WHEREAS, Bid specifications will be available at the Shandaken Town Clerk’s Office, 7209 Route 29, Shandaken, New York 12380 or by calling 845-688-5004.

 

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

 

AND MOVES ITS ADOPTION

 

Seconded by:

 

 

ROLL CALL

 

AYES                         NAYS

 

COUNCILMAN BARTLETT                       _____                          _____

 

COUNCILMAN BERNSTEIN                     _____                          _____

 

COUNCILMAN JORDAN                           _____                          _____

 

COUNCILMAN MALLOY                          _____                          _____

 

SUPERVISOR STANLEY                           _____                      _____

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DATE:  March 7, 2010

 

RESOLUTION # 60                         OFFERED BY:

 

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

 

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

 

AND MOVES ITS ADOPTION

 

Seconded by:

 

 

ROLL CALL

 

AYES                         NAYS

 

COUNCILMAN BARTLETT                       _____                          _____

 

COUNCILMAN BERNSTEIN                     _____                          _____

 

COUNCILMAN JORDAN                           _____                          _____

 

COUNCILMAN MALLOY                          _____                          _____

 

SUPERVISOR STANLEY                           _____                      _____

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DATE:  March 7, 2010

 

RESOLUTION #61                        OFFERED BY:

 

Resolution Requesting Federal Involvement in Flood Mitigation Efforts

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

 

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

 

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

 

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

 

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

 

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

 

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

 

AND MOVE ITS ADOPTION.

 

Seconded by:                                                              ROLL CALL

 

AYES                         NAYS

 

COUNCILMAN BARTLETT                       _____                          _____

 

COUNCILMAN BERNSTEIN                     _____                          _____

 

COUNCILMAN JORDAN                           _____                          _____

 

COUNCILMAN MALLOY                          _____                          _____

 

SUPERVISOR STANLEY                           _____                      _____



 

 

 

 

 

 

 

DATE:  March 7, 2011

 

RESOLUTION 55                             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                                      $  77,603.92

Highway Fund                                                $  66,962.06

Phoenicia Water District                     $   2,902.97

Pine Hill Water District                      $     449.51

Phoenicia Lighting District                 $   1,096.18

Chichester Lighting District               $     147.25

Pine Hill Lighting District                  $     605.73

Morton Memorial Library                   $  24,829.00

Phoenicia Fire District                        $ 251,017.00

Big Indian Fire District                       $ 102,000.00

Pine Hill Fire District                          $  42,000.00

Highmount Fire Protection Dist.        $  46,400.00

 

 

AND MOVES ITS ADOPTION

 

Seconded By :

 

 

ROLL CALL

 

AYES                         NAYS

 

COUNCILMAN BARTLETT                       _____                          _____

 

COUNCILMAN BERNSTEIN                     _____                          _____

 

COUNCILMAN JORDAN                           _____                          _____

 

COUNCILMAN MALLOY                          _____                          _____

 

SUPERVISOR STANLEY                           _____                      _____

 

 

 

 

 

 

 

 

 

DATE:  March 7, 2010

 

RESOLUTION # 56                             OFFERED BY:

 

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

 

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

 

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

 

AND MOVES ITS ADOPTION

 

Seconded by:

 

 

ROLL CALL

 

AYES                         NAYS

 

COUNCILMAN BARTLETT                       _____                          _____

 

COUNCILMAN BERNSTEIN                     _____                          _____

 

COUNCILMAN JORDAN                           _____                          _____

 

COUNCILMAN MALLOY                          _____                          _____

 

SUPERVISOR STANLEY                           _____                     _____

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DATE:  March 7, 2010

 

RESOLUTION # 57                      OFFERED BY:

 

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.

 

AND MOVES ITS ADOPTION

 

Seconded by:

 

 

ROLL CALL

 

AYES                         NAYS

 

COUNCILMAN BARTLETT                       _____                          _____

 

COUNCILMAN BERNSTEIN                     _____                          _____

 

COUNCILMAN JORDAN                           _____                          _____

 

COUNCILMAN MALLOY                          _____                          _____

 

SUPERVISOR STANLEY                           _____                      _____

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DATE:  March 7, 2010

 

RESOLUTION #58                                        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 Thomas Sharon as a Part-time Police Officer to receive compensation as per the 2011 budget. and

 

BE IT further  resolved  that said police officer shall have all powers conferred upon police officers by the general laws of the State of New York including but not limited to and such powers, not inconsistent with law, as are hereinafter set forth;  and that said police officers shall have all powers designated in § 2.2O of the Criminal Procedure Law of the State of New York and shall have the following special duties:

 

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:  March 7, 2010

 

RESOLUTION # 59                       OFFERED BY:

 

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

2WHEEL DRIVE AMBULANCE WITH NECESSARY APPURTENANCES , and

WHEREAS, Bid specifications will be available at the Shandaken Town Clerk’s Office, 7209 Route 29, Shandaken, New York 12380 or by calling 845-688-5004.

 

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

 

AND MOVES ITS ADOPTION

 

Seconded by:

 

 

ROLL CALL

 

AYES                         NAYS

 

COUNCILMAN BARTLETT                       _____                          _____

 

COUNCILMAN BERNSTEIN                     _____                          _____

 

COUNCILMAN JORDAN                           _____                          _____

 

COUNCILMAN MALLOY                          _____                          _____

 

SUPERVISOR STANLEY                           _____                      _____

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DATE:  March 7, 2010

 

RESOLUTION # 60                         OFFERED BY:

 

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

 

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

 

AND MOVES ITS ADOPTION

 

Seconded by:

 

 

ROLL CALL

 

AYES                         NAYS

 

COUNCILMAN BARTLETT                       _____                          _____

 

COUNCILMAN BERNSTEIN                     _____                          _____

 

COUNCILMAN JORDAN                           _____                          _____

 

COUNCILMAN MALLOY                          _____                          _____

 

SUPERVISOR STANLEY                           _____                      _____

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DATE:  March 7, 2010

 

RESOLUTION #61                        OFFERED BY:

 

Resolution Requesting Federal Involvement in Flood Mitigation Efforts

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

 

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

 

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

 

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

 

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

 

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

 

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

 

AND MOVE ITS ADOPTION.

 

Seconded by:                                                              ROLL CALL

 

AYES                         NAYS

 

COUNCILMAN BARTLETT                       _____                          _____

 

COUNCILMAN BERNSTEIN                     _____                          _____

 

COUNCILMAN JORDAN                           _____                          _____

 

COUNCILMAN MALLOY                          _____                          _____

 

SUPERVISOR STANLEY                           _____                      _____