DATE: September 12, 2011
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
AND MOVES ITS ADOPTION
Seconded By : Councilman Jordan
ROLL CALL
AYES NAYS
COUNCILMAN BARTLETT __x__ _____
COUNCILMAN BERNSTEIN __x__ _____
COUNCILMAN JORDAN __x__ _____
COUNCILMAN MALLOY __x__ _____
SUPERVISOR STANLEY __x__ _____
DATE: September 12, 2011
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.
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL
AYES NAYS
COUNCILMAN BARTLETT __x__ _____
COUNCILMAN BERNSTEIN __x__ _____
COUNCILMAN JORDAN __x__ _____
COUNCILMAN MALLOY __x__ _____
SUPERVISOR STANLEY __x__ _____
TOWN OF SHANDAKEN
DATE: September 12, 2011
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:
A. 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.
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.
AND MOVES ITS ADOPTION
Seconded by: Councilman Jordan
ROLL CALL
AYES NAYS
COUNCILMAN BARTLETT __x__ _____
COUNCILMAN BERNSTEIN __x__ _____
COUNCILMAN JORDAN __x__ _____
COUNCILMAN MALLOY __x__ _____
SUPERVISOR STANLEY __x__ _____
STATE OF NEW YORK )
ULSTER COUNTY )
OFFICE OF THE CLERK OF )ss:
THE TOWN OF SHANDAKEN )
TOWN CLERK=S CERTIFICATION
This is to certify that I, Laurilyn J. Frasier, Town Clerk of the Town of Shandaken in the said County of Ulster, have compared the foregoing copy of Resolution #111 dated September 12, 2011, the original now on file in this office, and that the same is a correct and true transcript of such original Resolution #111 of 2011.
In Witness Whereof, I have hereunto set my hand and affixed the seal of said Town this 13th day of September 2011.
_____________________________________________
Town Clerk of the Town of Shandaken
TOWN OF SHANDAKEN
DATE: September 12, 2011
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.
AND MOVE ITS ADOPTION
Seconded by: Councilmen Bartlett & Jordan
ROLL CALL
AYES NAYS
COUNCILMAN BARTLETT __x__ _____
COUNCILMAN BERNSTEIN __x__ _____
COUNCILMAN JORDAN __x__ _____
COUNCILMAN MALLOY __x__ _____
SUPERVISOR STANLEY __x__ _____
STATE OF NEW YORK )
ULSTER COUNTY )
OFFICE OF THE CLERK OF )ss:
THE TOWN OF SHANDAKEN )
TOWN CLERK=S CERTIFICATION
This is to certify that I, Laurilyn J. Frasier, Town Clerk of the Town of Shandaken in the said County of Ulster, have compared the foregoing copy of Resolution #112 dated September 12, 2011, the original now on file in this office, and that the same is a correct and true transcript of such original Resolution #112 of 2011.
In Witness Whereof, I have hereunto set my hand and affixed the seal of said Town this 13th day of September 2011.
_____________________________________________
Town Clerk of the Town of Shandaken
Ulster County, New York
DATE: September 12, 2011
RESOLUTION #113 OFFERED BY: Councilman Bartlett
CAMPAIGN SIGNAGE
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.
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL
AYES NAYS
COUNCILMAN BARTLETT __x__ _____
COUNCILMAN BERNSTEIN __x__ _____
COUNCILMAN JORDAN __x__ _____
COUNCILMAN MALLOY __x__ _____
SUPERVISOR STANLEY __x__ _____
DATE: September 12, 2011
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.
AND MOVES ITS ADOPTION
Seconded by: Councilman Jordan
ROLL CALL
AYES NAYS
COUNCILMAN BARTLETT __x__ _____
COUNCILMAN BERNSTEIN __x__ _____
COUNCILMAN JORDAN __x__ _____
COUNCILMAN MALLOY __x__ _____
SUPERVISOR STANLEY __x__ _____
DATE: September 12, 2011
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.
AND MOVES ITS ADOPTION
Seconded by: Supervisor Stanley & Councilman Bernstein
ROLL CALL
AYES NAYS
COUNCILMAN BARTLETT __x__ _____
COUNCILMAN BERNSTEIN __x__ _____
COUNCILMAN JORDAN __x__ _____
COUNCILMAN MALLOY __x__ _____
SUPERVISOR STANLEY __x__ _____
DATE: September 12, 2011
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
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.
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL
AYES NAYS
COUNCILMAN BARTLETT __x__ _____
COUNCILMAN BERNSTEIN __x__ _____
COUNCILMAN JORDAN __x__ _____
COUNCILMAN MALLOY __x__ _____
SUPERVISOR STANLEY __x__ _____
DATE: September 12, 2011
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.
AND MOVES ITS ADOPTION
Seconded by: Councilman Bartlett
ROLL CALL
AYES NAYS
COUNCILMAN BARTLETT __x__ _____
COUNCILMAN BERNSTEIN __x__ _____
COUNCILMAN JORDAN __x__ _____
COUNCILMAN MALLOY __x__ _____
SUPERVISOR STANLEY __x__ _____
DATE: September 12, 2011
RESOLUTION #119 OFFERED BY: Councilman Bartlett
RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED
BY THE NEW YORK STATE LIQUOR AUTHORITY
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.
AND MOVES ITS ADOPTION
Seconded by: Councilman Malloy
ROLL CALL
AYES NAYS
COUNCILMAN BARTLETT __x__ _____
COUNCILMAN BERNSTEIN __x__ _____
COUNCILMAN JORDAN __x__ _____
COUNCILMAN MALLOY __x__ _____
SUPERVISOR STANLEY __x__ _____
DATE: September 12, 2011
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
THEREFORE be it resolved that Patt Hughes be appointed as Building Inspector Secretary at the hourly rate of $11.15.
AND MOVES ITS ADOPTION
Seconded by: Councilman Bartlett
ROLL CALL
AYES NAYS
COUNCILMAN BARTLETT __x__ _____
COUNCILMAN BERNSTEIN __x__ _____
COUNCILMAN JORDAN __x__ _____
COUNCILMAN MALLOY __x__ _____
SUPERVISOR STANLEY __x__ _____
