January 4, 2010

 

RE-ORGANIZATION MEETING

January 4, 2010

6:00 pm

The Town Board met this date as per resolution, with the following members present: Supervisor Stanley, Councilmen Bartlett, Bernstein, Jordan and Malloy.

Supervisor Stanley called the meeting to order.

Pledge of Allegiance to our Flag.

NOTICE OF SPECIAL TOWN BOARD MEETING

PLEASE TAKE NOTICE that the Town of Shandaken Town Board will hold a Special Town Board Meeting a/k/a Reorganization Meeting on Monday, January 4, 2010, at 6:00 PM.  The purpose of this meeting will be to reorganize for 2010 and make yearly appointments for the ensuing year.  The Town of Shandaken Town Board holds their meetings at the Town Hall, Route 28, Shandaken, New York and is accessible to the disabled.

Dated: December 10, 2009                               By Order of the Shandaken Town Board

Laurilyn J. Frasier, RMC/MMC

Judge Crucet came forward for the swearing in, but before he could swear in the newly elected officers, he first had to be sworn in.  Town Clerk Frasier swore in Judge Crucet.

Judge Crucet swore in Supervisor Stanley, Councilman Jordan, Councilman Bartlett, Superintendent Hofmeister, Assessors Seitz and DiModica.

Roll Call – All Present

Motion by Supervisor Stanley to accept the minutes of the December 7th , Public Hearing on Alarm Law, December 7th Regular Town Board Meeting and December 28th End of Year meeting, seconded by Councilman Jordan, all in favor, motion carried.

Communications

Supervisor Stanley – I spoke to Jeff Graff and Alan Rosa, we had discussed the CWC taking over the sewer project. We will further discuss this at the February meeting and take action then if the board deems necessary.  They are alright with us holding off until our February meeting and we get through re-organization and the transition of the new board.

I also talked to Alan Rosa, Eric Hofmeister, my self and any Councilmen that wish to go along, possibly the liaison for the Highway.   CWC is offering funding for grass pellet stoves, there is currently one in operation in Hunter and are putting one in, in Andes.  There was a presentation at Local Government Days and they are manufactured locally in Walton.    We will see what we find out and how economical they are and get back to you in February.

I went to a meeting with Mike Heins’s office today, as has been discussed they would like to consolidate municipal services and correct redundancies.  Today the decentralization of the County Highway Department was discussed, he will be creating a committee to look into what savings would be for the county and the towns.

Supervisor Stanley thanked Flo Sullivan for investigating the new MVP health insurance system, we did not have an 80 thousand dollar increase in the budget.  With the new system the town pays the deductible.  If we stay with this plan there will be a cost savings to the town of 118 thousand dollars.

Cell Service, Councilman Jordan and my self have a contact with Verizon that works at Belleayre and he is going to assist in helping us to find the problem or the reason why they did not want to go on the cell tower.

The State Comptroller’s office has contacted our office and they are going to do a random audit of the town.  When speaking to Lindly Churchill our accountant, said that two other towns that he does is also in the same situation.

The New York State Retirement System has sent a letter to the Town, I put a copy in everyone’s mail box, asking newly elected officials to keep track of their hours for the first 150 days in office

next month or the month after we have to pass a resolution stating that we are doing this.   I think that it is a good idea for all elected officials to keep track of their hours for efficiency purposes.

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Liaison Appointments

Councilman Bernstein – Phoenicia Water, Police and Shandaken Day

Councilman Malloy – SHARP, Ambulance, Recreation Committee and the Rail Trail or Ulster                                           County non motorized trails

Councilman Bartlett – Planning Board, Phoenicia Water, Pine Hill Water, and Catskill                                    Collaborative

Councilman Jordan – Recreation, Highway Department, Zoning Board and Museum

Committee Reports and Communications

Councilman Bartlett – Senior Lunch Program at Phoenicia Methodist Church

Lunch tomorrow will be catered by Russ’s Country Kitchen, the next will be Thursday, you must make a reservation by calling me or Doris Murphy, and you must be age 60 to attend.

Councilman Bernstein – the 13th Annual Primitive Biathlon will be January 17th at the Upper Esopus Fish & Game Club.  The Biathlon is a winter sporting event using muzzle loader rifles and snow shoes, it is about a mile course through woods, fields and over streams, it is open to the public and starts about 8:30 am and runs to about 2:00 pm.

Councilman Bernstein – Councilman Night will be held on the 19th of this month at the Pine Hill Community Center, Tuesday from 6:30 – 8:00 pm.

Councilman Malloy – Recreation Committee is this Wednesday night, here at 6:30 pm.

Councilman Jordan – First I am pleased to be here.  One of the things I would like to see is increased communications.  I have spoke to Paul Smart and he has been kind enough to offer us space in his publications if we would like to put together a news letter periodically.  I am also going to Albany tomorrow for training with the Association of Towns, so that I know what I am doing.

Matt Persons – Shandaken Museum Board

Stated that he is one of the original founders of the Shandaken Museum and last year was their 20th anniversary but it did not happen because it was in disrepair.    He also stated that he has about 24 years of investigating, collecting and gathering history of ther town.  This is the entire history of your town.    They recently hired a museum director Mary Herrmann, to work 16 hours per week.    There is a lot to do in the museum, there are thousands of documents and pictures and other artefacts.  We are willing to cut the hours one day per week, saving 16 hours per month.   He went on to say that they are going to be applying for grants, and that takes time, phone calls and research.    He went on to say that every thing takes time and if the hours are cut, things won’t get done.  He ended by “Lost time is never found”a quote from Benjamin Franklin.   Mary Herrmann read a letter from Historian June LaMarca, recommending Mary for the directors job, because she has computer knowledge, lives close by and the ability to do the job.  Discussion with the Town Board continued.

Supervisor Stanley said that they would like to see a little more accountability by the Museum Board.   There is a donation account held by the Museum, correct?  We have no inkling of how much is in it, how much is spent out of it and what it is spent on.    Mr. Persons said that the statement ended up at SHARP and then here, if you wanted to you could have opened it.   Ms. Herrmann said that you are suppose to write on it return to sender.    She also said that the Museum Board is it’s own non-profit, they have their own by laws.  They do not fall under the Town Board.   Supervisor, the Town owns the building.

Discussion continued with the conclusion that members of the Town Board will meet with the Museum Board for further discussion.

Ambulance Report – Rich Muellerliele

Report for 2009    Copy Attached

Police Report – Kris Frisenda

December Report & End of Year Report Copy Attached

Phoenicia Water – Al Peavy

The Phoenicia Water system is inadequate and we are looking for grant money to do up grades for the system.  We are also looking at an extension on Route 214 which has been in front of the Board for five or six months now.  It is pricy and I know we so not have the money to do it now.

Brinner & Larios will be looking this over and giving us a price.  Commissioner Ricciardella added that it is for a resident that has requested water about 200 feet from the end of the water line.

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Supervisor suggested that they work with Candace Baumer of R Cap Solutions has done this for years for Pine Hill, if you don’t mind I think she would be a good asset for grants.

Councilman Bernstein added January 20th at 6:30pm is the Phoenicia Water District Meeting at the Phoenicia Library.

Pine Hill Water – Don Clark and Pete DiModica

Everything is OK, nothing is broken.

Resolutions

Motion by Supervisor Stanley to table Resolution #35 until the Planning Board has done their interviews and made a recommendation to the Town Board who they would like to appoint, seconded by Councilman Bernstein, all in favor, motion carried.

Councilman Bartlett said that we should make a motion to table #37, Supervisor Stanley said that the Planning Board will need a chairman to run the next meeting.  Councilman Bartlett said that Joan Munster would chair the meeting and Supervisor said that Mr. Frasier was willing to take the chairmanship for the next meeting until that can pick a chairman and recommend to the Town Board.

Discussion on Planning Board Chairmanship – Supervisor Stanley stated that this should be done withing the Planning Board with recommendation to the Town Board, this is the way it should be when the Town Board gets involved it is to political.    Mr. Frasier said that once they have a full board and they vote on a chairman that recommendation will be given to the Town Board, he was asked to chair the January meeting until they have a full board because he is the longest member on the Planning Board.

RESOLUTION #1                                         OFFERED BY Councilman Bernstein

RULES OF PROCEDURE

WHEREAS, §63 of New York State Town law provides that the Town Board may determine the rules of its procedures:

THEREFORE BE IT RESOLVED, that the following “Rules of Procedure” for regular Town Board meetings be adopted.

The Town Supervisor, as Chairman of the Town Board, shall call meetings of the Town Board to order and shall be the Presiding Officer or Chair of the meeting, and as such shall officiate, maintain order and decorum, and permit public participation in an orderly manner and in accordance with the rules stated below.

1.                  PLEDGE: Call to order shall be followed by the pledge of allegiance to the flag of the United States of America.

2.                  ROLL CALL: The Chair shall request Roll Call of the Town Board members by the Town Clerk, and after determining that a quorum exists, the Town Supervisor shall declare the meeting open.  The Town Supervisor shall read the agenda (if not already published and distributed) and proceed to the business of the Town Board at hand.

3.                  MINUTES: At each meeting following the new Town Board’s January Special Organizational Meeting, the Chair shall provide opportunity for the Town Board to review the minutes of the previous meeting of the Town Board.  Thereafter, the Chair shall entertain a motion to approve the minutes as presented or to amend.

4.                  CORRESPONDENCE: The Chair shall first call for acknowledgment and summary of any petitions or written communications received by the Town Board.  Copies shall be given to the Town Clerk for recording into the minutes.

5.                  COMMITTEE REPORTS: The Chair shall recognize committee chairmen for their committees report.

6.                  PUBLIC PARTICIPATION: The Public will be invited to comment as requested on items appearing in the published agenda, expressing any views, opinions, requests, recommendations or questions to the Board to address and/or take under advisement in its deliberations.  A maximum time limit of 30 minutes.  The Public is requested to be brief with their comments.

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7.                  CONDUCT NEW BUSINESS

a.  THE SUPERVISOR’S FISCAL REPORT shall be the first order of new business.  It shall set forth public monies received through the Town clerk’s Office and other sources, and the disbursement of public monies.  The Chair shall entertain motions to approve the Supervisor’s Fiscal Report and to approve all necessary disbursements of public monies through authorized fund accounts.  All actions of the Town Board concerning the Supervisor’s Fiscal Report shall be by motion.

b.  RESOLUTIONS: For its deliberations on new matters of Town Business, the Board will work from the written agenda distributed to Board members in advance, posted on the Town bulletin board and distributed at Board meetings to public.  Formal actions of the Town Board must be authorized by motion or resolution of the Town Board.  No motion or resolution shall be brought to a vote unless it has been presented to all members of the Town Board at least 48 hours prior to the opening of the meeting.  In emergency circumstances, however, all of the above requirements may be waived by a vote of a majority of the Town Board present, provided there is a quorum.

c.  Every motion or resolution must be seconded before discussion of the Town Board or the Supervisor calls for a vote.  All motions and resolutions shall be recorded in their entirety in the minutes of the Town Board meeting.  As a member of the town Board, the Supervisor may offer or second motions and resolutions.

d.  Town Board members must recuse themselves from participation in discussion or voting on matters that involve a conflict of interest and must place in the minutes their reasons for recusal.  Abstention from a vote shall only be permitted for reasons of conflict of interest, and not for political considerations.

8.                  PUBLIC PARTICIPATION: The Board recognizes the value of public participation but reminds the Public that it is a privilege. Please address the Board with respect and civility.

9.                  ADJOURNMENT: Following resolutions, and open agenda period, the Town Board meeting shall be adjourned by motion, in memory of residents deceased.

IF THE ABOVE RULES OF PROCEDURE SHOULD AT ANY TIME BE IN CONFLICT WITH STATUTORY LAW, THEN STATUTORY LAW PREVAILS.

AND MOVES ITS ADOPTION

Seconded By: Supervisor Stanley

ROLL CALL    5 Ayes

RESOLUTION # 2                                        OFFERED BY Councilman Jordan

MEETING DATES

WHEREAS, under § 62 of the Town Law, the Town Board should adopt a resolution

determining the time and place it shall hold its regular meeting; therefore be it

RESOLVED, that the regular meetings of the Town Board be held the first Monday of the Month  (unless noted) in the Town Hall of Shandaken, New York on the following dates during the year 2010

January 4th 6:00 PM

February 1st 7:00 PM

March 1st 7:00 PM

April 5th 7:00 PM

May 3rd 7:00 PM

June 7th 7:00 PM

July 12th 7:00 PM (second Monday)

August 2nd 7:00 PM

September 13th 7:00 PM (second Monday)

October 4th 7:00 PM

November 3rd 7:00 PM (Wednesday)

December 6th 7:00 PM

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AND MOVES ITS ADOPTION

Seconded by: Councilman Malloy

ROLL CALL 5 Ayes

RESOLUTION #3                                         OFFERED BY Supervisor Stanley

TOWN DEPOSITORY

WHEREAS, under § 64, Subdivision 1 of the Town Law, the Town Board should adopt a resolution designating a bank or banks, or trust company in which all Town Officials shall deposit all monies coming into their hands by virtue of their offices; therefore be it

RESOLVED, that KEY BANK of NEW YORK, and WILBER NATIONAL BANK

be and hereby are designated as depositories for the Town of Shandaken.

AND MOVES IT ADOPTION

Seconded by:   Councilman Bartlett

ROLL CALL     5 Ayes

RESOLUTION #4                                         OFFERED BY: Councilman Malloy

OFFICIAL NEWSPAPER

WHEREAS, under § 64, Subdivision 11 of the Town Law, the Town Board should adopt a resolution designating the Official Newspaper of the Town; therefore be it

RESOLVED, that the Daily Freeman be and hereby is the Official Newspaper for the Town of Shandaken, for the year 2010.

AND MOVES IT ADOPTION

Seconded by: Supervisor Stanley

ROLL CALL 5 Ayes

RESOLUTION #5                                         OFFERED BY Councilman Bartlett

TOWN POLICE DEPARTMENT

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 the following individuals as Police Officers to receive compensation as indicated:

NAME                         COMPENSATION

1. Michael Ennist          $49,999.19 with longevity    $23.85 per hour

2. Kris Frisenda            $49,999.19 with longevity    $23.85 per hour

3. Fred Holland            $48,939.19 with longevity    $23.39 per hour

4. George Neher          $46,419.19 with longevity    $22.32 per hour and

5. James McGrath, Officer in Charge, $23,000.00 $17.54 per hour

PART-TIME POLICE

6. Chad Storey             $17.75 hr

7. John Wooton                        $17.75 hr

8. Stuart McKenzie                  $17.75 hr

9. Scott Buchingerl                   $17.75 hr

10. Erinn Knox             $17.75 hr

11. Travis Nissen                      $17.75 hr

12.  Adam McGrath                 $17.75 hr

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And that said police officers 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: Supervisor Stanley & Councilman Bernstein

ROLL CALL 5 Ayes

RESOLUTION #6                                         OFFERED BY: Councilman Bernstein

DEPUTY TOWN CLERKS & TAX COLLECTORS

WHEREAS, under §30, Subdivision 10 of the Town Law, the Town Clerk determines the designation of Deputies, the Town Board shall determine by resolution the powers and duties of such deputies, and whether or not, such deputies shall be compensated by the Town; therefore be it

RESOLVED, that the Town Board appoint, Ginger Byron as part time Deputy Town Clerk/Tax Collector and be paid$13.13 per hour and to perform the duties of the Town Clerk/Tax Collector in her absence. and be it further

RESOLVED, that Jacqui Guglielmetti be appointed as part time Deputy Town Clerk/Tax Collector and be paid $12.62 per hour and to perform the duties of the Town Clerk /Tax Collector in her absence

AND MOVES ITS ADOPTION

Seconded by: Councilman Jordan

ROLL CALL 5 Ayes

RESOLUTION #7                                         OFFERED BY:   Councilman Jordan

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 Part time Secretary/Bookkeeper to the Supervisor; therefore be it

RESOLVED, that the Town Board approve the appointment of Patricia Heinz to serve at the pleasure of the Supervisor, and receive $12.84 per hour when discharging the duties of said office.

AND MOVES ITS ADOPTION

Seconded by: Supervisor Stanley

ROLL CALL   5 Ayes

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RESOLUTION #8                                         OFFERED BY:   Supervisor Stanley

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 Susan Raymond to serve at the pleasure of the Supervisor, and receive $10.30 per hour when discharging the duties of said office.

AND MOVES ITS ADOPTION

Seconded by:   Councilman Malloy & Bernstein

ROLL CALL    5 Ayes

RESOLUTION #9                                         OFFERED BY:   Councilman Malloy

SECRETARY TO HIGHWAY SUPERINTENDENT

WHEREAS, under § 20, Notes of Decision 9 of the Town Law, the Town Board shall appoint all employees of the Town; therefore be it

RESOLVED, that upon the recommendation of the Highway Superintendent, that Florence Stanley be reappointed to serve as Secretary to the Highway Superintendent, and to serve at his pleasure, and to be paid $11.94 per hour when performing the duties of said office.

AND MOVES ITS ADOPTION

Seconded by:   Supervisor Stanley

ROLL CALL    5 Ayes

RESOLUTION #10                                       OFFERED BY:   Councilman Bartlett

WATER DISTRICTS BILLING CLERK

WHEREAS, under § 20 of the Town Law, the Town Board should designate all appointed officers and employees of the Town; therefore be it

RESOLVED, that Ginger Byron be and hereby is appointed Billing Clerk for the Phoenicia Water District, and be paid a salary of $1,324.00 and be it further

RESOLVED, that Ginger Byron be and hereby is appointed Billing Clerk for the Pine Hill Water District, and be paid a salary of $2,458.15, and be it further

RESOLVED, that she serve at the pleasure of the Town Board, Water Commissioners and the Tax Collector.

AND MOVES ITS ADOPTION

Seconded by:    Councilman Jordan

ROLL CALL    5 Ayes

RESOLUTION #11                                       OFFERED BY: Councilman Bernstein

CHAIRMAN OF BOARD OF ASSESSORS

WHEREAS, under § 22b of the Town Law, the Town Board should designate the appointed officers and employees of the Town; therefore be it

RESOLVED, that Heidi Clark be appointed Chairman of the Board of Assessors for the Town of Shandaken and receive an annual salary of $31,954.00.

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AND MOVES ITS ADOPTION

Seconded by:   Supervisor Stanley

ROLL CALL    5 Ayes

RESOLUTION #12                                       OFFERED BY: Councilman Jordan

SALARIES

WHEREAS, under § 27 of the Town Law, the Town Board shall fix the salaries and expenses of Elective Officials for the Town; therefore be it

RESOLVED, that the annual salaries of said officers be and hereby are fixed and determined for the year 2010 and shall be as follows:

SALARY

Supervisor – Robert Stanley                            30,000.00

Clerk/Collector – Laurilyn Frasier                   31,954.00

Highway Supt. – Eric Hofmeister                    44,346.00

Assessor/Chairman – Heidi Clerk                    31,954.00

Assessor – Pete DiModica                                 5,000.00

Carol Seitz                                      5,000.00

Justice -Tom Crucet                                        17,187.00

Michael Miranda                                17,187.00

Councilman  – Jack Jordan                                 9,000.00

Vin Bernstein                            9,000.00

Tim Malloy                               9,000.00

Doris Bartlett                            9,000.00

AND MOVES ITS ADOPTION

Seconded by: Councilman Malloy

ROLL CALL    5 Ayes

RESOLUTION #13                                       OFFERED BY: Supervisor Stanley

AMBULANCE TECHNICIANS

WHEREAS, under § 20 of the Town Law, the Town Board shall designate all appointed officers and employees of the Town; therefore be it

RESOLVED, That the following be appointed to the Shandaken Town Ambulance:

Administrator at $10,000 per year

Richard Muellerliele

Part Time Paramedics:  $185.40 per 12 hour shift, including trips

Richard Muellerliele

Eric Pikas

John Welch

Brendan Whalen

Jim Baker

Mark Bedell

Mike Williams

Duane Davis

Benjamin Holm

Stacy McGarry

Full Time EMT at $30,235.00 per year

Ernest Longhi

Part Time EMT’s: $66.20 per 12-hour shift, & 29.79 per trip

Dennis Frano

Gary Carr Jr.

Tracy Stokes

Ernie Longhi Jr.

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Christie Thomas

Chad Storey

Austin Wyant

Jack Spinneweber

Ambulance Drivers and Certified First Responders $49.65 per shift, $25.38 per trip

Kenneth Booth, Driver

Todd Carr, Driver

Tom Crucet, Driver

David Carr, Driver

Gene Knoth, Driver

Keith Johnson, Driver

John Rossitz, Jr., Driver

Gerald Neal, Driver

Brian Perez, Driver

Andrew McGarry, Driver

Robert Burns, Driver

Peter DiSclafani, Driver

Equipment Manager – Dennis Frano at $5,000 per year and

Training Official – Brendon Whalen at $5,000 per year

and that said employees serve at the discretion of the Town Board.

AND MOVES ITS ADOPTION

Seconded by: Councilman Jordan

ROLL CALL    5 Ayes

RESOLUTION #14                                       OFFERED BY: Councilman Malloy

DOG CONTROL OFFICER AND DOG ENUMERATOR

WHEREAS, under § 20 of the Town Law, the Town Board should designate all appointed officers and employees of he Town; therefore be it

RESOLVED, that Nancy Hudler be hereby reappointed Dog Control Officer and Enumerators for the year 2010 and shall receive an annual wage of $8,268.00 and Chad Storey be hereby reappointed Dog Control Officer and shall receive an annual wage of $4,316.00 and contractual expenses of $4,000 for expenses incurred pursuant to law, when discharging the duties of said office at the pleasure of the Board.

AND MOVES ITS ADOPTION

Seconded by:   Councilman Bartlett

ROLL CALL     5 Ayes

RESOLUTION #15                                       OFFERED BY: Councilman Bartlett

CLERK FOR THE JUSTICE COURT

WHEREAS, under § 20 of the Town Law, notes of Decision 9, the Town Board should designate all appointed officers and employees of the Town; therefore be it

RESOLVED, that Wendy Helm be reappointed as Clerk of the Justice Court, to assist in the Clerical Duties of the Town Justice Court, and be paid a salary of $23,012.00 while discharging the duties of said office.

AND MOVES ITS ADOPTION

Seconded by: Councilman Stanley

ROLL CALL    5 Ayes

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RESOLUTION #16                           OFFERED BY: Councilman Bernstein

SECRETARY/RECEPTIONIST TO ASSESSORS

WHEREAS, under § 20 of the Town Law, notes of Decision 9, the Town Board should designate all appointed officers and employees of the Town; therefore be it

RESOLVED, that Sue Christiana be and hereby is reappointed Secretary/Receptionist to the Assessors, to assist in the Clerical duties of the Assessors, and to be paid an annual salary of $21,064.00 ($11.58 per hour),

AND MOVES ITS ADOPTION

Seconded by: Councilman Jordan

ROLL CALL    5 Ayes

RESOLUTION #17                                       OFFERED BY: Councilman Bernstein

DEPUTY SUPERVISOR

WHEREAS, under § 42 of the Town Law, the Town Board may create the post of Deputy Supervisor; therefore be it

RESOLVED, that the Town Board approve the appointment of Vin Bernstein to act as Deputy Supervisor, in the absence of the supervisor, without compensation, for the year 2010

AND MOVES ITS ADOPTION

Seconded by: Supervisor Stanley

ROLL CALL      4 Ayes 1 Recuse (Bernstein)

RESOLUTION #18                                       OFFERED BY: Supervisor Stanley

SOCIAL SERVICES OFFICER

WHEREAS, under Municipal Affairs, the State Comptroller, § 71-1098 grants the Town Board the right to authorize someone to act as Town Social Services Officer; therefore be it

RESOLVED, that the Town Board approve Eve Smith to act as Social Services Officer, to be paid an annual salary up to $5,737.00, and be allowed expense money in the amount of $300. for expenses incurred pursuant to law, when discharging the duties of said office.

AND MOVES ITS ADOPTION

Seconded by: Councilman Malloy

ROLL CALL      5 Ayes

RESOLUTION #19                                       OFFERED BY: Councilman Malloy

ATTORNEY FOR THE TOWN

WHEREAS, the Town Board may, pursuant to Town Law, § 20 Subdivision 25, employ an attorney to give it such professional service and legal council; therefore be it

RESOLVED, that the Supervisor be empowered to utilize the services of Paul Kellar as

General Counsel to the Town Board and other Counsel at his discretion.

AND MOVES ITS ADOPTION

Seconded by:   Supervisor Stanley

ROLL CALL     5 Ayes

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RESOLUTION #20                                       OFFERED BY: Councilman Bartlett

MILEAGE ALLOWANCE

WHEREAS, under § 12, notes of Decision 32 of the Town Law, a Town Officer is entitled to be paid a mileage allowance fixed by the Town Board; therefore be it

RESOLVED, that all Town Officers and employees be paid the IRS mileage rate of $.55 per mile, when discharging their duties as Town Officials.

AND MOVES ITS ADOPTION

Seconded by: Supervisor Stanley & Councilman Malloy

ROLL CALL    5 Ayes

RESOLUTION #21                                       OFFERED BY:   Councilman Bernstein

ADVANCE PAYMENT OF UTILITY BILLS

WHEREAS, under § 118, notes of Decision 2 of the Town Law, the Town Board may authorize payment of public utility services, in advance of audit of claims; therefore be it

RESOLVED, that the Town Board authorize the Supervisor to pay said bills in advance of audit of claims.

AND MOVES ITS ADOPTION

Seconded by: Councilman Jordan

ROLL CALL     5 Ayes

RESOLUTION #22                                       OFFERED BY: Councilman Jordan

EXPENSES FOR THE ASSOCIATION OF TOWNS’ ANNUAL MEETING

WHEREAS, under § 102, notes of Decision 10, of the Town Law, Towns may incur obligations for compensation of Town Officers; therefore be it

RESOLVED, that the Town Board hereby authorizes the payment of expenses incurred, to all Town Officers attending the Annual Meeting of the Association of Towns, in an amount not to exceed $1,000 each, with $200 in advance with all expenses to be supported by voucher and receipts and be it further

RESOLVED that in the case of the Zoning Board of Appeals and the Planning Board a maximum of three will be allowed to attend.

AND MOVES ITS ADOPTION

Seconded by: Supervisor Stanley

ROLL CALL     5 Ayes

RESOLUTION #23                                       OFFERED BY: Supervisor Stanley

TOWN AUDITOR

WHEREAS, the Town Board appoints all employees and officers of the Town pursuant to § 20 of the Town Law; therefore be it

RESOLVED that the firm of Sickler, Torchia, Allen & Churchill be and hereby is reappointed Town Auditors and Accountants at an allowance up to $20,000 as allocated in the 2010 budget.

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AND MOVES ITS ADOPTION

Seconded by: Councilman Malloy

ROLL CALL     5 Ayes

RESOLUTION #24                                       OFFERED BY: Councilman Malloy

PARKING LOT LEASE

WHEREAS, the Town of Shandaken has entered into an agreement with Martin Millman to lease the parking lot adjacent to the Phoenicia Pharmacy in Phoenicia for the sum of $1.00, for the fiscal year 2009 therefore be it

RESOLVED, that this agreement be extended for the fiscal year 2010 and all terms of said original contract be agreed upon.

AND MOVES ITS ADOPTION

Seconded by:   Supervisor Stanley

ROLL CALL      5 Ayes

RESOLUTION #25                                       OFFERED BY:   Councilman Bartlett

ZONING ENFORCEMENT OFFICER

FLOOD PLAIN ADMINISTRATOR

BUILDING INSPECTOR

BUILDING/ZONING SECRETARY

WHEREAS, pursuant to Town Law § 138 and pursuant to §’s 116-63, 116-64 and 77-11 of the Code of the Town of Shandaken,  Zoning Officer in the Town is responsible for the enforcement of Zoning Ordinances and rules and regulations; therefore be it

RESOLVED, that Gina Reilly be reappointed as Zoning Enforcement Officer/ Flood Plain Administrator/Building Inspector and Zoning/Building Secretary to be paid an annual salary of  $28,114.00 and mileage while on Town Business.

AND MOVES ITS ADOPTION

Seconded by: Councilman Jordan

ROLL CALL    5 Ayes

RESOLUTION #26                                       OFFERED BY: Councilman Bernstein

DIRECTOR OF CIVIL DEFENSE

WHEREAS, under § 20 of the Town Law, the Town Board should designate all appointed officers and employees of the Town; therefore be it

RESOLVED, that Gary Carr, Jr. be reappointed as director of Civil Defense for the Town of Shandaken with no compensation.

AND MOVES ITS ADOPTION

Seconded by: Supervisor Stanley

ROLL CALL    5 Ayes

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Re-organization Meeting

January 4, 2010

RESOLUTION #27                                       OFFERED BY: Councilman Jordan

TOWN HISTORIAN AND ASSISTANT HISTORIAN

WHEREAS, under § 20 of the Town Law, the Town Board should designate all appointed officers and employees of the Town and the Town Board wishes to appoint a Town Historian; therefore be it

RESOLVED, that Nancy Smith be reappointed Historian; and that June LaMarca and Maureen Nagy be reappointed Assistant Historians, to act as Historian in her absence;

AND MOVES ITS ADOPTION

Seconded by: Supervisor Stanley

ROLL CALL     5 Ayes

RESOLUTION #28                           OFFERED BY: Supervisor Stanley

POLICE COMMISSION

WHEREAS, pursuant to § 20 of the Town Law it is the duty of the Town Board to appoint all boards and commissions; therefore be it

RESOLVED, that William Lundberg and Henry J. Strauss be reappointed to the Police Commission for the year 2010

AND MOVES ITS ADOPTION

Seconded by: Councilman Jordan

ROLL CALL    5 Ayes

RESOLUTION #29                                        OFFERED BY: Councilman Malloy

RECYCLING ATTENDANT

WHEREAS, under § 20 of the Town law, the Town Board should designate all appointed officers and employees of the Town; therefore be it

RESOLVED, that Joe Rotella, Sr be reappointed as Recycling Attendant at an annual salary of $7,858.00.

AND MOVES ITS ADOPTION

Seconded by: Councilman Bartlett

ROLL CALL    5 Ayes

RESOLUTION #30                                        OFFERED BY: Councilman Bartlett

AMERICAN LEGION AND VETERANS OF FOREIGN WARS

WHEREAS, the annual budget approved by the Town Board provides monies for Patriotic

Observances and Veteran’s Organizations; and

WHEREAS, it has been the procedure to pay this money to the American Legion and Veterans of Foreign Wars, for said purposes; therefore be it

RESOLVED, that the sum of $2,000.00 each be and hereby is appropriated for Rent of Rooms and Patriotic Observances for each of the organizations for the year 2010.

AND MOVES ITS ADOPTION

Seconded by: Councilman Malloy

ROLL CALL       3 Ayes 2 Recuse (Bernstein – member of American Legion & Malloy member of VFW)

Page 14

Re-organization Meeting

January 4, 2010

RESOLUTION #31                                        OFFERED BY: Councilman Bernstein

PROGRAMS FOR THE AGING

WHEREAS, the annual budget approved by the Town Board provides monies for the Programs for the Aging, therefore be it

RESOLVED, that the sum of $2,000.00 be and hereby is appropriated to the Program for the Aging and

BE IT FURTHER RESOLVED, that the sm of  $3,000.00 be and hereby is appropriated to the Senior Nutrition Program..

AND MOVES ITS ADOPTION

Seconded by: Councilman Malloy

ROLL CALL      5 Ayes

RESOLUTION #32                           OFFERED BY:   Councilman Jordan

SUPERINTENDENT OF PINE HILL WATER DISTRICT

WHEREAS, under § 20 of the Town Law, the Town Board should designate all appointed officers and employees of the Town; therefore be it

RESOLVED, that Donald Clark be and hereby is reappointed Superintendent of the Pine Hill Water District, and hold office at the pleasure of the Town Board, and receive an annual salary of $22,812.90 to be disbursed once each month and expenses as allotted in the 2010 budget as pursuant to law, while discharging the duties of his office;

and that the Town Board, upon the recommendation of the Water Superintendent, hire laborers as the Water Superintendent deems necessary within budget constraints.

AND MOVES ITS ADOPTION

Seconded by:   Councilman Bernstein

ROLL CALL      5 Ayes

RESOLUTION #33                           OFFERED BY: Supervisor Stanley

SUPERINTENDENT OF PHOENICIA WATER DISTRICT

WHEREAS, under § 20 of the Town Law, the Town Board should designate all appointed officers and employees of the Town; therefore be it

RESOLVED, that Rick Ricciardella hereby is reappointed Superintendent of the Phoenicia  Water District, and hold office at the pleasure of the Town Board, and receive an annual salary of $19,308.00 to be disbursed once each month and expenses as allotted in the 2010 budget as pursuant to law, while discharging the duties of his office;

and that the Town Board, upon the recommendation of the Water Superintendent, hire laborers as the Water Superintendent deems necessary within budget constraints.

AND MOVES ITS ADOPTION

Seconded by: Councilman Bernstein

ROLL CALL      5 Ayes

RESOLUTION #34                                       OFFERED BY: Councilman Malloy

ETHICS COMMITTEE

WHEREAS, Pursuant to Chapter 20 of the Code of the Town of Shandaken, Article III §20-7 Establishment of a Board of Ethics, therefore be it

Page 15

Re-organization Meeting

January 4, 2010

RESOLVED, that Richard Loveless, Helen Morelli and Ginger Byron be reappointed as the Ethics Committee for the Town of Shandaken and to serve at the pleasure of the Town Board and follow  Chapter 20 of the Code of the Town of Shandaken

AND MOVES ITS ADOPTION

Seconded by:   Supervisor Stanley

ROLL CALL     5 Ayes

TABLED

RESOLUTION #   35                                     OFFERED BY

PLANNING BOARD MEMBER

WHEREAS pursuant to section 20 of the Town Law it is the duty of the Town Board to appoint all Boards and Commissions

THEREFORE BE IT RESOLVED that ____________________ be appointed to the Shandaken Planning Board with his/her term to expire in December 2016.

AND MOVES ITS ADOPTION

Seconded by:

ROLL CALL

RESOLUTION # 36                                        OFFERED BY Councilman Bartlett

ZONING BOARD OF APPEALS MEMBER

WHEREAS pursuant to section 20 of the Town Law it is the duty of the Town Board to appoint all Boards and Commissions

THEREFORE BE IT RESOLVED, that Gary Guglielmetti be reappointed to the Zoning Board of Appeals with his term to expire in December 2014.

AND MOVES ITS ADOPTION

Seconded by: Councilman Malloy

ROLL CALL    5 Ayes

RESOLUTION #   37                                      OFFERED BY   Councilman Bernstein

RESOLUTION APPOINTING CHAIRMAN OF PLANNING BOARD

WHEREAS, pursuant to section 20 of the Town Law, it is the duty of the Town Board to appoint

all Boards and Commissions,

THEREFORE BE IT RESOLVED, that Charles Frasier be appointed as Chairman of the Planning Board for the year 2010

AND MOVES ITS ADOPTION

Seconded by:   Councilman Jordan

ROLL CALL      3 Nays 2 Ayes (Jordan & Stanley)

RESOLUTION # 38                                      OFFERED BY Councilman Jordan

RESOLUTION APPOINTING CHAIRMAN OF ZONING BOARD OF APPEALS

Page 16

Re-organization Meeting

January 4, 2010

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

THEREFORE BE IT RESOLVED that Rolf Reiss be reappointed as Chairman of the Zoning Board of Appeals for the year 2010

AND MOVES ITS ADOPTION

Seconded by:   Supervisor Stanley

ROLL CALL     5 Ayes

RESOLUTION #39                                       OFFERED BY Supervisor Stanley

WEB SITE

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

THEREFORE BE IT RESOLVED that Jamie Umhey be appointed to maintain the Web Site for the year 2010,  at salary of $200.00 per month.

AND MOVES ITS ADOPTION

Seconded by:    Councilman Bernstein

ROLL CALL    5 Ayes

RESOLUTION #40                                       OFFERED BY: Councilman Malloy

MUSEUM DIRECTOR

WHEREAS, under § 20 of the Town Law it is the duty of the Town Board to appoint all employees of the Town; therefore be it

RESOLVED, that Mary Herrmann, be reappointed as Museum Director with an annual salary of $6,240.00 ($10.00 per hour) and be  accountable to Town Board.

AND MOVES ITS ADOPTION

Seconded by:   Supervisor Stanley

ROLL CALL        5 Ayes

RESOLUTION #41                                       OFFERED BY: Councilman Bartlett

PLANNING BOARD SECRETARY

WHEREAS, under § 20 of the Town Law it is the duty of the Town Board to appoint all employees of the Town; therefore be it

RESOLVED, that Marie Stutman, be reappointed as Planning Board Secretary with an annual salary up to $4,635.28 and serve at the pleasure of the Planning Board and be  accountable to Town Board.

AND MOVES ITS ADOPTION

Seconded by:   Councilman Malloy

ROLL CALL     5 Ayes

RESOLUTION #42                           OFFERED BY: Councilman Bernstein

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Re-organization Meeting

January 4, 2010

DEPUTY HIGHWAY SUPERINTENDENT

WHEREAS, the Superintendent of Highways has requested that the Town Board establish the office of Deputy Superintendent of Highways,

THEREFORE BE IT  RESOLVED that Neil Grant be reappointed to this position, without compensation for the Year 2010.

AND MOVES ITS ADOPTION

Seconded by:   Councilman Jordan

ROLL CALL      5 Ayes

RESOLUTION #43                           OFFERED BY: Councilman Jordan

CLERK  TO THE ASSESSORS

WHEREAS, under § 20 of the Town Law, notes of Decision 9, the Town Board should designate all appointed officers and employees of the Town; therefore be it

RESOLVED, that Anne Hugue be and hereby is reappointed Clerk to the Assessors, to assist in the Clerical duties and road work of the Assessors, and to be paid $10.00 per hour, while performing these duties.

AND MOVES ITS ADOPTION

Seconded by:    Supervisor Stanley

ROLL CALL     4 Ayes   1 Nay (Malloy)

RESOLUTION # 44                                          OFFERED BY:    Supervisor Stanley

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

THEREFORE BE IT RESOLVED That Robert Gasperini be reappointed as the Municipal Worker for the Town of Shandaken for 2010, at $9.00 per hour, 25 to 30 hours per week.

AND MOVES ITS ADOPTION

Seconded by:   Councilman Bernstein

ROLL CALL   5 Ayes

RESOLUTION # 45                                     OFFERED BY: Councilman Malloy

ZONING BOARD OF APPEALS SECRETARY

WHEREAS, under § 20 of the Town Law it is the duty of the Town Board to appoint all employees of the Town; therefore be it

RESOLVED, that Patricia Hughs, be appointed as Zoning Board of Appeals Secretary with an annual salary up to $2,317.64 and serve at the pleasure of the Zoning Board of Appeals and be  accountable to Town Board.

AND MOVES ITS ADOPTION

Seconded by:    Supervisor Stanley & Councilman Bartlett

ROLL CALL      5 Ayes

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Re-organization Meeting

January 4, 2010

RESOLUTION #46                               OFFERED BY: Councilman Bartlett

WHEREAS, due to a vacancy on the Police Commissioners it is necessary to advertise for this position,

THEREFORE be it resolved, that the Town Board advertise for a volunteer to fill the position of Police Commissioner,

AND MOVES ITS ADOPTION

Seconded by:   Councilman Stanley

ROLL CALL      5 Ayes

RESOLUTION # 47                            OFFERED BY: Councilman Bernstein

WHEREAS, due to a vacancy on the Assessment Review Board it is necessary to advertise for this position,

THEREFORE be it resolved, that the Town Board advertise for the position of a member on the Assessment Review Board, with applications due on or before February 16th.

AND MOVES ITS ADOPTION

Seconded by: Councilman Jordan

ROLL CALL     5 Ayes

RESOLUTION # 48                               OFFERED BY: Councilman Jordan

WHEREAS, The Town of Shandaken has a Town Museum in Old School District #14 building in Pine Hill, and

WHEREAS, Town of Shandaken Museum Board of Directors oversees the on goings of the museum,

THEREFORE that the Town Board advertise for additional members for the Shandaken Museum Board of Directors,

AND MOVES ITS ADOPTION

Seconded by: Supervisor Stanley

ROLL CALL    5 Ayes

RESOLUTION # 49                               OFFERED BY: Supervisor Stanley

TEMPORARY 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 Temporary Secretary/Bookkeeper to the Supervisor; therefore be it

RESOLVED, that the Town Board approve the reappointment of Wendy Hofmeister to serve at the pleasure of the Supervisor, and receive $10.30 per hour when discharging the duties of said office.

AND MOVES ITS ADOPTION

Seconded by: Councilman Malloy

ROLL CALL       4 Ayes 1 Nay (Bernstein)

Page 19

Re-organization Meeting

January 4, 2010

RESOLUTION # 50                                  OFFERED BY: Councilman Malloy

NON-MOTORIZED TRANSPORTATION PLAN COMMITTEE

WHEREAS, Ulster County has created a Non-Motorized Transportation Plan Committee to create trails for non-motorized vehicles, etc.

THEREFORE be it resolved that Mike Wentland be appointed to this committee for the year 2010.

AND MOVES ITS ADOPTION

Seconded by:   Supervisor Stanley

ROLL CALL     5 Ayes

RESOLUTION # 51                      OFFERED BY Councilman Bartlett

WHEREAS, the Town Board, in accordance with section 112 of the Town Law, may increase existing appropriations, therefore be it resolved that the Town Board is amending the 2010 town budget in order to transfer the amount (s) listed below from available fund appropriations for the lawful purpose of utilizing these funds to pay anticipated lawful claims:

GENERAL FUND

AMOUNT FROM TO

$1,500.00                                Health Insurance                                   Webmaster

AND MOVES ITS ADOPTION

Seconded by:   Supervisor Stanley

ROLL CALL     5 Ayes

Councilman Jordan said that he would look into a consent agenda for meetings such as this, it is just consolidating everything together.

Pat Ellison said that the set up of the museum does not sound right.  If they are not for profit, why don’t they hire their own director?  Mr. Persons said that they are not, their not for profit is through the town so the town has to hire and set the salary.   Discussion continues.

It was decided that they should get their own not for profit status.

Supervisor Stanley said that he thinks we have a good line of communication within the board and we are off to a good start.

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