SPECIAL END OF YEAR TOWN BOARD MEETING

December 29, 2011

1:00 PM

 

The Town Board met this date as per Resolution #153, with the following members present:  Supervisor Stanley, Councilman Bartlett, Bernstein and Jordan, Councilman Malloy was absent.

 

Pledge of Allegiance to our Flag

 

Roll Call

NOTICE OF SPECIAL TOWN BOARD MEETING

 

            PLEASE TAKE NOTICE that the Town of Shandaken will hold a Special Town Board Meeting on Thursday,  December 29, 2011 at 1:00 pm.   The purpose of this meeting will be to pay bills, transfer funds to overdrawn accounts and to take care of  all year end Town Board business.  This meeting will take place at the Town Hall, Shandaken, New York and the building is accessible to the disabled.

 

TAKE FURTHER NOTICE that all bills and or vouchers be presented to the Office of the Bookkeeper on or before December 16, 2011, by 12 noon for auditing and payment.

 

Dated: December 8, 2011                                      BY ORDER OF THE TOWN BOARD

Laurilyn J. Frasier, RMC/MMC

 

Comments on Resolutions

 

Tina Rice had a question on Resolution #156 with regard to the transfer from Recreation Contractual to Recreation Personal Services.

 

Councilman Bernstein had a question on Resolution #156 with regard to the transfer from Police Schools and Ammunition to Police Part Time Personal Services.

 

Supervisor – This resolution is just moving money around to balance out the accounts.

 

Resolutions

 

RESOLUTION  # 156                                  OFFERED BY Councilman Bernstein

 

RESOLUTION TRANSFERRING FUNDS FOR END OF YEAR

 

WHEREAS, the Town of Shandaken each year transfers funds in order to meet all bills and balance all budgeted lines,

 

THEREFORE BE IT RESOLVED, that the Town of Shandaken Town Board approves the following transfers in order to balance budgeted lines:

 

AMOUNT      FROM                         ACCOUNT #             TO                                           ACCOUNT #

$219.³⁵             Justice Stenographer   A51110410                 Justice Contractual                  A51110400

$2,314.¹⁸          Accounting                 A51320410                 Supervisor, Bookeeper            A51220110

$559.⁴⁸             Equipment                   A51220200                 Supervisor, Contractual          A51220400

$717.⁵¹             Accounting                 A51320410                 Supervisor, Contractual          A51220400

$547.⁵⁰             T/Clerk Dep., Pers.      A51410110                 T/Clerk P/T Deputy                 A51410120

$23,000.⁰⁰        Building Cont. Exp.    A51620400                 Gas, Diesel, Fuel Oil Exp.      A51620401

$18,257.⁸⁹        Special Item, Cont.     A51990400                 Gas, Diesel, Fuel Oil Exp.      A51620401

$3,000.⁰⁰          Schools, Ammunition A53120420                 P/T Police Officers                  A53120110

$11,291.⁶³        Special Item, Cont.     A51990400                 P/T Police Officers                  A53120110

$2,619.²⁹          Police Contractual       A53120400                 Vehicle Expense                     A53120411

$66.⁰⁴               Ambulance Uniforms A54540411                  Ambulance Equipment           A54540200

$25,953.⁰⁹        Capital Project                        A995000                     Welfare Office, Contractual   A56010400

$122.⁹⁰             T/Clerk Dep., Pers.      A51410110                 T/Clerk-Tax Collector, Pers.   A51410100

$231.⁰⁰             Vital Statistics             A54020400                 T/Clerk Fees                            A31255

$418.³³             Recreation, Cont.        A57020400                 Recreation, Personal Serv.      A57020100

$16.⁵⁶               Recreation, Cont.        A57020400                 Shandaken Day                       A57550400

$3,800.⁰⁰          GIS                             A58684400                 ZBA Secretary, Pers. Serv.     A58010120

$300.³⁸             ZBA/Zoning, Cont.    A58010400                 ZBA Secretary, Pers. Serv.     A58010120

$6,000.⁰⁰          Emp. Benefits, Hosp.  A59060800                 Emp. Benefits, Unemploy.     A59050800

 

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AND MOVE ITS ADOPTION

 

Seconded by:  Supervisor Stanley

 

ROLL CALL  4 Ayes 1 Absent

 

RESOLUTION # 157                                   OFFERED BY SUPERVISOR STANLEY

 

Proposal to Allocate Portions of the New York City Land Acquisition Program Funds

For Flood Mitigation  Watershed Affairs

            Whereas, New York City Watershed Communities have experienced devastating floods of record in 1996, 2006 and again in 2011 in addition to severe localized flooding in 2004, 2005, 2007, 2008, 2009 and 2010; and

 

Whereas,  it is official State policy that climate change is a reality and is no longer subject to debate; and

 

Whereas, due to changing weather patterns,  New York City Watershed Communities are experiencing significant, frequent and intense storms that result in severe flooding; and

 

Whereas, assuming the current pattern is due to climate change, the Town of Shandaken anticipates that the significant, frequent and intense storms will worsen over time as climate change continues; and

 

Whereas, the flood events of 1996, 2006 and 2011 delivered record levels of pollutant loading including nutrients, sediment, microorganisms, raw sewage, organic and inorganic chemicals from agriculture, homes and businesses along with debris such as fuel tanks, lumber, homes, businesses, automobiles and livestock  to the New York City Reservoirs West of the Hudson; and

 

            Whereas, many municipalities and property owners in the watershed have suffered catastrophic damage to property from these flood events reducing individual, business and community financial viability and severely impacting the long-term sustainability of the Watershed Region; and

Whereas,  the significant, frequent and intense storms and their associated flooding and pollutant loading (if they continue into the future) pose a far more significant threat to the City’s Filtration Avoidance Determination than the threat posed by the regulated activities of the  existing humans living within the West of Hudson Watershed; and

 

Whereas, upon information and belief, the pollutant loading from flood events far exceeds any long-term pollutant load reduction derived from the land acquisition program as currently administered; and

 

WHEREAS, as currently administered, the land acquisition program provides, little, if any, flood mitigation benefits; and

 

WHEREAS, many of the communities within the NYC Watershed remain in a state of emergency. Many of the major streams and water courses are filled with debris, sediment and trees along large reaches. If those materials are not removed and the stream bed/banks are not restored, the debris will block culverts and block stream channels causing the streams to again jump their non-existent banks; and

 

WHEREAS, FEMA provides funds to local municipalities ( reimbursement) to repair and clear municipal property; there are very little funds, if any, to clear stream beds and steam banks along private property, and

 

WHEREAS, FEMA provides funds to local municipalities to repair and clear municipal property, flood plain regulation required by FEMA preclude and/or restrict property owners whose property damage exceeds 51% of its value to rebuild within the flood plain; and

 

WHEREAS, local municipalities with severe damage from the flood are concerned that many of the property owners with severe damage will abandon their property due to an inability to rebuild; an

 

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inability to afford to rebuild; due to a fear of the next flood and/or due to an inability to obtain financing to rebuild; and

 

WHEREAS, the local communities would like to allow these property owners to rebuild within the community outside of the floodplain but those property owners need funding, critical infrastructure (water, sewer, electric, telephone, road) and land suitable for development in the vicinity of their existing home and hamlet all at a price that they can afford to finance; and

 

WHEREAS, in order to prevent NYC from having to expend billions of dollars for filtration, NYC should invest in projects to mitigate and avoid the catastrophic impact from future floods and intense storm events. Such measures include clearing the streams of debris and gravel bars and maintaining those stream corridors on an ongoing basis; to stabilize the stream banks where feasible and practical; and to construct structures ( where possible and practical) to slow and mitigate the impact from intense storm events; work with watershed communities to ensure affordable housing for its residents outside of floodplains; and

 

WHEREAS, the Town of Shandaken, as a watershed partner and a municipal government responsible for the welfare of its residents, wants to pursue flood mitigation throughout the county and wants to partner with NYC on these projects along with other resources; and

 

WHEREAS, there is a sentiment growing among the residents of the watershed that the status quo is no longer sustainable; the flood/storm damage has been too great; the risk of another flood too real; the cost to local residents to build a new home unaffordable; and the funding (including the local cost share) to protect the value of the NYC water supply allocated to controls has little, or no, measurable benefit; and

 

WHEREAS,  the residents of the Town of Shandaken and the NYC Watershed do not understand why they are required to spend tens of thousands of dollars to address the sediment loading in storm water from a building lot in watersheds scarce in impervious surfaces and new development while little is done to prevent or reduce the potential harm to existing structures and land from significant, frequent and intense storms; and

 

WHEREAS,  the residents of the Town of Shandaken and the NYC Watershed do not understand why USEPA and NYSDOH require NYC to spend hundreds of millions of dollars to buy potentially developable land outside the floodplain in communities that have had either  stagnant or decreasing populations for over 150 years while, at the same time, not requiring any funds to be spent to prevent the existing hamlets from being severely damaged and carried away downstream to the reservoirs.; and

 

WHEREAS,  Governor Andrew Cuomo has come to the Watershed communities ( and other communities impacted by the flood) on several occasions in recent weeks  (more than any other Governor in recent memory) and he has promised his and the State’s support in the rebuilding of our communities—not only to restore — but to make them better than before the recent flood and we thank him for his pledge of support; and

Now, Therefore Be It Resolved, the Town of Shandaken Town Board requests that the New York State Department of Environmental Conservation, New York State Department of Health, the USEPA and New York City revisit the Water Supply Permit and recommend that funding from the Land Acquisition Program be allocated to support flood mitigation that will reduce the long-term risk from pollutant loading caused by major flood events; and

 

            Be it further resolved, that the pilot Riparian Buffer Program be specifically tailored for flood mitigation efforts thereby enhancing its effectiveness in reducing pollutant loading caused by flood events, retaining local community character and local sustainability; and

 

Be it further resolved, that the Town Board respectfully request that  USEPA, NYSDEC and NYSDOH acknowledge that no amount of land acquisition ( not even the acquisition of 105,000 acres over the next 15 years) is going to have a measurable impact on water quality unless flood mitigation  is given the highest funding priority and measures are implemented to protect the communities and land from future flood events and intense storms; and

 

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            Be it further resolved that this resolution be sent to Governor Andrew Cuomo, Kevin McCabe, Senator Kristin Gillibrand,  Senator  Charles Schumer, Congressman Hinchey, Congressman Gibson, NYS Attorney General Eric Schneiderman, NYS DEC Commissioner Joe Martens, NYSDOH Commissioner Nirav R. Shah, NYC Mayor Bloomberg, NYC DEP Commissioner Carter Strickland, NY State Senator Majority Leader Senator Dean Skelos, NYS Assembly Speaker Sheldon Silver, EPA Region 2 Director Judith A. Enck,, NYS  Senator John Bonacic, New York State Assemblyman Clifford Crouch, New York State Assemblyman Peter Lopez, New York State Assemblyman Kevin Cahill, Wayne Speenburgh Chair, Greene County Legislature, Harold Vroman Chair, Schoharie County Board of Supervisors, Jonathan Rouls, Chair, Sullivan County Legislature, Frederick J. Wadnola, Chair, Ulster County Legislature. Watershed County Executives and Managers, Watershed Town Supervisors and Village Mayors, Dennis Lucas of CWT, CWC Board of Directors, James E. Tierney Assistant Commissioner for Water Resources, Thomas Snow DEC NYC Watershed Coordinator, Pamela Young Acting Chief, NYC Watershed Section, Alan Rosa Executive Director of CWC,  the Catskill Center for Conservation and Development, Natural Resource Defense Council, River Keeper, Nature Conservancy, NYPIRG, Open Space Institute , William  Harding, Executive Director, Watershed Protection and Partnership Council, Gene Kelly, Region 4 Director, NYSDEC, and William Janeway, Region 3 Director, NYSDEC.

 

AND MOVE ITS ADOPTION

 

Seconded by:  Councilman Jordan

 

ROLL CALL    4 Ayes 1 Absent

 

RESOLUTION  158                         OFFERED BY  Councilman Jordan

 

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                                      $ 25,443.90

Highway Fund                                                $ 72,582.88

Phoenicia Water District                     $   7,337.40

Phoenicia Lighting District                 $   1,036.40

Chichester Lighting District               $      143.30

Pine Hill Lighting District                  $      582.03

Pine Hill Water District                      $   2,045.45

 

AND MOVES ITS ADOPTION

 

Seconded By :  Councilman Bartlett

 

ROLL CALL  4 Ayes 1 Absent

 

RESOLUTION  # 159                                  OFFERED BY  Councilman Bartlett

 

RESOLUTION TRANSFERRING FUNDS FOR HIGHWAY DEPARTMENT END OF YEAR

 

WHEREAS, the Town of Shandaken each year transfers funds in order to meet all bills and balance all budgeted lines,

 

THEREFORE BE IT RESOLVED, that the Town of Shandaken Town Board approves the following transfers in order to balance budgeted lines:

 

AMOUNT      FROM                         ACCOUNT #             TO                                           ACCOUNT #

$  5,100.00      Machine & Equip.       DA55130200         Attorney Contractual                   DA51420400

$15,000.00      Machine & Equip.       DA55130200         Machine Replacement                  DA55130450

$  1,900.00      Machine & Equip.       DA55130200         Salt                                               DA55142400

 

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AND MOVE ITS ADOPTION

 

Seconded by:   Supervisor Stanley

 

ROLL CALL  4 Ayes 1 Absent

 

RESOLUTION  # 160                                  OFFERED BY  Councilman Bernstein

 

RESOLUTION TRANSFERRING FUNDS, PHOENICIA WATER DISTRICT END OF YEAR

 

WHEREAS, the Town of Shandaken each year transfers funds in order to meet all bills and balance all budgeted lines,

 

THEREFORE BE IT RESOLVED, that the Town of Shandaken Town Board approves the following transfers in order to balance budgeted lines:

 

AMOUNT      FROM                         ACCOUNT #             TO                                           ACCOUNT #

 

$6,000.00        Contract Expenses      W158320400              Labor Personal Ser.                 W158320100

 

AND MOVE ITS ADOPTION

 

Seconded by:  Supervisor Stanley

 

ROLL CALL  4 Ayes 1 Absent

 

Phoenicia Water Committee

 

John Kilb –  I find it necessary to bring to the attention of the Town Board that the backup water supply pump house on High Street  was severely compromised by the storms of August and September and it is clear that this pump house and surroundings will not be able to stand another flood any reinforcement around this pump house will be at best temporary, please be advised.

 

Highway Superintendent Eric Hofmeister said that FEMA has been to all of the plants, they will be replacing the rip rap by the water plant on Lower Main Street and they have taken into account the pumps in the old pump house.  The High Street pump station , they will pay us to fix the yard, putting the fence back and fixing the building and maybe some rip rap to protect the building.  The problem is the Esopus has moved over and the pump station is right in its’ path.  The only possible thing is to get DEP  or NRCS funding, it is not only the pump station that is involved, it is High Street, and the Stoney Clove.

 

Supervisor said that there are several agencies involved also, the DEC, DEP, DOT and the Town of Shandaken.    Eric added that unfortunately the plant is wide open and is vulnerable if another flood hits.

 

Alfred Peavey came forward with a layout of bills from Tania Barricklo from 2009 which the meter was read wrong, which is plain to see, it is my estimation that we owe her $404.50, there were late fees involved but they will not be refunded.

 

Motion by Supervisor Stanley to credit Tania Barricklo $404.50 in the future billings, seconded by Councilman Bernstein, all in favor, motion carried.

 

Mr. Peavey,  said that there is a major leak in Phoenicia, Rural Water has it between Ruth Gale Reality and Morin Imports, but they cannot find it.

 

Mr. Peavey handed out an amended Article 18 to the Phoenicia Water District Bylaws, attorney Paul Kellar has reviewed this and after the Town Board reviews it and makes changes, then it will go back to the attorney and then for public hearing in the next month or so.  The next thing we have to do is find some serious money to upgrade and make repairs to the water district.

 

 

 

 

 

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Candace Balmer was present and the Supervisor asked her if there was any funding for the water district.

Candace responded by saying that there are no grants available, you will qualify for some type of subsidized loan.   The Engineers study was done before the flood and some of the places that needed repair have become even more emphasized.   In the study the cost of the improvements and repairs was about a million dollars, so you need to pick and prioritize these and work on them over the years.

Another thing you should be doing is putting money collectively in a capital reserve account for immediate repairs, instead of letting things go too far before fixing them.

 

Board Comments

 

Councilman Jordan – at the last meeting there was a question about Trout Unlimited and the stream channelization, I contacted  the National Office of Trout Unlimited, here is a quote from Mr. Jack Williams from their central office, “We need to demonstrate why the channelization and clearing activity is not in their best interest, both because of the poor long term flood control practice and also because it reduces the recreation value of the area for things like fishing.”    They would like to use education and media instead of litigation to try to come up with some resolution to the flooding problems  rather than fighting to restore the streams.

 

Councilman Jordan – I would like us to present a resolution at our next meeting in support of Belleayre again.  Having just come from the Mountain, their numbers are down tremendously and this severely impacts the entire Route 28 Corridor.   Last year the state reduced Belleayre’s budget by 10% this year by 14% and they have stopped all promotional tickets and advertising as a result the Mountain is really, really hurting.  Last year on the Friday before Christmas we had 1800 skiers, this year we had 250.   The weather has something to do with it, but the State is not doing anything to help us.

 

Councilman Bernstein – would like to do a resolution to support the opening of the Phoenicia Bridge that was damaged by the storm.   I feel that if we put pressure on the County it will help get that bridge reopened.

 

Motion by Supervisor Stanley to adjourn the End of Year Meeting, seconded by Councilman Bernstein, all in favor, motion carried.

 

Motion by Supervisor Stanley to enter into Executive Session to discuss personnel, seconded by Councilman Bernstein, all in favor, motion carried.

 

Executive Session

 

Motion by Supervisor Stanley to close the Executive Session, seconded by Councilman Bernstein, all in favor, motion carried.

 

Motion by Supervisor Stanley to reopen the Special End of Year Town Board Meeting, seconded by Councilman Bernstein, all in favor, motion carried.

 

No Report on the Executive Session/no decisions were made.

 

Happy Healthy New Year to All

 

Motion by Supervisor Stanley to Adjourn the Special End of Year Town Board Meeting, seconded by Councilman Bernstein, all in favor, motion carried.