September 2010 Resolutions

 

DATE:   September 13, 2010

RESOLUTION #126

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                                      $ 119,633.88
Highway Fund                                    $   59,357.96
Phoenicia Water District                    $     1,862.91
Pine Hill Water District                     $        266.68
Phoenicia Lighting District                $        898.90
Chichester Lighting District               $        131.32
Pine Hill Lighting District                  $        518.09

AND MOVES ITS ADOPTION

Seconded By :

ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLETT                        _____                          _____

COUNCILMAN BERNSTEIN                      _____                          _____

COUNCILMAN JORDAN                             _____                          _____

COUNCILMAN MALLOY                            _____                          _____

SUPERVISOR STANLEY                             _____                         _____

DATE: September 13, 2010

RESOLUTION # 127

OFFERED BY

Resolution Authorizing Supervisor to Enter into Contract with CWC

WHEREAS, the Town of Shandaken and the Hamlet of Phoenicia have been in consideration of a municipal sewer system for more than ten years, and

WHEREAS, the Town has requested the assistance of the Catskill Watershed Corporation (CWC) and their engineers to review a variety of options available to the Hamlet, and

WHEREAS, the Town and the CWC are clear in their understanding that the proposed contract provides the Town Board of Shandaken the authority to be involved in the processes of investigation and with no decision by CWC superseding the responsibilities of the Town to act on any resulting findings,

THEREFORE BE IT RESOLVED that the Town Board of the Town of Shandaken hereby authorizes the Supervisor to enter into contract with the CWC for said project investigations

AND MOVE ITS ADOPTION

Seconded by:

ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLETT                        _____                          _____

COUNCILMAN BERNSTEIN                      _____                          _____

COUNCILMAN JORDAN                             _____                          _____

COUNCILMAN MALLOY                            _____                          _____

SUPERVISOR STANLEY                             _____                         _____

DATE: September 13, 2010

RESOLUTION # 128

OFFERED BY

SHARED SERVICE AGREEMENT WITH ULSTER COUNTY

CONCERNING COUNTY ROADS WITHIN THE TOWN OF

SHANDAKEN

WHEREAS, the County of Ulster, having its principal place of business at 240 Fair Street, Kingston, New York 12401 (hereinafter referred to as the “COUNTY”) and the Town of Shandaken, having its principal place of business at the Shandaken Town Hall, Route 28, P. O. Box 134, Allaben, New York 12480 (hereinafter referred to as the “TOWN”); and

WHEREAS, the TOWN and the COUNTY conducted a meeting on March 16, 2010 regarding shared services; and

WHEREAS, some county roads are so located that it is more efficient for towns to perform snow plowing, sanding and salting of the road, thereby greatly decreasing the cost to the COUNTY of the road maintenance performed; and

WHEREAS, the parties agree that a new cooperative agreement to be established hereby is in the best interests of the citizens of the respective municipalities; and

WHEREAS, said new proposed cooperative agreement for the term of October 1, 2010 through April 30, 2011 would concern shared services of the TOWN to maintain roads of the COUNTY within its territorial jurisdiction as specifically authorized by Section 135_A of the New York State Highway Law; and

WHEREAS, New York State Municipal Law, Article 5G authorizes the TOWN to engage in said cooperative agreements with municipalities such as the COUNTY; and

WHEREAS, the Town Board agrees that it is in the best interest of the TOWN to review and engage in such a cooperative Agreement;

NOW, THEREFORE, BE IT RESOLVED by a majority of the Town Board that:

1.         The TOWN Supervisor, Robert A. Stanley, is authorized to engage in negotiations and discussions with the COUNTY to review and execute, if necessary, said Shared Service Cooperative Agreement for the period of October 1, 2010 through April 30, 2011.

Upon a roll call vote, the vote is as follows:

ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLETT                        _____                          _____

COUNCILMAN BERNSTEIN                      _____                          _____

COUNCILMAN JORDAN                             _____                          _____

COUNCILMAN MALLOY                            _____                          _____

SUPERVISOR STANLEY                             _____                         _____

September 13, 2010

RESOLUTION #129

OFFERED BY:

WHEREAS, the Town of Shandaken Town Board advertised to receive Proposals from qualified engineering firms for assistance in the evaluation of the Phoenicia Water District system, for upgrade needs, identify alternatives for improvements and recommend an upgrade strategy, also to estimate costs to construct, operate and maintain the recommended municipal drinking water system improvements. and

WHEREAS, that these Request for Proposals are accepted and will be turned over to the Phoenicia Water Board for review on August 2, 2010,

THEREFORE BE IT RESOLVED, that the Town Board award this Request for Proposal for the

Phoenicia Water District to MBR Group of Albany – Austin – Corning – Rochester

2480 Browncroft Boulevard, Rochester, NY 14625.    Their fee for preparing the Preliminary Engineering Report is $12,800.00.

AND MOVES ITS ADOPTION

Seconded by:

ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLETT                        _____                          _____

COUNCILMAN BERNSTEIN                      _____                          _____

COUNCILMAN JORDAN                             _____                          _____

COUNCILMAN MALLOY                            _____                          _____

SUPERVISOR STANLEY                             _____                         _____

DATE: September 13, 2010

RESOLUTION # 130

OFFERED BY:

WHEREAS, Town Board Advertised to receive bids for a new Fuel Monitoring System (FMS)

and

WHEREAS, said bids were received in the Town Clerk’s Office until 3pm on this date and opened during our Regular Town Board meeting at 7:00pm.

THEREFORE be it resolved that this bid will be awarded at the October 4, 2010 Regular Town Board meeting at 7:00 pm and

BE IT further resolved that 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: September 13, 2010

RESOLUTION # 131

OFFERED BY:

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 Carly Stevens be appointed 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:

ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLETT                        _____                          _____

COUNCILMAN BERNSTEIN                      _____                          _____

COUNCILMAN JORDAN                             _____                          _____

COUNCILMAN MALLOY                            _____                          _____

SUPERVISOR STANLEY                             _____                         _____

DATE: September 13, 2010

RESOLUTION # 132

OFFERED BY:

Resolution Supporting the Advancement and Promotion of Mountain Biking Activities at NYS Belleayre Mountain

WHEREAS, Belleayre Mountain, located within the Town of Shandaken, County of Ulster, is owned and operated by the New York State Department of Environmental Conservation (NYS_DEC) and

WHEREAS, Belleayre Mountain Ski Center was created to help boost the local economy through an amendment to the New York State Constitution, and gained approval through a public referendum vote prior to 1949, and

WHEREAS, during the ski season, roughly December through March, the local towns and municipalities acknowledge the economic benefits of those activities during the winter season, and

WHEREAS, Belleayre Mountain, outside of hiking activities and the Belleayre Music Festival, which provide economic advancement to the area at limited times during the warmer months, and

WHEREAS, over the past two decades mountain biking activities have increased exponentially where it was not a sport to be considered in the Nineteen Forties, and

WHEREAS, there is and are concerted efforts by local and state officials for promotion of Mountain Biking trails and activity as an economic boost for our region during the warmer climate months, and

WHEREAS, the trails at Belleayre remain dormant most of the year outside of the ski season,

THEREFORE BE IT RESOLVED that the Town Board of the Town of Shandaken hereby requests NYS_DEC to consider allowing mountain biking activities at the State Owned and operated Belleayre Mountain during the times of year when the trails are not being utilized for snowsports activities,

AND MOVE ITS ADOPTION

ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLETT                        _____                          _____

COUNCILMAN BERNSTEIN                      _____                          _____

COUNCILMAN JORDAN                             _____                          _____

COUNCILMAN MALLOY                            _____                          _____

SUPERVISOR STANLEY                             _____                         _____

DATE: September 13, 2010

RESOLUTION # 133

OFFERED BY:

Resolution Authorizing Supervisor to Enter into Memorandum of Agreement with the Ulster County Planning Board

WHEREAS, on occasion the Town Board of the Town of Shandaken is required to refer certain matters pertaining to land use to the Ulster County Planning Board for approval, and

WHEREAS, currently the County Planning Board is only required to allow a twelve days notice prior to their consideration of any referral from the Town Board, and

WHEREAS, they are asking us to allow them to extend that to a thirty day notice,

THEREFORE BE IT RESOLVED that the Town Board of the Town of Shandaken hereby authorizes the Supervisor to enter into contract with the Ulster County Planning Board for said extension,

AND MOVE ITS ADOPTION

ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLETT                        _____                          _____

COUNCILMAN BERNSTEIN                      _____                          _____

COUNCILMAN JORDAN                             _____                          _____

COUNCILMAN MALLOY                            _____                          _____

SUPERVISOR STANLEY                             _____                         _____

DATE: September 13, 2010

RESOLUTION # 134

OFFERED BY

RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED

BY THE NEW YORK STATE LIQUOR AUTHORITY

WHEREAS, Centerplate (Boston Culinary Group, Inc., Belleayre) 201 E. Broad Street, Spartanburg, SC 29306, has applied for a liquor license renewal, and

WHEREAS, Centerplate., 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 Centerplate, and

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Shandaken does hereby grant the request of the Centerplate, and does hereby waive the thirty (30) day Liquor License notice requirement to the Centerplate (Boston Culinary Group, Inc.) 201 E. Broad Street, Spartanburg, SC 29306.

AND MOVES ITS ADOPTION

Seconded by:

ROLL CALL

AYES                          NAYS

COUNCILMAN BARTLETT                        _____                          _____

COUNCILMAN BERNSTEIN                      _____                          _____

COUNCILMAN JORDAN                             _____                          _____

COUNCILMAN MALLOY                            _____                          _____

SUPERVISOR STANLEY                             _____                         _____