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Town Board

Town Board Business Meeting

Comeau Great Room also Zoom
45 Comeau Drive
Woodstock, NY 12498

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Comeau Great Room and Zoom

45 Comeau Drive

Woodstock, NY 12498

 

Town of Woodstock is inviting you to a scheduled Zoom meeting.

Topic: Town Board Business Meeting

Time: 07:00 PM Eastern Time (US and Canada)

        Every month on the Third Tue, until Dec 15, 2026

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Agenda

TOWN OF WOODSTOCK NY - TOWN BOARD MEETING

45 COMEAU DRIVE, WOODSTOCK NY 12498

7PM, MAY 19, 2026

AGENDA

A. Call to Order

B. Pledge of Allegiance

C. Resolutions

C.1 Resolution Approving Meeting Minutes

C.2 Resolution Approving Clerk’s Report

C.3 Resolution Authorizing Payment of Vouchers

C.4 Resolution to Hire Part-Time Recreation Aide

C.5 Resolution Terminating the Employment of Employee for Failure to Successfully Complete Probation and for Performance-Based and Safety-Related Reasons

C.6 Resolution to Amend Interim Highway Superintendent Rate

C.7 Resolution to Terminate Resolution 337-2011 Agreement for Out of District Water

C.8 Resolution to Accept the Resignation of Parking Lot Attendant

C.9 Resolution Authorizing Waiver of Minimum Acreage Requirements for Sale of Land to New York City DEP Within the NYC Watershed

C.10 Hire New Police Dispatcher

C.11 Accept Resignation of Police Dispatcher

C12 Resolution to Authorize Transfer From the Codes Update Reserve

C.13 Resolution to Accept Volunteer Resignation from CSAC

C.14 Resolution of the Town Board of Woodstock Authorizing Resumption of Fill Testing and Water Quality Monitoring Required Under Resolution 179A-2020

D. Public Be Heard

E. Adjournment

 

RESOLUTIONS

 

RESOLUTION APPROVING MEETING MINUTES

 

BE IT RESOLVED, to accept minutes for meetings held on April 7, 2026, April 21, 2026, and April 24, 2026.

 

RESOLUTION APPROVING CLERK’S REPORT

 

BE IT RESOLVED, to accept Town Clerk’s report.

 

RESOLUTION AUTHORIZING PAYMENT OF VOUCHERS

 

BE IT RESOLVED, to authorize payment of vouchers in the amount of $221,059.76.

 

RESOLUTION TO HIRE PART-TIME RECREATION AIDE

 

BE IT RESOLVED, to hire Gianna Vianello as a Part-Time Recreation Aide, effective May 19, 2026.

BE IT FURTHER RESOLVED, Gianna is authorized to work up to 20 hours per week, at an hourly rate of $20.92.

 

RESOLUTION TERMINATING THE EMPLOYMENT OF EMPLOYEE FOR FAILURE TO SUCCESSFULLY COMPLETE PROBATION AND FOR PERFORMANCE-BASED AND SAFETY-RELATED REASONS

 

WHEREAS, the Town Board of the Town of Woodstock (“Town Board”) is responsible for the appointment, oversight, and, when warranted, termination of Town employees; and

WHEREAS, EMPLOYEE NUMBER 709 was hired by the Town of Woodstock on 5/13/2025 in the position of Heavy Motor Equipment Operator (“HMEO”), with duties that include operating heavy equipment, leading small crews, and maintaining work zones; and

WHEREAS, on May 14, 2025, EMPLOYEE NUMBER 709’s probationary period was set for one (1) year; and

WHEREAS, during the probationary period EMPLOYEE NUMBER 709 has demonstrated performance-based deficiencies, including but not limited to creating an unsafe working environment, poor performance, and other safety concerns; and

WHEREAS, specific incidents reflecting these concerns include: (a) on 9/24/2025, a written discipline for speeding in a school zone at 31 MPH in a 20 MPH zone; (b) on 12/3/2025, involvement in two separate incidents during snowplowing operations, including forcing a vehicle off the road and colliding with a Paraco truck; and (c) on 2/5/2026, rolling a backhoe off an embankment, resulting in a total loss of the equipment and personal injury; and

WHEREAS, these incidents raise significant and ongoing concerns for the safety of EMPLOYEE NUMBER 709 his crewmembers, members of the public, and the Town’s vehicles and equipment; and

WHEREAS, the Town has compiled and reviewed supporting documentation relating to EMPLOYEE NUMBER 709’s conduct and performance, including letters, discipline forms, police reports, and medical evaluations; and

WHEREAS, based upon the totality of the record and EMPLOYEE NUMBER 709’s failure to satisfactorily meet performance and safety expectations during the probationary period, the Town Board finds that termination of EMPLOYEE NUMBER 709’s employment is warranted and in the best interests of the Town;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Woodstock hereby terminates the employment of EMPLOYEE NUMBER 709, from the position of Heavy Motor Equipment Operator, effective [effective date to be determined], for failure to successfully complete his one-year probationary period and for performance-based and safety-related reasons as set forth herein; and

BE IT FURTHER RESOLVED, that the Town Supervisor, the Deputy Highway Superintendent, and/or their designees are authorized and directed to take all necessary administrative steps to implement this termination, including provision of written notice to EMPLOYEE NUMBER 709 and processing of final compensation and return of Town property in accordance with Town policies and applicable procedures; and

BE IT FURTHER RESOLVED, that the Town Clerk is authorized and directed to maintain with the official records of the Town the supporting documentation reviewed by the Town Board, including letters, discipline forms, police reports, and medical evaluations, and to make appropriate notations in the personnel file of Employee Number 709.

 

RESOLUTION TO AMEND INTERIM HIGHWAY SUPERINTENDENT RATE

 

WHEREAS, on March 17, 2026, the Town Board appointed Heather Eighmey and Cody Chase as Interim Highway Superintendents, effective March 28, 2026; and

 

WHEREAS, the Town Board now wishes to amend the temporary stipend previously authorized; and

 

BE IT FURTHER RESOLVED, that both employees shall receive a temporary stipend of $500 per person per paycheck effective May 2026 and continuing through December 31, 2026, replacing the previously approved amount.

 

RESOLUTION TERMINATING RESOLUTION 337-2011 AGREEMENT FOR OUT OF DISTRICT WATER

 

WHEREAS, the Town Board of the Town of Woodstock previously adopted Resolution No. 337-2011 on November 23, 2011, which designated a property located on 30 Neher Street as being within the Out of Water District; and

 

WHEREAS, upon further review and consideration, the Town Board has determined that it is in the best interest of the Town to rescind such designation; and

 

WHEREAS, the Town Board wishes to formally repeal and rescind the prior resolution in its entirety;

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Woodstock hereby rescinds Resolution No. 337-2011, which placed the property located at 30 Neher Street in the Out of Water District; and

 

BE IT FURTHER RESOLVED, that said property shall no longer be designated as part of the Out of Water District unless and until further action is taken by the Town Board; and

 

BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to enter this resolution into the official minutes and take any actions necessary to effectuate this rescission.

 

RESOLUTION TO ACCEPT THE RESIGNATION OF PARKING LOT ATTENDANT

 

BE IT RESOLVED, to accept the resignation of Melissa Lovaglio as the Town of Woodstock Parking Attendant and

 

BE IT FURTHER RESOLVED,  to thank Melissa for her service.

 

RESOLUTION AUTHORIZING WAIVER OF MINIMUM ACREAGE REQUIREMENT FOR SALE OF LAND TO NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION WITHIN THE NEW YORK CITY WATERSHED

 

WHEREAS, the Town of Woodstock is partially located within the New York City Watershed, and certain lands within the Town lie within areas designated by the New York City Department of Environmental Protection (“NYCDEP”) as priority areas for land acquisition for the protection of New York City’s drinking water supply; and

 

WHEREAS, NYCDEP operates a Land Acquisition Program through which it acquires watershed lands voluntarily offered for sale by willing landowners, to conserve said lands for the purpose of protecting water quality in the New York City water supply; and

 

WHEREAS, the New York State Department of Environmental Conservation has issued a Water Withdrawal Permit to the City of New York (Permit No. 0-9999-00051/00001, issued December 25, 2025), which renews the authorization for the City to acquire land within the Watershed and governs the terms and conditions of such acquisition (the “Permit”); and

 

WHEREAS, Special Condition 9.a of the Permit establishes a minimum parcel size of ten (10) acres for properties located within NYCDEP Priority Area 2 to be eligible for acquisition through the Land Acquisition Program; and

 

WHEREAS, Special Condition 9.c of the Permit provides that a municipality may waive this minimum acreage requirement by passage of a town resolution within 180 days of the Permit’s issuance, with such waiver applicable to all sub-10-acre parcels located in Priority Area 2 within the municipality; and

 

WHEREAS, the deadline for passage of such a waiver resolution is June 21, 2026; and

 

WHEREAS, the Town of Woodstock previously adopted a resolution in 1997 waiving the minimum acreage requirement under the then-applicable watershed agreement, demonstrating the Town’s longstanding support for voluntary land protection within the watershed; and

 

WHEREAS, NYCDEP has notified the Town that a landowner with a 5-acre property located in Priority Area 2 has expressed interest in voluntarily selling their property to NYCDEP through the Land Acquisition Program, and that passage of a new waiver resolution is necessary to allow NYCDEP to proceed with such acquisition; and

 

WHEREAS, the Town Board finds that authorizing such a waiver is consistent with the Town’s interest in supporting voluntary, willing-seller land conservation within the watershed, protecting water quality, and facilitating the orderly administration of the NYCDEP Land Acquisition Program within Town boundaries;

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Woodstock hereby waives the minimum ten (10) acre parcel size requirement established under the New York City Water Withdrawal Permit (Permit No. 0-9999-00051/00001, issued December 25, 2025) for all sub-10-acre parcels located within NYCDEP Priority Area 2 in the Town of Woodstock, thereby authorizing the sale of such parcels to NYCDEP through its Land Acquisition Program; and

 

BE IT FURTHER RESOLVED, that this waiver is applicable to all eligible sub-10-acre properties within Priority Area 2 in the Town of Woodstock until the current Permit expires on December 24, 2029, and is not limited to any single parcel or transaction; and

 

BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to transmit a certified copy of this Resolution to NYCDEP’s Upstate Real Property Services and to take such further administrative steps as may be necessary to effectuate the intent of this Resolution.

 

RESOLUTION TO HIRE POLICE DISPATCHER

 

BE IT RESOLVED, to hire Robert Drost as a Part-Time Police Dispatcher and

 

BE IT FURTHER RESOLVED, that Robert will work up to 40 hours per pay period.

 

RESOLUTION TO ACCEPT RESIGNATION OF POLICE DISPATCHER

 

BE IT RESOLVED, that the Town of Woodstock hereby accepts the resignation of Police Dispatcher Dominic Nichols, effective May 19, 2026; and

 

BE IT FURTHER RESOLVED, that the Town of Woodstock thanks him for his service and wishes him well in his future endeavors.

 

RESOLUTION TO AUTHORIZE TRANSFER FROM THE CODES UPDATE RESERVE.

 

WHEREAS, Woodstock Town Board authorized a transfer from the Codes Update Reserve A0240.02600 to fund a code upgrade pursuant to permissive referendum

 

WHEREAS, the time to file and execute such permissive referendum has expired now,

 

THEREFORE BE IT RESOLVED, to transfer from the Codes Update Reserve up to $5,100.00 to fund code upgrade.

 

RESOLUTION TO ACCEPT VOLUNTEER RESIGNATION FROM CSAC

 

BE IT RESOLVED, to accept Robert Wolfe’s resignation from the Comeau Stewardship Advisory Committee, and

 

BE IT FURTHER RESOLVED, to thank Bob for his service to the Town of Woodstock

 

RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WOODSTOCK

AUTHORIZING RESUMPTION OF FILL TESTING AND WATER QUALITY MONITORING REQUIRED UNDER RESOLUTION 179A-2020

 

WHEREAS, between December 2019 and July 2020, approximately 2,800 to 3,000 cubic yards of fill that was later determined to be construction and demolition (“C&D”) debris was delivered to 10 Church Road (SBLs #26.2-7-41 and #26.2-7-42) in the hamlet of Shady, Woodstock, New York (“the Site”), at the time held or controlled by Vincent Conigliaro, as Executor of the Estate of Salvatore and Louise Conigliaro, and Gina Conigliaro, his wife, who reside at and occupy the Site; and

 

WHEREAS, the fill was dumped in approximately 200 truckloads by Joseph Karolys, a debris contractor already subject to DEC enforcement action for the illegal dumping of solid waste at properties in the Town of Saugerties; and

 

WHEREAS, in May 2020, the Town of Woodstock’s Building Inspector determined the fill at the Site was unstable, dumped on an adjoining property, and contained C&D debris, the disposal of which was prohibited under the Town’s Solid Waste Law (Chapter 192); and

 

WHEREAS, on May 21, 2020, the Town of Woodstock’s Building Inspector and Zoning Enforcement Officer (the “ZEO”) issued three Orders to Remedy Violation at the Site: Violation 20-09, citing dumping of unstabilized fill into neighboring properties and failure to observe proper methods for grading and drainage, and directing that all dumping cease and stabilization plans be provided; Violation 20-10, citing Chapter 192 §4, illegal dumping of hazardous waste, and directing submission of a bill of lading with proof of clean fill; and Violation 20-11, citing Chapter 32 §13, directing that all work cease; and

 

WHEREAS, on May 21, 2020, the former Town Supervisor collected a fill sample from the Site and submitted it to the DEC Region 3 Solid Waste Program; the resulting C&D Waste Composition Report dated June 16, 2020 confirmed that approximately 11% by weight of the fill was composed of concrete and glass, asphalt, and coal/slag/ash, brick, and wood in the fill material; and

 

WHEREAS, on August 31, 2020, Dennis M. Larios, P.E. and Principal of Brinnier and Larios, P.C. visited the Site in the former Town Supervisor’s presence and issued a written engineering report dated September 1, 2020 (the “Brinnier & Larios Report”); the Brinnier & Larios Report found that the fill was of “dubious quality,” was placed to create a steep embankment near the westerly property line, that a slope blow-out and failure had already occurred with potential for additional failures, and that the slope threatened the safety of the adjacent property at 59 Reynolds Lane (SBL #26.2-7-8) (the “Eighmey Property”); the Report recommended that the Site owners be required to develop a slope stabilization plan by a licensed engineer with a factor of safety of at least 1.5, accurate cross-sections, calculations, and erosion control measures; and

 

WHEREAS, the Brinnier & Larios Report expressly reserved the environmental quality of the fill as “a separate issue” to be addressed in a second letter (that was never written); and

 

WHEREAS, on October 20, 2020, the Town Board of the Town of Woodstock duly passed Resolution No. 179A-2020 TEST WATER AND SOIL AT PROPERTY ON REYNOLDS LN. (“the Monitoring Resolution”) citing violations of the Town’s Solid Waste Law (Chapter 192 §§4(B) and (C)) and the emergency action authority of the Town’s Zoning Law (Chapter 260 §99(G)), which directed as follows: (a) the Town would hire and pay for an independent, qualified testing agency, not affiliated with any Town employee, to collect and analyze water samples on the adjacent property at the Eighmey Property and then quarterly for one year and annually for up to three years thereafter; (b) the Town would hire and pay for an independent, qualified testing agency to complete testing of the fill at the Site in accordance with the Brinnier & Larios Report; (c) the Woodstock Environmental Commission (“WEC”), or a designated member, would review the status of all environmental reports and tests for at least three years and make further recommendations to the Town Board as needed; (d) fill and water testing would continue on the same quarterly and annual schedule by the same agency; and (e) the ZEO would keep all test results on file for at least five years; the Monitoring Resolution also cited the HydroQuest hydrology report dated August 26, 2020 (the “HydroQuest Report”), prepared by Paul A. Rubin, Professional Geologist/Hydrogeologist of HydroQuest Environmental Consulting, which found that the fill had been placed upgradient from the potable water well at the Eighmey Property and recommended sample collection by an independent, qualified professional and testing by a NYS-certified laboratory, for volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), metals, and asbestos; and

 

WHEREAS, in February 2022, Gina Conigliaro and Joseph Karolys pleaded guilty to criminal charges of illegal dumping under Chapter 192 in connection with the material deposited at the Site and each fined $1,500, the maximum penalty then available under that provision; similar charges against Vincent Conigliaro were dismissed; and

 

WHEREAS, on April 27, 2022, Town wastewater staff collected a water sample from the Eighmey Property and submitted it to Environmental Labworks, Inc.; between April 28 and June 6, 2022, Environmental Labworks issued three reports on that sample covering bacteriological, chemical, inorganic, organic, radiological, and other parameters (collectively, the “2022 Well-Water Reports”); and

 

WHEREAS, the April 28, 2022 bacteriological report indicated that coliform bacteria was present in the sample and expressly stated that the water was “NOT of satisfactory sanitary quality” pursuant to NYS Department of Health regulations; the May 20, 2022 chemical report revealed that iron and odor exceeded maximum contaminant level (“MCL”), arsenic and manganese were detectable but below MCL, and volatile organic compounds, regulated pesticides, PCBs, and asbestos were all below detection limits; the June 6, 2022 radiology report found all parameters well below applicable MCLs; none of these reports include the comprehensive analysis for semi-volatile organic compounds, including the full polycyclic aromatic hydrocarbon panel necessary to detect benzo(k)fluoranthene and related carcinogens, as specifically directed by the HydroQuest Report and the Monitoring Resolution; and

 

WHEREAS, the presence of coliform bacteria in a downgradient well demonstrates that the well is vulnerable to surface and subsurface infiltration, which is the precise pathway by which contaminants present at the Site could reach the potable water supply; and

 

WHEREAS, on November 7, 2022 Vincent Conigliaro applied for a Building Permit pursuant to Town Code Chapter 79 for “dirt removal and redistribution” for the Site; attached to the application was a one page drawing denominated “Plan E 10 Church Road Soil Cleanup” (hereinafter “Plan E”); and

 

WHEREAS, Plan E entailed the on-site moving of dirt, the sifting and sorting of the usable fill from the C&D material; and testing of the fill but not remediation of found chemical contamination; and

 

WHEREAS, on December 7, 2022, the former Town Supervisor, the Town Engineer, and the Highway Department agreed to Plan E without authorization of or approval by the Town Board; and  

 

WHEREAS, the Town of Woodstock issued Building Permit No. 23-147 on April 13, 2023 for “REMEDIATION OF FILL VIOLATION PER ENGINEERS SPECIFICATIONS AND TOWN BOARD APPROVAL”; and

 

WHEREAS, in Eighmey v. Town of Woodstock et al., Index No. EF2023-1411 (Sup. Ct. Ulster County, Gandin, J., December 8, 2023), the Supreme Court of the State of New York vacated and annulled Building Permit 23-147, holding that the Town’s determination was an error of law since the Town issued the permit in violation of Town Code Chapter 79; the Court based its findings on the inadequacy of Plan E, since the Court found that Plan E did “not contain contour markings delineating the existing and proposed landscape or an estimate of the amount of material to be displaced based on a cross section of the fill” as required, nor any details of erosion control; further, Plan E provided for on-site processing and sorting in violation of Town law; and

 

WHEREAS, in January 2023, Quality Engineering Solutions & Technologies (QuES&T) conducted an independent soil sampling examination of the Site and documented elevated levels of lead and benzo(k)fluoranthene, which is classified by the U.S. Environmental Protection Agency as a probable human carcinogen; and

 

WHEREAS, in November 2024, John A. Conrad, P.G., Senior Geologist of PVE (New York City), conducted an inspection and soil sampling of the Site on behalf of the Eighmeys and documented significant quantities of C&D debris remaining in the fill material, confirming that the sifting and sorting conducted under Plan E did not result in full removal of the illegal fill; and

 

WHEREAS, the WEC separately issued formal findings that Plan E did not constitute adequate remediation at the Site; a retaining wall at the Site failed and caused a landslide onto the Eighmey property; the Eighmeys have been advised not to consume their well water and have sued multiple parties, including the Town, in civil court; the Town has been dismissed as a defendant in the Eighmey litigation on procedural and jurisdictional grounds; and

 

WHEREAS, the Town has not yet implemented the 2020 Monitoring Resolution or the recommendations in the Brinnier & Larios Report, and

 

WHEREAS, independent scientific experts have each concluded that contamination concerns at the Site remain unresolved: Paul A. Rubin, P.G. of HydroQuest Environmental Consulting (Tivoli, NY); John A. Conrad, P.G. of PVE (New York City); Katherine Beinkafner, Ph.D. of Mid-Hudson Geosciences (Clintondale, NY); and Robert Wolff, environmental engineer and former WEC member; and

 

WHEREAS, the Site is situated upgradient from and in close proximity to the aquifer from which water is drawn by the Town of Woodstock public water supply and other private wells; two streams are located close to the Site, with one stream in proximity to the berm where fill was relocated; the documented presence of probable human carcinogens and remaining C&D debris at the Site poses a credible and ongoing risk of contamination to that aquifer, to those streams, and to private wells in the immediate vicinity; and

 

WHEREAS, the Town has authority to undertake the actions authorized herein under Chapters 36, 79, 192, and 260 of the Town Code. 

 

NOW, THEREFORE, BE IT RESOLVED that the Town Board finds as follows:

  1. the Monitoring Resolution has never been implemented in accordance with its terms; and
  2. the Chapter 192 violations cited in the Monitoring Resolution remain unabated; and
  3. the Town’s obligations under the Monitoring Resolution remain in full force and must be discharged; and
  4. the Town Board never approved Plan E or any other remediation plan for the Site; and
  5. protection of the public health, welfare and safety require the Town to accurately and fully determine the extent of remaining contamination at the Site and the threat, if any, to the downgradient aquifer and the water supply; and
  6. under the foregoing circumstances, the public and all involved parties are best served by the Town’s retention of a qualified environmental engineer to execute the required testing, evaluate any remaining threats to the aquifer and the water supply, and recommend appropriate remedial measures; and

 

BE IT FURTHER RESOLVED that the Town Board of the Town of Woodstock hereby reaffirms the Monitoring Resolution and all obligations imposed therein, including independent fill testing, independent water testing at the Eighmey Property, quarterly and annual retesting, WEC oversight, and ZEO recordkeeping; and

 

BE IT FURTHER RESOLVED the Town Board further finds that the former Town Supervisor’s unilateral agreement to Plan E, undertaken in direct contravention of the Monitoring Resolution’s mandate and without Town Board authorization, did not satisfy and cannot be deemed to have satisfied any obligation of the Town under that Resolution; and

 

BE IT FURTHER RESOLVED that, to fulfill the mandate of the Monitoring Resolution, the Town Board hereby authorizes and directs the Town Supervisor, in consultation with Town Counsel and Special Counsel, to interview and recommend for retention by the Town Board a disinterested, independent, and qualified environmental engineer (the “Engineer”) to perform the work described herein; the Engineer shall have no prior involvement in any aspect of the 10 Church Road matter, no ownership or affiliation with any company previously engaged by the Town in connection with the Site, and no relationship or affiliation with any current or previous Town employee or officer; and

 

BE IT FURTHER RESOLVED that the scope of the Engineer’s engagement shall include, at minimum, the following tasks:

  • Review and analysis of existing and known testing of the fill or water downstream of the Site, including the 2022 Well-Water Reports, prior soil sampling reports (including the January 2023 QuES&T report and the November 2024 Conrad/PVE debris report), the Brinnier & Larios Report, the HydroQuest Report, the June 2020 DEC C&D Waste Composition Report, engineering reports, groundwater testing results, DEC correspondence, and all prior remediation plans and assessments;
  • Determination whether entry upon the Site is necessary to allow for sampling and testing to fully characterize the contamination;
  • If such entry is necessary, preparation of an affidavit or professional certification, suitable for submission in support of an application for an administrative inspection warrant, summarizing the technical basis for additional testing;
  • If an administrative inspection warrant issues, execution of necessary soil and groundwater sampling and analysis program at the Site, including sampling locations, depths, and parameters to be approved by the Town Board, with particular attention to subsurface and pulverized material, lead, polynuclear aromatic hydrocarbons (including benzo(k)fluoranthene), PFAS/PFOS, volatile and semi-volatile organic compounds, and metals, and any other contaminant or constituent that the Engineer shall designate;
  • Updated water sampling at the well at the Eighmey Property, conducted by a NYS-certified laboratory, testing for VOCs, SVOCs, metals, asbestos, PFAS/PFOS, and coliform bacteria, in coordination with the Eighmey Property owners;
  • Should the Eighmey Property owners prohibit follow-up testing, identify other downstream sites for water sampling; or, if Eighmey Property testing is absolutely necessary, coordination with municipal counsel on the preparation of an affidavit or professional certification, suitable for submission in support of an application for an administrative inspection warrant, summarizing the technical basis for additional testing and the professional opinion that such entry and testing is required;
  • Preparation of a detailed report of findings, including delineation of the horizontal and vertical extent of contamination at the Site and in surrounding properties and groundwater, with a specific assessment of the risk to the municipal aquifer, nearby streams, and private wells;
  • Identification and evaluation of remediation alternatives, including full excavation and off-site disposal, in-place treatment, and long-term monitoring, with itemized cost estimates for each;
  • Recommendations for necessary interim protective measures to prevent further migration of contaminants pending full remediation;
  • A written final report suitable for use in legal proceedings and agency submissions, together with a summary accessible to lay readers;
  • Appearance before the Town Board at regular intervals to report on the status of the foregoing tasks and to respond to questions from Board members and members of the public; and

 

BE IT FURTHER RESOLVED that, should the Engineer recommend such testing, the Town Board hereby authorizes and directs Town Counsel, with the support of the Engineer, to prepare and file an application for an administrative inspection warrant in a court of competent jurisdiction, directed to Vincent Conigliaro as Executor of the Estate and as occupant of the Site, and to Gina Conigliaro as occupant; prior to filing any such application, the Town Supervisor shall send written notice to Vincent Conigliaro (in both capacities) and Gina Conigliaro requesting voluntary consent to access the Site for environmental testing; if consent is not granted within ten (10) business days of such notice, Town Counsel is authorized to proceed with the warrant application without further Town Board action; and

 

BE IT FURTHER RESOLVED that, should the Engineer determine access to additional private property wells are recommended, the Town Board hereby authorizes and directs Town Counsel, with the support of the Engineer, to prepare and file appropriate applications for administrative inspection warrants in a court of competent jurisdiction; prior to filing any such application, the Town Supervisor shall send written notice to said property owners requesting voluntary consent to access the Site for environmental testing; if consent is not granted within ten (10) business days of such notice, Town Counsel is authorized to proceed with the warrant application without further Town Board action and will notify the Town Board as soon as practicable.

 

Minutes

DRAFT:TOWN OF WOODSTOCK

TOWN BOARD MEETING MINUTES

May 19, 2026

Town Offices, 45 Comeau Drive, Woodstock, NY 12498 and via Zoom

 

PRESENT:

Supervisor Anula Courtis

Councilmember Laura Ricci

Councilmember Lily Korolkoff

Councilmember Reginal Earls

Councilmember Laurie Osmond (attended via Zoom)

 

CALL TO ORDER

Supervisor Courtis called the meeting to order at 7:01 PM.

MEMBERS OF THE PRESS PRESENT

Nick Henderson, Bill Kemble, Noah Eckstein (via Zoom)

RESOLUTIONS ON THE AGENDA

  • Resolution Approving Meeting Minutes
  • Resolution Approving Clerk’s Report
  • Resolution Authorizing Payment of Vouchers
  • Resolution to Hire Part-Time Recreation Aide
  • Resolution Terminating the Employment of Employee for Failure to Successfully Complete Probation and for Performance-Based and Safety-Related Reasons
  • Resolution to Amend Interim Highway Superintendent Rate
  • Resolution to Terminate Resolution 337-2011 Agreement for Out of District Water
  • Resolution to Accept the Resignation of Parking Lot Attendant
  • Resolution Authorizing Waiver of Minimum Acreage Requirements for Sale of Land to New York City DEP Within the NYC Watershed
  • Hire New Police Dispatcher
  • Accept Resignation of Police Dispatcher
  • Resolution to Authorize Transfer From the Codes Update Reserve
  • Resolution to Accept Volunteer Resignation from CSAC
  • Resolution of the Town Board of Woodstock Authorizing Resumption of Fill Testing and Water Quality Monitoring Required Under Resolution 179A-2020

 

RESOLUTIONS

 

RESOLUTION 120-2026

 

Approving Meeting Minutes

First: Supervisor Courtis

Second: Councilmember Korolkoff

 

BE IT RESOLVED, to accept minutes for meetings held on April 7, 2026, April 21, 2026, and April 24, 2026.

Vote:

 

    Supervisor Courtis — aye

    Councilmember Ricci — aye

    Councilmember Korolkoff — aye

    Councilmember Earls — aye

    Councilmember Osmond — aye

 

Resolution adopted 5–0.

 

RESOLUTION 121-2026

 

Approving Clerk’s Report

First: Supervisor Courtis

Second: Councilmember Ricci

 

BE IT RESOLVED, to accept Town Clerk’s report.

Vote:

    Supervisor Courtis — aye

    Councilmember Ricci — aye

    Councilmember Korolkoff — aye

    Councilmember Earls — aye

    Councilmember Osmond — aye

 

Resolution adopted 5–0.

 

RESOLUTION 122-2026

Authorizing Payment of Vouchers

First: Supervisor Courtis

Second: Councilmember Earls

 

BE IT RESOLVED, to authorize payment of vouchers in the amount of $221,059.76.

Vote:

 

    Supervisor Courtis — aye

    Councilmember Ricci — aye

    Councilmember Korolkoff — aye

    Councilmember Earls — aye

    Councilmember Osmond — aye

 

Resolution adopted 5–0.

 

RESOLUTION 123-2026

 

Hire Part-Time Recreation Aide

First: Supervisor Courtis

Second: Councilmember Korolkoff

 

BE IT RESOLVED, to hire Gianna Vianello as a Part-Time Recreation Aide, effective May 19, 2026.

 

BE IT FURTHER RESOLVED, Gianna is authorized to work up to 20 hours per week, at an hourly rate of $20.92.

 

Vote:

    Supervisor Courtis — aye

    Councilmember Ricci — aye

    Councilmember Korolkoff — aye

    Councilmember Earls — aye

    Councilmember Osmond — aye

 

Resolution adopted 5–0.

 

RESOLUTION 124-2026

 

Terminating the Employment of Employee for Failure to Successfully Complete Probation and for Performance-Based and Safety Related Reasons

 

First: Supervisor Courtis

Second: Councilmember Ricci

 

WHEREAS, the Town Board of the Town of Woodstock (“Town Board”) is responsible for the appointment, oversight, and, when warranted, termination of Town employees; and

WHEREAS, EMPLOYEE NUMBER 709 was hired by the Town of Woodstock on 5/13/2025 in the position of Heavy Motor Equipment Operator (“HMEO”), with duties that include operating heavy equipment, leading small crews, and maintaining work zones; and

WHEREAS, on May 14, 2025, EMPLOYEE NUMBER 709’s probationary period was set for one (1) year; and

WHEREAS, during the probationary period EMPLOYEE NUMBER 709 has demonstrated performance-based deficiencies, including but not limited to creating an unsafe working environment, poor performance, and other safety concerns; and

WHEREAS, specific incidents reflecting these concerns include: (a) on 9/24/2025, a written discipline for speeding in a school zone at 31 MPH in a 20 MPH zone; (b) on 12/3/2025, involvement in two separate incidents during snowplowing operations, including forcing a vehicle off the road and colliding with a Paraco truck; and (c) on 2/5/2026, rolling a backhoe off an embankment, resulting in a total loss of the equipment and personal injury; and

WHEREAS, these incidents raise significant and ongoing concerns for the safety of EMPLOYEE NUMBER 709 his crewmembers, members of the public, and the Town’s vehicles and equipment; and

WHEREAS, the Town has compiled and reviewed supporting documentation relating to EMPLOYEE NUMBER 709’s conduct and performance, including letters, discipline forms, police reports, and medical evaluations; and

WHEREAS, based upon the totality of the record and EMPLOYEE NUMBER 709’s failure to satisfactorily meet performance and safety expectations during the probationary period, the Town Board finds that termination of EMPLOYEE NUMBER 709’s employment is warranted and in the best interests of the Town;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Woodstock hereby terminates the employment of EMPLOYEE NUMBER 709, from the position of Heavy Motor Equipment Operator, effective May 19, 2026, for failure to successfully complete his one-year probationary period and for performance-based and safety-related reasons as set forth herein; and

BE IT FURTHER RESOLVED, that the Town Supervisor, the Interim Deputy Highway Superintendent, and/or their designees are authorized and directed to take all necessary administrative steps to implement this termination, including provision of written notice to EMPLOYEE NUMBER 709 and processing of final compensation and return of Town property in accordance with Town policies and applicable procedures; and

BE IT FURTHER RESOLVED, that the Town Clerk is authorized and directed to maintain with the official records of the Town the supporting documentation reviewed by the Town Board, including letters, discipline forms, police reports, and medical evaluations, and to make appropriate notations in the personnel file of Employee Number 709.

Vote:

    Supervisor Courtis — aye

    Councilmember Ricci — aye

    Councilmember Korolkoff — aye

    Councilmember Earls — aye

    Councilmember Osmond — aye

 

Resolution adopted 5–0.

 

RESOLUTION 125-2026

 

Amend Interim Highway Superintendent Rate

First: Supervisor Courtis

Second: Councilmember Earls

 

WHEREAS, on March 17, 2026, the Town Board appointed Heather Eighmey and Cody Chase as Interim Highway Superintendents, effective March 28, 2026; and

 

WHEREAS, the Town Board now wishes to amend the temporary stipend previously authorized; and

 

BE IT FURTHER RESOLVED, that both employees shall receive a temporary stipend of $500 per person per paycheck effective May 2026 and continuing through December 31, 2026, replacing the previously approved amount.

 

Vote:

    Supervisor Courtis — aye

    Councilmember Ricci — aye

    Councilmember Korolkoff — aye

    Councilmember Earls — aye

    Councilmember Osmond — aye

 

Resolution adopted 5–0.

 

RESOLUTION 126-2026

 

Terminating Resolution 337-2011 Agreement for Out of District Water

First: Supervisor Courtis

Second: Councilmember Korolkoff

 

WHEREAS, the Town Board of the Town of Woodstock previously adopted Resolution No. 337-2011 on November 23, 2011, which designated a property located on 30 Neher Street as being within the Out of Water District; and

 

WHEREAS, upon further review and consideration, the Town Board has determined that it is in the best interest of the Town to rescind such designation; and

 

WHEREAS, the Town Board wishes to formally repeal and rescind the prior resolution in its entirety;

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Woodstock hereby rescinds Resolution No. 337-2011, which placed the property located at 30 Neher Street in the Out of Water District; and

 

BE IT FURTHER RESOLVED, that said property shall no longer be designated as part of the Out of Water District unless and until further action is taken by the Town Board; and

 

BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to enter this resolution into the official minutes and take any actions necessary to effectuate this rescission.

 

Vote:

    Supervisor Courtis — aye

    Councilmember Ricci — aye

    Councilmember Korolkoff — aye

    Councilmember Earls — aye

    Councilmember Osmond — aye

 

Resolution adopted 5–0.

 

RESOLUTION 127-2026

 

Accept the Resignation of Parking Lot Attendant

First: Supervisor Courtis

Second: Councilmember Earls

 

BE IT RESOLVED, to accept the resignation of Melissa Lovaglio as the Town of Woodstock Parking Attendant and

 

BE IT FURTHER RESOLVED,  to thank Melissa for her service.

 

Vote:

    Supervisor Courtis — aye

    Councilmember Ricci — aye

    Councilmember Korolkoff — aye

    Councilmember Earls — aye

    Councilmember Osmond — aye

 

Resolution adopted 5–0.

 

RESOLUTION 128-2026

 

Authorizing Waiver of Minimum Acreage Requirement for Sale of Land to New York City Department of Environmental Protection within the New York City Watershed

First: Supervisor Courtis

Second: Councilmember Ricci

 

WHEREAS, the Town of Woodstock is partially located within the New York City Watershed, and certain lands within the Town lie within areas designated by the New York City Department of Environmental Protection (“NYCDEP”) as priority areas for land acquisition for the protection of New York City’s drinking water supply; and

 

WHEREAS, NYCDEP operates a Land Acquisition Program through which it acquires watershed lands voluntarily offered for sale by willing landowners, to conserve said lands for the purpose of protecting water quality in the New York City water supply; and

 

WHEREAS, the New York State Department of Environmental Conservation has issued a Water Withdrawal Permit to the City of New York (Permit No. 0-9999-00051/00001, issued December 25, 2025), which renews the authorization for the City to acquire land within the Watershed and governs the terms and conditions of such acquisition (the “Permit”); and

 

WHEREAS, Special Condition 9.a of the Permit establishes a minimum parcel size of ten (10) acres for properties located within NYCDEP Priority Area 2 to be eligible for acquisition through the Land Acquisition Program; and

 

WHEREAS, Special Condition 9.c of the Permit provides that a municipality may waive this minimum acreage requirement by passage of a town resolution within 180 days of the Permit’s issuance, with such waiver applicable to all sub-10-acre parcels located in Priority Area 2 within the municipality; and

 

WHEREAS, the deadline for passage of such a waiver resolution is June 21, 2026; and

 

WHEREAS, the Town of Woodstock previously adopted a resolution in 1997 waiving the minimum acreage requirement under the then-applicable watershed agreement, demonstrating the Town’s longstanding support for voluntary land protection within the watershed; and

 

WHEREAS, NYCDEP has notified the Town that a landowner with a 5-acre property located in Priority Area 2 has expressed interest in voluntarily selling their property to NYCDEP through the Land Acquisition Program, and that passage of a new waiver resolution is necessary to allow NYCDEP to proceed with such acquisition; and

 

WHEREAS, the Town Board finds that authorizing such a waiver is consistent with the Town’s interest in supporting voluntary, willing-seller land conservation within the watershed, protecting water quality, and facilitating the orderly administration of the NYCDEP Land Acquisition Program within Town boundaries;

 

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Woodstock hereby waives the minimum ten (10) acre parcel size requirement established under the New York City Water Withdrawal Permit (Permit No. 0-9999-00051/00001, issued December 25, 2025) for all sub-10-acre parcels located within NYCDEP Priority Area 2 in the Town of Woodstock, thereby authorizing the sale of such parcels to NYCDEP through its Land Acquisition Program; and

 

BE IT FURTHER RESOLVED, that this waiver is applicable to all eligible sub-10-acre properties within Priority Area 2 in the Town of Woodstock until the current Permit expires on December 24, 2029, and is not limited to any single parcel or transaction; and

 

BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to transmit a certified copy of this Resolution to NYCDEP’s Upstate Real Property Services and to take such further administrative steps as may be necessary to effectuate the intent of this Resolution.

 

Vote:

    Supervisor Courtis — aye

    Councilmember Ricci — aye

    Councilmember Korolkoff — aye

    Councilmember Earls — aye

    Councilmember Osmond — aye

 

Resolution adopted 5–0.

 

RESOLUTION 129-2026

 

Hire Police Dispatcher

First: Supervisor Courtis

Second: Councilmember Earls

 

BE IT RESOLVED, to hire Robert Drost as a Part-Time Police Dispatcher and

 

BE IT FURTHER RESOLVED, that Robert will work up to 40 hours per pay period.

 

Vote:

    Supervisor Courtis — aye

    Councilmember Ricci — aye

    Councilmember Korolkoff — aye

    Councilmember Earls — aye

    Councilmember Osmond — aye

 

Resolution adopted 5–0.

 

RESOLUTION 130-2026

 

Accept Resignation of Police Dispatcher

First: Supervisor Courtis

Second: Councilmember Korolkoff

 

BE IT RESOLVED, that the Town of Woodstock hereby accepts the resignation of Police Dispatcher Dominic Nichols, effective May 19, 2026; and

 

BE IT FURTHER RESOLVED, that the Town of Woodstock thanks him for his service and wishes him well in his future endeavors.

 

Vote:

    Supervisor Courtis — aye

    Councilmember Ricci — aye

    Councilmember Korolkoff — aye

    Councilmember Earls — aye

    Councilmember Osmond — aye

 

Resolution adopted 5–0.

 

RESOLUTION 131-2026

 

Authorize Transfer from the Codes Update Reserve

First: Supervisor Courtis

Second: Councilmember Ricci

 

WHEREAS, Woodstock Town Board authorized a transfer from the Codes Update Reserve A0240.02600 to fund a code upgrade pursuant to permissive referendum

 

WHEREAS, the time to file and execute such permissive referendum has expired now,

 

THEREFORE BE IT RESOLVED, to transfer from the Codes Update Reserve up to $5,100.00 to fund code upgrade.

 

Vote:

    Supervisor Courtis — aye

    Councilmember Ricci — aye

    Councilmember Korolkoff — aye

    Councilmember Earls — aye

    Councilmember Osmond — aye

 

Resolution adopted 5–0.

 

RESOLUTION 132-2026

 

Accept Volunteer Resignation from CSAC

First: Supervisor Courtis

Second: Councilmember Korolkoff

 

BE IT RESOLVED, to accept Robert Wolfe’s resignation from the Comeau Stewardship Advisory Committee, and

 

BE IT FURTHER RESOLVED, to thank Bob for his service to the Town of Woodstock

 

Vote:

    Supervisor Courtis — aye

    Councilmember Ricci — aye

    Councilmember Korolkoff — aye

    Councilmember Earls — aye

    Councilmember Osmond — aye

 

Resolution adopted 5–0.

 

RESOLUTION 133-2026

 

The Town Board of the Town of Woodstock Authorizing Resumption of Fill Testing and Water Quality Monitoring Required Under Resolution 179A-2020.

First: Supervisor Courtis

Second: Councilmember Ricci

 

WHEREAS, between December 2019 and July 2020, approximately 2,800 to 3,000 cubic yards of fill that was later determined to be construction and demolition (“C&D”) debris was delivered to 10 Church Road (SBLs #26.2-7-41 and #26.2-7-42) in the hamlet of Shady, Woodstock, New York (“the Site”), at the time held or controlled by Vincent Conigliaro, as Executor of the Estate of Salvatore and Louise Conigliaro, and Gina Conigliaro, his wife, who reside at and occupy the Site; and

 

WHEREAS, the fill was dumped in approximately 200 truckloads by Joseph Karolys, a debris contractor already subject to DEC enforcement action for the illegal dumping of solid waste at properties in the Town of Saugerties; and

 

WHEREAS, in May 2020, the Town of Woodstock’s Building Inspector determined the fill at the Site was unstable, dumped on an adjoining property, and contained C&D debris, the disposal of which was prohibited under the Town’s Solid Waste Law (Chapter 192); and

 

WHEREAS, on May 21, 2020, the Town of Woodstock’s Building Inspector and Zoning Enforcement Officer (the “ZEO”) issued three Orders to Remedy Violation at the Site: Violation 20-09, citing dumping of unstabilized fill into neighboring properties and failure to observe proper methods for grading and drainage, and directing that all dumping cease and stabilization plans be provided; Violation 20-10, citing Chapter 192 §4, illegal dumping of hazardous waste, and directing submission of a bill of lading with proof of clean fill; and Violation 20-11, citing Chapter 32 §13, directing that all work cease; and

 

WHEREAS, on May 21, 2020, the former Town Supervisor collected a fill sample from the Site and submitted it to the DEC Region 3 Solid Waste Program; the resulting C&D Waste Composition Report dated June 16, 2020 confirmed that approximately 11% by weight of the fill was composed of concrete and glass, asphalt, and coal/slag/ash, brick, and wood in the fill material; and

 

WHEREAS, on August 31, 2020, Dennis M. Larios, P.E. and Principal of Brinnier and Larios, P.C. visited the Site in the former Town Supervisor’s presence and issued a written engineering report dated September 1, 2020 (the “Brinnier & Larios Report”); the Brinnier & Larios Report found that the fill was of “dubious quality,” was placed to create a steep embankment near the westerly property line, that a slope blow-out and failure had already occurred with potential for additional failures, and that the slope threatened the safety of the adjacent property at 59 Reynolds Lane (SBL #26.2-7-8) (the “Eighmey Property”); the Report recommended that the Site owners be required to develop a slope stabilization plan by a licensed engineer with a factor of safety of at least 1.5, accurate cross-sections, calculations, and erosion control measures; and

 

WHEREAS, the Brinnier & Larios Report expressly reserved the environmental quality of the fill as “a separate issue” to be addressed in a second letter (that was never written); and

 

WHEREAS, on October 20, 2020, the Town Board of the Town of Woodstock duly passed Resolution No. 179A-2020 TEST WATER AND SOIL AT PROPERTY ON REYNOLDS LN. (“the Monitoring Resolution”) citing violations of the Town’s Solid Waste Law (Chapter 192 §§4(B) and (C)) and the emergency action authority of the Town’s Zoning Law (Chapter 260 §99(G)), which directed as follows: (a) the Town would hire and pay for an independent, qualified testing agency, not affiliated with any Town employee, to collect and analyze water samples on the adjacent property at the Eighmey Property and then quarterly for one year and annually for up to three years thereafter; (b) the Town would hire and pay for an independent, qualified testing agency to complete testing of the fill at the Site in accordance with the Brinnier & Larios Report; (c) the Woodstock Environmental Commission (“WEC”), or a designated member, would review the status of all environmental reports and tests for at least three years and make further recommendations to the Town Board as needed; (d) fill and water testing would continue on the same quarterly and annual schedule by the same agency; and (e) the ZEO would keep all test results on file for at least five years; the Monitoring Resolution also cited the HydroQuest hydrology report dated August 26, 2020 (the “HydroQuest Report”), prepared by Paul A. Rubin, Professional Geologist/Hydrogeologist of HydroQuest Environmental Consulting, which found that the fill had been placed upgradient from the potable water well at the Eighmey Property and recommended sample collection by an independent, qualified professional and testing by a NYS-certified laboratory, for volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), metals, and asbestos; and

 

WHEREAS, in February 2022, Gina Conigliaro and Joseph Karolys pleaded guilty to criminal charges of illegal dumping under Chapter 192 in connection with the material deposited at the Site and each fined $1,500, the maximum penalty then available under that provision; similar charges against Vincent Conigliaro were dismissed; and

 

WHEREAS, on April 27, 2022, Town wastewater staff collected a water sample from the Eighmey Property and submitted it to Environmental Labworks, Inc.; between April 28 and June 6, 2022, Environmental Labworks issued three reports on that sample covering bacteriological, chemical, inorganic, organic, radiological, and other parameters (collectively, the “2022 Well-Water Reports”); and

 

WHEREAS, the April 28, 2022 bacteriological report indicated that coliform bacteria was present in the sample and expressly stated that the water was “NOT of satisfactory sanitary quality” pursuant to NYS Department of Health regulations; the May 20, 2022 chemical report revealed that iron and odor exceeded maximum contaminant level (“MCL”), arsenic and manganese were detectable but below MCL, and volatile organic compounds, regulated pesticides, PCBs, and asbestos were all below detection limits; the June 6, 2022 radiology report found all parameters well below applicable MCLs; none of these reports include the comprehensive analysis for semi-volatile organic compounds, including the full polycyclic aromatic hydrocarbon panel necessary to detect benzo(k)fluoranthene and related carcinogens, as specifically directed by the HydroQuest Report and the Monitoring Resolution; and

 

WHEREAS, the presence of coliform bacteria in a downgradient well demonstrates that the well is vulnerable to surface and subsurface infiltration, which is the precise pathway by which contaminants present at the Site could reach the potable water supply; and

 

WHEREAS, on November 7, 2022 Vincent Conigliaro applied for a Building Permit pursuant to Town Code Chapter 79 for “dirt removal and redistribution” for the Site; attached to the application was a one page drawing denominated “Plan E 10 Church Road Soil Cleanup” (hereinafter “Plan E”); and

 

WHEREAS, Plan E entailed the on-site moving of dirt, the sifting and sorting of the usable fill from the C&D material; and testing of the fill but not remediation of found chemical contamination; and

 

WHEREAS, on December 7, 2022, the former Town Supervisor, the Town Engineer, and the Highway Department agreed to Plan E without authorization of or approval by the Town Board; and 

 

WHEREAS, the Town of Woodstock issued Building Permit No. 23-147 on April 13, 2023 for “REMEDIATION OF FILL VIOLATION PER ENGINEERS SPECIFICATIONS AND TOWN BOARD APPROVAL”; and

 

WHEREAS, in Eighmey v. Town of Woodstock et al., Index No. EF2023-1411 (Sup. Ct. Ulster County, Gandin, J., December 8, 2023), the Supreme Court of the State of New York vacated and annulled Building Permit 23-147, holding that the Town’s determination was an error of law since the Town issued the permit in violation of Town Code Chapter 79; the Court based its findings on the inadequacy of Plan E, since the Court found that Plan E did “not contain contour markings delineating the existing and proposed landscape or an estimate of the amount of material to be displaced based on a cross section of the fill” as required, nor any details of erosion control; further, Plan E provided for on-site processing and sorting in violation of Town law; and

 

WHEREAS, in January 2023, Quality Engineering Solutions & Technologies (QuES&T) conducted an independent soil sampling examination of the Site and documented elevated levels of lead and benzo(k)fluoranthene, which is classified by the U.S. Environmental Protection Agency as a probable human carcinogen; and

 

WHEREAS, in November 2024, John A. Conrad, P.G., Senior Geologist of PVE (New York City), conducted an inspection and soil sampling of the Site on behalf of the Eighmeys and documented significant quantities of C&D debris remaining in the fill material, confirming that the sifting and sorting conducted under Plan E did not result in full removal of the illegal fill; and

 

WHEREAS, the WEC separately issued formal findings that Plan E did not constitute adequate remediation at the Site; a retaining wall at the Site failed and caused a landslide onto the Eighmey property; the Eighmeys have been advised not to consume their well water and have sued multiple parties, including the Town, in civil court; the Town has been dismissed as a defendant in the Eighmey litigation on procedural and jurisdictional grounds; and

 

WHEREAS, the Town has not yet implemented the 2020 Monitoring Resolution or the recommendations in the Brinnier & Larios Report, and

 

WHEREAS, independent scientific experts have each concluded that contamination concerns at the Site remain unresolved: Paul A. Rubin, P.G. of HydroQuest Environmental Consulting (Tivoli, NY); John A. Conrad, P.G. of PVE (New York City); Katherine Beinkafner, Ph.D. of Mid-Hudson Geosciences (Clintondale, NY); and Robert Wolff, environmental engineer and former WEC member; and

 

WHEREAS, the Site is situated upgradient from and in close proximity to the aquifer from which water is drawn by the Town of Woodstock public water supply and other private wells; two streams are located close to the Site, with one stream in proximity to the berm where fill was relocated; the documented presence of probable human carcinogens and remaining C&D debris at the Site poses a credible and ongoing risk of contamination to that aquifer, to those streams, and to private wells in the immediate vicinity; and

 

WHEREAS, the Town has authority to undertake the actions authorized herein under Chapters 36, 79, 192, and 260 of the Town Code. 

 

NOW, THEREFORE, BE IT RESOLVED that the Town Board finds as follows:

(a)   the Monitoring Resolution has never been implemented in accordance with its terms; and

(b)   the Chapter 192 violations cited in the Monitoring Resolution remain unabated; and

(c)   the Town’s obligations under the Monitoring Resolution remain in full force and must be discharged; and

(d)   the Town Board never approved Plan E or any other remediation plan for the Site; and

(e)   protection of the public health, welfare and safety require the Town to accurately and fully determine the extent of remaining contamination at the Site and the threat, if any, to the downgradient aquifer and the water supply; and

(f)              under the foregoing circumstances, the public and all involved parties are best served by the Town’s retention of a qualified environmental engineer to execute the required testing, evaluate any remaining threats to the aquifer and the water supply, and recommend appropriate remedial measures; and

 

BE IT FURTHER RESOLVED that the Town Board of the Town of Woodstock hereby reaffirms the Monitoring Resolution and all obligations imposed therein, including independent fill testing, independent water testing at the Eighmey Property, quarterly and annual retesting, WEC oversight, and ZEO recordkeeping; and

 

BE IT FURTHER RESOLVED the Town Board further finds that the former Town Supervisor’s unilateral agreement to Plan E, undertaken in direct contravention of the Monitoring Resolution’s mandate and without Town Board authorization, did not satisfy and cannot be deemed to have satisfied any obligation of the Town under that Resolution; and

 

BE IT FURTHER RESOLVED that, to fulfill the mandate of the Monitoring Resolution, the Town Board hereby authorizes and directs the new Town Supervisor, in consultation with Town Counsel and Special Counsel, to interview and recommend for retention by the Town Board a disinterested, independent, and qualified environmental engineer (the “Engineer”) to perform the work described herein; the Engineer shall have no prior involvement in any aspect of the 10 Church Road matter, no ownership or affiliation with any company previously engaged by the Town in connection with the Site, and no relationship or affiliation with any current or previous Town employee or officer; and

 

BE IT FURTHER RESOLVED that the scope of the Engineer’s engagement shall include, at minimum, the following tasks:

        Review and analysis of existing and known testing of the fill or water downstream of the Site, including the 2022 Well-Water Reports, prior soil sampling reports (including the January 2023 QuES&T report and the November 2024 Conrad/PVE debris report), the Brinnier & Larios Report, the HydroQuest Report, the June 2020 DEC C&D Waste Composition Report, engineering reports, groundwater testing results, DEC correspondence, and all prior remediation plans and assessments;

        Determination whether entry upon the Site is necessary to allow for sampling and testing to fully characterize the contamination;

        If such entry is necessary, preparation of an affidavit or professional certification, suitable for submission in support of an application for an administrative inspection warrant, summarizing the technical basis for additional testing;

        If an administrative inspection warrant issues, execution of necessary soil and groundwater sampling and analysis program at the Site, including sampling locations, depths, and parameters to be approved by the Town Board, with particular attention to subsurface and pulverized material, lead, polynuclear aromatic hydrocarbons (including benzo(k)fluoranthene), PFAS/PFOS, volatile and semi-volatile organic compounds, and metals, and any other contaminant or constituent that the Engineer shall designate;

        Updated water sampling at the well at the Eighmey Property, conducted by a NYS-certified laboratory, testing for VOCs, SVOCs, metals, asbestos, PFAS/PFOS, and coliform bacteria, in coordination with the Eighmey Property owners;

        Should the Eighmey Property owners prohibit follow-up testing, identify other downstream sites for water sampling; or, if Eighmey Property testing is absolutely necessary, coordination with municipal counsel on the preparation of an affidavit or professional certification, suitable for submission in support of an application for an administrative inspection warrant, summarizing the technical basis for additional testing and the professional opinion that such entry and testing is required;

        Preparation of a detailed report of findings, including delineation of the horizontal and vertical extent of contamination at the Site and in surrounding properties and groundwater, with a specific assessment of the risk to the municipal aquifer, nearby streams, and private wells;

        Identification and evaluation of remediation alternatives, including full excavation and off-site disposal, in-place treatment, and long-term monitoring, with itemized cost estimates for each;

        Recommendations for necessary interim protective measures to prevent further migration of contaminants pending full remediation;

        A written final report suitable for use in legal proceedings and agency submissions, together with a summary accessible to lay readers;

        Appearance before the Town Board at regular intervals to report on the status of the foregoing tasks and to respond to questions from Board members and members of the public; and

 

BE IT FURTHER RESOLVED that, should the Engineer recommend such testing, the Town Board hereby authorizes and directs Town Counsel, with the support of the Engineer, to prepare and file an application for an administrative inspection warrant in a court of competent jurisdiction, directed to Vincent Conigliaro as Executor of the Estate and as occupant of the Site, and to Gina Conigliaro as occupant; prior to filing any such application, the Town Supervisor shall send written notice to Vincent Conigliaro (in both capacities) and Gina Conigliaro requesting voluntary consent to access the Site for environmental testing; if consent is not granted within ten (10) business days of such notice, Town Counsel is authorized to proceed with the warrant application without further Town Board action; and

 

BE IT FURTHER RESOLVED that, should the Engineer determine access to additional private property wells are recommended, the Town Board hereby authorizes and directs Town Counsel, with the support of the Engineer, to prepare and file appropriate applications for administrative inspection warrants in a court of competent jurisdiction; prior to filing any such application, the Town Supervisor shall send written notice to said property owners requesting voluntary consent to access the Site for environmental testing; if consent is not granted within ten (10) business days of such notice, Town Counsel is authorized to proceed with the warrant application without further Town Board action and will notify the Town Board as soon as practicable.

 

Vote:

    Supervisor Courtis — aye

    Councilmember Ricci — aye

    Councilmember Korolkoff — aye

    Councilmember Earls — aye

    Councilmember Osmond — aye

 

Resolution adopted 5–0.

 

Public Comment

  • Gay Leonhardt spoke regarding the marking of the Comeau property and raised questions concerning where historical information will be maintained for preservation purposes. Additional comments included maintaining signage, Town maintenance responsibilities for buildings and trees on the property, and visuals created for the DOT project.
  • Tana O’Sullivan informed the Town Board of alleged threats and harassment by the developers of the Zena Development project.
  • Marcel Nagele, expressed appreciation for the resolution moving forward with a remediation plan for 10 Church Road.
  • Marica Zwilling commented on the DOT plan and noted that petitions and letters had been sent to the Town Board. She suggested removing the grass median and replacing it with a guardrail as a potential compromise.
  • Rebekah Brooks and Amy Suozzo expressed concerns regarding before- and after-care services for children (“wraparound care”) and the need for a Woodstock point of access location.
  • Michael Veitch, speaking on behalf of the Tree Committee, suggested a resolution calling for a pause on the DOT bike path project while it is still in the design phase. He stated this would allow additional time for the community and stakeholders to come together to further discuss the project.
  • Chris Bailey stated that he feels the new Board is doing a great job.

Announcements: 

 

  • The Town of Shandaken donated equipment for the public access TV Station.

 

ADJOURNMENT

 

At 8:00 PM, Supervisor Courtis moved to adjourn the meeting.

 

Seconded by: Councilmember Earls

 

All present voted aye. Motion carried.

 

Respectfully submitted,

 

______________________________

Meghann Reimondo

1st Deputy Town Clerk