Town Board Meeting 03/08/10
THE MEETING TONIGHT IS FOR THE CONDUCT OF TOWN BUSINESS BY THE TOWN BOARD. THE PUBLIC IS INVITED TO PARTICIPATE AT THE ITEMS MARKED ON THE AGENDA "PUBLIC COMMENT." DURING THAT SEGMENT OF THE MEETING, IF YOU HAVE A QUESTION OR COMMENT FOR THE SUPERVISOR, PLEASE RAISE YOUR HAND AND WAIT TO BE ACKNOWLEDGED. PLEASE STATE YOUR FULL NAME AND LIMIT YOUR REMARKS TO THREE MINUTES. THANK YOU FOR YOUR ANTICIPATED COOPERATION.
AGENDA
FIRST MEETING OF THE MONTH
TOWN BOARD TOWN OF MARLBOROUGH
MARCH 8, 2010 7:00 PM
ITEM #1 Call to order Pledge of Allegiance
ITEM #2 Moment of Silence
ITEM #3 Motion to approve agenda
ITEM #4 Motion to approve minutes of the February 22, 2010 meeting
ITEM #5 Authorize to pay bills
ITEM #6 Comments of the Agenda
ITEM #7 Public Presentations
ITEM #8 Report of departments
A) SUPERVISOR- CHRISTOPHER CERONE
B) TOWN CLERK – NATALIE FELICELLO
C) POLICE CHIEF – STEPHEN FAJFER
D) HIGHWAY SUPERINTENDENT – GAEL APPLER, SR.
E) WATER SUPERINTENDENT – CHARLIE MUGGEO
F) BUILDING INSPECTOR – GEORGE SALINOVICH
G) WASTEWATER TREATMENT FACILITY – ANTHONY FALCO
H) DOG CONTROL OFFICER – JAMES MEYER
I) ASSESSOR – CINDY ALBRECHTSEN
J) PLANNING-JOE PORCO
K). JUSTICE DEPARTMENT
ITEM #9 Old Business
A). Train Station
B). Verizon Tower /2004
C). Town Hall improvements/relocation /2006
D). Stand Pipe/2004
E). Noise Ordinance
F). Employee Handbook/Job description
G). Ashlyn Drive
H). Water supply/2008
I). Hamlet of Marlboro Study
J). Hepworth/Town of Marlboro
K). Milton River front project
L). Garbage and collection bins
M). Curfew Law
N). Event Permit
O). Riverview Drive
P). Establishment of an Architectural Review Board
Q). Cluster Code
R). Street Lights on Lu El Ann Drive
S). Robin Drive Flooding
T). ZBA vacancy
ITEM#10 New Business
A).ROAD BOND ROCKINGHAM RIDGE
B).UCRRA CONTRACT/TRANSFER STATION
C).TOWNHOUSE/CONDOMINIUM/ ZERO LOT LINE
D).SPECIAL USE PERMIT/HOME OCCUPATIONS UNCOLLECTED FEES
ITEM #11 Correspondences
ITEM #12 Public Comment
ITEM #13 Resolutions
A). Resolution #46 To appoint a CAC Member
B). Resolution #47 To accept Donation to the Police Department
C). Resolution # 48 Negative Declaration Resolution And Notice Of Determination Of Non-Significance For Expansion Of The Purpose Of The Municipal Building Capital Reserve Fund, Approval Of The Contract Of Sale To Purchase Real Property And Authorization Of The Supervisor To Execute Same And Authorization Of Expenditure Not To Exceed $100,000.00 From Such Capital Reserve Fund
D). Resolution #49 To Expand The Purpose Of The Municipal Building Capital Reserve Fund, Approve A Contract Of Sale To Purchase Real Property And Authorize The Supervisor To Execute Same And Authorize Expenditure Not To Exceed $100,000.00From Such Capital Reserve Fund
E). Resolution # 50 Order By Town Board For Hearing On Establishment Of The Clarke Drainage District
ITEM #14Adjournment
March 8, 2010
A). Resolution # 46 To appoint a CAC Member
Supervisor Cerone proposes the following:
Whereas, there has been an open position for a student representative on the CAC, and
Whereas, the CAC Committee along with the CAC Chairperson has recommended that Daniel MacElarth be appointed to the CAC for a 1 year term expiring March 1, 2011.
Now therefore be it resolved that Daniel MacElarth be appointed effective immediately.
And moves for its adoption
Councilman Affuso -----
Councilwoman Biggin -----
Councilman Molinelli -----
Councilman Pascale -----
Supervisor Cerone -----
March 8, 2010
B). Resolution #47 To accept Donation to the Police Department
Supervisor Cerone proposes the following:
Whereas, Absolutely Automotive is donating a 2003 Chevrolet Impala to the Town of Marlboro Police Department for the purpose of the DARE Program, and
Whereas, the donation policy adopted by the Town Board of the Town of Marlboro on October 10, 2006 states all donations must be evaluated and accepted by the Town Board.
Now therefore be it resolved, that the Town Board of the Town of Marlboro hereby accepts said donation.
And moves for its adoption
Councilman Affuso -----
Councilwoman Biggin -----
Councilman Molinelli -----
Councilman Pascale -----
Supervisor Cerone -----
March 8, 2010
C). Resolution # 48 NEGATIVE DECLARATION
RESOLUTION AND NOTICE OF DETERMINATION OF NON-SIGNIFICANCE
FOR EXPANSION OF THE PURPOSE OF THE MUNICIPAL BUILDING
CAPITAL RESERVE FUND, APPROVAL OF THE CONTRACT OF SALE
TO PURCHASE REAL PROPERTY AND AUTHORIZATION OF THE SUPERVISOR TO EXECUTE SAME AND AUTHORIZATION OF EXPENDITURE NOT TO
EXCEED $100,00.00 FROM SUCH CAPITAL RESERVE FUND
WHEREAS, the Town of Marlborough Town Board (“Town Board”) proposes to expand the purpose of the Municipal Building Capital reserve fund to include the financing of all or a part of the cost of the construction, reconstruction and/or acquisition of “capital improvements” as such term is defined by General Municipal Law § 6-c(1)(b); to approve the terms of a Contract of Sale with Lois G. Hepworth for the purchase of the vacant real property known as the “Hepworth Property”, which Contract of Sale is contingent upon a lot line change; to authorize and direct the Supervisor of the Town of Marlborough to execute the Contract of Sale; and to authorize the expenditure from the Municipal Building Capital Reserve Fund of an amount not to exceed the sum of $100,000.00 which amount is all of the cost of acquiring the Hepworth Property, for the purpose of purchasing such property (the “Action”); and
WHEREAS, the Town Board has determined that this Action is an Unlisted action pursuant to 6 NYCRR Part 617 of the NY State Environmental Quality Review Act (SEQRA) and that the action need not be subject to optional coordinated review by all involved agencies; and
WHEREAS, the Town Board has caused the preparation of a Short Environmental Assessment Form (“EAF”); and
WHEREAS, the Town Board has reviewed the Action, the Short EAF and all relevant supporting documentation, and has compared the Action with the criteria contained in 6 N.Y.C.R.R. § 617.7(c) and determined that no significant adverse impacts associated with the proposed action have been identified.
NOW, THEREFORE, BE IT RESOLVED that the Town Board has examined the impacts which may be reasonably anticipated to result from the Action, and has determined that the Action will not have any significant adverse impact on the environment and that a draft environmental impact statement need not be prepared; and, be it further
RESOLVED that the Town Board hereby issues a Negative Declaration pursuant to the requirements of SEQRA, a copy of which is attached hereto; and, be it further
RESOLVED that the Town Board hereby authorizes the filing of the Negative Declaration pursuant to the requirements of SEQRA as contained in its regulations at 6 N.Y.C.R.R. § 617.12.
And moves for its adoption
Councilman Affuso -----
Councilwoman Biggin -----
Councilman Molinelli -----
Councilman Pascale -----
Supervisor Cerone -----
DATED: Marlborough, New York
March 8, 2010
This Negative Declaration is adopted this 8th day of March, 2010, and is ordered into the record for the Action by the Town of Marlborough Town Board.
________________________________________________
NATALIE FELICELLO, TOWN CLERK
TOWN OF MARLBOROUGH
March 8, 2010
D). Resolution #49 TO EXPAND THE PURPOSE OF THE MUNICIPAL
BUILDING CAPITAL RESERVE FUND, APPROVE A CONTRACT
OF SALE TO PURCHASE REAL PROPERTY AND AUTHORIZE THE
SUPERVISOR TO EXECUTE SAME AND AUTHORIZE EXPENDITURE
NOT TO EXCEED $ 100,000.00_FROM SUCH CAPITAL RESERVE FUND
WHEREAS, on April 13, 2009, the Town Board of the Town of Marlborough, Ulster County, New York (the “Town Board”) passed a resolution which established and funded a capital reserve fund pursuant to General Municipal Law § 6-c for the purpose of financing all or a part of the cost of the construction, reconstruction or acquisition of municipal buildings, which are a type of capital improvement, and any furnishings, equipment, machinery or apparatus acquired at the time of construction of such municipal buildings (the “Municipal Building Capital Reserve Fund”); and
WHEREAS the Town Board wishes to include the purpose of financing the construction, reconstruction and/or acquisition of “capital improvements”, as such term is defined by General Municipal Law § 6-c(1)(b), as a purpose of the Municipal Building Capital Reserve Fund; and
WHEREAS, the Town of Marlborough has negotiated a purchase and sale contract (the “Contract of Sale”) with Lois G. Hepworth for the purchase of the vacant real property known as the “Hepworth Property”, which property is located in the Town of Marlborough, County of Ulster and State of New York, and is a portion of premises designated as Tax Map No. 103.3-3-15.3 on the Tax Map of the Town of Marlborough, and is the parcel of land consisting of 1.140± acres designated as "Lands of Hepworth To Be Conveyed To The Town of Marlborough" on the map dated February 2, 2008 entitled "Map Showing Lot Line Revision of lands of Lois G. Hepworth and Town of Marlboro" prepared by John J. Post, Jr.; and
WHEREAS, the Town Board wishes to finance all of the costs of acquisition of the parcel of real property known as the Hepworth Property for an amount not to exceed the sum of $100,000.00, with funds in the Municipal Building Capital Reserve Fund, and
WHEREAS, this action is an Unlisted action under the State Environmental Quality Review Act (“SEQRA”) pursuant to 6 N.Y.C.R.R. Part 617 of its implementing regulations and the Town Board issued a determination of non-significance i.e., a negative declaration, for the action by resolution on March 8, 2010.
NOW, THEREFORE, BE IT RESOLVED that pursuant to General Municipal Law § 6-c, as amended, the Town Board of the Town of Marlborough, Ulster County, New York, does hereby include the purpose of financing all or a part of the cost of the construction, reconstruction and/or acquisition of “capital improvements” as such term is defined by General Municipal Law § 6-c(1)(b) as a purpose of the previously established Municipal Building Capital Reserve Fund; and, be it further
RESOLVED that the Town Board hereby approves the terms of the Contract of Sale between the Town of Marlborough and Lois G. Hepworth for the purchase of the Hepworth Property, a copy of which is attached hereto; and, be it further
RESOLVED that the Supervisor is hereby authorized and directed to execute said Contract of Sale on behalf of the Town of Marlborough, with such modifications thereto as the Supervisor and the attorneys to the Town deem advisable, and to take all actions and execute and deliver all documents as may be necessary and proper for the purpose of conveying, executing and delivering title from Lois G. Hepworth to the Town of Marlboro pursuant to the terms and conditions of the Contract of Sale; and, be it further
RESOLVED that pursuant to General Municipal Law § 6-c(8), the Town Board hereby authorizes an expenditure from the Capital Reserve Fund in an amount not to exceed the sum of $100,00.00 which amount is all of the cost of acquiring the Hepworth Property, for the purpose of purchasing the Hepworth Property; and be it further
RESOLVED that this resolution is subject to a permissive referendum as provided by Town Law Article 7 and notice of its adoption shall be published and posted according to law.
And moves for its adoption
Councilman Affuso -----
Councilwoman Biggin -----
Councilman Molinelli -----
Councilman Pascale -----
Supervisor Cerone -----
DATED: Marlborough, New York
March 8, 2010
__________________________________
NATALIE FELICELLO, TOWN CLERK
TOWN OF MARLBOROUGH
March 8, 2010
E). Resolution # 50 ORDER BY TOWN BOARD FOR HEARING
ON ESTABLISHMENT OF THE CLARKE DRAINAGE DISTRICT
WHEREAS, a petition, September 24, 2009, for the establishment of an improvement district was filed with the Town Board of the Town of Marlborough, Ulster County, New York.
WHEREAS, the proposed district is described and bounded to include the real property described within Exhibit "A" annexed hereto.
WHEREAS, the proposed improvements consist of items specified in a Map and Plan prepared by Engineering Properties, P.C. of Montgomery, NY in September 2009, and on file with the Town Clerk. The improvements shall be made by the developer of the project, as a condition of Planning Board approval thereof, and the proposed district is to be known as the Clarke Drainage District; and
WHEREAS, the maximum capital amount proposed to be expended for the drainage improvements is $0.00, since the cost of the improvements shall be borne by the developer, and said capital improvements are proposed to be dedicated to the proposed drainage district; and
WHEREAS, as set forth within the Map and Plan which is on file with the Town Clerk, the estimated amount anticipated to be expended annually by the proposed drainage district for the operation and maintenance of the facilities is $3,600.00 per year, and the annual benefit assessment cost to the typical property, which will be a one-family home, shall initially approximate $175 per year based upon that annual budget spread over 21 benefit units; and
ORDERED, this Board will hold a public hearing to consider the adoption of the petition and relevant matters on April 12, 2010, at 6:30 p.m., at the Town Hall, Town of Marlborough, County of Ulster, New York. All persons interested in this matter shall be heard, and it is further
ORDERED, that the Town Clerk of the Town of Marlborough is hereby authorized and directed to publish a certified copy of this order in the official paper, the first publication thereof to be not less than ten nor more than twenty days before the day set for the hearing, and to post a copy of same on the sign-board of the Town of Marlborough, in the same time and manner, as required by Town Law §193.
And moves for its adoption
Councilman Affuso -----
Councilwoman Biggin -----
Councilman Molinelli -----
Councilman Pascale -----
Supervisor Cerone -----
DATED: March 8, 2010
Milton, New York
_____________________________
NATALIE FELICELLO, TOWN CLERK