Town Board Meeting 02/22/10
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
SECOND MEETING OF THE MONTH
TOWN BOARD TOWN OF MARLBOROUGH
FEBRUARY 22, 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 8, 2010 meeting
ITEM #5 Authorize payment of bills
ITEM #6 Comments on the agenda
ITEM #7 Public Presentations
ITEM #8 Report of Committees
A) RECREATION
B) SOUTHERN ULSTER ALLIANCE
C) EMERGENCY MANAGEMENT PREPAREDNESS COMMITTEE
D) CAC
E) IT COMMITTEE
F) FRIENDS OF MILTON-ON-HUDSON TRAIN STATION
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). Outdoor wood burning boilers
J). Hamlet of Marlboro Study
K). Hepworth/Town of Marlboro
L). Milton River front project
M). Garbage and collection bins
N). Curfew Law
O). Event Permit
P). Riverview Drive
Q). Establishment of an Architectural Review Board
R). Cluster Code
S). Street Lights on Lu El Ann Drive
T). Robin Drive Flooding
ITEM #10New Business
A). Zero lot line Town House/Condominium issue regarding assessment
B). DOT Traffic Light
C). Snow Emergency Regulations
ITEM #11 Correspondences
ITEM #12 Public Comment
ITEM #13 Resolutions
A). Resolution #38 to adopt Local Law #1 of the year 2010
B). Resolution #39 to appoint a Planning Board Member
C). Resolution #40 To Authorize the Town of Marlboro to enter into a lease purchase agreement
D). Resolution #41 To appoint Noel Russ As CAC Chairman
E). Resolution #42 To appoint part time mechanic
F). Resolution #43 To appoint Don McKay as ZBA Chairman
G). Resolution #44 To make budget amendments for the year 2009
H.) Resolution #45 To amend the 2010 Town Budget
ITEM #14 ADJOURMENT
February 22, 2010
A). Resolution #38 to adopt Local Law #1 of the year 2010
Supervisor Cerone proposes the following:
WHEREAS, a resolution was duly adopted by the Town Board of the Town of
Marlborough on the Twenty-fifth day of January, Two Thousand Ten, for a public hearing to be
held by said Town Board on the Eighth day of February, Two Thousand Ten, at Six Thirty (6:30)
pm at the Town Hall 1650 Rt 9W, Milton, New York to hear all interested parties on a proposed
Local Law entitled Vehicles-Town Owned, and
WHEREAS, notice of said public hearing was duly advertised in the Southern Ulster
Pioneer, the official newspaper of the Town of Marlborough on the Twenty-seventh day of
January, Two Thousand Ten and posted on the Town Bulletin Board on the Twenty-sixth day of
January, Two Thousand Ten, and
WHEREAS, said public hearing was duly held on the Eighth day of February, Two
Thousand Ten at Six Thirty (6:30) pm at the Town Hall 1650 Rt 9W, Milton, New York and all
parties in attendance were permitted an opportunity to speak on behalf of or in opposition to the
said proposed Local Law or any part thereof, and
WHEREAS, the Town Board of the Town of Marlborough after due deliberation finds it
in the best interest of the Town of Marlborough to adopt said Local Law.
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town on Marlborough hereby adopts Local Law #1 for the year Two Thousand Ten entitled Vehicles-Town Owned, a copy of which is attached here to and made a part of this resolution and
BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Marlborough be and
she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Marlborough and to give due notice of the adoption of said Local Law to the Secretary of State of the state of New York.
And moves for its adoption
Councilman Affuso -----
Councilwoman Biggin -----
Councilman Molinelli -----
Councilman Pascale -----
Supervisor Cerone -----
February 22, 2010
B). Resolution #39 to appoint a Planning Board Member
Supervisor Cerone proposes the following:
Whereas, a vacancy to the Town of Marlborough Planning Board exists due to the resignation of Member Frank McGuire, and
Whereas, the Planning Board Committee has interviewed for the position of a Planning Board Member, and
Whereas, it is the recommendation of the Planning Board Committee, to appoint Joel Truncali.
Now therefore be it resolved, that Joel Truncali be appointed to the Town of Marlborough Planning Board to fill the remaining term of the vacated seat effective immediately ending December 31, 2012.
And moves for its adoption
Councilman Affuso -----
Councilwoman Biggin -----
Councilman Molinelli -----
Councilman Pascale -----
Supervisor Cerone -----
February 22, 2010
C). Resolution #40 To Authorize the Town of Marlboro to enter into a lease purchase agreement
Supervisor Cerone proposes the following:
Whereas, the Highway Department of the Town of Marlboro has requested the purchase of (2) 2010 International cab/chassis from Arkel Motors through State bid for $86,021.65 each, and
Whereas, there was a bid for the dump bodies, hydraulics and plow units for $33,289.00 each, and
Whereas, such purchase is authorized under section 109-B of the General Municipal Law of the State of New York, and
Whereas, Section 109-B of the General Municipal Law of the State of New York requires a resolution authorizing the installment purchase.
Now there fore be it resolved, that Resolution # 32 adopted on February 8, 2010 is herby rescinded and,
Be further resolved, that after further inquiries into available financing opportunities the Town has been able to secure financing which will save the taxpayers of the Town nearly $3,500.00 over the life of the loan and,
Be it further resolved, that the Town is hereby authorized to enter into an installment purchase contract with Key Government Finance, Inc. of 1000 South McCaslin Blvd,. Superior Colorado 80027 for the purchase of 2 2010 International cab/chassis with dump bodies and plow units for the principal sum of $238,621.30.
Be it further resolved, that the said sum with interest at 3.51% per annum be paid in 3 annual payments of $83,917.92 commencing on the 1st day of March, 2010, and
Be it further resolved that for the year 2010 the Town Board has appropriated 1 payment of 83,917.92, and
Be it further resolved, that the period of probable usefulness prescribed for such equipment under Section 11 of the Local Finance Law is five years, and
Be it further resolved, that the Supervisor of the Town of Marlborough is authorized to execute the installment purchase agreement.
And moves for its adoption:
Councilman Affuso -----
Councilwoman Biggin -----
Councilman Molinelli -----
Councilman Pascale -----
Supervisor Cerone -----
February 19,2010
D). Resolution #41 To appoint Noel Russ As CAC Chairperson
Supervisor Cerone proposes the following:
Whereas, at the Town of Marlborough’s Annual Reorganization meeting Arlette Porpiglia was appointed as CAC Chairperson, and
Whereas, Arlette Porpiglia has stepped down as Chairperson but will remain an active member, and
Whereas, member Noel Russ has been the Chairperson for the past 3 years and would like to continue.
Be it resolved that Noel Russ will be reappointed as the CAC Chairperson effective immediately.
And moves for its adoption
Councilman Affuso -----
Councilwoman Biggin -----
Councilman Molinelli -----
Councilman Pascale -----
Supervisor Cerone -----
February 19, 2010
E). Resolution #42 To appoint part time mechanic
Supervisor Cerone proposes the following:
Whereas, it is the recommendation of Highway Superintendent Gael Appler to hire James VanVliet as part time mechanic, and
Whereas, this part time position is not entitled to any health benefits.
Be it resolved, that James VanVliet be appointed as part time mechanic effective immediately at the hourly rate of $17.00.
And moves for its adoption
Councilman Affuso -----
Councilwoman Biggin -----
Councilman Molinelli -----
Councilman Pascale -----
Supervisor Cerone -----
February 19, 2010
F). Resolution #43, To appoint Don McKay as ZBA Chairman
Supervisor Cerone proposes the following:
Whereas, current long time ZBA Chairman Keith Festa has resigned, and
Whereas, the Town Board of the Town of Marlboro would like to appoint Zoning Board Member Don McKay as chairperson.
Now therefore be it resolved that Don McKay be appointed as ZBA Chairperson effective immediately.
And moves for its adoption
Councilman Affuso -----
Councilwoman Biggin -----
Councilman Molinelli -----
Councilman Pascale -----
Supervisor Cerone -----
February 22, 2010
G). Resolution #44 To make budget amendments for the year 2009
Supervisor Cerone proposes the following:
Resolved that the following budget amendments be approved for the year 2009
2009 BUDGET AMENDMENTS
GENERAL FUND
ACCOUNT DESCRIPTION INCREASE DECREASE
1110.100A Justice Personal Services 9955.00
1650.100A Central Comm Personal Services 18549.00
3120.100A Police Personal Services 19448.00
3120.400A Police Contractual 9056.00
1610.400A Central Serv. Admin 8094.00
1420.400A Attorney Contractual 36987.00
1990.400A Contingent 45081.00
1355.400A Assessors Contractual 1745.00
1680.400A Central Data Proc 1745.00
5182.400A Street Lighting Contractual 2463.00
1620.100A Buildings Personal Services 3027.00
6140.400A Home Relief Contractual 4259.00
6148.400A Burials 1003.00
1620.400A Buildings Contractual 10752.00
4540.400A Ambulance Contractual 26794.00
1450.400A Elections Contractual 25000.00
1620.400A Buildings Contractual 1794.00
7110.100A Parks Personal Services 9097.00
7110.400A Parks contractual 882.00
7310.100A Youth Programs Personal Services 9979.00
9030.800A Social Security 3769.00
9035.800A Medicare 811.00
1990.400A Contingent 4580.00
9060.800A Hospital and Medical Insurance 1951.00
9050.800A Unemployment Insurance 1951.00
Total General Fund 129386.00 129386.00
HIGHWAY
ACCOUNT DESCRIPTION INCREASE DECREASE
5110.100DA General Repairs Personal 34129.00
5130.400DA Machinery Contractual 18729.00
5142.100DA Snow Removal Personal Services 15840.00
5142.400DA Snow Removal Contractual 31240.00
5110.400DA General Repairs Contractual 148238.00
5112.400DA Chips Contractual 148238.00
Total Highway 198207.00 198207.00
SEWER
ACCOUNT DESCRIPTION INCREASE DECREASE
8110.400SS Sewer Contractual 3261.00
8110.200SS Sewer Equipment 3261.00
Total Sewer 3261.00 3261.00
WATER
ACCOUNT DESCRIPTION INCREASE DECREASE
8340.400SW Trans Distribution 11785.00
8310.200SW Water Equipment 11785.00
Total Water 11785.00 11785.00
DRAINAGE DISTRICTS
ACCOUNT DESCRIPTION INCREASE DECREASE
0909.000S10 Applewood Farms Drainage 5554.00
0909.000A General Fund Balance 5554.00
To show the transfer from Applewood Farms Drainage Fund Balance to the General Fund Balance
Due to the dissolving of the drainage district in 2009.
And moves for its adoption:
Councilman Affuso -----
Councilwoman Biggin -----
Councilman Molinelli -----
Councilman Pascale -----
Supervisor Cerone -----
February 22, 2010
H.) Resolution # 45 To Amend the 2010 Town Budget
Supervisor Cerone Proposes The Following:
Whereas, the 2010 budget line item 3120.400A entitled Police Contractual Expenses contains an appropriation f $25,000.00 that was transferred into it in December of 2009 from funds that were appropriated for the Sarah Hull Library and,
Whereas, the $25,000.00 was available for transfer due to the failure of Proposition # 3 in the November 3, 2009 General Election,
Now, therefore be it resolved, that the $25,000.00 which was transferred into line item 3120.400A, Police Contractual Expenses be taken out of that line item and transferred into line item 1990.400A entitled Contingency and,
Be it further resolved, that the Town of Marlborough Budget officer be notified immediately of this amendment and take the necessary steps to transfer the funds immediately
And moves for its adoption:
Councilman Affuso -----
Councilwoman Biggin -----
Councilman Molinelli -----
Councilman Pascale -----
Supervisor Cerone -----