Town Board Agenda 7/12/2010
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.
PUBLIC HEARING
OPEN FROM JUNE 28TH MEETING
LOCAL LAW #6 Chapter 105 Noise
LOCAL LAW #8 To amend Chapter 130 Streets and Sidewalks
AGENDA
FIRST MEETING OF THE MONTH
TOWN BOARD TOWN OF MARLBOROUGH
JULY 12, 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 June 28 meeting
ITEM #5 Authorize to pay bills
ITEM #6 Comments of the Agenda
ITEM #7 Public Presentations
A). Bayside-Dominic Cordisco
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/McLaughlin Drive/Robin Drive
H). Water supply/2008
I). Milton River front project
J). Curfew Law
K). Riverview Drive
L).Design Standards/Cluster Code/Town House-Condo Zero lot line
M). Street Lights on Lu El Ann Drive
N). Justice Court Audit
O). Rockingham Ridge
P). UCRRA Contract Transfer Station
Q). Special Use Permit/Home Occupations Uncollected Fees
R). Ambulance Service Agreement
S).Cemeteries
T). Roca Water District Extension/McGoey Hauser & Edall & VanDeWater
U). Brody Water District Extension/Brinner and Larios & Bonacic
V). 220 North Rd Realty/Brinner and Larios & VanDeWater
W). Ethics Committee Municipal Member
X), Zoning Change Dock Rd DMK Development-sent to County
Y). Bayside Zoning Change-sent to County
Z). Special Prosecutor for Town Court
AA). Local Law #5 Amending Chapter 155 Zoning-sen
BB). Sunrise ridge Subdivision Drainage District
CC). Local Law # 8 Streets and Sidewalks
ITEM#10 New Business
A). Board of Assessment Review
ITEM #11 Correspondences
ITEM #12 Public Comment
ITEM #13 Resolutions
A). Resolution #90 To appoint a Municipal Member to the Ethics Committee
B). Resolution #91 Consent of the Town Board for Christina Way Road dedication
C). Resolution # 92 To adopt Local Law #6 Noise
D). Resolution # 93 To adopt Local Law #7 To Amend Chapter 13 Code of Ethics
E). Resolution #94 To adopt Local Law #5 Amending Chapter 155, Section 155-1 and 155-18(a) Zoning
ITEM #14Adjournment
July 12, 2010
A). Resolution #90 To appoint a Municipal Member to the Ethics Committee
Supervisor Cerone proposes the following:
Whereas, the Ethics Code establishes a Board of Ethics composed of five members appointed by the Town Board, which shall include at least one member who is an municipal officer or employee, and
Whereas, the Town Board of the Town of Marlborough appointed Elizabeth Manion to fulfill that required position on August 24, 2009, and
Whereas Elizabeth Manion was found not to be a Town Employee, and
Whereas, the Ethics Committee chairperson, along with Board Members recommend that Cathy Wilklow be appointed to the Ethics committee.
Not therefore be it resolved that Cathy Wilklow be appointed to the Town of Marlborough Ethics Committee to fill the remaining term of the vacated seat effective immediately ending December 31, 2011.
And Moves for its adoption:
Councilman Affuso -----
Councilwoman Biggin -----
Councilman Molinelli -----
Councilman Pascale -----
Supervisor Cerone -----
July 12, 2010
B). Resolution #91 Consent of the Town Board for Cristina way road dedication
Supervisor Cerone propose the following:
STATE OF NEW YORK
TOWN OF MARLBOROUGH
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IN THE MATTER of the
CONSENT OF TOWN
LAYING OUT OF A CERTAIN BOARD TO DEDICATION
HIGHWAY IN THE TOWN OF MARLBOROUGH,
ULSTER COUNTY, NEW YORK CHRISTINA WAY
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Upon reading the Dedication and Release in the above entitled matter dated the 12th day of
July, 2010, wherein the owners of lands described herein have released the same to the Town of Marlborough and its Superintendent of Highways for highway purposes;
now, therefore, be it RESOLVED, that consent be and the same hereby is given to the Town Superintendent of Highways of the Town of Marlborough to make an Order Laying Out the Lands described in Schedule “A” attached hereto.
To be known as Christina Way in accordance with the provisions of the Highway Law and
other statutes applicable.
Dated this ______ day of July, 2010
TOWN BOARD OF THE TOWN OF MARLBOROUGH
COUNTY OF ULSTER, STATE OF NEW YORK
____________________________________
Christopher Cerone
____________________________________
Lisa Biggin
___________________________________
Eric Affuso
____________________________________
Ed Molinelli
____________________________________
Anthony Pascale
July 12, 2010
C). Resolution # 92 To adopt Local Law #6 Noise
Supervisor Cerone proposes the following:
WHEREAS, a resolution was duly adopted by the Town Board of the Town of
Marlborough on the fourteenth day of June, Two Thousand Ten, for a public hearing to be
held by said Town Board on the twenty eighth day of June, 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 # 6 entitled Chapter 105 Noise, and
WHEREAS, notice of said public hearing was duly advertised in the Southern Ulster
Times, the official newspaper of the Town of Marlborough, and
WHEREAS, said public hearing was duly held on the twenty eighth day of June, 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 #6 for the year Two Thousand Ten entitled, Chapter 105 Noise 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 -----
SECTION 105-1 LEGISLATIVE INTENT.
The Town Board of the Town of Marlborough declares its intent to regulate and control
loud and disturbing noise. By enactment of this chapter the Town Board intends to promote the
health, safety, and welfare of the Town through such control.
SECTION 105-2 DEFINITIONS.
(A) NOISE- Any sound that exceeds decibel limit as described herein at the property line
from which property the sound emanates or is produced.
(B) PLAINLY AUDIBLE- Sound detected by a person using unaided faculties for
hearing.
(C) AMPLIFICATION- Any means by which a sound is magnified.
(D) CODE ENFORCEMENT OFFICER- Any officer appointed by resolution of the
Town Board, including but not limited to police, building inspector, or code enforcement officer.
SECTION 105-3 PROHIBITED NOISES.
(A) Between the hours of 10:00 PM and 7:00 AM Monday through Friday and 11:00 PM
and 7:00 AM Saturday and Sunday any sound that exceeds 70 decibels as measured at the
property line of the property from which the sound emanates or is of such a manner or volume as
to be plainly audible inside any residence or building with closed windows and doors by those
who are not voluntary listeners is prohibited.
(B) Sounds generated, created, or caused to be made by any individual with the intent to
cause annoyance, alarm, or undue inconvenience to owners or occupants of adjoining properties
and exceed 75 decibels at the property line are prohibited.
(C) Sounds of machinery/equipment or any internal combustion engine that exceeds a
duration of six continuous hours and exceeds 75 decibels at a distance of 100 feet from the
source.
(D) Amplified sound including but not limited to music, voices, chanting, bells, chimes,
animal sounds, shall not exceed 75 decibels at the property line from which the sound is
generated.
SECTION 105-5 EXEMPT.
1.) All sounds produced by any accepted agricultural activity/practice or as defined in
the Right to Farm Law of the Town of Marlborough are exempt from this chapter.
2.) Sounds connected with sporting or educational events of any public or private
entity including schools. Use of loudspeaker, public address systems, or other
amplified speaker systems are exempt from this chapter.
3.) Sounds created by any government agency for a public purpose.
4.) Emergency construction repair work at all times to preserve safety or prevent
property damage.
5.) Sounds created by public utilities in carrying out their franchises. Refuse removal
by public or private companies are exempt.
6.) Music or other sounds produced in connection with any military or civic parade,
ceremony, or celebratory procession, holiday festival that is transitory in nature.
7.) Sounds created by lawnmowers, leaf blowers, snow blowers, chain saws and other
small engines between the hours 7:00 AM and 9:00 PM Monday through Saturday
and between the hours 10:00 AM and 9:00 PM Sunday.
SECTION 105-5 OWNER’S LIABILITY.
The owners of the premises upon which prohibited acts occur shall be jointly and severally liable
for all violations of this chapter.
SECTION 105-6 ENFORCEMENT, ABATEMENT OF NUISANCES,
INJUNCTIVE RELIEF.
Upon receipt of written or verbal complaint, the police or code enforcement officer shall
investigate said complaint, upon determination of violation of this chapter, an appearance ticket
shall be issued. Such order shall state the nature of violation and the provision of the chapter
violated, shall state that immediate compliance is required and that failure to comply may result
in proceeding to compel compliance or to assess penalty.
SECTION 105-7 PENALTY.
A fine of up to $1,000.00 for each offense.
July 12, 2010
D). Resolution # 93 To adopt Local Law #7 To Amend Chapter 13 Code of Ethics
Supervisor Cerone proposes the following:
WHEREAS, a resolution was duly adopted by the Town Board of the Town of
Marlborough on the fourteenth day of June, Two Thousand Ten, for a public hearing to be
held by said Town Board on the twenty eighth day of June, 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 # 7 To Amend Chapter 13 Code of Ethics, and
WHEREAS, notice of said public hearing was duly advertised in the Southern Ulster
Times, the official newspaper of the Town of Marlborough, and
WHEREAS, said public hearing was duly held on the twenty eighth day of June, 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 #7 for the year Two Thousand Ten entitled, Chapter 13 Code of Ethics 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 -----
SECTION 13-2 - DEFINITIONS.
1. Delete the existing paragraph entitled “Town Officer or Employee” and substitute in
its place and stead the following:
TOWN OFFICER OR EMPLOYEE - Town officer or employee (“Municipal Officer or
Employee”) shall include any officer or employee of the Town of Marlborough (“Town”) paid by the municipality, elected or appointed, and includes without limitation all members of any office, board, body, advisory board, council, commission, department, division, bureau, district of the Town.
SECTION 13-3 - STANDARDS OF CONDUCT.
2. Delete Section 13-3, Subdivision H - Standards of Conduct and substitute in its place
and stead the following:
H. Future Employment. For a period of one year after his/her term of office or
employment with the Town has ended; no former Town officer or employee shall appear,
practice or personally represent before any board or agency of the town in relation to any case,
proceeding or application in which he or she participated in or considered while in the course of
discharging his/her official duties during the period of his or her service or employment.
Notwithstanding this section, a former Town officer or employee may appear before any board or agency of the Town with respect to matters of a personal nature.
SECTION 13-4 - BOARD OF ETHICS.
3. Delete Subdivision A-1 and A-9 of Section 13-4 and substitute in its place and stead
the following:
Section 13-4 - Board of Ethics - A. Establishment
(1) A Board of Ethics composed of five members is hereby established pursuant to
Section 808 of the General Municipal Law. The members shall be appointed by the Town
Board, the majority of whom are not otherwise officers or employees of the Town. Such board
shall include at least one member who is a municipal employee.
(9) Three members of the Board are required for the purpose of conducting a meeting.
Any and all references to the Town of Marlborough should be correctly spelled as Marlborough.
July 12, 2010
E). Resolution #94 To adopt Local Law #5 Amending Chapter 155, Section 155-1 and 155-18(a) Zoning
Supervisor Cerone proposes the following:
WHEREAS, a resolution was duly adopted by the Town Board of the Town of
Marlborough on the twenty fourth day of May, Two Thousand Ten, for a public hearing to be
held by said Town Board on the twenty eighth day of June, 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 #5 To Amend Chapter 155-1 and 155-18 Zoning
WHEREAS, notice of said public hearing was duly advertised in the Southern Ulster
Times, the official newspaper of the Town of Marlborough, and
WHEREAS, said public hearing was duly held on the fourteenth day of June, 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 #5 for the year Two Thousand Ten entitled, Chapter 155-a and 155-18 Zoning 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 -----
Section_1. Section 155-1, Terms defined, of Chapter 155 of the Town Code is amended to reduce the decibel standard in the definition of RECREATION, COMMERCIAL from 75 decibels to 65 decibels.
Section 2. Section 155-18(A) of Chapter 155 of the Town Code is amended to delete subsection (A)(5), and renumber subsection (A)(6) to become (A)(5).
Section 3 . This Local Law shall take effect immediately upon filing with the Secretary of State.