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  • Alexis Maybank v. Jerome Mccluskey Matrimonial - Contested document preview
  • Alexis Maybank v. Jerome Mccluskey Matrimonial - Contested document preview
  • Alexis Maybank v. Jerome Mccluskey Matrimonial - Contested document preview
  • Alexis Maybank v. Jerome Mccluskey Matrimonial - Contested document preview
  • Alexis Maybank v. Jerome Mccluskey Matrimonial - Contested document preview
  • Alexis Maybank v. Jerome Mccluskey Matrimonial - Contested document preview
  • Alexis Maybank v. Jerome Mccluskey Matrimonial - Contested document preview
  • Alexis Maybank v. Jerome Mccluskey Matrimonial - Contested document preview
						
                                

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FILED: ULSTER COUNTY CLERK 11/30/2020 04:09 PM INDEX NO. EF2020-1019 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 11/30/2020 Town Board Regular Meeting Tuesday, March 3, 2020 This regular meeting was held at the Rondout Municipal Center and began at 7:00pm CALL TO ORDER Supervisor Parete called the meeting to order at 7:00pm and Councilman LaFera lead the Pledge of Allegiance. ROLL CALL Town Clerk Moody took roll call: Supervisor Parete – Present Councilwoman Foote – Present Councilman LaFera – Present Councilwoman Sprachman – Present Councilman Stewart – Absent Also, Present: Heather Moody; Town Clerk/Tax Collector, Tracy Kellogg, Attorney; Danielle Adams; Blue Stone Press and Max Freebern; Shawnagunk Journal MEETING MINUTES: Councilwoman Foote made a motion, seconded by Councilwoman Sprachman to approve the meeting minutes from 2/18/2020. 4-0 Aye, 1 absent motion carried. PUBLIC COMMENTS: John Cirone – Local resident, who is also a volunteer fire fighter, and is inquiring about the number of transfer station punch cards the town will be handing out to the fire companies this year. Mr. Cirone would like 3 instead of 2. Supervisor Parete will look into this and the number of permits to the volunteers. Claire Fleming – Resident who provided a copy of the Equity in Athletics Disclosure Act Completion Certificate for Ulster County Community College to the town board which points out that the college is in compliance. Laura Cunningham – Resident who would like to know the benefits from signing up with a particular solar program which would then give $50.00 towards a new bike trail from Rt. 209 to the college. Supervisor Parete said this is an ongoing project and would still need to go through the planning board for approval. RESOLUTION #26-2020; INCREASE IN HIGH FALLS WATER DISTRICT RATES The following Resolution was offered by Councilman LaFera, seconded by Councilwoman Sprachman: WHEREAS, the Town of Rosendale and the Town of Marbletown held a joint Public Hearing on Wednesday February 12, 2020 regarding a rate increase for the High Falls Water District; and effective the second quarter of 2020. WHEREAS, it was determined that the rates be increased as follows: 1 FILED: ULSTER COUNTY CLERK 11/30/2020 04:09 PM INDEX NO. EF2020-1019 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 11/30/2020 From: $60.00 for five thousand (5,000) gallons per quarter To: $75.00 for five thousand (5,000) gallons per quarter From: $8.00 per thousand (1,000) over five thousand (5,000) gallons per quarter To: $ 12.00 per thousand (1,000)over five thousand (5,000) gallons per quarter NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Marbletown hereby authorizes the above increases; and BE IT FURTHER RESOLVED that this resolution is contingent upon a like resolution being passed by the Town Board of the Town of Rosendale. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call which resulted as follows: Councilman Stewart Voting Absent Councilman Lafera Voting Aye Councilwoman Foote Voting Aye Councilwoman Sprachman Voting Aye Supervisor Parete Voting Aye 4-0; 1 absent; Resolution #26-2020 was thereupon adopted. RESOLUTION # 27-2020; TO ADD “SUE PATERSON WAY” TO THE NAME OF THAT STREET IN HIGH FALLS NOW KNOWN AS “SECOND STREET” The following Resolution was offered by Councilwoman Sprachman, seconded by Councilwoman Foote: WHEREAS, Suzanne “Sue” Paterson was a beloved icon of the Hamlet of High Falls based on her always ready smile positive energy, and love of animals; and WHEREAS, Sue Paterson operated the Barking Dog “Tail Wagging Antiques” Store on Second Street, High Falls, from 1982 until her death in October 2019. Her eclectic collection of findings and offerings brought many people to seek out the famous “Barking Dog” in High Falls; and WHEREAS, Sue’s kindness, friendliness, and helpful nature to all visitors and shoppers created a large follow- ing of visitors who became loyal friends of Sue and Daisy, her Barking Dog; and WHEREAS, Sue Paterson started the High Falls Pet Show in 1988 and managed it faithfully for 30 years, an annual event held each May in the Community Church parking lot, High Falls; and WHEREAS: Sue Paterson was a loyal and hardworking member of the High Falls Civic Association and the High Falls Conservancy, and the Lions Club. WHEREAS, Sue Paterson was an energetic, happy, and eager participant in all matters relating to the wellbe- ing of High Falls. In particular, she single-handily gathered 12 bags of refuse on the Central Hudson property at the age of 91, which resulted in Central Hudson’s agreement to control refuse and garbage left on its property by visitors. NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Marbletown hereby author- izes the addition of “Sue Paterson Way” to all signage regarding Second Street, High Falls, and shall order such additional street signs to be attached to all signs regarding Second Street, High Falls. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call which resulted as follows: Councilman Stewart Voting Absent Councilman Lafera Voting Aye Councilwoman Foote Voting Aye Councilwoman Sprachman Voting Aye Supervisor Parete Voting Aye 4-0; 1 absent; Resolution #27-2020 was thereupon adopted. • Councilman LaFera suggested putting together a policy going forward with these types of request. 2 FILED: ULSTER COUNTY CLERK 11/30/2020 04:09 PM INDEX NO. EF2020-1019 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 11/30/2020 RESOLUTION #28-2020; APPOINTMENT TO ENVIRONMENTAL CONSERVATION COMMIS- SION The following Resolution was offered by Councilwoman Sprachman, seconded by Councilwoman Foote: WHEREAS, Alan Newman has indicated a desire to be appointed to the Marbletown Environmental Conserva- tion Commission, and WHEREAS, the Environmental Conservation Commission (ECC) has met and recommends Alan Newman be reappointed to the ECC, and NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Marbletown appoint Alan Newman to the Environmental Conservation Commission for a term to expire on 12/31/2022. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call which resulted as follows: Councilman Stewart Voting Absent Councilman Lafera Voting Aye Councilwoman Foote Voting Aye Councilwoman Sprachman Voting Aye Supervisor Parete Voting Aye 4-0; 1 absent; Resolution #28-2020 was thereupon adopted. RESOLUTION #29-2020: TO AUTHORIZE THE SUPERVISOR TO SIGN HARDENBURGH HILLS ROAD TAKEOVER The following Resolution was offered by Councilman LaFera, seconded by Councilwoman Foote: WHEREAS, the owners of Hardenburgh Hills II subdivision have received conditional approval from the Town of Marbletown Planning Board: and WHEREAS, the proposed subdivision includes the construction of a road and other improvements; and WHEREAS, the Town of Marbletown engineer and the Town of Marbletown Highway Superintendent have inspected the road construction; and WHEREAS, the Subdivider’s engineer has submitted Road and Construction estimates in anticipation of bond- ing; and WHEREAS, the Subdivider has expressed their intent to offer the Road and Improvements to the Town of Mar- bletown; and WHEREAS, the Town Highway Superintendent has reviewed the offer and determined that his department has adequate staff and equipment to maintain the Road and Improvements in the future, and WHEREAS, the applicant is complying with the Town of Marbletown Subdivision Regulations; and WHEREAS, the submissions are accordance with subsection 9 of Section 277 and subsection 4 of Section 279 of Town Law; and WHEREAS, the Town Board of the Town of Marbletown has determined that upon completion and approval by the Town of Marbletown Engineer of the Road Construction and Final Subdivision approval that the Town shall accept the road NOW THEREFORE BE IT RESOLVED, by the Town Board of the Town of Marbletown authorizes the Town Supervisor to sign the Offer of Cessation Agreement and the Subdivision Improvement District, and BE IT FURTHER RESOLVED, by the Town Board of the Town of Marbletown authorizes the Town Supervi- sor to take necessary steps to formally accept dedication of the Hardenburgh Hills road and require a road bond to be approved by the town. 3 FILED: ULSTER COUNTY CLERK 11/30/2020 04:09 PM INDEX NO. EF2020-1019 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 11/30/2020 The question of the adoption of the foregoing Resolution was duly put to a vote on roll call which resulted as follows: Councilman Stewart Voting Absent Councilman Lafera Voting Aye Councilwoman Foote Voting Aye Councilwoman Sprachman Voting Aye Supervisor Parete Voting Aye 4-0; 1 absent; Resolution #29-2020 was thereupon adopted. • A motion made by Councilman LaFera and seconded by Councilwoman Foote to amend resolution #29 to include “and require a road bond to be approve by the town”. 4-0; 1 absent; motion passed. RESOLUTION #30-2020; RESOLUTION TO AUTHORIZE SUPERVISOR TO ENTER INTO AN AGREEMENT WITH WESTON & SAMPSON PE, LS, LA, PC FOR PROFESSIONAL SERVICES. The following Resolution was offered by Councilwoman Sprachman, seconded by Councilwoman Foote: WHEREAS, the Town of Marbletown houses its municipal offices at the Rondout Municipal Center at 1925 Lucas Avenue, Cottekill, New York, and WHEREAS, the Rondout Municipal Center is also home to the Town of Rosendale municipal offices (shared services), and WHEREAS, the Rondout Municipal Center is an important asset to both communities and serves as an Emer- gency Management Headquarters in the event of an emergency, and the building will benefit from emergency stand-by power which it currently lacks, and WHEREAS, Weston & Sampson PE, LS, LA, PC has been providing professional engineering services to the Town of Rosendale for the design of emergency power facilities utilizing funding from the Governor’s Office of Storm Recovery, which will benefit Marbletown as a co-habitant of the Rondout Municipal Center, and WHEREAS, the Town of Marbletown is requested to share in the cost of designing the emergency power im- provements, as a beneficiary of the improvement to the Rondout Municipal Center, and NOW, THEREFORE BE IT RESOLVED that the Marbletown Town Board authorizes the Supervisor to en- ter into an agreement with Weston & Sampson PE, LS, LA, PC for its share of the professional services fees for the design, bidding and construction of the emergency power improvement, and BE IT FURTHER RESOLVED that this resolution shall become effective upon its passage by both the Town Board of Rosendale and the Town Board of Marbletown. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call which resulted as follows: Councilman Stewart Voting Absent Councilman Lafera Voting Aye Councilwoman Foote Voting Aye Councilwoman Sprachman Voting Aye Supervisor Parete Voting Aye 4-0; 1 absent; Resolution #30-2020 was thereupon adopted. RESOLUTION #31-2020; REQUEST NYS DOT FOR NO PARKING AREA The following Resolution was offered by Councilman LaFera, seconded by Councilwoman Foote: WHEREAS, residents of Marbletown have asked the Town Board to seek solutions to the parking issue on Route 213 East, and WHEREAS, the portion of Route 213 East that currently allows parking is narrow, and WHEREAS, many residents walk along the edge of the road, with little or no shoulder, and 4 FILED: ULSTER COUNTY CLERK 11/30/2020 04:09 PM INDEX NO. EF2020-1019 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 11/30/2020 NOW THEREFORE BE RESOLVED, that the Marbletown Town Board request the NYS DOT to consider and implement the following changes: No parking from 1314 State Route 213 East to Central Hudson parking area on State 213 East on the North side of 213. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call which resulted as follows: Councilman Stewart Voting Absent Councilman Lafera Voting Aye Councilwoman Foote Voting Aye Councilwoman Sprachman Voting Aye Supervisor Parete Voting Aye 4-0; 1 absent; Resolution #31-2020 was thereupon adopted. RESOLUTION #32-2020; REQUEST NYS DOT FOR SPEED SIGNS The following Resolution was offered by Councilman LaFera, seconded by Councilwoman Sprachman: WHEREAS, Marbletown purchased blinking speed signs for State Route 213 East in High Falls, and WHEREAS, New York State DOT has restrictions on how long the signs can operate, and NOW THEREFORE BE IT RESOLVED that the Marbletown Town Board request the NYS DOT to allow speed signs to be operational April 15th to November 15th from Friday till Sunday at 5PM. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call which resulted as follows: Councilman Stewart Voting Absent Councilman Lafera Voting Aye Councilwoman Foote Voting Aye Councilwoman Sprachman Voting Aye Supervisor Parete Voting Aye 4-0; 1 absent; Resolution #32-2020 was thereupon adopted. RESOLUTION #33 -2020; TRANSFER STATION RATES The following Resolution was offered by Councilman LaFera, seconded by Councilwoman Sprachman: WHEREAS, the Town of Marbletown Transfer Station annual permit is valid from April 1, to March 31st , and NOW, THEREFORE, IT IS RESOLVED that the Town Board of the Town of Marbletown approves the fol- lowing transfer station permit fees from April 1, 2020 to March 31, 2021. Permit $45.00 Additional permit $20.00 Senior (62 or older) $25.00 Additional (62 or older) $20.00 One day permits will remain $10.00 The question of the adoption of the foregoing Resolution was duly put to a vote on roll call which resulted as follows: Councilman Stewart Voting Absent Councilman Lafera Voting Aye Councilwoman Foote Voting Aye Councilwoman Sprachman Voting Aye Supervisor Parete Voting Aye 4-0; 1 absent; Resolution #33-2020 was thereupon adopted. 5 FILED: ULSTER COUNTY CLERK 11/30/2020 04:09 PM INDEX NO. EF2020-1019 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 11/30/2020 RESOLUTION #34-2020; SPECIAL PROSECUTOR The following Resolution was offered by Councilwoman Sprachman seconded by Councilwoman Foote: WHEREAS, the Town is in need of a Special Prosecutor for services for ongoing activities; and WHEREAS, the Town wishes to retain Kevin Barry, Esq. as a Special Prosecutor; and NOW, THEREFORE BE IT RESOLVED, to request that the District Attorney confirm the appointment of Kevin Barry, Esq. as Special Prosecutor for the town of Marbletown, and BE IT FURTHER RESOLVED that town board authorizes the town Supervisor to sign the Retainer Agreement with Kevin Barry, Attorney at Law upon his appointment by the Ulster County District Attorney. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call which resulted as follows: Councilman Stewart Voting Absent Councilman Lafera Voting Aye Councilwoman Foote Voting Aye Councilwoman Sprachman Voting Aye Supervisor Parete Voting Aye 4-0; 1 absent; Resolution #34-2020 was thereupon adopted. • A motion made by Councilwoman Sprachman and seconded by Councilwoman Foote to amend resolution #34 to include “upon his appointment by the Ulster County District Attorney”. 4-0; 1 absent; motion passed. CORROSION INTEGRITY- HIGH FALLS WATER: • A motion was made by Councilman LaFera and seconded by Councilwoman Sprachman to approve and sign the proposal to evaluate the condition of our Cathodic Protection systems on our two tanks. OTHER TOWN BUSINESS: • Supervisor Parete said that the town will be submitting the sidewalk grant. A motion was made by Councilwoman Foote and seconded by Councilman LaFera to submit the final sidewalk grant. 4-0; 1 absent; motion passed. EXECUTIVE SESSION: • At 7:52pm Supervisor Parete made a motion to open an executive session, seconded by Councilman LaFera. The Town Board motions to enter into executive session for the purpose of o Discussion of matters regarding proposed litigation. • No votes were taken during executive session. • At 9:15pm Supervisor Parete made a motion to close the executive session and reconvene the meeting with no action taking nor monies expended, seconded by Councilwoman Foote. 4-0; 1 absent; motion passed. Motion to adjourn: There being no further discussion Supervisor Parete made the motion to adjourn the meeting, seconded by Councilman LaFera; 4-0; 1 absent; motion passed. The meeting adjourned at 9:20pm. Respectfully submitted, Heather Moody Town Clerk/Tax Collector 6 FILED: ULSTER COUNTY CLERK 11/30/2020 04:09 PM INDEX NO. EF2020-1019 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 11/30/2020 7