Town Board Meeting 1-8-04 Page 1 of 2

January 8, 2004

The Town Board of the Town of Wallkill held a public hearing at the Town Hall, 600 Route 211 East at 7:05 PM. Board members present were Supervisor Ward, Councilman King, Councilman Valentin, Councilman Mulqueen and Councilman Depew.

SUPERVISOR WARD: Would the Town Clerk please read the notice of public hearing.

TOWN CLERK, LOUISA INGRASSIA: PLEASE TAKE NOTICE, that a public hearing will be held by the Town Board of the Town of Wallkill on January 8, 2004 at 7:05 PM at Wallkill Town Hall regarding the adoption of a Local Law of the Town of Wallkill for the year 2004, which would establish a Drainage District within that parcel to be known as Alexandra Subdivision located on NYS Route 302 within the Town of Wallkill.

Any resident of the Town of Wallkill is entitled to be heard upon said proposed Law at Such public hearing. Copies of said proposed Local Law are available for review at: Wallkill Town Hall, 600 Route 211 East, Middletown, NY 10940

PLEASE TAKE FURTHER NOTICE that the environmental significance of the proposed Local Law, if any, will be reviewed at said public hearing.

By order of the Town Board.

SUPERVISOR WARD: This is a drainage district for Alexandra Subdivision which is located On Route 302 in Circleville. Would anyone from the public like to speak on this drainage district? Any comments from the Town Board?

MOTION BY: Mr. Ward to close the public hearing at 7:10 PM

SECONDED BY: Mr. King

Supervisor Ward -- Voting Aye

Councilman King -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman Mulqueen -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED

The Town Board of the Town of Wallkill held a public hearing at the Town Hall, 600 Route 211 East at 7:10 PM. Board members present were Supervisor Ward, Councilman King, Councilman Valentin, Councilman Mulqueen and Councilman Depew.

SUPERVISOR WARD: Would the Town Clerk please read the notice of the public hearing.

TOWN CLERK, LOUISA INGRASSIA: PLEASE TAKE NOTICE, that a public hearing Will be held by the Town Board of the Town of Wallkill on January 8, 2004 at 7:10 PM at Wallkill Town Hall regarding the adoption of a Local Law of the Town of Wallkill for the year 2004, which would establish a Lighting District within that parcel to be known as Alexandra Subdivision located on NYS Route 302 within the Town of Wallkill.

Any resident of the Town of Wallkill is entitled to be heard upon said proposed Local Law at Such public hearing. Copies of said proposed Local Law are available for review at: Wallkill Town Hall, 600 Route 211 East, Middletown, NY 10940.

PLEASE TAKE FURTHER NOTICE, that the environmental significance of the proposed Local Law, if any, will be reviewed at said public hearing.

By order of the Town Board.

SUPERVISOR WARD: This is the same subdivision, Alexandra Subdivision. This is lighting District off Route 302. Would anyone from the public like to speak on this?

PUBLIC COMMENTS

Mr. Najac doesn't think lighting districts are needed in any of the rural areas.

Mr. Botti, representing the applicant, does not wish to have a lighting district. The issue was raised by the Planning Board.

COUNCILMAN KING: I will continue to vote no on any lighting district in the rural area. I want to keep the rural atmosphere.

MOTION BY: Mr. Ward to close the public hearing at 7:13 PM

SECONDED BY: Mr. Valentin

Supervisor Ward -- Voting Aye

Councilman King -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman Mulqueen -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED

The Town Board of the Town of Wallkill held a public hearing at the Town Hall, 600 Route 211 East at 7:15 PM. Board members present were Supervisor Ward, Councilman King, Councilman Valentin, Councilman Mulqueen and Councilman Depew.

SUPERVISOR WARD: Would the Town Clerk please read the notice of the public hearing.

TOWN CLERK, LOUISA INGRASSIA: PLEASE TAKE NOTICE, that a public hearing Will be held by the Town Board of the Town of Wallkill on January 8, 2004 at 7:15 PM at Wallkill Town Hall regarding the adoption of a Local Law of the Town of Wallkill for the year 2004, which would amend the Town Code of the Town of Wallkill to provide for dust control at raceways within the Town of Wallkill.

PLEASE TAKE FURTHER NOTICE that the environmental significance of the proposed Local Law, if any, will be reviewed at said public hearing.

By Order of the Town Board.

SUPERVISOR WARD: We have two changes to the proposed law. One is Paragraph 180-3 To allow for a warning on the first occurrence before a fine. The second change is Paragraph 180-4 for three violations during a calendar year. Are there any comments from the Town Board?

COUNCILMAN VALENTIN: I just want the public to understand that in no way does this Town Board have any plans on closing the raceway.

COUNCILMAN KING: The racetrack has been a business and tradition in this town for Nearly 80 years bringing a substantial amount of money into the town. It's good for local Businesses. People moving into the area should have realized what they were getting into when they bought in that area. We should have spoken to the people who are responsible for the maintenance of the track. Dirt and dust are part of the fair and racing. I would like to see some of the conditions at the track improved.

COUNCILMAN DEPEW: I don't think it was the intention of the Supervisor to shut down Racing. Everybody who races there takes pride in that track. I think we're all here because we Want to see the racetrack stay open, but we want to improve. I'd like to keep this public Hearing open before we make any decisions. I move that the Town Board meet with members Of dirt racing and the community to come up with the best way in keeping that track clean.

COUNCILMAN MULQUEEN: Thank you all for coming. I could say that I had nothing To do with this. This is my first meeting, however, I do represent the third ward. I have heard Many complaints none of them relating to dust. Racing is something we should cherish, promote And applaud. I am interested in hearing what you have to say.

COUNCILMAN VALENTIN: My concern is with the way the present law is written with No concrete definition on dust. I don't like the term where after a certain number of violations, We can close the track down. We need to go back and better define the concerns.

SUPERVISOR WARD: The intent of the law was not presented to shut down the raceway.

PUBLIC COMMENTS

M. Sanchelli, in opposition, would like Board to defeat legislation. He explained long and short Term plans for the fairgrounds which will be environmentally friendly and a good neighbor for Citizens and businesses. He asked Board to reconsider and if not defeated, sit down and come up With a solution to solve concerns.

M. Gurda, resident, officer and director of Orange County Agricultural Society opposed law Stating it would be impossible and explained about track preparations and conditions. Also Explained race season provides jobs and retail stores benefit as well as residents. He stated by Passing law two events will be ending and explained about dust and dirt in other areas of the Town.

J. Torrisi opposed law and informed Board of intention to address concerns Town has and Resolve differences.

J. Chadwick, manager of speedway, asked to go over track maintenance with Board.

C. Gurda, resident and attorney for Orange County Agricultural Society explained four major Concerns stating law as written will end racing resulting in a lawsuit.

M. Donnelly, attorney, pleading case of Orange County Agricultural Society explained without Racing, there will be no Orange County Fair or Agricultural Society. He pointed out realities for Consideration indicating the racetrack cannot comply with proposed law. He explained what Will be put into motion if law is adopted. He asked that the law be abandoned.

D. Elliott stated he is totally against the law which he feels is wrong, and the Town Board should Get rid of it.

N. Guenste stated the law is ludicrous. She discussed the zoning of the fairgrounds and dust Problems in other areas.

P. Kessler, track historian, discussed the history of the track indicating it is a personal landmark.

The owner of Frankie's Sausage Bar asked that the Board reconsider and work something out.

S. Phelps asked that the law be tabled and the Board sit down and discuss the problems, as it is An asset to the community.

T. Evenegle talked about the history of the speedway.

COUNCILMAN VALENTIN: We haven't heard anyone for this law. I would like to do away With it.

COUNCILMAN KING: I make a motion we vote on it right now.

E. Allen read a letter from Country Chevrolet in Warwick.

MOTION BY: Mr. Ward to close the public hearing at 8:05 PM.

SECONDED BY: Mr. King

Supervisor Ward -- Voting Aye

Councilman King -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman Mulqueen -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED

MOTION BY: Supervisor Ward to enact the law amending the Zoning Code of the Town of Wallkill concerning dust at the racetrack as it is written.

SECONDED BY: Councilman Depew

COUNCILMAN DEPEW: I am not in favor of this law. This law is not going to achieve our Goals, but we still have goals to achieve. The racetrack is important to everybody and is not safe If not taken care of properly.

Supervisor Ward -- Voting No

Councilman King -- Voting No

Councilman Valentin -- Voting No

Councilman Mulqueen -- Voting No

Councilman Depew -- Voting No

MOTION FAILED

The Town Board of the Town of Wallkill held a public hearing at the Town Hall, 600 Route 211 East at 8:15 PM. Board members present were Supervisor Ward, Councilman King, Councilman Valentin, Councilman Mulqueen and Councilman Depew.

SUPERVISOR WARD: Would the Town Clerk please read the notice of the public hearing.

TOWN CLERK, LOUISA INGRASSIA: PLEASE TAKE NOTICE, that a public hearing will Be held by the Town Board of the Town of Wallkill on January 8, 2004 at 7:20 PM at Wallkill Town Hall regarding the adoption of a Local Law of the Town of Wallkill for the year 2004, Which would change the zoning designation of a parcel of property on Stony Ford Road (Section 61 - Block 1 - Lot 39.22 in the Town of Wallkill from MI (Manufacturing Industrial District) to RA (Rural Agricultural District).

Any resident of the Town of Wallkill is entitled to be herd upon said proposed Local Law at Such public hearing. Copies of said proposed Local Law are available for review at: Wallkill Town Hall, 600 Route 211 East, Middletown, NY 10940

PLEASE TAKE FURTHER NOTICE that the environmental significance of the proposed Local Law will be reviewed at said public hearing.

By order of the Town Board

SUPERVISOR WARD: This is a section of Stony Ford Road, and the request is to change it From the existing MI to RA. Are there any comments from the public?

N. Zeffiro, representing her mother who has owned the lot for 38 years, want to build a one- Family house.

MOTION BY: Mr. Ward to close the public hearing at 8:23 PM

SECONDED BY: Mr. Valentin

Supervisor Ward -- Voting Aye

Councilman King -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman Mulqueen -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED

The Town Board of the Town of Wallkill held a public hearing at the Town Hall, 600 Route 211 East at 8:23 PM. Board members present were Supervisor Ward, Councilman King, Councilman Valentin, Councilman Mulqueen and Councilman Depew.

SUPERVISOR WARD: Would the Town Clerk please read the notice of the public hearing.

TOWN CLERK, LOUISA INGRASSIA: PLEASE TAKE NOTICE that a public hearing will Be held by the Town Board of the Town of Wallkill on January 8, 2004 at 7:25 PM at Wallkill Town Hall regarding the adoption of a Local Law of the Town of Wallkill for the year 2004, Which would change the zoning designation of two parcels of property on Marie Lane (Section 81 - Block 2 - Lot 1.1 and Section 81 - Block 2 - Lot 1.2) in the Town of Wallkill from MI (Manufacturing Industrial District) to R-2 (Suburban Residential District).

PLEASE TAKE FURTHER NOTICE that the environmental significance of the proposed Local Law will be reviewed at said public hearing.

By order of the Town Board

SUPERVISOR WARD: This is a piece of property located on Silverlake Scotchtown Road And Marie Lane. They want to change it to R2 for residential homes. Are there any comments From the public?

D. Yanosh, Surveyor, explained this is a spot zone they would like to subdivide and make it Like the rest of the neighborhood.

COUNCILMAN VALENTIN: The area is crowded, and I would like to see it kept within 3/4 of an acre with more space.

MOTION BY: Mr. Ward to close the public hearing at 8:27 PM

SECONDED BY: Mr. Depew

COUNCILMAN KING: I don't mind seeing a zone change in that area.

Supervisor Ward -- Voting Aye

Councilman King -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman Mulqueen -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED

The Town Board of the Town of Wallkill held a regular meeting on January 8, 2004 at 8:30 PM at the Town Hall, 600 Route 211 East, Middletown, NY. Present were Supervisor Ward, Councilman King, Councilman Valentin, Councilman Mulqueen and Councilman Depew. Also present were Ed Smith, Superintendent of Water & Sewer, Robert Hertman, Chief of Police, John Lippert, Superintendent of Public Works, S. McLaughlin, Attorney for the Town and Louisa Ingrassia, Town Clerk.

The meeting was opened with the Pledge of Allegiance.

MOTION BY: Mr. Ward to accept the Town Board minutes of November 24, 2003, November 13, 2003 And October 23, 2003.

SECONDED BY: Mr. Depew

Supervisor Ward -- Voting Aye

Councilman King -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman Mulqueen -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED

CORRESPONDENCE

To: Supervisor Ward
From: Humane Society of Middletown

Enclosed please find the new contract for the year 2004. The new contract has remained Basically unchanged. If you have any questions, or would like to add anything new to your Contract; please do not hesitate to contact me at the above number.

I am enclosing two (2) signed contracts. Please sign one and return it to us as soon as possible. Here's hoping to another mutually beneficial year. Thank you.

SUPERVISOR WARD: I will be signing that this week.

To: Town of Wallkill Police Dept.
From: Louis & Ilene Hauburger

On Monday, December 15th, our son William was involved in a car accident while leaving the Galleria. The driver of the vehicle, which hit our son's car, was quite agitated and started yelling At him. Naturally he was upset to begin with, William dialed 911 and two Town of Wallkill Police officers arrived at the scene.

Officer Weissman was one of the officers who helped William at the accident. We didn't get the Name of the other officer but both men were extremely helpful, kind, and courteous. We just Want to say thank you. So often, police get a bad reputation, our situation was nothing but Professional.

As I'm sure you are aware, any situation that needs the police to be called upon is bad but when It's your child that's involved it becomes twice as difficult. Once again thank you for all you did.

SUPERVISOR WARD: We will pass that on to Officer Weissman and the other officer.

To: Supervisor Ward
From: New York State Department of Environmental Conservation

Greetings! The New York State Department of Environmental Conservation and the New York Water Environment Association are sponsoring a poster contest open to all Middletown School and High School students. The theme of the contest is "The Importance of Wastewater Treatment". The deadline for submitting posters is May 14, 2004. For more information visit DEC's website At: www.dec.state.ny.us/website/dow/bwcp/postercon.html or visit NYWEA's site at www.nywea.org.

You may be receiving inquiries from local schools concerning your treatment plant or wastewater Treatment in general. We ask that you get involved and call your local Middle School and High School. Encourage the science classes to learn more about wastewater treatment by inviting Them to your plant for a tour.

In the past 30 years, wastewater treatment plants have made a tremendous impact on water Quality in New York State. The poster contest could be an excellent tool for teaching about Water issues and environmental protection.

Please feel free to share this letter and flyer with fellow operators. The deadline for submitting Posters is May 14, 2004. If you have questions about the contest call Robin Yasinsac at (518) 402-8183 or jbbrilli@gw.dec.state.ny.us.

We are looking forward to receiving posters from your area. Thanks for your commitment to Clean water in New York State!

SUPERVISOR WARD: I would ask Mr. Smith to get a hold of the schools to see if we can Start a program.

RESOLUTIONS

WHEREAS, there are 14 single family residences on Bert Crawford Road all within the Town of Wallkill Sewer District which said homes are not presently served, and

WHEREAS, the Town Board proposes to provide sewer service to the 14 homes and to Appropriate the necessary funds from the surplus monies contained in the Wallkill Sewer District,

NOW, THEREFORE, BE IT RESOLVED as follows:

1. That the Town Board does hereby authorize a project on Bert Crawford Road to provide Sewer service to 14 single family homes within the sewer district which homes are not presently Served which project shall include running a sewer main on Bert Crawford Road with laterals To the respective property lines with stubs or where appropriate running laterals from the Masonic Creek Interceptor to the rear property lines of the single family homes together with securing such Easements as may be necessary for the laterals from Masonic Creek Interceptor.

2. That the Town Board does hereby authorize the Superintendent of Water and Sewer to engage The engineering firm of Eustance & Horowitz, P.C. to prepare the necessary plans and Specifications, to secure the necessary construction easements and to proceed to bid.

3. That the Town Board does hereby appropriate the sum of $170,000.00 from the surplus Monies in the Wallkill Sewer District.

COUNCILMAN DEPEW: Explained 14 single family homes in the water and sewer district Have been paying the district benefit fee but do not have the water and sewer services. He Questioned running the laterals.

Mr. Smith will look at it from an engineering standpoint.

COUNCILMAN VALENTIN: Stated one house is affected currently, but potential builders Can benefit from the project.

Mr. Smith state benefit will be minimal.

COUNCILMAN KING questioned people in the sewer district who are paying and are not Hooked up.

MOTION BY: Mr. Ward

SECONDED BY: Mr. Depew

Supervisor Ward -- Voting Aye

Councilman King -- Voting Aye

Councilman Valentin -- Voting No

Councilman Mulqueen -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED

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