January 9, 2003
The Town Board of the Town of Wallkill held a regular meeting
on January 9, 2003, at 7:30 PM at the Town Hall, 600 Route 211
East, Middletown, NY. Present were Supervisor Ward, Councilman
King, Councilman Valentin and Councilman McLean. Councilman
Depew was late due to scheduling conflicts with the Master Plan
Review meeting. Also present were Spencer McLaughlin, Attorney
for the Town and Louisa Ingrassia, Deputy Town Clerk.
SUPERVISOR
WARD: Read a statement regarding recent events involving Middletown
School District and offered assistance if needed.
MOTION
BY: Mr. Ward to accept minutes of the Dec. 12 and Dec. 27, 2002
meetings.
SECONDED
BY: Mr. King
Supervisor
Ward Voting Aye
Councilman
King Voting Aye
Councilman
Valentin Voting Aye
Councilman
McLean Voting Aye
Councilman
Depew Absent
MOTION
CARRIED
CORRESPONDENCE:
To:
Mr. Patrick J. Hines, McGoey, Hauser & Edsall, Consulting
Engineers for TOW
From:
S.E. Mahamooth, NYSDEC/ Remediation
CC:
J. Ward, Supervisor, Town of Wallkill
Re:
Town of Wallkill Landfill NYSDEC Registry #336017
Request for potable water testing
I
am in receipt of your letter dated, 3 January 2003, and would
like to confirm the following issues raised. You write as follows:
“Please confirm that the samples will be tested for Part 360
routine parameters as well as field measurements typically taken
including pH, temperature, specific conductivity and turbidity.”
Using
the Post Closure Operation and Maintenance manual Town of Wallkill
Landfill as my guide, I would like to request that the measurements
of the drinking water wells of those residences within a ½ mile
radius from the site be carried out for the detection of any
VOCs and semi VOCs and TCLP (Metals) that may be present there-in.
January 9, 2003
My
last letter dated, 19 December 2002, also requested the laboratory
report and analysis for the site itself, scheduled for the year
2002, which was scheduled to have been carried out in, June 2002
as pointed out or in September 2002, with reference to the five
quarter sampling plan. I assume this matter has not escaped your
attention and you will be able to advise me accordingly.
To:
Gary Lake, Chairman, Town of Wallkill Planning Board
From:
John Ward
Re:
Amendments to Chapter 249 of the Wallkill Town Code
As
provided by the Wallkill Town Code Article XIV, §249-49, on behalf
if the Town Board, I am referring to the Town Planning Board four
proposed amendments to Chapter 249 of the Town Code. Two of the
amendments, if enacted, would establish the positions of two alternate
members added to the Planning Board and two alternate members
added to the Zoning Board of Appeals. These members would serve
in the place of voting members of the respective Boards in the
case of conflict of interest or absence from any specific meeting.
The
second set of amendments, likewise affecting the Planning Board
and the Zoning Board of Appeals, would allow the Town Board to
remove from membership of either board any member who misses three
or more board meetings per year.
As
per §249-39, we request that you schedule a public hearing as
soon as possible and render an advisory opinion to the Town Board
as quickly as possible.
Thank
you for your attention to this matter.
(Resolutions
were attached to letter but not read and not voted on)
To:
Supervisor Ward & Town Board members
From:
John Kurachek
Due
to a conflict of interests as well as personal reasons, I hereby
submit my resignation from the Comprehensive Plan Review Committee.
To:
Supervisor Ward
From:
Gary Greenwald
Enclosed
for your review please find a copy of a letter dated December
16, 2002 from Lisa S. Rusk.
To:
Gary Greenwald
Re:
Middletown Thrall Library
January
9, 2003
We
are the attorneys for the Middletown Thrall Library and write
in response to your letter, dated December 6, 2002. Please be
advised that the Library is amenable to attending a meeting between
the representatives and counsel for the Library and the municipalities
affected by the recent expansion referendum and decertification
resolution.
As
you are aware, the Towns of Greenville, Minisink, Mount Hope and
Wawayanda forced the Library Board into a difficult position by
adopting resolutions refusing to levy taxes in accordance with
the October 8, 2002 expansion vote, based upon alleged constitutional
and procedural violations. It is the Library’s position, based
upon advise of counsel, that the constitutional issue raised by
towns is significant in that the expansion of the Library District
was not approved by the voters of the four towns to be annexed.
Notwithstanding the fact that the single vote complied with Chapter
152 of the Laws of 2002, a majority of the voters in the four
towns did not approve the expansion and would, therefore, be forced
to pay taxes for a service for which they did not approve. Although
the legislation authorizing the expansion of the District to include
Wallkill in 2001 was similarly worded, in that case a majority
of the Wallkill voters approved the expansion.
Other
special act library expansion legislation throughout the State
has required a dual vote. For example, Chapter 370 of the Laws
of 2001 authorizing the expansion of the Clifton Park Library,
required separate approval by the voters of each town into which
library service expansion was contemplated. In our opinion litigation
to compel the towns would have been risky and resulted in an uncertain
outcome. Although the underlying facts are distinguishable, in
Greater Poughkeepsie Library District v. Town of Poughkeepsie,
81 NY2d 574 (1993), the special legislation creating the library
district was found unconstitutional by the Court of Appeals six
years after its adoption. In that case the Library District brought
suit against the Town to force it to pay its budget contribution.
The Court found the special legislation unconstitutional in that
it improperly delegated the power to tax.
In
decertifying the results of the vote, the Library Board acted
in the best interests of its current constituents. Decertification
avoided the necessity of costly and lengthy litigation with the
towns, as well as a significant financial shortfall during the
pendency of the litigation, which would certainly affect the operation
of the library. It is our understanding that the tax rates in
Wallkill and Middletown for 2003 will not exceed those in the
previous year. It is also our understanding that the borrowing
privileges of the residents of the Towns of Greenville, Minisink,
Mount Hope and Wawayanda will be terminated in the immediate future.
It
is the Library’s sincere desire to avoid litigation with your
client. Please advise our office of possible dates and times
for a meeting. Evenings are preferable.
To:
John Ward, Supervisor
From:
Darryl Whitehead, Dir. Of Marketing, Galleria at Crystal Run
January
9, 2003
I
wanted to thank you again for the conversation.
Several
times during a calendar year the Galleria at Crystal Run has the
opportunity to coordinate special events. These 1 or 2 day activities
take place in our common area and include the usage of six-foot
tables. These tables are used by sponsor companies that highlight
local businesses in Orange County. Each event can attract up
to 200 participants each utilizing these six foot areas.
Example
events include:
WGNY
Bridal Show
30 sponsors
Orange
County Chamber of Commerce 35 sponsors
New
York State Department of Labor Job Fair 165 sponsors
It’s
our goal to work with the Town of Wallkill in securing the proper
areas within our Mall to utilize space and coordinate these events.
I
would appreciate it if you would review our proposal. Should
you have any questions, or suggestions, please feel free to call.
MOTION
BY: Mr. Ward SECONDED BY: Mr. Valentin
Supervisor
Ward Voting Aye
Councilman
King Voting Aye
Councilman
Valentin Voting Aye
Councilman
McLean Voting Aye
Councilman
Depew Absent
MOTION
CARRIED
To:
Supervisor Ward
From:
Dorothy Hunt- Ingrassia, Town Historian
Enclosed
find copy of 2002 Annual Report which I have forwarded to the
Office of the State Historian, Albany, New York.
When
I return from Florida, I will continue working on the book, History
of the Town of Wallkill. For the last nine months, Gwen Deserto
has helped me with photographing, researching and interviewing.
We had hoped to publish in 2002 but circumstances prevented the
completion. Now we are looking toward 2003. It has been a challenging
undertaking but when completed, it will be very rewarding.
January 9, 2003
It
has been a pleasure to serve as Historian for the past fifteen
years.
Best
wishes for the New Year.
To:
Supervisor Ward
From:
Frances Melder, President & CPO, Orange County United Way
On
behalf of the 160,000 residents served through programs funded
by the Orange County United Way, we would like to extend our appreciation
to you and your staff for the generous contributions.
Because
this is the first workplace campaign that you and your staff have
participated in, we’d like to publicly recognize you at our upcoming
Community Breakfast to be held on January 10th at 8:30
a.m. at the Ramada Inn in Newburgh. Please let us know if you
will be available to attend on this day.
Again,
we thank you and your staff for their generosity.
To:
John Ward, Supervisor
From:
Lawrence M. Knapek, CPA, NYSDOT
The
Municipal Streets and Highway Program (i.e., the “Marchiselli
Program”) provides Local governments with State funds which match
eligible federal aid for Local highway and bridge projects. These
State funds are provided through a reimbursement process requiring
a standard Local Resolution and State Agreement, State Budget
approval and, if the State is administering the work, a municipal
deposit. In instances of Locally administered project phases,
additional NYSDOT certification of eligibility and federal aid
reimbursement by the State Comptroller is made prior to quarterly
Marchiselli payment by the NYS Thruway Authority.
In
the next few weeks, your municipality will receive a Marchiselli
reimbursement check, issued by the Thruway Authority for the project
phase and amount described below. This check represents a pro-rated
state share based upon eligible Federal Participating costs only.
your payment may reflect an offset as a result of an overpayment
on another phase of this project. If so, this will be reflected
below.
PIN:
875594321 Check Amount: $48,306
Phase: C
Location:
BIN 2223350; Bowser Rd over ELRR; T/O Wallkill
Eligible
Federal Participating Costs to Date: $1,261,514
Phase Codes:
Eligible
Marchiselli Share (Cost Match): $ 189,227
D = Design
Current
Marchiselli Reimbursement Cap: $ 232,500
R = Right of way
Prior
Marchiselli Payments to Date (this phase): $ 140,921 C
= Construction
Offset
applied for overpayment of other phase: $ 0
S = Soft Match Credit
January 9, 2002
To:
John F. Ward, Jr., Supervisor
From:
Edward A. Diana, County Executive
This
year the Office of Community Development received grant applications
requesting over $3 million and had only $1.2 million to allocate
for the 2003 Program Year. In an effort to make these limited
dollars go further, the use of Community Development funds for
engineering and administrative costs for construction projects
will continue to prohibited. In addition, if you included funding
from ‘other sources’ in the Project Budget Summary of your application,
this amount will be included in Schedule “A” of your Municipal
Contract. Evidence of expenditure of these funds will be required
prior to final payment on the Community Development Grant.
Now
that the applications have been reviewed and ranked, I am pleased
to inform you that the following project(s) have been included
in our 2003 Application to HUD for Community Development Block
Grant funds:
1.
Silver Lake Neighborhood-Paving/Drainage $50,000.00
Total 2003 Amount $50,000.00
Please
be advised that this is not an award letter. The proposed activities
were the subject of a public hearing in the Legislative Chambers
held on November 7, 2002. Our formal application containing all
municipal projects was submitted to HUD on November 13, 2002.
The Office of Community Development will contact you shortly to
schedule a Project Implementation meeting. The purpose of this
meeting will be to discuss grant regulations and contract requirements.
We anticipate funds will be available march, 2003.
Please
do not commence the activities specified above until you receive
a fully executed written municipal contract with the County.
Any funds spent on program activities listed above prior to execution
of a written FY-2003 municipal contract is not reimbursable.
If you applied for funding on behalf of a sub-recipients, please
inform them of the grant conditions.
Please
be advised that income eligible homeowners in your municipality
will continue to be able to receive low interest loans in 2003
under the Community Development Housing Rehabilitation Program.
According
to our records, homeowners within your municipality have not accessed
loan funds during the 2002 calendar year thus far. Please contact
the Community Development Office for information promoting this
important program in your community.
I
wish you success with your 2003 Community Development Program.
SUPERVISOR WARD: read excerpts from the Department of Veterans
Affairs; CARES Planning Initiatives. Gave out website information:
www.va.gov.visns/visn03
January 9, 2003
SUPERVISOR
WARD: This is a response to Mr. James R. Barnett’s letter written
into the minutes of Nov. 14, 2002, from the Town Board:
On
November 14, 2002, the Town of Wallkill Supervisor read your letter
at the Town Board Meeting asking for a “Temporary Permit” for
outdoor storage of building supplies, raw materials or equipment.
The
Town Board took into consideration the stipulations which were
laid out in your letter. The time period is not to exceed 6 months,
application to Planning Board shall be made upon receipt of Temporary
Permit, Barnett/Tenant shall comply with all Town Codes, all requirements
and stipulations set forth by the Planning Board shall be carried
out in a timely manner, upon the expiration date of this permit,
violation of this permit or rejection from the Planning Board
then Barnett/Tenant shall vacate said premises within 30 days
for official notice from the Town of Wallkill.
The
Town Board of the Town of Wallkill has approved your request for
the Temporary Permit under the guidelines stated in this notice.
Please contact the Planning Department upon receipt of this letter
to start the permit process.
RESOLUTIONS:
WHEREAS,
the Town Board of the Town of Wallkill, in its reorganization
meeting for the year 2003, held on January 2nd, 2003
did set certain schedules for certain employees of the Town; and
WHEREAS,
the salary schedule set for the Clerk to Justice Robert Freehill
was incorrect due to typographical error; now
THEREFORE,
BE IT RESOLVED, that the salary schedule for the Clerk of the
Town of Wallkill Justice Robert Freehill is hereby corrected to
reflect an annual salary of $38,472.
MOTION
BY: Mr. Ward SECONDED BY: Mr. King
Supervisor
Ward Voting Aye
Councilman
King Voting Aye
Councilman
Valentin Voting Aye
Councilman
McLean Voting Aye
Councilman
Depew Absent
MOTION
CARRIED
January 9, 2003
BE
IT HEREBY RESOLVED, by the Town Board of the Town of Wallkill,
that said Town Board hereby authorizes the Town Supervisor to
enter into a contract with BP Vending Service of Middletown, NY,
for the installation and maintenance of contractor’s vending machines
on Town of Wallkill Property in the year 2003 and for a term to
be determined by the Supervisor, as being in the best interests
of the town and its residents.
MOTION
BY: Mr. Ward SECONDED BY: Mr. Valentin
Supervisor
Ward Voting Aye
Councilman
King Voting Aye
Councilman
Valentin Voting Aye
Councilman
McLean Voting Aye
Councilman
Depew Absent
MOTION
CARRIED
COUNCILMAN
DEPEW ARRIVES AT 7:55 PM
WHEREAS,
Town Board wishes to adopt a Local Law amending the Town Code
to further preserve the quality of life for its residents through
the reduction of neighborhood noise as being in the bests interests
of the public health and welfare; and
WHEREAS,
the Town Board of the Town of Wallkill is empowered by the State
to make changes in the Town Code that it determines to be in the
best interests of the public welfare of its citizens; and now
THEREFORE,
BE IT HEREBY RESOLVED, that a public hearing be held by the Town
Board with respect to the adoption of the aforesaid Local Law
at 7:15 PM on February 13, 2003 at Wallkill Town hall, 600 Route
211 East, Middletown, New York; and
FURTHER
RESOLVED that the Town Clerk is hereby authorized and directed
to cause public notice of said hearing to be given as provided
by law.
MOTION
BY: Mr. Ward SECONDED BY: Mr. King
Supervisor
Ward Voting Aye
Councilman
King Voting Aye
Councilman
Valentin Voting Aye
January 9, 2003
Councilman
McLean Voting Aye
Councilman
Depew Voting Aye
MOTION
CARRIED
WHEREAS,
past residential sub-division development in the Town of Wallkill,
whereby a subdivision became a multiple user of the Wallkill Sewer
District, has, in some instances, created a significant breach,
infiltration, and inflow of the receiving trunk line to the detriment
of other users in the District; and
WHEREAS,
the Town Board of the Town of Wallkill wishes to be able to establish
responsibility for said breach, infiltration, and inflow by requiring
new subdivisions to implement a video inspection of the receiving
trunk line under the supervision and auspices of the Town Water
and Sewer Department prior to subdivision hook-up through a local
law amending the Town Code for such purpose; and
WHEREAS,
the Town Board of the Town of Wallkill is empowered by the State
to make changes in the Zoning Code that it determines to be in
the best interests of the public welfare of its citizens; and
WHEREAS,
said amendments to the Zoning Code are listed as Type I Actions
under §617.5 of the State Environmental Quality Review Act (SEQRA);
and
WHEREAS,
in compliance with SEQRA, the Wallkill Town Board wishes to assume
Lead Agency status and set a time and place for a public hearing
for said proposed local law, so that the public may be heard;
now,
THEREFORE,
BE IT RESOLVED that a public hearing be held by the Town Board
with respect to the adoption of the aforesaid Local Law at 7:10
PM on February 13, 2003 at Wallkill Town Hall, 600 Route 211 East,
Middletown, NY; and it is
FURTHER
RESOLVED, that the Town Clerk is hereby authorized and directed
to cause public notice of said hearing to be given as provided
by law.
MOTION
BY: Mr. Ward SECONDED BY: Mr. Valentin
Supervisor
Ward Voting Aye
Councilman
King Voting Aye
Councilman
Valentin Voting Aye
Councilman
McLean Voting Aye
January 9, 2003
Councilman
Depew Voting Aye
MOTION
CARRIED
WHEREAS,
Mr. And Mrs. Nicholas and Carolyn Sawka has applied to the Town
Board of the Town of Wallkill for an Open Development Area to
create a five lot subdivision on Section6 – Block 1 – Lot 24.23
in the Town, which abuts Hubbard Road, a Town road, without sufficient
frontage for individual driveway access; and
WHEREAS,
the Planning Board of the Town of Wallkill has recommended approval
of said application; now
THEREFORE,
BE IT RESOVED that the Town Board of the Town of Wallkill approves
said Open Development Area to allow for said five lot subdivision
by the applicants on the aforesaid parcel, subject to the conditions
imposed by the Planning Board with respect thereto, which shall
be placed on the subdivision map.
MOTION
BY COUNCILMAN DEPEW TO TABLE
WHEREAS,
the Wallkill Water Department customarily reads water meters at
the end of every quarter, and
WHEREAS,
the current snow emergency required the assignment of water department
personnel to duties other than meter reading, and
WHEREAS,
as a result of the above, all the water meters will not be read
at the end of the last quarter of 2002, and
WHEREAS,
the Water Department proposes to send out estimated bills to those
customers whose meters have not been read for the last quarter
of 2002 and to send out reconciled bills to those customers after
their meters are read at the end of the first quarter of 2003,
now
THEREFORE,
after considering the foregoing, the Town Board hereby approves
the procedure proposed by the Water department and authorizes
the issuance of estimated water bills to customers whose meters
were not read at the end of the last quarter of 2002 and the issuance
of reconciled bills after those meters are read at the end of
the first quarter of 2003.
MOTION
BY: Mr. Ward SECONDED BY: Mr. McLean
Supervisor
Ward Voting Aye
Councilman
King Voting Aye
Councilman
Valentin Voting Aye
January 9, 2003
Councilman
McLean Voting Aye
Councilman
Depew Voting Aye
MOTION
CARRIED
COMMITTEE
REPORTS
COUNCILMAN
KING: From the highway department asking residence to please do
not dump snow onto the Town roads. Welcome to new Superintendent
of Highway/ Commissioner of Public Works- John Lippert
COUNCILMAN
VALENTIN: Met with the Town of Wallkill Little League- improvements
are forthcoming; the girls’ field is to be reworked. Thanks to
Highway workers.
COUNCILMAN
McLEAN: Ongoing talks with Town Hall unit; Human Rights meeting-
Jan. 27, 2003. There are two (2) positions open. Will be looking
for new police station and Town hall space. There are two (2)
openings on the committee to address land/building issues for
Town hall.
COUNCILMAN
DEPEW: late due to meeting regarding fourth ward recreation.
Hopes to meet with Mr. Valentin regarding this. Thanked Mr. King
for golf course work. In welcoming Mr. Lippert, he remarked that
“if your do one-half the job Mr. Patenaude did you will be fine.”
COUNCILMAN
COMMENTS
COUNCILMAN
KING: Happy New Year.
COUNCILMAN
VALENTIN: Looks forward to 2003; maybe we should focus on finding
a new Police station.
COUNCILMAN
McLEAN: Many options exist for Town Hall/ Police complex. Spoke
with Bill Fallon- Emergency Management Director- pleased with
his progress so far. Battalion #1 meeting on Jan. 27th
at 7:30 PM. Spoke of problems with parking on streets in Town.
Thanks to B. Norville for Article in paper.
COUNCILMAN
DEPEW: Discussed Save A Grave Foundation- wants to start up a
committee. May 24th, 2003, music at Washington Heights
Park- call with any questions or interest. Meeting with Circleville
Fire Co. regarding purchase of Townley Hall.
Mr.
King adds that he wants to be kept informed of any meetings and
wants to be in attendance regarding this purchase.
January 9, 2003
SUPERVISOR
WARD: Open door meeting on Saturday, January 11, 2003 from 8am
to 12pm. Microphones are now working thanks to Mr. Dockendorf.
A lot of work needs to be completed this year. Chief Hertman is
in Rhode Island attending the swearing in ceremony of Mr. Esserman
(court appointed monitor for the Police Department) as the Chief
of Police in Rhode Island.
MR.
SMITH: thanks to all employees for their work in shoveling hydrants.
Please call if your hydrant is not clear.
MR.
LIPPERT: Thanks the Town for his job and the Town of Wallkill
people for a warm welcome.
PUBLIC
PARTICIPATION
Mike
Cody; discussed Veterans Wall
Mr.
Walker; discussed veterans being exempt from school taxes
Mr.
Sutherland; happy New Year; thanks to highway department; town
hall questions
Mr.
Paduch; county has $810,000 in grant money available; glad that
Gary Lake was appointed to County Planning Board
Mr.
Hermann; questions regarding James Clark Drive
MOTION
BY: Mr. Ward to adjourn at 8:42 PM SECONDED
BY: Mr. King
Supervisor
Ward Voting Aye
Councilman
King Voting Aye
Councilman
Valentin Voting Aye
Councilman
McLean Voting Aye
Councilman
Depew Voting Aye
MOTION
CARRIED
Meeting
Adjourned at 8:42 PM
Jeanne
Gervasi, Town Clerk
