February 13, 2003
The Town Board of the Town of Wallkill held a public hearing
on Thursday, February 13, 2003 at 7:10 PM at Town Hall, 600
Route 211 East, Middletown. Board members present were Supervisor
Ward, Councilman King, Councilman Valentin, Councilman McLean
and Councilman Depew. Also present were Spencer McLaughlin,
Attorney for the Town and Louisa Ingrassia, Deputy Town Clerk.
SUPERVISOR
WARD: would the Deputy Town Clerk please read the public hearing
notice?
L.
INGRASSIA: PLEASE TAKE NOTICE that the Town Board of the Town
of Wallkill will hold a public hearing on a proposed local law
entitled “A Local Law Amending Chapter 194 of the Code of the
Town of Wallkill” on the 13th day of February, 2003,
at 7:10 PM at Town Hall, 600 Route 211 East, Middletown, New
York.
The
proposed local law amends Chapter 194 of the Code of the Town
of Wallkill by adding a new section expressing the intention
of the Town to deny sanitary sewer pipe connections to an existing
public sewer until a video inspection of similar electronic
inspection has been reviewed and approved. The local law sets
forth the process to be followed in the inspection and review
by the Superintendent of Water and Sewer or the Town Engineer.
The proposed local law states that this requirement cannot be
satisfied by the posting of performance security and that all
costs in connection with the electronic investigation be borne
by the person seeking to connect the new sanitary sewer line.
A
copy of the proposed local law is on file in the office of the
Town Clerk and available for inspection by interested persons
during Town Clerk’s business hours.
The
Town Board will at the above date, time and place hear all persons
interested in the subject matter hereof. Persons may appear
in person or by agent. All written communications addressed
to the Board must be received by the board at or prior to the
public hearing.
By
Order of the Town Board Town of Wallkill,
Jeanne
Gervasi, Town Clerk
SUPERVISOR
WARD: any comments? Being that there is no one hear from the
public are there any comments from the Board?
COUNCILMAN
KING: Who will pay the expenses for this?
SUPERVISOR
WARD: the developer
COUNCILMAN
KING: This is long overdue; the developer should be responsible
for connections.
COUNCILMAN
McLEAN: Someone should be there while it is backfilled.
SUPERVISOR
WARD: that is already being done.
February 13, 2003
MOTION
BY Mr. Ward to close public hearing at 7:21 PM
SECONDED
BY: Mr. King
Mr.
Ward Voting Aye
Mr.
Valentin Voting No
Mr.
McLean Voting Aye
Mr.
King Voting Aye
Mr.
Depew Voting Aye
MOTION
CARRIED.
The Town Board of the Town of Wallkill held a public hearing on
Thursday, February 13, 2003 at 7:21 PM at Town Hall, 600 Route
211 East, Middletown. Board members present were Supervisor Ward,
Councilman King, Councilman Valentin, Councilman McLean and Councilman
Depew. Also present were Spencer McLaughlin, Attorney for the
Town and Louisa Ingrassia, Deputy Town Clerk.
SUPERVISOR
WARD: would the Deputy Town Clerk please read the public hearing
notice?
L.
INGRASSIA: PLEASE TAKE NOTICE that a public hearing will be held
by the Town Board of the Town of Wallkill on February 13, 2003,
at 7:15 PM at the Wallkill town Hall regarding the adoption of
a Local Law of the Town of Wallkill for the year 2003, which would
amend the Town Code of the Town of Wallkill to revise the Town’s
Noise Ordinance further restricting the operation of machinery
to certain times and increase fines thereon.
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 of the Town of Wallkill, dated January
9, 2003.
SUPERVISOR
WARD: There are going to be changes to the existing law; add section
for certain machinery restriction besides car; maximum fine of
$1,000.00 not $250.00. Any comments?
COUNCILMAN
KING: definition of ‘certain machinery’
February 13, 2003
MR.
McLAUGHLIN: definitions of machinery will be done along with the
farm equipment being exempt.
SUPERVISOR
WARD: there is an issue with machinery because of the golf course
and highway equipment use and the hours of use.
COUNCILMAN
KING: local law needs some fine tuning before he will be ready
to vote on it.
SUPERVISOR
WARD: we will leave the public hearing open for the next meeting
to continue the discussion.
PUBLIC
HEARING OPEN FOR FURTHER DISCUSSION
The Town Board of the Town of Wallkill held a regular meeting
on Thursday, February 13, 2003, at 7:30 PM at Town Hall, 600 Route
211 East. Board members present were Supervisor Ward, Councilman
King, Councilman Valentin, Councilman McLean and Councilman Depew.
Also present were Spencer McLaughlin, Attorney for the Town, Edward
Smith, Superintendent of Water & Sewer, John Lippert, Commissioner
of Public Works, Robert Hertman, Chief of Police and Louisa Ingrassia,
Deputy Town Clerk.
SUPERVISOR
WARD: Good evening ladies and gentlemen. We will open this evenings
meeting with the Pledge of Allegiance led by Mr. Valentin.
MOTION
BY: Mr. Ward to accept the minutes of the January 23, 2003 Board
meeting.
SECONDED
BY: Mr. McLean
Mr.
Ward Voting Aye
Mr.
Valentin Voting Aye
Mr.
McLean Voting Aye
Mr.
King Voting Aye
Mr.
Depew Voting Aye
MOTION
CARRIED.
February 13, 2003
CORRESPONDENCE:
To:
Mr. Ward, Supervisor
From:
Harold Fried, Athletic Director, Pine Bush Central School
I
would like to request permission for our golf team to use the
Town of Wallkill Golf Course for the 2003 Spring season as we
have in the past.
Please
let me know at your earliest convenience.
Thank
you for your consideration and cooperation.
MOTION
BY: Mr. Ward SECONDED BY: Mr. Depew
Mr.
Ward Voting Aye
Mr.
Valentin Voting Aye
Mr.
McLean Voting Aye
Mr.
King Voting Aye
Mr.
Depew Voting Aye
MOTION
CARRIED.
To:
Town Board
From:
Richard Evans, Golf Course Superintendent
Recently,
we have purchased a new 2002 Toro Groundsmaster 3500-D Mower to
replace our two 1991 National 84”, 800 Series triplex Mowers and
are currently in the process of replacing our Cushman Topdresser
at the Town of Wallkill Golf Club. We decided not to trade-in
these old pieces of equipment as I felt we would receive a better
return our investment by selling them publicly, through a sealed
bid process conducted by our Town Clerk.
Therefore,
I am requesting permission to classify our two National 84” Mowers
and Cushman Topdresser as “Surplus equipment”, and to conduct
a sale through a sealed bid process with our Town Clerk. I will
set the minimum bid at eight hundred and fifty dollars for each
National 84” Mower and six hundred dollars for the Cushman Topdresser,
and project to have then sold and removed by the end of March.
I have received verbal trade-in values of approximately three
to five hundred dollars for each piece of equipment I have noted
above.
Please
inform me of your decision so I may expedite this process as soon
as possible. Feel free to contact me if you have any questions
regarding this matter. Thank you for your time and consideration.
February 13, 2003
MOTION
BY: Mr. Ward SECONDED BY: Mr. Depew
Mr.
Ward Voting Aye
Mr.
Valentin Voting Aye
Mr.
McLean Voting Aye
Mr.
King Voting Aye
Mr.
Depew Voting Aye
MOTION
CARRIED.
SUPERVISOR
WARD: this next letter which I am not going to read in its entirety
is from the New York State Department of Environmental Conservation
regarding a contest open to middle school and high school students.
It is a poster contest and copies can be obtained from the Supervisor’s
office if anyone is interested.
SUPERVISOR
WARD: again I will not read this whole letter from Candy Brown
regarding a bill in front of the Assembly- #A2580 AKA “Penny’s
Law”, but just the beginning:
Three
years ago a serious injustice was brought to light when my sister-in-law,
Penny brown, was raped and murdered by a fifteen year old. He
was tried as an adult but New York State Law would only allow
the murderer to be sentenced as a juvenile, which is five to nine
years to life. The above referenced Bill would allow a juvenile
who commits second degree murder to be tried and sentenced as
an adult. The adult sentence is fifteen to twenty-five years
to life. This would give a wider sentencing range depending on
the seriousness of the crime, the facts surrounding the crime
and the history of the individual. In our case, cold blooded murder,
he should have been tried as an adult but he should also have
more appropriately received the adult sentence.
MOTION
BY: Mr. Ward to join in the hopes of passing this bill
SECONDED
BY: Mr. Valentin
Mr.
Ward Voting Aye
Mr.
Valentin Voting Aye
Mr.
McLean Voting Aye
Mr.
King Voting Aye
Mr.
Depew Voting Aye
February 13, 2003
MOTION
CARRIED.
To:
Supervisor Ward and Members of the Town Board
From:
Chief Hertman
Subject:
Presentation of award to members of Project Linus
1. Members of Project Linus have
graciously donated a quantity of blankets to this Department.
The purpose of the blankets is to provide comfort to children
who have been the victim of a crime, involved in an accident or
have been subjected to some sort of trauma.
2. In order to express the Police
Department’s appreciation for this donation members of the Department
are going to present Project Linus with a plaque. This event
is going to occur on Saturday, April 19, 2003 at 1100 AM at the
Town of Wallkill Community Center. The undersigned will make
arrangements to have members of the local media attend.
3. I would like to extend an invitation
for each of you to attend.
RESOLUTIONS:
WHEREAS,
the Boys & Girls Club of Orange County provide expanded recreation
services to the youth in the Town of Wallkill.
LET
IT BE RESOLVED, that the Town Supervisor be authorized to sign
a contract with the Boys & Girls Club of Orange County for
such services.
MOTION
BY: Mr. Ward SECONDED BY: Mr. Valentin
Mr.
Ward Voting Aye
Mr.
Valentin Voting Aye
Mr.
McLean Voting Aye
Mr.
King Voting Aye
Mr.
Depew Voting Aye
MOTION
CARRIED.
WHEREAS,
the Boys & Girls Club of Orange County provide Administrative
Management and Program Supervisor for the 2003 Town of Wallkill
Summer Day Camp.
LET
IT BE RESOLVED that the Town Supervisor be authorized to sign
a contract with the Boys & Girls Club of Orange County for
such services.
February 13, 2003
MOTION
BY: Mr. Ward SECONDED BY: Mr. Depew
Mr.
Ward Voting Aye
Mr.
Valentin Voting Aye
Mr.
McLean Voting Aye
Mr.
King Voting Aye
Mr.
Depew Voting Aye
MOTION
CARRIED.
RESOLVED,
that the Town Board of the Town of Wallkill amends its enabling
resolution pursuant to Section 467 of the Real Property Tax law
of the State of New York re-establishing the annual income eligibility
limits to read as follows:
FOR
2003 ROLL
SENIOR
EXEMPTION LIMITS
INCOME RANGE
EXEMPTION
$
Less than $21,499.99
50%
$21,500.00
Less than $22,499.99
45%
$22,500.00
Less than $23,499.99
40%
$23,500.00
Less than $24,499.99
35%
$24,500.00
Less than $25,399.99
30%
$25,400.00
Less than $26,299.99
25%
$26,300.00
Less than $27,199.99
20%
$27,200.00
Less than $28,099.99
15%
$28,100.00
Less than $28,999.99
10%
$29,000.00
Less than $29,899.99
5%
MOTION
BY: Mr. Ward SECONDED BY: Mr. Valentin
Mr.
Ward Voting Aye
Mr.
Valentin Voting Aye
Mr.
McLean Voting Aye
Mr.
King Voting Aye
Mr.
Depew Voting Aye
MOTION
CARRIED.
February 13, 2003
WHEREAS,
heretofore the Town of Wallkill through the Water Department has
been negotiating with the Orange County Golf Club for the acquisition
of certain lands to permit the expansion of wells and related
facilities, and
WHEREAS,
the Orange County Golf Club and the Town have come to an agreement
on the terms of the acquisition, and
WHEREAS,
it is necessary for there to be a subdivision and other engineering
and surveying work to be completed before the acquisition of the
property by the Town of Wallkill, now
THEREFORE,
BE IT RESOLVED as follows:
That
the firm of Eustance & Horowitz, P.C. be authorized to prepare
such engineering and surveying materials as may be necessary together
with securing subdivision approval and such other approvals as
may be necessary to accomplish the acquisition of a portion of
the Orange County Golf course property by the Town of Wallkill.
MOTION
BY: Mr. Ward SECONDED BY: Mr. McLean
Mr.
Ward Voting Aye
Mr.
Valentin Voting Aye
Mr.
McLean Voting Aye
Mr.
King Voting Aye
Mr.
Depew Voting Aye
MOTION
CARRIED.
WHEREAS,
it appears that there are wetlands on the Town Hall grounds, and
WHEREAS,
it would be appropriate for the wetlands to be delineated and
mapped, now
THEREFORE,
BE IT RESOLVED, that the Town does hereby retain Eustance &
Horowitz, P.C. to delineate and map the wetlands on the Town Hall
property.
MOTION
BY: Mr. Ward SECONDED BY: Mr. Valentin
Mr.
Ward Voting Aye
Mr.
Valentin Voting Aye
Mr.
McLean Voting Aye
February 13, 2003
Mr.
King Voting Aye
Mr.
Depew Voting Aye
MOTION
CARRIED.
WHEREAS,
cats and dogs provide companionship to and share the homes of
over 57,000,000 individuals in the United
States; and
WHEREAS,
two unaltered cats and their offspring can produce 420,000 more
cats in seven years and two unaltered dogs and their offspring
can produce 67,000 more dogs in six years; and
WHEREAS,
a humane societies and shelters have to kill five million cats
and dogs each year, although many of them are healthy and adoptable,
simply because there are not enough good homes; and
WHEREAS,
the problem of companion animal overpopulation costs the taxpayers
of this country billions of dollars annually through animal control
programs aimed at coping with the millions of unwanted cats and
dogs; and
WHEREAS,
spaying and neutering cats and dogs has been shown to drastically
reduce cat and dog overpopulation; and
WHEREAS,
veterinarians, humane societies, national and local animal protection
organizations, and private citizens worked together to ensure
the spaying and neutering of an estimated 150,000 companion animals
through “Spay day USA”
in 2002; and
WHEREAS,
veterinarians, humane societies, national and local animal protection
organizations and private citizens have joined together again
to advocate the spaying and neutering of companion animals on
“SPAY DAY USA 2003”, now
THEREFORE,
BE IT RESOLVED, by the Town of Wallkill Town Board that February
25, 2003 be designated “Spay Day USA”, and that Supervisor John
Ward be authorized and requested to issue a proclamation calling
upon the people of the Town of Wallkill to observe the day by
having their own cats or dogs spayed or neutered or by sponsoring
the spaying or neutering of another person’s cat or dog.
MOTION
BY: Mr. Ward SECONDED BY: Mr. Depew
Mr.
Ward Voting Aye
Mr.
Valentin Voting Aye
Mr.
McLean Voting Aye
Mr.
King Voting Aye
February 13, 2003
Mr.
Depew Voting Aye
MOTION
CARRIED.
WHEREAS,
the domicile of town resident Frances H. Thomas, located at 19
Marcy Lane in the Town of Wallkill, suffered extensive damage
on December 17, 2002, as a result of raw sewage back-up and discharge
into her home; and
WHEREAS,
said back-up and discharge was a result of a blockage in a Town
Sewer District sewer line; and
WHEREAS,
said blockage was the result of debris from the construction of
a town approved subdivision; and
WHEREAS,
the Town Board subsequently has taken legislative measures to
remedy such situation as a result of subdivision construction
occurring again; and
WHEREAS,
said Town resident, Frances H. Thomas, has requested that the
Town reimburse her for the cost of clean-up and repair of the
aforementioned damages, so as to cover the deductible amount only
on her home insurance payout for said clean-up and repair; now
THEREFORE,
BE IT RESOLVED that the Town Board of the Town of Wallkill authorizes
the payment of the deductible amount on the insurance payment
to Frances H. Thomas for the clean-up and repair of damages sustained
by a raw sewage back-up into her home at 19 Marcy Lane in the
Town of Wallkill on December 17, 2002; and further
RESOLVED,
that said payment shall not exceed two thousand dollars.
MOTION
BY: Mr. Ward SECONDED BY: Mr. Valentin
Mr.
Ward Voting Aye
Mr.
Valentin Voting Aye
Mr.
McLean Voting Aye
Mr.
King Voting Aye
Mr.
Depew Voting Aye
MOTION
CARRIED.
February 13, 2003
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