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BE IT HEREBY RESOLVED that the following budget transfers be made in order to close out the year 2002.

            To                                                                    From

SL1 5182.400              $8,350                         SL1 2401                     $1,769

SM  5112.401             $49,089                       S     1599                     $6,581

SM  5112.402             $5,224                         SM  5031                    $362,209

SM  5112.403             $307,896                     D 5142.100                 $16,544

D     5140.100             $16,544                       SS18120.200               $59,828

SS 18130.200              $20,807                       A  1620.401                $9,445

SS 19710.600              $39,021                       A  1680.200                $8,352

A     1220.100             $524                            A  1680.401                $6,136

A     1220.200             $165                            A  1930.400                $22,530

A     1220.401             $8                                A  3120.100                $193,329

A     1220.405             $516                            A  3620.100                $22,694

A     1220.406             $907                            A  7110.200                $84,000

A     1220.407             $207                            A  7110.411                $29,890

A     1220.409             $81                              A  8020.407                $44,560

A     1355.100             $96                              A  8030.100                $29,410

A     1355.404             $47,481

A     1355.406             $28,030                                   To

A     1355.409             $115                            A   5132.406               $119

A     1420.404             $37,840                       A   5630.100               $10,012

A     1420.405             $8,273                         A   5630.402               $99

A     1420.409             $178,094                     A   5630.404               $87

A     1440.401             $8,809                         A   5630.408               $398

A     1440.402             $793                            A   6772.401               $405

A     1440.405             $3,635                         A   6772.404               $250

A     1440.408             $299                            A   7020.401               $225

A     1440.412             $2,520                         A   7020.403               $89

A     1450.100             $800                            A   7020.411               $500

A     1450.408             $11,215                       A   7510.401               $7

A     1490.100             $2,979                         A   7510.403               $100

A     1621.405             $323                            A   8010.401               $87

A     1660.400             $67                              A   8010.403               $60

A     1670.100             $58                              A   8160.100               $1,715

A     1670.402             $1,121                         A   8160.403               $566

A     1670.404             $1,025                         A   8160.404               $1,194

A     1670.405             $492                            A   9010.800               $8,207

A     1670.406             $227                            A   9030.800               $10,514

A     1670.407             $192                            A   9035.800               $2,395

A     1910.407             $1,959                         A   9055.800               $199

A     3310.401             $1,561                         A   9060.800               $67,950

A     3320.100             $2.279                         A   9710.700               $494

A     3320.401             $607

A     3510.405             $253

A     4020.400             $141

A     5132.403             $387

                                                                                                February 13, 2003

MOTION BY: Mr. Ward                   SECONDED BY: Mr. King

Mr. Ward                     Voting Aye

Mr. Valentin                 Voting Aye

Mr. McLean                 Voting Aye

Mr. King                      Voting Aye

Mr. Depew                  Voting Aye

MOTION CARRIED.


WHEREAS, the State of New York and the County of Orange has extended the pay to certain municipal employees that could be activated to military service due to our war and on other wars.

THEREFORE BE IT RESOLVED, that the pay to certain Town of Wallkill employees that have been activated to military service be likewise extended to December 31, 2003 to those employees, in good standing, who are serving in the U.S. Military beyond the normal 30 day period.

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.


BE IT HEREBY RESOLVED, that the Town Board of the Town of Wallkill, that said Town Board hereby amends the appropriate Town of Wallkill employment schedules to create the position of “Town of Wallkill Deputy Police Chief”, designated by the Orange County Department of Personnel as “Police Chief (B)”, position # 1829.

By Order of the Town Board of the Town of Wallkill, New York.

MOTION BY: Mr. Ward                   SECONDED BY: Mr. McLean

                                                                                                February 13, 2003

Mr. Ward                     Voting Aye

Mr. Valentin                 Voting Aye

Mr. McLean                 Voting Aye

Mr. King                      Voting Aye

Mr. Depew                  Voting Aye

MOTION CARRIED.


WHEREAS, the Town Board of the Town of Wallkill in the County of Orange, State of New York, has received a petition dated January 24, 2000 pursuant to Section 191 of the Town law for the extension of the Wallkill Sewer District which petition was signed by the owners of at least one-half of the assessed valuation of all taxable real property situated in the proposed district extension, all as shown upon the latest completed assessment roll of said Town, and was accompanied by a map, plan and report prepared by Tectonic Engineering Consultants PC, competent engineers duly licensed by the State of New York for the extension of the sewer district in the Town together with a description of the necessary improvements, which map, plan and report are now on file in the Office of the Town Clerk of the Town for public inspection, and

Whereas, the Town Board adopted an order on the 22nd day of June, 2000 reciting a description of the boundaries of the district extension, the improvements proposed, the fact that all improvements were to be constructed at the expense of the petitioner, and specifying the 27th day of July, 2000 at 7:15 o’clock PM as the date and time when at the Town Hall, 600 Route 211 East in the Town as the place where the Town Board would meet to consider the extension of the district and hear all persons interested in the subject thereof and for such other action on the part of the Town Board as may be required by law, and

WHEREAS, certified copies of the order were duly published and posted pursuant to the provisions of the Town law, and

WHEREAS, a public hearing in the mater was duly held by the Town Board on the 27th day of July, 2000 commencing at 7:15 PM at the Town Hall at which all interested persons desiring to be heard were heard, now

THEREFORE BE IT RESOLVED AND ORDERED by the Town Board of the Town of Wallkill in the County of Orange, State of New York as follows:

1.      IT IS HEREBY DETERMINED THAT

(a)    The notice of public hearing was published and posted as required by law and is otherwise sufficient.

(b)   All the property and property owners benefited included within the proposed district are benefited thereby.

February 13, 2003

(c)    All the property and property owners benefited are included within the proposed district extension.

(d)   That by order of the Supreme Court of the State of New York dated march 30, 2001 and affirmed by decision and order of the Appellate Division dated September 23, 2002 the Town Board was directed to grant petitioner’s application to extend the Town of Wallkill Sewer District to include petitioner’s property at petitioner’s expense.

2.      The establishment of the district extension is hereby approved which said district extension is bounded and described as follows: All those properties in the Town of Wallkill as Section 73, Block 1, Lots 31.2, 33.2 and 33.3.

3.      The improvements necessary for the district extension are to be made by the petitioner at petitioner’s expense.

4.      The permission of the New York State Comptroller is not required with respect to the district extension because there is no maximum amount to be expended by the Town.

5.      The Town Clerk of the Town is hereby authorized and directed within ten days after the adoption of this resolution and order to file certified copies thereof in duplicate in the Office of the State Department of Audit and Control in Albany, New York and to record a certified copy of the order in the Office of the Clerk of the County of Orange.

6.      This resolution and order shall take effect immediately.

MOTION BY: Mr. Ward                   SECONDED BY: Mr. McLean

Mr. Ward                     Voting Aye

Mr. Valentin                 Voting No

Mr. McLean                 Voting Aye

Mr. King                      Voting No

Mr. Depew                  Voting No

MOTION DENIED.

DISCUSSION:

MR. McLAUGHLIN: dates are incorrect, need to investigate

COUNCILMAN DEPEW: was not in office at original Public Hearing; has a problem with extending sewer because of the court order; feels that he is not serving his ward by voting for this and knows he may be in contempt by voting no.

COUNCILMAN KING: the planning process was taken away by the judge and it doesn’t ‘sit well’ with him.

                                                                                                February 13, 2003

COUNCILMAN VALENTIN: was on the Town Board for the public hearing; the Town paid a lot of money to lawyers to get the vote for the best interest of the Town; was originally voted down.  Asks why we are doing this (discussion) since the judge has ordered the Board to extend the sewer.

MR. McLAUGHLIN: as a result of the lawsuit in the appellate court it was not reviewed as what was possible new evidence; the Town didn’t make appropriate arguments for denial.  The Town Board may see this as an abridgement of powers but nonetheless, they can vote no and possibly lead to further litigation.

COUNCILMAN VALENTIN: Board was told it couldn’t take into consideration impact.  The project that was proposed was impressive but would like it to be scaled down.

COUNCILMAN DEPEW: the prior Board’s decisions bind the sitting Board who has no authority or ability to make any form of argument.

MR. McLAUGHLIN: appellate court will not review or look at new issues that may come up.  When you run for office you must buy into mistakes and victories of previous boards.

MR. SMITH: is this parcel in the district now? (With vote)

MR. McLAUGHLIN: not in.


BE IT RESOLVED, that the Town of Wallkill has been awarded an Orange County Community Development Grant in the amount of $50,000.00 for the drainage and paving improvements of the Silver Lake dead ends (between Neeley Street and Bert Crawford Road).


BE IT FURTHER RESOLVED, that the Town of Wallkill Town Board authorizes the Supervisor to enter into the FY-2003 community Development Municipal Agreement with the Office of Community Development.

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.

                                                                                                February 13, 2003

WHEREAS, Election Districts exceeding 800 registered voters, in accordance with Section 7-203.2 of the New York State Election Law shall be equipped with two voting machines for this years election in the Town of Wallkill this involves District 1W-4D (953 voters) and 2W-2D (921 voters); and

WHEREAS, after the November election the Orange County Board of Elections recommended those districts exceeding 900 registered voters should be altered.  In the Town of Wallkill this involves Districts 1W-4D (953 voters) and 2W-2D (921 voters); and

WHEREAS, any alteration or creation of election districts in any calendar year shall be made on or before February 15th pursuant to New York State Election Law section 4-100.5; now

THEREFORE, BE IT RESOLVED, that the following locations be removed from election districts 1W-4D and be placed in a new election district to be designated as 1W-6D:

            Foster Road odd inclusive only

            Inwood Road odd inclusive only

            Goshen Turnpike even inclusive 1592-1662 only

            Scotchtown Collabar Road even inclusive 12-198 only

            Berkman Drive all inclusive

            Pinto Lane all inclusive

Poplar Lane all inclusive

Sherwood Drive North all inclusive

Sherwood Drive South all inclusive

Greencrest Drive all inclusive

Resulting in election district 1W-4D containing 367 registered voters and election district 1W-6D containing 586 registered voters, and

FURTHER, LET IT BE RESOLVED, that the following locations be removed from election district 2W-2D and be placed in a new election district 2W-7D:

            Gene Road all inclusive

            Patricia Road all inclusive

            Monica Court all inclusive

Mabel Road all inclusive

Dominick Street all inclusive

Beth Drive all inclusive

Brae Mar Road all inclusive

Blumel Road even 6-132 inclusive only

Goshen Turnpike 1587-1885 odd inclusive only

James Court all inclusive

Loch Lomond Lane odd inclusive only

Edinburgh Road 88-124 even inclusive only

Scotchtown Drive 59-71odd inclusive only

                                                                                    February 13, 2003

Scotchtown Place 2-12 even inclusive only

Resulting in election district 2W-2D containing 571 registered voters and election district 2W-7D containing 350 registered voters.

MOTION BY: Mr. Depew                 SECONDED BY: Mr. Ward

Mr. Ward                     Voting Aye

Mr. Valentin                 Voting Aye

Mr. McLean                 Voting Aye

Mr. King                      Voting Aye

Mr. Depew                  Voting Aye

MOTION CARRIED.


WHEREAS, the Town Board of the Town of Wallkill has appointed a Master Plan Review Committee for the purpose of updating the Town’s master plan as being in the best interests of its current and future residents; and

WHEREAS, said committee has produced and is producing a volume of work and has generated minutes at each of its meetings so as to as to make it most difficult and inefficient to depend upon a volunteer to act as secretary to the committee; and

WHEREAS, said committee has entered a critical stage of its process requiring exact and consistent minutes of its meetings; now

THEREFORE, BE IT RESOLVED that the Town Board of  the Town of Wallkill hereby appoints Phyllis Gesztesi as part time temporary secretary to the Town of Wallkill Master Plan Review Committee under the same conditions and same rate of compensation as provided the Secretary of the Town of Wallkill Human Rights Commission; and be it further

RESOLVED, that said position shall be eliminated with the dissolution of the Master Plan Review Committee.

MOTION BY: Mr. Ward                   SECONDED BY: Mr. Depew

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.


BE IT RESOLVED that the Town Board of the Town of Wallkill authorizes the payment of $32,700 for the purchase of 4.31 acres from the Orange County Golf Club to permit expansion of and provide protection for the well heads and related facilities critical to the Town of Wallkill water supply.

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.



WHEREAS, New York State Town Law provides for the Town Board with the authority to set the compensation of Town elected officials pursuant to Paragraph 1 of Section 27 of the Town Law of the State of New York regarding compensation of Town Officers and employees, now


THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wallkill that compensation for all elected officials of the Town of Wallkill shall be determined and established by the Town Board each Town election year by local law effective on a date prior to the notice of hearing on the preliminary budget for the succeeding year published pursuant to Section 108 of the Town Law of the State of New York; and further


RESOLVED by the Town Board of the Town of Wallkill that said compensation shall commence on January 1 of the succeeding year following said Town election.

MOTION BY: Mr. Ward                   SECONDED BY: Mr. Depew for discussion

DISCUSSION:

COUNCILMAN DEPEW: feels that this may cause bad feelings and it should be tabled to be reviewed further.

                                                                                                February 13, 2003

MOTION TABLED.


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 McGoey, Hauser and Edsall, PC for engineering services in the extension of water and sewer service for the Wal-Mart Distribution Center Project, as per the Project Agreement and as being in the best interests of the town and its residents.

MOTION BY: Mr. Ward                   SECONDED BY: Mr. King for discussion

DISCUSSION:

COUNCILMAN KING: many questions regarding this project and the public has many questions especially since Pataki’s budget has no money.  Plan and research money from the Town doesn’t sit well.  Is there an Empire Zone?

SUPERVISOR WARD: the Town entered into a contract with Wal-Mart

MR. McLAUGHLIN: This is all legal; the state and county contracts are all binding with the Town.  Project will go forward because of the contract and regardless of money.  County will certify probably this summer.

COUNCILMAN DEPEW: Looks at this differently; the project will create jobs; tax base.  The Town needs something out there (that end of Town).

SUPERVISOR WARD: Public hearing will be scheduled for sewer district, etc.

MOTION TABLED.


COMMITTEE REPORTS

COUNCILMAN KING: Highway Committee- policy; do not plow or blow snow into the road, dangerous.  Ed. Smith, Dan Depew and myself will be meeting to discuss planning board agenda for future projects- 2/27 at Water & Sewer dept. 10AM

COUNCILMAN VALENTIN: the following is a letter from the Highway Department:

To: Board Members

From: John Lippert, Commissioner of Public Works

Re: December and January Employee of the Month

We are pleased to announce that we have selected the entire Town of Wallkill Highway Department as the Department of Public Works Employee of the Month for December and January 2003.  As you know, we had two major snowstorms that fell on Christmas day and New Years Day.  Our employees gave up the holidays with their families to make

                                                                                                February 13, 2003

sure the roads were safe and passable for the residents of our Town.  We would like to commend our employees for their dedication and for the sacrifices they make to ensure the safety of our Town.

Please join us in congratulating and recognizing the Town of Wallkill Highway Department for receiving this award, and thanking then for their long history of dedication.

Parks & Recreation; finishing projects at Circleville Park, pavilion and docks.  Working on improvements to the Little League fields.  Summer camp fees are going to increase.  There will be a meeting on March 5th regarding bulk pickup getting and negotiating prices with least amount of impact to taxpayers.  The Police department has been dealing with graffiti; increase fees for handicapped parking- deterrent.

COUNCILMAN McLEAN: question to Mr. Valentin- is the town applying for another grant for the parks?  Personnel committee- met regarding contract; equalization & assessment- nothing to report.  Human Rights Commission meeting on February 24.

COUNCILMAN DEPEW: drifting snow has been a problem; lights on Vanburenville road warning of curve; drive slow. Thanked Mr. Smith (water department) for helping residents with their frozen pipes.  Parks & Rec.; Mr. Valentin and I will be getting together to discuss all parks.  Golf course- Mr. Ward got a letter from Jim Lawlor (golf pro) regarding running specials at the course.


COUNCILMAN COMMENTS

COUNCILMAN KING: Master plan review committee meeting 7PM; Blanket making Day is Feb. 22, at the Community Center.

COUNCILMAN VALENTIN: remind residents that the Town has a “Pooper Scooper  Law”; there are many new projects before the town regarding new single family homes (read list) over 1100 possible families.  The Town has developed commercially but single family homes will overburden the school districts that are already overcrowded.

COUNCILMAN KING: huge tax increases; houses don’t help the tax base.  Work session to look at all developments and projects that are coming before the planning board and Town.

COUNCILMAN McLEAN: would like to work on review.  Emergency management gathering info for grants with Sue Kelly for equipment.  Discussed the Galleria and traffic control in case of an emergency; school evacuation drills.  Battalion I meeting.  Appeal to those helping neighbors.  Human Rights needs volunteers.  One night a month for a couple of hours.  Contact the Supervisor’s office if interested.

COUNCILMAN DEPEW: discussed the need to clear out the fire hydrants from snow; agrees that there is a need to raise the fines for parking tickets when people are parked in

                                                                                                February 13, 2003

access and fire lanes.  Would like to see the agenda put back in the Times Herald Record by Tuesday.

MOTION BY: Mr. Depew to put Agenda in the newspaper   

SECONDED BY: Mr. King

SUPERVISOR WARD: table this motion until the next meeting

MOTION TABLED.


COUNCILMAN DEPEW: continues with the protection of wetlands; notably the Shawangunk Kill (“pristine”)  meeting will be held on February 24, at 7PM to get input from the public regarding this.  May 24th at Washington Heights Park- Little League and Soccer Club will be selling hotdogs while the Pine Bush Community Band performs at the park.  Would like to extend congratulations to the Receiver of Taxes, Dorothy Ingrassia and her husband Louis on their 50th anniversary February 15th.  Condolences to the family of John Gricewich who passed away this morning.


SUPERVISOR COMMENTS

SUPERVISOR WARD: read the resolution for the purchase of the Orange County Golf Course 4.31 acres.

MOTION BY: Mr. Ward to set work session for 2/19 at 7PM

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.

Town received a check from Pyramid.  State of Town address gave tentative figures for reserve surplus now we have the correct amounts.  Position for Code Enforcement- Part time- with certification.  Please contact the Supervisor for an interview with Town Board and Building Inspector; the notice will be posted in the paper.  Discussed the new home estimate in the town and feels that it is inconceivable for the SilverLake Scotchtown Road, Tower Drive and Cottage Street area, sees a major problem with traffic.

                                                                                                February 13, 2003

CHIEF HERTMAN: The police department will be acquiring booklets for all patrol cars “Speedy Spanish” as that is the second language; and it will help the residents.  Speed trailer will be set up; 3-6 months- rechargeable- clocks speed of motorists.  There have been a lot of complaints.  This will be able to be moved around to different location, gives a printout on a daily basis.

NYS- Code Orange- we are Zone 4; no immediate threat to the immediate area.  Formation of Office of Emergency management- Bill Fallon- dedicated; there are many volunteers with many ideas.

Sue Kelly, Assemblywoman 19th District; appointed Hertman to the Advisory Committee-  Safety Council

MR. SMITH: no comments

MR. LIPPERT: discussed park improvements and involvement; many new concepts and they will be presented to the Board as soon as they have them.  Thanks to John King for mentioning snow removal and to not have it plowed into the road

SUPERVISOR WARD: Association of Towns meeting is next week; Town Hall will be closed on Fri., Feb. 14 and Mon., Feb, 17th for Presidents weekend and some council members will be attending the Association of Towns conference in New York City.


PUBLIC PARTICIPATION

Mike Cody; discussed Easter Egg Hunt slated for April 19th at Circleville Park; Orange County Car Club donated $100 to the Easter Egg Hunt; May 17th is Armed Forces Day; any questions on the Veteran’s Memorial Wall please call and talk to me.

Neil Hermann: at the meeting on Jan. 23 the Town noted a reduction of lawsuits; this is not true and wants to know why they say its true when for example there is a problem with James Clark Drive.  Wants to know about the water source and who is paying for it on McKee property.

MR. SMITH: the water source is by Stone School House Road.

N. Guenste; $200,000 for well is not in the budget; where did the money come from?

MR. SMITH: explained the accounting setup; formation of 2nd sewer district and the people will have the option to hookup to it.

N. Guenste; sewer for Wal-mart- why is the Town in such a rush?

SUPERVISOR WARD: timetable is laid out in agreement with Wal-Mart.  Town residents can petition to join the sewer district.

                                                                                                February 13, 2003

K. Mulqueen; promises to be nice; Galleria doesn’t make a contribution to the community.  Sincere appreciation to Town Board.

N. Hermann; sewer line direction?

MR. SMITH: lines will be going along Route 17

N. Hermann; how does Town look for water source and not be reimbursed?

N. Guenste; attended planning board meeting; Town should have a list of all empty lots


MOTION BY: Mr. Ward to adjourn at 9:40 PM

SECONDED BY: Mr. King

Mr. Ward                     Voting Aye

Mr. Valentin                 Voting Aye

Mr. McLean                 Voting Aye

Mr. King                      Voting Aye

Mr. Depew                  Voting Aye

MOTION CARRIED.


Meeting Adjourned At 9:40 PM


Jeanne Gervasi, Town Clerk