The Town Board of the Town of Wallkill held a regular meeting
on Thursday, March 25, 2004 at 7:30 PM at the Town Hall, 600
Route 211 East. Board members present were Supervisor Ward,
Councilman King, Councilman Valentin, Councilman Mulqueen and
Councilman Depew.
Pledge of Allegiance led by Councilman Depew.
MOTION BY: Mr. Ward to accept the Town Board minutes of March
11, 2004.
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:
Spencer McLaughlin, Esq.
From: Jacobowitz & Gubits
It has been brought to my attention that the Town Board has
declined to place the matter of the bond for the Regency Club
recreation improvements on this evening's agenda. This letter
is to protest the Town Board's recalcitrance.
As you are aware, on March 3, 2004, the Planning Board approved
a modification of the note on the previous approved site plan
which required construction of all recreation improvements
prior to the issuance of any certificate of occupancy for the
development. The approved modification permitted the issuance
of a maximum six certificates of occupancy prior to completion
of the recreation improvements on condition that a cash bond
in the amount of $365,000 is posted with the Town and the developer
constructs certain sidewalks and safety areas prior to people
moving into the complex. All of the terms and conditions of
the approved modification were embodied in an agreement which
has been reviewed and approved by your office.
The Town Board has no jurisdiction or authority to veto or
otherwise modify the Planning Board's action in this matter.
In this instance, the Town Board's role is limited to the ministerial
duty set forth in 249-42 B(2)(a)[2] which is to determine that
the bond is satisfactory with respect to form, sufficiency,
manner of execution and surety. Here, the form of the construction
bond is cash; its sufficiency in amount has been established
by the Town Engineer; its manner of execution and surety is
by virtue of a written agreement containing all material terms
as reviewed and approved by your office. It therefore, should
and must be approved.
There are people anxiously waiting to move in who are now
residing in motels/hotels. The owner is ready now to receive
the initial certificate of occupancy so these families can
move in. I would strongly recommend the Town Board reconsider
its position so that it does not convert potential damages
into actual damages. Finally, I believe if the Town Board,
instead of reacting viscerally, takes the time to understand
the circumstances and the restrictive measures required by
the Planning Board, it would entertain and approve the matter
without further delay.
MOTION BY: Mr. Ward
SECONDED BY: Mr. Depew
MR. McLAUGHLIN: Explained it is within the perimeters of the
Planning Board to decide whether or not to enter into an agreement
and the Town Board to decide if the cash surety is adequate.
COUNCILMAN VALENTIN: Explained the initial agreement was that
the developer would have the work done before any Certificate
of Occupancy is issued. He asked about the October 31st expiration
date if the work is not finished.
MR. McLAUGHLIN: Explained on November 1st the cash can be
used to finish the project.
COUNCILMAN MULQUEEN: Stated it doesn't address his concerns
and suggested that even holding the cash doesn't provide assurance
that work will be done by October 31st.
MR. McLAUGHLIN: Stated the decision to stick with the original
plan or negotiate is solely with the Planning Board.
COUNCILMAN DEPEW: Explained they have had Certificates of
Occupancy issued before roads have been dedicated.
MR. McLAUGHLIN: Stated roads are not an issue but landscaping
and other amenities.
COUNCILMAN KING: Stated October 31st - That time of year is
a problem with frost and snow.
COUNCILMAN VALENTIN: Asked if sidewalks have been completed
and stated people will have no recreation area - the expiration
date should be June or July.
SUPERVISOR WARD: Explained it is only the amount they are
able to vote on.
COUNCILMAN VALENTIN: Stated he doesn't feel residents best
interest is being served.
COUNCILMAN DEPEW: Asked about adjusting the time span.
COUNCILMAN MULQUEEN: Explained he spoke to the Town Engineer
and that it is not that work can't be done in a short time
frame.
MR. McLAUGHLIN: Pointed out the Planning Board has made the
decision based on the Town Engineer's advice.
Supervisor Ward -- Voting Aye
Councilman King -- Voting No
Councilman Valentin -- Voting No
Councilman Mulqueen -- Voting No
Councilman Depew -- Voting No
MOTION FAILED
SUPERVISOR WARD: Announced Orange County is having a Hazardous Waste Pickup
on May 1st from 9:00 to 3:00 - Call ahead to make appointments. Call Supervisor's
Office for more information.
To: Supervisor Ward From:
Time Warner Cable
Pursuant to our franchise agreement with the Town of Wallkill,
enclosed is our check in the amount of $88,216.28. This is
full payment of our franchise fee due, per definition, from
the Town of Wallkill residents for the period July 1, 2003
through December 31, 2003.
To: Supervisor Ward
From: Mid-City Transit Corp.
Mid-City Transit Corp. is willing to provide busing for the
Town's 2004 summer recreation program for the sum of $30,134.00.
Local trips are normally booked at a rate of $46.80 per hour
with a four hour minimum. Longer trips, such as Yankee Stadium,
are priced individually. Special accommodations may be negotiated
separately.
These prices reflect a modest increase from previous prices
due to increases in fuel, insurance and other operating costs.
MOTION BY: Mr. Ward not to accept at this time but put it
out to get other quotes.
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
To: John Ward & Town Members:
From: Royal Pools & Spas
We are hoping to schedule an off-sight sale at the Circuit
City Parking area between the dates of April 30 through May
9.
The sale would be in progress from 9:00 AM to approximately
9:00 PM. We will be providing security for the hours that the
sale is not open.
We will be selling Sundance Spas which we hope to have under
a tent that will measure approximately 30 x 50.
Please let us know if you require any additional information.
Thank you for your consideration.
Supervisor Ward -- Voting No
Councilman King -- Voting No
Councilman Valentin -- Voting No
Councilman Mulqueen -- Voting No
Councilman Depew -- Voting No
MOTION FAILED
To: Town Supervisor & Member of Town Board
From:
Chief Robert C. Hertman
1. Your authorization is hereby requested to advertise and
solicit bids for a Smart Model I - Speed Trailer. This unit
will be used to control speeding on Town Roads.
2. The funds are in the 2004 budget. With your authorization,
we plan to advertise our Notice to Bidders in March, and to
publicly open the bids on April 8, 2004.
MOTION BY: Mr. Ward
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
To: Mr. Ward & Town of Wallkill Board Members
From:
American Red Cross
I am writing to you requesting permission for the Orange/Sullivan
County Chapter of the American Red Cross in Greater New York
to fly our flag over the Town of Wallkill Golf Club on May
20, 2004. On this day we are hosting our Orange County Major
fundraiser for the year, the Citizens of Distinction Awards
Reception, honoring two of Orange County's renowned people.
All proceeds raised by the event will go to support American
Red Cross programs and services in Orange County.
If permission is granted, please let us know what size flag
we can raise. We have many different sizes, and do not wish
to dwarf the American Flag.
If you have any questions or would like more information on
the Citizens of Distinction Awards Reception, please contact
the Orange/Sullivan County Chapter at (845)294-9785. Thank
you.
MOTION BY: Mr. Ward
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
To: Town Board
From: John E. Lippert
On Wednesday, March 24, 2004 at 2:00 PM, we opened and publicly
read aloud bids received for waterborne traffic paint. We have
thoroughly reviewed the bids received, and on the basis of
our review, we recommend awarding the bid to:
Franklin Paint Company 259 Cottage Street Franklin, MA 02038
Please feel free to contact me should you have any questions.
Thank you for your consideration. March 25, 2004
MOTION BY: Mr. Ward
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
To: Town Board
From: John E. Lippert
On Wednesday, March 17, 2004 at 10:00 AM, we opened and publicly
read aloud bids received for Bulk Pickup Services. We have
thoroughly reviewed the bid received, and on the basis of our
review, we recommend awarding the bid to:
Waste Management of New York, LLC 89 Black Meadow Road Chester,
NY 10918
Please feel free to contact me should you have any questions.
Thank you for your consideration.
MOTION BY: Mr. Ward
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
To: Town Board
From: John E. Lippert
On Monday, March 15, 2004 at 2:00 PM, we opened and publicly
read aloud bids received for Uniforms Services. We have thoroughly
reviewed the bid received, and on the basis of our review,
we recommend awarding the bid to our current uniform service
provider:
Eastern Uniform Service Corporation 56-15 Northern Boulevard
Woodside, NY 11377
Please feel free to contact me should you have any questions.
Thank you for your consideration.
MOTION BY: Mr. Ward
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
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