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WHEREAS, Town Board of Wallkill wishes to adopt a local law to amend Chapter 249 of the Town Code of the Town of Wallkill to update the application fees and fee schedule for the collection of garbage in the Town; and

WHEREAS, the Town Board of Wallkill is empowered by the State to adopt such local law pursuant to Municipal Home Rule law; and

WHEREAS, said zoning changes 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, IT IS HEREBY RESOLVED that a public hearing be held by the Town Board with respect to the adoption of the aforesaid Local Law at 7:20 PM on September 25, 2003, at Wallkill Town Hall, 600 Route 211 East, Middletown, New York; 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 Valentin -- Voting Aye

Councilman King -- Voting Aye

Councilman McLean -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED.


WHEREAS, the Town Board of the Town of Wallkill desires to maintain the operational efficiency of the Town Sewerage Treatment Plant; and

WHEREAS, the two belt presses used for the dewatering of sludge at said sewerage treatment plant are in immediate need of repair and reconstruction, in order to maintain said efficiency, and

WHEREAS, the Sewer and Water Superintendent has determined that the state of disrepair of said belt presses now constitutes an emergency situation; and

WHEREAS, the Town has received at least three estimates for the repair and reconstruction of said belt presses; and

WHEREAS, the cost of said repairs and reconstruction cannot be accommodated within the regular Sewer and Water budget; now

THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wallkill, that said Town Board hereby authorizes the Town of Wallkill Sewer and Water Superintendent to award a contract for the repair and reconstruction of the two belt presses at the Town owned and operated sewerage treatment plant to the lowest responsible contractor, as being in the best interest of the town and its residents; and

THAT a transfer of not more than $120,000 from the Sewer budget fund balance to the Sewer budget is hereby authorized for the purpose of the execution of said repairs and reconstruction.

MOTION BY: Mr. Ward

SECONDED BY: Mr. Valentin

Supervisor Ward -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman King -- Voting Aye

Councilman McLean -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED.


WHEREAS, a resolution was duly adopted by the Town Board of the Town of Wallkill for a public hearing to be held by said Governing Body on July 24, 2003 at 7:05 PM at Town Hall, 600 Route 211 East to hear all interested parties on a proposed Local Law entitled a Local Law amending the Zoning Code of the Town of Wallkill, New York, establishing maximum number of meetings that may be missed by members of the Town Zoning Board of Appeals; and

WHEREAS, notice of said public hearing was duly advertised in Times Herald Record, the official newspaper of said Town, on July 11, 2003; and

WHEREAS, said public hearing was duly held on July 24, 2003 at 7:15 PM at Wallkill Town Hall, 600 Route 211 East, Middletown, NY and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said Proposed Local Law, or any part thereof, and

WHEREAS, pursuant to part 617 of the implementing regulations pertaining to Article 8 State Environmental Quality Review Act (SEQRA) it has been determined by the Town Board of said Town that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by other applicable governmental agencies without further regard to SEQRA, and

WHEREAS, the Town Board of the Town of Wallkill, after due deliberation, finds it in the best interest of said Town to adopt said Local Law.

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wallkill hereby adopts said Local Law No. 7, entitled A Local Law Amending the Zoning Code of the Town of Wallkill, New York, Establishing maximum Number of Meetings that may be Missed by Members of the Town Zoning Board of Appeals, and be it further

RESOLVED, that the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Wallkill, and to give due notice of the adoption of said Local Law to the Secretary of the State of new York.

MOTION BY: Mr. Ward

SECONDED BY: Mr. Depew

Supervisor Ward -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman King -- Voting Aye

Councilman McLean -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED.


WHEREAS, a resolution was duly adopted by the Town Board of the Town of Wallkill for a public hearing to be held by said Governing Body on May 22, 2003 at 7:05 PM at Town Hall, 600 Route 211 East to hear all interested parties on a proposed Local Law entitled a Local Law amending the Zoning Code of the Town of Wallkill, New York, establishing maximum number of meetings that may be missed by members of the Town Planning Board; and

WHEREAS, notice of said public hearing was duly advertised in Times Herald Record, the official newspaper of said Town, on July 11, 2003; and

WHEREAS, said public hearing was duly held on July 24, 2003 at 7:15 PM at Wallkill Town Hall, 600 Route 211 East, Middletown, NY and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said Proposed Local Law, or any part thereof, and

WHEREAS, pursuant to part 617 of the implementing regulations pertaining to Article 8 State Environmental Quality Review Act (SEQRA) it has been determined by the Town Board of said Town that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by other applicable governmental agencies without further regard to SEQRA, and

WHEREAS, the Town Board of the Town of Wallkill, after due deliberation, finds it in the best interest of said Town to adopt said Local Law.

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wallkill hereby adopts said Local Law No. 8, entitled A Local Law Amending the Zoning Code of the Town of Wallkill, New York, Establishing maximum Number of Meetings that may be Missed by Members of the Town Planning Board, and be it further

RESOLVED, that the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Wallkill, and to give due notice of the adoption of said Local Law to the Secretary of the State of new York.

MOTION BY: Mr. Ward

SECONDED BY: Mr. McLean

Supervisor Ward -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman King -- Voting Aye

Councilman McLean -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED.


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 Memorandum of Understanding with Crystal Run Crossing, Inc. for the creation of a Special Benefit Assessment District for the purpose of widening Crystal Run Road, if deemed appropriate.

MOTION BY: Mr. Ward

SECONDED BY: Mr. Depew

Supervisor Ward -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman King -- Voting No

Councilman McLean -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED.


WHEREAS, Town Board of the Town of Wallkill wishes to adopt a Local Law to amend Chapter 249 of the Town Code of the Town of Wallkill to allow for two foot minimum setbacks from property lines for sheds in R-1 and R-2 districts; and

WHEREAS, the Town Board of Wallkill is empowered by the State to adopt such local law pursuant to Municipal Home Rule Law; and

WHEREAS, said zoning changes 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, IT IS HEREBY 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 September 25, 2003, at Wallkill Town Hall, 600 Route 211 East, Middletown, New York; 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 Valentin -- Voting Aye

Councilman King -- Voting Aye

Councilman McLean -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED.


WHEREAS, enormous administrative demands have been placed upon the Town of Wallkill Police Department due to the mandates of the Federal Court Consent Decree; and

WHEREAS, implementation of the Best Practices Guidelines has also added to the aforementioned workload; and

WHEREAS, there exists the probability that, without temporary civilian staff assistance, the Department will be unable to continue to meet the requirements of the Consent Decree and the Best Practices Guidelines in a timely fashion; and

WHEREAS, there exists a balance in the current Police - Personnel Services budget that can accommodate the hiring of a part-time civilian employee for a six month period; and

WHEREAS, Mary Phelan has been interviewed in anticipation of said position being approved and has had extensive experience in all aspects of the administrative scope of work that would be necessary to fill the aforesaid position; now

THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wallkill that Mary Phelan be appointed to the position of part-time administrative civilian employee with the Town of Wallkill Police Department for period not to exceed six months, at which time said appointment shall terminate.

MOTION BY: Mr. Ward

SECONDED BY: Mr. McLean

Supervisor Ward -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman King -- Voting No

Councilman McLean -- Voting Aye

Councilman Depew -- Voting No

MOTION CARRIED.


WHEREAS, there exists a vacancy in the Town of Wallkill Department of Public Works at the M.E.O. level; and

WHEREAS, Ed Opferbeck fulfills the civil service requirements of knowledge, skills and experience for the M.E.O. position and is situated on the civil service list in a place where he may be hired to fill said position; and

WHEREAS, it is the opinion of the Commissioner of Public Works that Ed Opferbeck is qualified to fill said position; now

THEREFORE, BE IT REOLVED, that the Town Board of the Town of Wallkill hereby appoints Ed Opferbeck to the position of M.E.O., to serve in said capacity at the town of Wallkill Department of Public Works, and be it further

RESOLVED that said appointment shall be deemed effective as of August 1, 2003.

MOTION BY: Mr. Ward

SECONDED BY: Mr. McLean

Supervisor Ward -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman King -- Voting Aye

Councilman McLean -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED.


COMMITTEE REPORTS

COUNCILMAN KING: Code review meeting; C.M. & Sons have code violations; need to research companies as far as permit dates. Meeting scheduled for 7:30 PM, Tuesday. Building Site Committee should have some information by end of September; two options.

COUNCILMAN VALENTIN: Congratulations to boys. Town will be replacing outdated equipment; Challenger program needs volunteers. Looking to get electric cars for the park. Reads the following:

To: Town Board Members
From: John Lippert

Re: Employee of the Month

Joe Biccum has been nominated by one of his peers for the Employee of the Month Award for the month of June. Joe is a hard worker who takes pride in all that he accomplishes. Joe also takes care when operating Town equipment. His exemplary performance of his duties should be commended.

Please join us in recognizing Joe for this award.


To: Town Board members
From: John Lippert

Re: Employee of the Month Award

Charlie Berry has been nominated by one of his foreman for the Employee of the Month Award for the month of July. Charlie does an excellent job with his assigned tasks, operating in an efficient and safe manner. Charlie takes excellent care of the equipment he uses and is a valuable team player. His exemplary performance of his duties is noteworthy and commendable.

Please join us in recognizing Charlie for this award.

To continue; there have been problems with the cameras on Patio Road. Highway meeting will be Wednesday at 7 PM. Police Meeting will be held on September 10 at 6:30 PM. Note to highway that the creek needs cleaning on Maple Road and Ben Lomond.

Makes presentation to Belle Russell, Boys & Girls Club; Barbara Evans, Soccer league and Little league of $1,000.00 from Milford Chrysler.

COUNCILMAN McLEAN: ongoing with personnel CSEA contract. Human Rights meeting on September 22. Building site committee has RJ Smith Realty checking out building sites available in the Town. Would prefer to stay on this property and they are working as quickly as possible.

COUNCILMAN DEPEW: Vanburenville Road is dangerous with the gravel. Thanks for the work at the Relax Inn; weeds were cut down. Golf meeting will be September 3rd at 6:30 PM at the Golf Course. Shawangunk Kill project is going well; concerns about bus terminal at Adams Diner; code violations exist; Relax Inn questions.

COUNCILMAN COMMENTS

COUNCILMAN KING: Russell Boyce, Jr. returned from Iraq; presented with a certificate.

COUNCILMAN VALENTIN: remember school starts next week

COUNCILMAN McLEAN: thanks Emergency management for all they do. Website will soon be available.

COUNCILMAN DEPEW: has had the swings at Washington Heights Park lowered; young people are keeping the park clean. Halloween hayride is October 23 & 24. Thanks to Charlie berry for good job done.

SUPERVISOR COMMENTS

SUPERVISOR WARD: interviewing for a building department clerk. Carol Kelly, Planning Board secretary has retired; Marylynn Hunt has been promoted to her position. Cathy Bradford has been promoted to Marylynn's position in the Building Department. Have been interviewing Town of Wallkill residents.

MOTION BY: Mr. Ward to appoint Dolores Valverde as Building Clerk

SECONDED BY: Mr. McLean

Supervisor Ward -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman King -- Voting Aye

Councilman McLean -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED.


Supervisor continues; Thrall Library return box is now in the foyer. School taxes for town of Wallkill residents will go down; Pine Bush rate- 69.03, Goshen- 59.96, Minisink- 64.63 and Valley Central- 60.86. Notice has been mailed regarding channel changes; town maps are now available. October 8th- 2 to 9 PM at the Community Center there will be a meeting regarding Exit 122. Police list has expired; should have a new list by the next meeting. C.M. & Sons trucking are being monitored by the police as far as any activity. Reads the following letter:

The above captioned defendants who are facing unauthorized Speed Contest charges in your court satisfactorily participated in restorative group conferencing on August 21, 2003. Sgt. Walsh and Officer Bodensieck from the Wallkill Police Department participated and greatly contributed to the success of the meeting with first hand accounts of incidents where speeding has ended in great harm. It appeared that the defendants came to a greater understanding of the potentially harmful effects of road racing, and speeding in general, and all made a commitment to not engage in such behavior in the future.

We wish to take this opportunity to thank the Court and District Attorney's office for allowing us the opportunity to arrange the conference. It is hoped that the defendants' understanding of the impact their behavior could have had will be long lasting.

CHIEF HERTMAN: thanks to all who helped; various fire districts; residents should be prepared for emergencies. Cameras on Patio Road have a glitch. But will be working soon.

ED. SMITH: no comments

JOHN LIPPERT: thanks the Employees of the Month(s)

SUPERVISOR WARD: the Town Board will be going to executive session after the public participation

PUBLIC PARTICIPATION

M. Cody; thanks to Water and highway departments; Chicken barbecue will be Sept. 5th; On Sept. 11th there will be a Memorial at 7 PM; Nov. 8th the second section of the wall will be dedicated.

A. George; flooding issue on Silverlake Road

N. Guenste; discussed blackout; garbage; senior apts; IDA issues; campaign contributions

L. Helbeck; employee of the month; blackout & air conditioner

M. Paduch; master plan fees, Circleville improvements

W. Cappozella; homeless shelter

K. Mulqueen; new town hall

V. Ferri; budget transfers, veterans, IDA, attorney conflict of interest, school buses

Mr. Valentin: states that Mr. Ferri's actions contradict Buddhist principles

G. Green; thanks Mr. King for getting things moving regarding shut down of C.M. & Sons

C. Najac; C.M. gravel; building permits; weeds on ballard Road

N. Hermann; building issues

N. Guenste; garbage commission?

SUPERVISOR WARD: no real commission

MOTION BY: Mr. Ward to go to executive session at 10:20 PM

SECONDED BY: Mr. Depew

Supervisor Ward -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman King -- Voting Aye

Councilman McLean -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED.


MOTION BY: Mr. Ward to adjourn at 10:45 PM

SECONDED BY: Mr. McLean

Supervisor Ward -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman King -- Voting Aye

Councilman McLean -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED.


Meeting Adjourned at 10.45 PM

_________________________
Jeanne M. Gervasi, Town Clerk