September 11,
2003
The Town Board of the Town of Wallkill held a regular meeting
on September 11, 2003 at 8:45 PM at the Town Hall, 600 Route
211 East, Middletown, NY. Present were Supervisor Ward, Councilman
Valentin, Councilman King, Councilman McLean and Councilman
Depew. Also present were Ed. Smith, Superintendent of Water
and Sewer, Robert Hertman, Chief of Police, George Tyndall,
Deputy Chief, S. McLaughlin, Attorney for the Town and Louisa
Ingrassia, Deputy Town Clerk.
Pledge of Allegiance led by Mr. Sean Ryan
SUPERVISOR WARD: presented certificate thanking him for his
service.
MOTION BY: Mr. Ward to accept minutes of August 28, 2003 meeting
SECONDED BY: Mr. King
Supervisor Ward -- Voting Aye
Councilman Valentin -- Voting Aye
Councilman King -- Voting Aye
Councilman McLean -- Voting Aye
Councilman Depew -- Voting Aye
MOTION CARRIED.
CORRESPONDENCE
To: Mr. Ward
From: Daniel P. Yanosh, L.L.S.
Re: Zoning Change
Lands of Michael Fruchter
295 Goshen Turnpike
Tax Map Section 1, Block 1, Lot 35
I will be representing Michael Fruchter in his request for
a change in the Zoning for a portion of his property located
on Goshen Turnpike. The property is currently located in the
PID Zone. There is an existing single family home located on
this property, which has frontage on Goshen Turnpike. The request
is to change this property to RA Zone.
The property which we wish to change the zoning on is adjacent
to the existing RA Zone. If this Zone change is granted, we
will then propose a lot residential subdivision for the property.
Please place on your next available agenda for your review
and subsequent referral to the Planning Board.
MOTION BY: Mr. Ward to refer to the Planning Board
SECONDED BY: Mr. King
Supervisor Ward -- Voting Aye
Councilman Valentin -- Voting Aye
Councilman King -- Voting Aye
Councilman McLean -- Voting Aye
Councilman Depew -- Voting Aye
MOTION CARRIED.
To: Mr. Ward
From: Daniel P. Yanosh, L.L.S.
Re: Zoning Change
Lands of Richard F. Cappeluzzo
Town of Wallkill
Section 81, Block 2, Lot 1.1 & 1.2
I will be representing Richard F. Cappeluzzo in his request
for a zone change in the Zoning for the above mentioned property.
Mr. Cappeluzzo lives at 188 Stoney Bar Road, Slate Hill, New
York, and has owned the property since 1974. The property is
currently located in the M-I Zone. The request is to change
the property to the R-2 Zone which surrounds this property.
If this change is granted, Mr. Cappeluzzo will submit plans
for a realty subdivision for single family homes on the property.
Please place this on your next available agenda for your review,
and subsequent referral to the Planning Board.
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.
To: Supervisor Ward
From: Dorothy Hunt- Ingrassia, Town Historian
I have received quotes from Winner's Circle for two plaques
to be placed with the Wallkill River Bridge Dedication Plaques
that have been restored.
For an outdoor plaque 18 x 14 with the Town's logo, the cost
will be $1200 each. For an outdoor plaque, without the logo,
the cost will be $850.00 each. For a 9 x 12 indoor plaque,
that may discolor due to weather conditions, the cost will
be $80.00.
I personally feel that $1200 for each plaque is too expensive.
An indoor plaque has been used for outdoor purposes and the
owner of Winner's Circle has received no complaints.
Please advise.
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.
To: Supervisor John Ward
From: Thomas Earl Mincer, Counsel for the Rosado Group, Milford
Chrysler Sales
Subject: Middletown Pontiac/Buick/GMC- Sam's Club/ member
services promotion
Attached please find a proposal for a promotion to be held
in the Sam's Club parking lot. Sam's Club/Member Services have
approached us, because of the success of the Dunning Farms
promotion, to hold an event in their parking lot. Sam's Club
Member Services liked the look and professional nature of our
promotion, and are looking to tie into the community through
our dealership. We are also looking to work with some of the
local youth organizations to cross promote the event with fundraisers
for the kids.
We appreciate all of the help and consideration provided to
us in last promotion, we look forward to working with Wallkill
to provide professional and exciting events to the community.
We at Middletown Pontiac would respectfully request permission
from the Town Board of Wallkill to hold the promotion as detailed
in the attached proposal, further, we would ask that this matter
be placed on the September 11, 2003 agenda for the boards consideration.
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.
To: John Ward
From: Michael and Nancy Hufcut
We are writing requesting approval from the Town of Wallkill
Board to re-establish an existing trailer.
Our family currently lives in a trailer (established some
thirty years ago) on 1.5 acres, in which we own, located on
Hufcut Road in the Town of Wallkill. We would like to replace
this fabrication with a new trailer. The approval of the Town
Board to commence with this project would considerable improve
our property.
We ask that the Board will examine our request as soon as
possible.
We look forward to hearing from you.
MOTION BY: Mr. Ward
SECONDED BY: Mr. King
Supervisor Ward -- Voting Aye
Councilman Valentin -- Voting Aye
Councilman King -- Voting Aye
Councilman McLean -- Voting Aye
Councilman Depew -- Voting Aye
MOTION CARRIED.
To: Mr. Robert Hertman
From: Edith Marquez, Town of Wallkill Seniors
We'd like to thank you for coming to our Senior meeting last
week. You gave us some valuable information and answered all
our questions. We really did appreciate you being there.
SUPERVISOR WARD: received a letter from John Call regarding
the placement of a new mobile home on 7.2 acres on Derby Road.
It was tabled for discussion and we are now ready to vote
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.
To: Supervisor Ward
From: Potter Brothers Ski and Patio
I am writing to request permission once again to put up two
tents in my parking lot at 285 Route 211 for two fall sales,
September 19-21 and October 17-19. I am also sending the tent
company info plus certificate of flame resistance. The tent
size is 40' x 80'. Hopefully this request can be granted as
it is vital for the success of my events.
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.
To: Officer Besser
From: Belle Russell, Executive Director, Boys & Girls Club
We would like to thank you for taking the time to spend the
day with us and for speaking to the campers about safety. We
are sure that everyone enjoyed the day.
Thank you again.
SUPERVISOR WARD: read the following
The Rotary Club of Middletown will host its 60th annual Charity
Horse Show at the Rotary Ring at Fancher Davidge park in Middletown
on Sunday, September 21, 2003.
The horse show is open to the public and free of charge. The
festivities begin at 8:00 am and continue until the late afternoon.
Coordinated by the Orange County Horse Council, this event
features competitive riding activities in both Western and
English divisions.
The Rotary Club of Middletown Charity Horse Show is one of
two special events conducted by the Rotary Club of Middletown
held annually to raise funds for local organizations. Rotary
beneficiaries include: the Boy Scouts, the Girl Scouts, Lower
Hudson Interactive Museum, Inspire-CP Center, McQuade Children's
Services, Middletown Day Nursery, Middletown and Minisink Little
Leagues, Project DARE, Occupations and the Salvation Army.
The Rotary Club of Middletown also funds scholarships to graduates
of Middletown High School, Minisink Valley High School amd
students of Orange County Community College.
For more information about the Rotary Club of Middletown Charity
Horse Show, or to participate as a sponsor, please contact
Karen C. Miller at 344-9416.
SUPERVISOR WARD: Chief Hertman has recently acquired five
(5) new candidates for the vacant positions of Police Officer.
The following are the new Officers who will be sworn in:
Christopher Blackwell
Kevin Halsey
Carol Jewell
James Barnett
Shawn McKenna
RESOLUTIONS
WHEREAS, petition has been made to the Town of Wallkill for
the establishment of a drainage district in the proposed subdivision
known as Heritage Hills in the Town of Wallkill, and
WHEREAS, said petition has been deemed sufficient by this
Board; and
WHEREAS, the Town Board of Wallkill is empowered by the State
under NYS Town Law §194 to establish special drainage
districts in the Town that it determines to be in the best
interest of the public welfare of its citizens; and
WHEREAS, this Board has determined that all property and property
owners within the proposed district will be benefited thereby;
and
WHEREAS, this Board did hold a public hearing regarding the
establishment of a drainage district within Heritage Hills
Subdivision on August 28, 2003, at 7:20 PM at the Town hall,
600 Route 211 East, Middletown, NY 10940; and
WHEREAS, said establishment of drainage districts has been
determined to be a Type II action under the State Environmental
Quality Review Act (SEQRA) criteria; now
THEREFORE BE IT RESOLVED as follows:
That the Wallkill Town Board hereby declares the establishment
of drainage district in the proposed subdivision known as Heritage
Hills as a Type II Action under the State Environmental Quality
Review Act (SEQRA) criteria; and
That the Wallkill Town Board hereby establishes a drainage
district in the proposed subdivision known as Heritage Hills;
and
That the Town Clerk be directed to file a certified copy of
this resolution with the office of the state department of
audit and control at Albany, NY, together with all appropriate
signatures where needed; and
All boards, agencies, departments and contracted professionals
of the Town of Wallkill are hereby authorized and directed
to effect or otherwise facilitate the implementation of said
District.
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.
WHEREAS, petition has been made to the Town of Wallkill for
the establishment of a lighting district in the proposed
subdivision known as Heritage Hills in the Town of Wallkill,
and
WHEREAS, said petition has been deemed sufficient by this
Board; and
WHEREAS, the Town Board of Wallkill is empowered by the State
under NYS Town Law §194 to establish special lighting
districts in the Town that it determines to be in the best
interest of the public welfare of its citizens; and
WHEREAS, this Board has determined that all property and property
owners within the proposed district will be benefited thereby;
and
WHEREAS, this Board did hold a public hearing regarding the
establishment of a lighting district within Heritage Hills
Subdivision on August 28, 2003, at 7:15 PM at the Town hall,
600 Route 211 East, Middletown, NY 10940; and
WHEREAS, said establishment of lighting districts has been
determined to be a Type II action under the State Environmental
Quality Review Act (SEQRA) criteria; now
THEREFORE BE IT RESOLVED as follows:
That the Wallkill Town Board hereby declares the establishment
of lighting district in the proposed subdivision known as Heritage
Hills as a Type II Action under the State Environmental Quality
Review Act (SEQRA) criteria; and
That the Wallkill Town Board hereby establishes a lighting
district in the proposed subdivision known as Heritage Hills;
and
That the Town Clerk be directed to file a certified copy of
this resolution with the office of the state department of
audit and control at Albany, NY, together with all appropriate
signatures where needed; and
All boards, agencies, departments and contracted professionals
of the Town of Wallkill are hereby authorized and directed
to effect or otherwise facilitate the implementation of said
District.
MOTION BY: Mr. Ward
SECONDED BY: Mr. Valentin
Supervisor Ward -- Voting No
Councilman Valentin -- Voting Aye
Councilman King -- Voting No
Councilman McLean -- Voting Aye
Councilman Depew -- Voting No
MOTION DEFEATED.
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 August 28, 2003 at 7:25 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, County of Orange, New York, and
WHEREAS, notice of said public hearing was duly advertised
in Times herald Record, the official newspaper of said Town,
on August 15, 2003; and
WHEREAS, said public hearing was duly held on August 28, 2003
at 7:25 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. 9, entitled A
Local Law Amending the Zoning Code of the Town of Wallkill,
New York, which establishes minimum lot size and minimum set
backs for the keeping of horses in an R-2 Zone, herein attached
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. King
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 recognizes
the critical importance of the use of exclusive street names
within the Town for purposes of efficient dispatch in times
of emergency; and
WHEREAS, the Orange County E-911 system requires exclusivity
of street names within a municipality for efficient dispatch;
and
WHEREAS, there exists within the Town's Fourth Ward a Beakes
Avenue, a Beakes Street, and a Beakes Road;
THEREFORE BE IT RESOLVED, by the Town Board of the Town of
Wallkill that the street known as "Beakes Avenue" is
hereby changed to "Barra Avenue", with the direction
that all street signs, maps, and relevant allusions within
the Town from here on after be amended according to this change.
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, the Town of Wallkill, in due diligence in compliance
with the laws of the State of New York and in compliance
with the rules set forth by the U.S. District Court in its
Consent Decree relative to the Wallkill Police Department,
canvassed and/or interviewed those individuals who are on
the current civil service list for Police Officer; and
WHEREAS, applying both the New York State Civil Service standards
of selection as well as the requirements of the Federal Consent
Decree, at least five individuals from said Civil Service list
have been found eminently qualified in knowledge, skill and
experience and have indicated acceptance of appointment to
said position; now
THEREFORE, BE IT RESOLVED that the Town of Wallkill Town Board
hereby appoints Christopher Blackwell, Kevin Halsey, Carol
Jewell, James Barnett and Shawn McKenna to the position of
full time Police Officers in the Town of Wallkill Police Department
in accordance with New York State Civil Service Law and according
to the parameters set by the Federal Consent Decree.
By Order of the Town Board of the Town of Wallkill, 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, Clubside, Inc. has instituted an action in the United
States District Court for the Southern District of New York
against the Town of Wallkill, current employees and past
employees, and
WHEREAS, pursuant to the Code of the Town of Wallkill the
Town Board is empowered to provide council in these circumstances,
now
THEREFORE, BE IT RESOLVED, that the Town Board does hereby
authorize these employees to secure counsel at the Town's expense
to defend them in the Federal Court Action referred to above.
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: met with the Planners; meeting in near future;
should be wrapped up in four to six months.
COUNCILMAN VALENTIN: Foster & Conners Road work is completed;
golf course web site is almost up and running. Challenger program
has a few openings. Congratulations to new officers.
COUNCILMAN McLEAN: met with union; finalizing contract negotiations;
should be complete by end of month.
COUNCILMAN DEPEW: Oct. 23- pumpkin carving; Oct. 24- hayrides
at the golf course for Halloween; accepting donations. Shawangunk
kill meeting 12 PM on September 15. Don Kimble made a quick
recovery.
COUNCILMAN COMMENTS
COUNCILMAN KING: thanks to everyone who set up Memorial Service;
hopes we will remember this day.
COUNCILMAN VALENTIN: thoughts to all who suffered loss; God
bless us all.
COUNCILMAN McLEAN: impressed with attendance at Memorial service.
Quality of life issues in Canterbury Knolls; asked Deputy Chief
and parking enforcement to check on area. Discussed speeding
on Silver lake- Scotchtown road.
COUNCILMAN DEPEW: Water and sewer testing has begun, Mr. Smith
hopes for rain. Thanks to Gary Lake and Dot Hunt-Ingrassia
for plaque restoration. Thanks to C. Berry and C. Romer for
working on weeds at Jays bungalows. Thanks to Tom Dempsey;
Bloomingburg FD. Wes LaBagh passed away this week. Thanks to
Mike Cody and all who participated tonight at memorial.
SUPERVISOR COMMENTS
SUPERVISOR WARD: new feature on web site; bulk pick up poll.
Public hearing will be held on October 8, 3-4:30 and 7-8:30
PM regarding Exit 122. Remember and thank all who served. Mr.
Lippert had a family emergency and could not be here.
CHIEF HERTMAN: October 24th; crime prevention at pumpkin carving;
received a grant for kid safe gun locks; free to the public;
$750 grant from STOP DWI; will use it to purchase a radar gun
ED. SMITH: no comments
MR. TYNDALL: no comment
COUNCILMAN VALENTIN: adds that the Town has spent all the
grant money but the work is not completed.
PUBLIC PARTICIPATION
V. Ferri; Clubside questions, Santemma legal fees; website;
building inspector; IDA issues
T. Mincer; Rosado Group thanks Town for helping their company;
will pass on to the community
N. Guenste; building department issues; Pilot- Wallkill Living
Center
S. LaBruna; lighting district- should have lights in new subdivision
N. Hermann; C & M; James Clark Drive; building department
issues
V. Ferri; IDA- retail does not qualify; building issues
N. Guenste; gas tanks at old Rt. 17M gas station; flammable
tankers on Fair Oaks Road
MOTION BY: Mr. Ward to adjourn at 10:15 PM
SECONDED BY: Mr. King
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 10:15 PM
_________________________
Jeanne M. Gervasi, Town Clerk
