Town Board Meeting 10-9-03 Page 1 of 1

October 9, 2003

The Town Board of the Town of Wallkill held a regular meeting on October 9, 2003 at 7:30 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, George Tyndall, Deputy Chief of Police, John Lippert, Superintendent of Public Works, S. McLaughlin, Attorney for the Town and Louisa Ingrassia, Deputy Town Clerk.

Pledge of Allegiance led by Mr. Valentin

MOTION BY: Mr. Ward to enter into an executive session to discuss a personnel matter at 7:40 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.

MOTION BY: Mr. Ward to close executive session at 7:59 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.

MOTION BY: Mr. Ward to accept minutes of September 11, 2003 Board meeting

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.

CORRESPONDENCE

To: Richard Bell, Thrall Library
From: John F. Ward, Supervisor

I am writing to you regarding the vote for the Thrall Library that was held on October 7, 2003. The Town of Wallkill Town Board and I are very concerned that there were no -- Voting sites within the Town of Wallkill.

In the past, Thrall Library has had -- Voting sites within the Town of Wallkill for Town residents, why the deviation for this vote? Also, we would like to know why this vote was not advertised so that the citizens would be aware that the vote was taking place and where they would be able to go to vote.

Please advise the Town of Wallkill Town Board of future votes for Thrall Library and what the plans are for the Town.

To: Dan Depew
From: Nancy Wilson

At this time I am unable to continue to serve on the Master Plan Review Committee.

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: Mr. Ward
From: Home Depot

We are looking to place a tent 40’ x 80’ in the front middle parking lot, for 30 days. Hours are Monday through Saturday 9am – 9pm and Sunday 9am to 7pm. The tent will come with private security. Dates are from October 21 – November 20.

This tent will be used to sell carpet and area rugs. We are sorry for the short notice but would like to request that you make your decision as soon as possible.

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 F. Ward, Supervisor
From: Marisa Ellis, Waste Management

Waste Management is in receipt of your letter dated September 29, 2003. At this time, Waste Management is reviewing all accounts within the Town of Wallkill. We expect to have more information to review with the Town by November 1, 2003.

In the mean time if you have any questions in regard to this matter, please contact me at 845-469-8407

To: Supervisor Ward
From: Anne M. Coon, Orange Co. Senior Games Committee

On behalf of the Orange County Senior Games Committee, I thank you for your generous support. The Games were very successful this year, reaching new seniors all over our County and encouraging the active lifestyle we all know leads to a happy and fulfilling “Golden Age”. We were able to realize an increase in participation from the entire County including our Middletown events and more participation from Middletown senior. Participation topped 600, despite some nasty weather.

We thank you for allowing the Games to include the Swing Dance event at the Wallkill Community Center. It was a very nice adjunct to the Games.

We look forward to working with you again on the 2004 Senior Games, our 21st year!

To: John Ward
From: Any Ackermann, Town of Wallkill Little League

The Town of Wallkill Little League season has come to a close. As always the support that we receive from the entire board of the Town of Wallkill contributed to its success.

As you know from previous years, after the season is over the league officials walk through the complex identifying not only wish list items but also things throughout the park that need to be repaired. The following are the issues:

SENIOR BOYS FIELD:
All fences are rolling up on the first and third base sides. (Previously we used bent rebar however this does not work)
Telephone poles installed to eliminate loss of balls
Outfield drainage installed
Electric run for new scoreboard

MAJOR BOYS FIELD:
Bleachers installed on third base side
Align left field foul pole
New pitchers mound
Bury or reseat the first place dugout fence
Outfield drainage

GIRLS SOFTBALL:
Realign and repair gate in right field
Outfield drainage

TBALL/MINOR B:
Dugouts and benches

COMPLEX:
Additional picnic benches throughout
Touch up paint where needed
Edge all field grass
Remove net over snack bar and minor field and reinstall next year
Distribute mulch under all bleachers
Install yellow safety protectors on top of all outfield fences
Seed, fertilize and aerate all outfields
Rototill all infields and install conditioner
Pavilion completed

MINOR A FIELD:
Drainage system installed in the infield (only field not done this year)
Drainage in the outfield

Any questions or concerns please feel free to contact me personally

SUPERVISOR WARD: refer this to Mr. Lippert & Parks Department for review

To: Mr. Ward
From: Ted Henderson

My name is Ted Henderson and I reside at 180 Derby Road, Middletown. I am writing in reference to be given permission for a temporary relocation of my pre-existing home. We would like to relocate the trailer to the right rear portion of my property while our new modular is being constructed. The excavator and builder has already assessed the property and determined that relocating it to the rear of the property would be out of the way and easy to remove without causing any problem. It will be removed within six weeks from the time we get the c/o to move in. I would greatly appreciate you granting my request for the temporary relocation of our trailer during this construction phase.

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

Supervisor Ward -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman King -- Voting Aye

Councilman McLean -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED.

RESOLUTIONS

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 September 25, 2003 at 7:10 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, Establishing Shed Setback Exception; and

WHEREAS, notice of said public hearing was duly advertised in Times Herald Record, the official newspaper of said Town, on September 12, 2003; and

WHEREAS, said public hearing was duly held on September 25, 2003 at 7:10 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.

BE IT RESOLVED, that the Town Board of the Town of Wallkill hereby adopts said Local Law No. 10, entitled A Local Law Amending the Zoning Code of the Town of Wallkill, Establishing Shed Setback Exception, 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 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 September 25, 2003 at 7:15 PM at Town Hall, 600 Route 211 East to hear all interested parties on a proposed Local Law entitled A Local Law Amending the Code of the Town of Wallkill, Establishing Exceptions For Building Code Permits; and

WHEREAS, notice of said public hearing was duly advertised in Times Herald Record, the official newspaper of said Town, on September 12, 2003; and

WHEREAS, said public hearing was duly held on September 25, 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, 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.

BE IT RESOLVED, that the Town Board of the Town of Wallkill hereby adopts said Local Law No. 11, entitled A Local Law Amending the Code of the Town of Wallkill, New York, Establishing Exceptions For Building Code Permits, and be it further

RESOLVED, that the Town Clerk be and she is hereby 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 State of New York.

MOTION BY: Mr. Ward

SECONDED BY: Mr. Depew

Supervisor Ward -- Voting No

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 September 25, 2003 at 7:120 PM at Town Hall, 600 Route 211 East to hear all interested parties on a proposed Local Law entitled A Local Law Amending the Code of the Town of Wallkill, New York, Regarding Solid Waste Collection; and

WHEREAS, notice of said public hearing was duly advertised in Times Herald Record, the official newspaper of said Town, on September 12, 2003; and

WHEREAS, said public hearing was duly held on September 25, 2003 at 7:20 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, 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.

BE IT RESOLVED, that the Town Board of the Town of Wallkill hereby adopts said Local Law No. 12, entitled A Local Law Amending the Code of the Town of Wallkill, New York, Regarding Solid Waste Collection, 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 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.

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 the Circleville Volunteer Fire Company, Inc. for the purchase of Townley Hall, as being in the best interests of the Town and its residents.

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 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, IT IS HEREBY RESOLVED, that the town of Wallkill Town board hereby appoints Kim Parisi, Jose Alvarez, Thomas Kleveno, Robert McLymore and Michael Guedes 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.

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.

BE IT HEREBY RESOLVED by the Town Board of the Town of Wallkill that the Town of Wallkill Town Board hereby directs the Town of Wallkill Building Department to refund Building Permit application fees paid since January 1, 2003, for projects that are now exempt from building permit requirements under Local Law No. 11 of 2003.

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.

BE IT HEREBY RESOLVED by the Town Board of the Town of Wallkill that the Town of Wallkill town Board hereby directs that no parking zone be established on both sides of Mud Mills Road from Bisch Road to Maples Road and on Maples Road between Mud Mills and the point on Maples Road that crosses over the metro North Railroad tracks; and that the zone shall not include the parking of emergency vehicles.

TABLED.

MOTION BY: Mr. Depew to set public hearing on garbage rate for November 13, 2003 at 7:25 PM

SECONDED BY: Mr. Ward

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: Master Plan Review meeting, 7:30PM. Water Department will be flushing hydrants October 20 through November 2.

COUNCILMAN VALENTIN: cleanup of creek in Scotchtown is complete; work on new soccer field is ongoing. Parks department will set up to be completed.

COUNCILMAN McLEAN: personnel negotiations ongoing; changes to contract; contract should be ratified soon. Changes in the Planning Department; changes in the Building Department; carol Kelly has retired so please bear with new staff. Human Rights Commission has no volunteers; hoping to set up a round table with Goshen Human Rights.

COUNCILMAN DEPEW: accept Nancy Wilson’s resignation from Master Plan review. Thanks to Highway Department for work completed; hopes to resolve passing lane issues in the fourth ward. Thanks to Gary Lake for work on front entrance. Code Review and Code issues in Keystone Park are being addressed.

COUNCILMAN COMMENTS

COUNCILMAN KING: discussed Library budget vote; disappointed in turn out. Congratulations to Deputy Police Chief on underage liquor sales bust.

COUNCILMAN VALENTIN: no parking on Mud Mills Road is a positive thing; tabling this issue was not a good thing. Congratulates new officers; has concerns with speeding on Silver Lake Scotchtown Road.

COUNCILMAN McLEAN: agrees with Mr. Valentin about Mud Mills Road; concerns with speeding in the third ward also; library vote not very well publicized; will check to see if vote is valid.

COUNCILMAN DEPEW: library vote unjust; tow Wallkill trustees asked Mr. Ward to send letter to the Library Board. Thanks his grandparents for their support; they have been married for 57 years and wishes them the best. Galleria will provide fly fishing equipment. Sympathy goes to the Johnson family.

SUPERVISOR COMMENTS

SUPERVISOR WARD: sent letter to library voicing concerns. Five police officers brings us to 28 officers and sergeants. Speeding trailer is on the budget. County route 78 issue is a dead issue. Standard and Poor rating is A.

DEPUTY CHIEF TYNDALL: thanks Board for new officers. Thirteen out of seventeen stores are selling liquor to minors.

ED. SMITH: no comment

MR. LIPPERT: starting October 20- Crystal Run Road is being paved; please try to avoid the area for a few days.

PUBLIC PARTICIPATION

M. Cody; wants street closed for Christmas Party
N. Guenste; garbage issues, medical insurance up; budget issues
C. Squillace; submits petition regarding neighbor
W. Cappozella; police; budget; county route 78 issues
S. LaBruna; Ben Lomond issues
N. Guenste; Fair Oaks Road issues

MOTION BY: Mr. Ward to adjourn at 9:33 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 9:33 PM

_________________________
Jeanne M. Gervasi, Town Clerk