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November 13, 2003

The Town Board of the Town of Wallkill held a public hearing on November 13, 2003 at 7:25 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, John Lippert, Superintendent of Public Works, S. McLaughlin, Attorney for the Town and Louisa Ingrassia, Deputy Town Clerk.

MS. INGRASSIA: Please take notice that a public hearing will be held by the Town Board of the Town of Wallkill on November 13, 2003, at 7:25 PM at Wallkill Town Hall, 600 Route 211 East, Middletown, NY regarding the establishment of an amended rate schedule for garbage pickup fees within the Town of Wallkill. Said amended rate schedule to be established by the Town Board by resolution, as provided for in Section 200-12A of the Town Code.

Any resident of the Town of Wallkill is entitled to be heard upon said proposal at the above time and place. Please take further notice that the environmental significance of the proposed resolution, if any, will be reviewed at said public hearing.

Dated: October 9, 2003

SUPERVISOR WARD: explains information on refuse collection charges.

COUNCILMAN DEPEW: thanks to Mr. Ward for information regarding this and wants to keep public hearing open.

COUNCILMAN McLEAN: Senior citizen rates?

SUPERVISOR WARD: proposing a 10% senior reduction but this needs to be discussed further with the haulers.

COUNCILMAN VALENTIN: annual bulk pick up will not be affected.


PUBLIC COMMENTS

M. Cody; recycling questions

E. Rissmeyer; questions regarding the senior rate; he is currently being overcharged.

V. Ferri; questions about haulers, landfill, needs refund


MOTION BY: Mr. Ward to leave public hearing open at 7:40 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.


The Town Board of the Town of Wallkill held a regular meeting on November 13, 2003 at 8:00 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, John Lippert, Superintendent of Public Works, S. McLaughlin, Attorney for the Town and Louisa Ingrassia, Deputy Town Clerk.

Pledge of Allegiance led by Councilman Valentin


CORRESPONDENCE

To: Town Board Members
From: Andrea Soll

Re: New Hire

Enclosed please find the Investigative Report done for Joanne Biondo including a copy of her license, 19-A Certification and various other documentation.

I would like to recommend her for appointment as a part time bus driver commencing as soon as she successfully completes the required pre-employment testing done by Partners In Safety.

Your prompt attention to this matter is appreciated.

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: William Phillips

Re: Surplus Equipment Sale

Permission is hereby requested to declare the following piece of equipment as surplus:

1994 Oldsmobile Cutlass- serial number 1G3WH55M4RD358557

With your authorization, we will advertise this vehicle in the legal notice section of the Times Herald Record. Thank you for your consideration of our request.

SUPERVISOR WARD: minimum bid of $250; mileage 115,470, has not been used for at least two years.

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: Supervisor Ward & Town Board members
From: John Lippert

Permission is hereby requested to advertise and solicit bids for the following highway materials to be purchased in the year 2004:

1) Culvert pipe
2) Fuel oil for heating
3) Fuel oil for diesel equipment
4) Gasoline
5) Crushed stone
6) Crushed gravel
7) Chain link fence
8) Geotextile fabric
9) K-crete trench backfill
10) Precast concrete catch basins
11) Manhole and catch basin risers
12) Cast iron frames and grates
13) Guide rail

With your authorization, we plan to advertise our Notice to Bidders in November, and to publicly open the bids at 2:00 PM on Tuesday December 2, 2003.

Should you have any questions, please do not hesitate to contact me.

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: Town Board
From: John Lippert

Re: Stone School House Road Culvert Bid

I am requesting authorization to solicit bids for a replacement aluminum box culvert for Stone School House Road near 17K. The old concrete and stone culvert is cracked and the headwall on one side is separating. The installation of the new culvert will most likely be done by in house staff.

Funds are available in this year's budget, the total purchase price of the culvert is estimated at $28,000.00. This replacement should be undertaken as soon as possible to minimize any safety hazards.

I have enclosed a copy of our engineer's evaluation for your review. Thank you for your consideration.

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.


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 October 23, 2003 at 7:20 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, establishing Residential Lot Widths and Depths in Certain Districts; and

WHEREAS, notice of said public hearing was duly advertised in Times herald Record, the official newspaper of said Town, on October 13, 2003; and

WHEREAS, said public hearing was duly held on October 23, 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, 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. 13, entitled A Local Law Amending the Code of the Town of Wallkill, New York, Establishing Residential Lot Widths and Depths, 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. 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 has determined that it is in the public interest to develop a new well field on lands presently owned by Gwen Samuels, and

WHEREAS, in connection with the new well field and easement for the water mains must also be secured over lands of Joan Lesko, Gwen Samuels, Janice Wolfson, Felicia Grolley and Sharon Lesko, and

WHEREAS, Eustance & Horowitz, PC has completed the necessary surveys of the well field parcel and the easement, and

WHEREAS, after good faith efforts on the part of the Town, the Town has been unable to acquire the necessary lands by purchase, and

WHEREAS, it is now appropriate for the Town to condemn the property, and

WHEREAS, such an action is subject to the State Environmental Quality Review Act, now

THEREFORE, BE IT RESOLVED as follows:

1. That the Town does hereby authorize the acquisition of the lands described in Schedules annexed hereto, Schedule A being the well site and Schedule B being the easement.
2. That the Town Board having received an Environmental Assessment Form declares itself to be Lead Agency in connection with an uncoordinated review in accordance with the SEQR regulations.
3. That the Town Board does hereby call a public hearing to be held at the Town Hall, 600 Route 211 East, Middletown, NY, at 7:20 o'clock PM, on the 11th day of December, 2003 for the purposes of complying with the applicable provisions of the Eminent Domain Procedures law and directs that notice of the public hearing be mailed certified mail return receipt requested to the owners of the subject parcels.

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, 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 March 13, 2003 at 7:20 PM at Town Hall, 600 Route 211 East to hear all interested parties on a proposed Local Law entitled A Local Law Extending The Use of the Agricultural Value Assessment To Levies on Behalf of Fire Districts; and

WHEREAS, notice of said public hearing was duly advertised in Times Herald Record, the official newspaper of said Town, on March 4, 2003; and

WHEREAS, said public hearing was duly held March 13, 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, 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. 14, entitled A Local Law Extending The Use of the Agricultural Value Assessment to Levies on Behalf of Fire Districts; 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. King

Supervisor Ward -- Voting Aye

Councilman Valentin -- Voting Aye

Councilman King -- Voting Aye

Councilman McLean -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED.


RESOLVED, that the clean up costs of delinquent properties submitted to the Town Board by the Town Clerk from the Department of Public Works pursuant to Local Law 6 of the year 1994 shall be filed with the Orange County Legislature by the Supervisor so that the County Legislature shall levy such sums against the property which is liable for said delinquent clean up costs and shall state the amount of the tax in a separate column in the annual tax rolls for the year 2004, and it is further

RESOLVED, that a copy of this resolution with the statement of clean up costs shall be immediately transmitted to the Clerk of the Orange County Legislature for immediate action.

Total amount to be collected $2,971.19

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.


RESOLVED, that the delinquent water statements submitted to the Town Board by the Town Clerk from the Water Department pursuant to Town Law Sect. 198-3 (d) shall be filed with the Orange County Legislature by the Supervisor so that the County Legislature shall levy such sums against the property which is liable for said delinquent water statements and shall state the amount of the tax in a separate column in the annual tax rolls for the year 2004, and it is further

RESOLVED, that a copy of this resolution with the delinquent water statements shall be immediately transmitted to the Clerk of the Orange County Legislature for immediate action.

Total amount to be collected $374,508.91

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, that the official undertaking of Public Employees Blanket Bond for the Town of Wallkill for the period beginning January 1, 2004 is approved as to its form, manner of execution and sufficiency of surety, and its approval shall be endorsed upon said Blanket Bond.

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 general release agreement between the Town and George Tyndall upon his resignation from the Town of Wallkill Police Department under conditions described in said release.

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.


MOTION BY: Mr. Ward to set a special meeting for November 24 at 5PM to pay bills.

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.


COMMITTEE REPORTS

COUNCILMAN KING: Leaves can be dropped off at highway dept.; Master Plan meeting with Planner and public to be scheduled; Town Board will meet with Planner and Planning Board in near future. At the water & sewer meeting a lot of information was gathered.

COUNCILMAN VALENTIN: Bagged leaves can also be picked up. Girls college showcase (soccer) was a huge success. Boys showcase is this weekend; all board members should stop by to see activities. Front entrance is complete and it looks great.

COUNCILMAN McLEAN: contract is done; Human Rights Committee meeting will be on November 19 at the Holiday Inn.

COUNCILMAN DEPEW: leaf pickup going well; Code Review meeting at 7:30. Park entrance looks great. Master Plan needs a fourth ward member.

COUNCILMAN COMMENTS

COUNCILMAN KING: alarming amount of development on Silver Lake Road.

COUNCILMAN VALENTIN: Kingston starting a landlord registry; absentee landlords; registry with contractors and builders. Mr. Ward sent letters to haulers about refunds for overcharge. Met with Planning Board Chairman and engineer on projects in the works. Scotch Valley- 44 homes, Cottage St. Ext.-240 homes, Wallkill Manor- 184 homes, Golden Triangle 150 homes. Mud Mills Road- 500 homes; no sidewalks in a lot of these areas. Regarding the no parking on Mud Mills Road, a resident pointed out that the Son of Sam was caught by parking in a No Parking Zone. Thanks for having faith in him during this year's election.

COUNCILMAN McLEAN: thanks to 3rd ward residents. Sewer job is the last to be completed. Every hydrant will be repaired. Thank you to Town board members and good luck to Mr. Mulqueen.

COUNCILMAN DEPEW: has learned a lot from Mr. McLean and wishes him good luck. Will be sending the building inspector out to Jay's Bungalow to review. Went with Mr. King to Ag. Report meeting; received a lot of interesting information. Ask for local produce at your retailer. $200 in gift certificates from the Galleria for the fly-fishing programs. Thanks to Galleria. Will be meeting with the local school districts to discuss concerns. Received letter from Martha Luger regarding handicapped parking violators; they should be made to spend 48 hours in a wheelchair. Will be forwarding letter to the judges.

SUPERVISOR COMMENTS

SUPERVISOR WARD: thanks to voters for support on Nov. 4th. He has a new granddaughter- Paige. Attended Academy of Finance Dinner on Oct. 30th, two interns worked in the Town hall last summer; they were good workers. Received third quarter sales tax in the amount of $634,025.28. The tax for the county will be increasing .28 per thousand. Child seat fitting will be at the Circleville Fire Station on Nov. 23 and Dec. 13 from 10-2 PM. The MKA project is a long way from happening.

CHIEF HERTMAN: Department has full staff; DARE officer will start in January at no cost to the Town.

MR. SMITH: Justin Rossi working towards Eagle Scout Award; spray painted 'Do Not Dump on Storm Drains'- 300 storm drains painted.

MR. LIPPERT: golf course is still open

PUBLIC PARTICIPATION

M. Cody; nice Halloween party, looking for donations for the Santa parade on Nov. 28 at 5PM- Santa arrives

V. Ferri; library district ag. Exemptions; landlord registry; garbage issues

D. Reid; building issues, FOIL issues, unanswered letters

N. Guenste; web site issues, Route 17 issues; retirement amount, Golden Triangle issue, Galleria issue

SUPERVISOR WARD: explains budget issue

M. Walker; tax exempt for veterans; national debt

M. Paduch; sales tax revenues; Master Plan money available

N. Hermann; James Clark Drive, building issues

K. Mulqueen; budget issues

S. Labruna; contractor database, no parking zones, sidewalks

M. Cody; people walking on Rt. 17 issues

V. Ferri; trailers at the Galleria site; judge is a felon

N. Guenste; budget issues, read letter regarding conservation

M. Walker; human rights questions

D. Reid; building issue

N. Hermann; building issue


MOTION BY: Mr. Ward to adjourn and audit claims at 9:48 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 9:48 PM

_________________________
Jeanne M. Gervasi, Town Clerk