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