Town Board Meeting 11-14-02 Page 1 of 3

The Town Board of the Town of Wallkill held a public hearing on Thursday, November 14, 2002 at 7:15PM at the Town Hall, 600 Route 211 East. Board members present were Supervisor Ward, Councilman King, Councilman Valentin, Councilman McLean and Councilman Depew. Also present were Jeanne Gervasi, Town Clerk and Spencer McLaughlin, Attorney for the Town.

SUPERVISOR WARD: Will the Town Clerk please read the public hearing notice.

TOWN CLERK: WHEREAS, the Town Board of the Town of Wallkill (the “Town Board” and the “Town” respectively), in the County of Orange, New York, has received a duly filed petition by the Whitewater Corp. of Sugar Loaf, owner of a certain parcel of property to establish a lighting district within said parcel to be known as Mount Joy Estates; and

WHEREAS, said owner has proven to the satisfaction of the Town Board that it is the owner of all taxable and real property situated within said proposed district; that there are no resident owners on said proposed district; and that said proposed district is located wholly within the Town; and

WHEREAS, petitioner did submit a map and plans showing the boundaries of the proposed district, a general plan of the proposed lighting system, all outlets and the terminus and course of each electrical main and a Schedule showing the metes and bounds of the proposed district, said maps, plans and description having been prepared by engineers and surveyors licensed by the State of New York; and

WHEREAS, the cost for the design, construction, and maintenance of said lighting system is to be paid by the property owners with no cost accruing to the Town; and

WHEREAS, the maximum annual cost for the maintenance of said proposed district was set forth in a cost estimate attached to the petition as Schedule “B”, and

ORDERED, that a meeting of the Town Board of the Town be held at the Town hall, 600 Route 211 East, Middletown, NY 10940, in the Town, on the 14th day of November, 2002, at 7:15 P.M. to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law;

FURTHER ORDERED, that the Town Clerk publish at least once in Times Herald Record, a newspaper published in Middletown, NY, and hereby designated as the official newspaper of the Town for such publication, and posted on the signboard of the Town maintained pursuant to subdivision 6 of section 30 of the Town law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) days nor more than twenty (20) days before the date of such public hearing.

SUPERVISOR WARD: there is one light for approximately 12 homes

MOTION BY: Mr. Ward to close public hearing at 7:27 PM

November 14, 2002

SECONDED BY: Mr. Depew

Supervisor Ward: Voting Aye

Councilman King: Voting Aye

Councilman Valentin: Voting Aye

Councilman McLean: Voting Aye

Councilman Depew: Voting Aye

MOTION CARRIED

The Town Board of the Town of Wallkill held a public hearing on Thursday, November 14, 2002 at 7:27PM at the Town Hall, 600 Route 211 East. Board members present were Supervisor Ward, Councilman King, Councilman Valentin, Councilman McLean and Councilman Depew. Also present were Jeanne Gervasi, Town Clerk and Spencer McLaughlin, Attorney for the Town.

SUPERVISOR WARD: Will the Town Clerk please read the public hearing notice.

TOWN CLERK: WHEREAS, the Town Board of the Town of Wallkill (the “Town Board” and the “Town” respectively), in the County of Orange, New York, has received a duly filed petition by the Whitewater Corp. of Sugar Loaf, owner of a certain parcel of property to establish a drainage district within said parcel to be known as Mount Joy Estates; and

WHEREAS, petitioner did submit a map and plans showing the boundaries of the proposed district, a general plan of the proposed drainage system, all outlets and the terminus and course of each drainage main and a Schedule showing the metes and bounds of the proposed district, said maps, plans and description having been prepared by engineers and surveyors licensed by the State of New York; and

WHEREAS, the cost for the design, construction, and maintenance of said lighting system is to be paid by the property owners with no cost accruing to the Town; and

WHEREAS, the maximum annual cost for the maintenance of said proposed district was set forth in a cost estimate attached to the petition as Schedule “B”, and

November 14, 2002

ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 600 Route 211 East, Middletown, NY 10940, in the Town, on the 14th day of November, 2002, at 7:15 P.M. to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law;

SUPERVISOR WARD: any comments?

MOTION BY: Mr. Ward to close public hearing at 7:28 PM

SECONDED BY: Mr. Valentin

Supervisor Ward: Voting Aye

Councilman King: Voting Aye

Councilman Valentin: Voting Aye

Councilman McLean: Voting Aye

Councilman Depew: Voting Aye

MOTION CARRIED

The Town Board of the Town of Wallkill held a public hearing on Thursday, November 14, 2002 at 7:30 PM at the Town Hall, 600 Route 211 East. Board members present were Supervisor Ward, Councilman King, Councilman Valentin, Councilman McLean and Councilman Depew. Also present were Jeanne Gervasi, Town Clerk and Spencer McLaughlin, Attorney for the Town.

SUPERVISOR WARD: Will the Town Clerk please read the public hearing notice.

TOWN CLERK: PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Wallkill on November 14, 2002 at 7:25 PM at Wallkill Town Hall amending the Town Zoning Code which would establish set-back requirements for certain properties adjacent to cemeteries and burial sites either wholly or partially within the Town of Wallkill.

November 14, 2002

Any resident of the Town of Wallkill is entitled to be heard upon said proposed Local Law at such public hearing. Copies of said proposed Local Law are available for review at:

Wallkill Town hall
600 Route 211 East
Middletown, NY 10940

Please take further notice that the environment significance of the proposed Local Law will be reviewed at said public hearing.

Dated: October 24, 2002

Public Comments:

Rosemary Stark; concerns for property owner- 100 feet is excessive.

MOTION BY: Mr. Ward to close public hearing at 7:36 PM

SECONDED BY: Mr. McLean

Supervisor Ward: Voting Aye

Councilman King: Voting Aye

Councilman Valentin: Voting Aye

Councilman McLean: Voting Aye

Councilman Depew: Voting Aye

MOTION CARRIED

The Town Board of the Town of Wallkill held a public hearing on Thursday, November 14, 2002 at 7:37 PM at the Town Hall, 600 Route 211 East. Board members present were Supervisor Ward, Councilman King, Councilman Valentin, Councilman McLean and Councilman Depew. Also present were Jeanne Gervasi, Town Clerk and Spencer McLaughlin, Attorney for the Town.

SUPERVISOR WARD: Will the Town Clerk please read the public hearing notice.

TOWN CLERK: PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Wallkill on November 14, 2002 at 7:30 PM at Wallkill Town Hall regarding the adoption of a Local Law of the Town of Wallkill for the year 2002, which would amend the Zoning Code of the Town of Wallkill Section 249-19. R-

November 14, 2002

A Rural Agricultural District, subdivision D[1], to increase floor area minimum and to increase lot width, depth, and front and side yard setbacks of said section in said Code.

Any resident of the Town of Wallkill is entitled to be heard upon said proposed Local Law at such public hearing. Copies of said proposed Local Law are available for review at:

Wallkill Town Hall
600 Route 211 East
Middletown, NY 10940

Please take further notice that the environmental significance of the proposed Local Law will be reviewed at said public hearing.

Dated October 24, 2002

Public Comments:

Betty Fogarty; change of frontage in local law- against change from 150 feet to 250 feet

MOTION BY: Mr. Ward to close public hearing at 7:40 PM

SECONDED BY: Mr. King

Supervisor Ward: Voting Aye

Councilman King: Voting Aye

Councilman Valentin: 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 Thursday, November 14, 2002 at 8:05 P.M. at Town Hall, 600 Route 211 East, Middletown, NY. Board members present were Supervisor Ward, Councilman King, Councilman Valentin, Councilman McLean and Councilman Depew. Also present were Jeanne Gervasi, town Clerk and Spencer McLaughlin, Attorney for the Town.

MOTION BY: Mr. Ward to accept minute from meeting of October 24, 2002

SECONDED BY: Mr. King

November 14, 2002

Supervisor Ward: Voting Aye

Councilman King: Voting Aye

Councilman Valentin: Voting Aye

Councilman McLean: Voting Aye

Councilman Depew: Voting Aye

MOTION CARRIED

CORRESPONDENCE:

To: Supervisor Ward & Town Board members
From: Roseanne Sullivan, Vice President, Board of Education, Pine Bush Central School

Your resolution in honor of School Board Member Appreciation Week is very much appreciated. Our Superintendent of Schools RoseMarie Stark laminated the resolution and included it in a booklet of thank you letter and stories written by students throughout the district. It was presented to us at a surprise reception to honor our volunteer efforts.

Again, thank you. It is encouraging to know that we are appreciated by our town officials, especially those officials who represent my home town.

To: Supervisor Ward & Gary Lake, Planning Board Chairman
From: Richard D. McGoey, Town Engineer, McGoey, Hauser and Edsall

Re: Heritage Hills Performance Bond Estimate

Please be advised that we have reviewed the construction cost estimate for the Heritage Hills subdivision submitted to our office on 1 October, 2002 from Lanc and Tully. The construction cost estimate, a copy of which has been attached, is for Mulberry Run and Sycamore Ridge. The estimate for mulberry Run equals $459,876.50 and Sycamore Ridge, $284,440.00 for a total of $744,316.50.

On the basis of our review of this estimate, we would recommend that a Performance Bond be established for both Mulberry Run and Sycamore Ridge in the amount of $744,316.50

If you should have any questions in this matter, please contact our office.

MOTION BY: Mr. Ward SECONDED BY: Mr. McLean

November 14, 2002

Supervisor Ward: Voting Aye

Councilman King: Voting Aye

Councilman Valentin: Voting Aye

Councilman McLean: Voting Aye

Councilman Depew: Voting Aye

MOTION CARRIED

To: Supervisor Ward and Town Board Members
From: Carol Kelly

Re: Westage Office Building Bond #SU3287294

The developers of Westage Office Building were required to post a performance bond in the amount of $130,455.05 in June, 2001. This bond was for improvements to Ballard Road and Crystal Run Road, which have now been constructed in accordance with the approved plans and inspected by our Town Engineer.

At this time, I would like to recommend the release of the bond. Thank you for your attention to this matter.

MOTION BY: Mr. Ward SECONDED BY: Mr. Valentin

Supervisor Ward: Voting Aye

Councilman King: Voting Aye

Councilman Valentin: Voting Aye

Councilman McLean: Voting Aye

Councilman Depew: Voting Aye

MOTION CARRIED

To: Supervisor Ward and Town Board Members
From: Carol Kelly

Re: Sawka 5-lot subdivision

November 14, 2002

At the October 16, 2002 meeting of the Planning Board, it was the consensus of the Board to recommend to the Town Board that an “open development area” be declared for a private road in the above referenced subdivision.

Thank you for your consideration.

MOTION BY: Mr. Ward to consider SECONDED BY: Mr. Valentin

Supervisor Ward: Voting Aye

Councilman King: Voting Aye

Councilman Valentin: Voting Aye

Councilman McLean: Voting Aye

Councilman Depew: Voting Aye

MOTION CARRIED

TABLED

To: Supervisor Ward and Town Board Members
From: Carol Kelly

Re: Senior Horizons Performance Bond

After review and inspection of the final site improvements for the above project by our site inspectors, McGoey, Hauser and Edsall, I would like to recommend that the bond posted in December, 1999 in the amount of $97,550 be released.

Thank you for your consideration.

MOTION BY: Mr. Ward SECONDED BY: Mr. Valentin

Supervisor Ward: Voting Aye

Councilman King: Voting Aye

Councilman Valentin: Voting Aye

Councilman McLean: Voting Aye

Councilman Depew: Voting Aye

November 14, 2002

MOTION CARRIED

To: Town Board
From: Robert Bishop, Highway Supervisor

Re: sale of Surplus Equipment

Pursuant to the bids received Friday, November 8, 2002 for the sale of the various pieces of equipment previously declared as surplus, I hereby request authorization to sell the following items at the highest bid amount received:

1. 1984 W20C Case Wheel Loader High Bid = $15,100.00
Bidder- Eileen Marallo

2. 1990 GMC Cube Van High Bid = $2,000.00
Bidder- Mike Cody

3. 1994 Chevy C2500 High Bid = $3,000.00
2 Wheel Drive w/Utility Body Bidder- Neil Hermann

Subject to the Board’s approval authorizing these sales, we will notify the highest bidder and arrange for the vehicles to be picked up. If you have any question, please feel free to give me a call. Thank you.

MOTION BY: Mr. Ward SECONDED BY: Mr. Valentin

Supervisor Ward: Voting Aye

Councilman King: Voting Aye

Councilman Valentin: Voting Aye

Councilman McLean: Voting Aye

Councilman Depew: Voting Aye

MOTION CARRIED

To: Supervisor Ward and Town Board Members
From: Edward A. Smith, Superintendent, Water & Sewer

On November 6, 2002, at 11:00Am, bids were received to replace the scraper on clarifier #2 at the wastewater treatment facility. Two bids were received, one for $57,000.00 by EIMCO process Equipment and one for $83,995.00 by Envirodyne Systems.

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