The Town Board of the Town of Wallkill held a regular meeting on December 11, 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, 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 McLean

SUPERVISOR WARD: The public hearing that was to be tonight has been postponed so we will continue with the regular meeting.

MOTION BY: Mr. Ward to accept the Town Board minutes of October 9, October 30, and November 3, 2003

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: Supervisor Ward
From: John Anthony

I would like to personally extend from the Club our sincere thanks to councilman Valentin. He continues to show his support towards recreation in the Town whereby the other Council folks seem to have no interest. Everyone knew about the Showcases since they've become the staple of this community and have embraced the local businesses where they (the businesses) continue to give more each year to our cause. Eric is the only councilman who attends functions at the Part and at the LL complex. For this event he went out of his way to get the fields ready (rolled, filling in holes, etc.), he ordered the port-a-potties, he had the parks fill the area by the concession stand with gravel in order to prevent flooding. He also kept the water on which help alleviate the need for port-o-potty overuse, and we were able to better sanitize our cooking utensils and pots. He also was instrumental in keeping park staff on the weekend, emptying the big garbage cans, etc, basically we couldn't have pulled this off without Eric's involvement.

To: John Ward
From: John Anthony

Thanks again for all of your support for a very successful running of our college showcase the past 2 weekends. As always our hotels, the malls and eateries were full and I think Eric validated that with most of the hotels last week. We received HUGE sponsorship support from the Galleria Mall, Hannaford's and the Ellenville National Bank and most other local business supported via gift cards, supplies, etc… Please thank the rest of the Town Board and especially the Town Parks Dept. (Gary, Bill and Danny) for getting the fields ready and playable.

To: Supervisor John Ward & Town Board members
From: MaryLynn Hunt

Re: Courtyard at Marriott

On August 11, 2003 the above noted applicant posted a $4,900.00 cash bond for uncompleted site work. Upon the review of the site by our engineers, Eustance and Horowitz, I would like to recommend that this cash bond be returned to the applicant.

Thank you for your consideration in this matter.

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: Supervisor Ward
From: Roberto Calderin, Chairperson human Rights Commission, Orange County

Enclosed is a photograph taken at our meeting Wednesday night of several members of the Orange County Human Rights Commission and your Town of Wallkill Human Rights Commission. The food is the foreground was collected at this meeting for delivery to a food bank in your community.

Your town commission has a proud history of serving your community since its beginnings in 1965 as the Human Relations Commission. There is no city, town or village human rights commission in Orange County with such a long history of continual service. We applaud the dedication of the town officials for their support of the individuals who serve the community in the human rights area. If there is any way we can help you fill the three vacancies that exist in your commission, we offer it. We know what it is like to attempt to fulfill our responsibilities with few members and many vacancies. It has only been since Ed Diana was elected County Executive and began making appointments to our Commission that we have been able to begin to work as a full 12 member body.

We discussed many ideas at the joint meeting and have found several areas in which we can assist each other. In the future we are certain we will find further ways to work together to raise awareness of human rights issues in Orange County.

This meeting of the two commissions was one way the commission is reaching out to the communities we serve. We will be holding future meetings in places like Port Jervis, Newburgh and Middletown.

Please feel free to reach out to us in areas where we can assist you.

To: Town Board
From: Beatrice Shapiro

We are the owners of the property located at 38 Webb Road, Middletown. Currently it is zoned MI. we are requesting that it be changed to R1.

We would appreciate you consideration.

SUPERVISOR WARD: refers to Planning Board for consideration

To: Town Board
From: Charmaine Nephew, VP Human Resources, tesa tape inc.

Regretfully, teas tape, inc. ("tesa") plans to close its Middletown, New York facility located at 135 Crotty Road, Middletown, NY, resulting in the layoff of all employees at this facility. This notice is provided in satisfaction of the Worker Adjustment and Retraining Notification Act (WARN), 29 U.S.C. § 2101, et seq.

This planned closure is contingent upon the consummation of the sale of certain assets of tesa to another company. Such a closure will likely be permanent and the targeted date for the beginning of the layoffs and the resulting closing is on February 1, 2004. Affected employees will be provided pay and continued health coverage, where applicable, for the entire 60 day period under WARN.

Certain employees at this facility were represented by the Service Employees' International Union, AFL-CIO, Local 200, located at 135 Crotty Road, Middletown, NY. The Chief elected official is Tom Richards. In the event of such closing, bargaining unit employees will have seniority rights as provided in the collective bargaining agreement. Non- bargaining unit employees will have no bumping rights. A list of job titles and number of employees in each classification expected to be affected at this facility is attached.

You may obtain further information concerning this matter by contacting me at 704-553-4640

To: Board Members
From: John Lippert

Re: Culvert for Stone School House Road

On Wednesday December 3, 2003 at 2:00 pm, we opened and publicly read aloud bids received for an aluminum box culvert for Stone School House Road. We have thoroughly reviewed those bids, and on the basis of our review, we recommend awarding the purchase of the culvert to the lowest responsible bidder listed below:

Chemung Supply
P.O. Box 527
Elmira, NY 14902 $28,406.25

All original bids are on file with the Town Clerk for your review, and should you have any questions regarding this bid, please feel free to contact me. Thank you.

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: McGoey, Hauser and Edsall Engineers

Re: Stoneridge Estates Performance Bond Reduction

We are in receipt of a request from Lanc & Tully dated 4 November 2003 for a reduction in the performance bond amount presently being held to guarantee the completion of the roadways within the referenced subdivision in the amount of $515,636.78. We requested that the Engineer for the Town, Eustance & Horowitz, reviewing construction, review the bond reduction request which was completed on 11 November 2003 and forwarded to our office. Their review resulted in a modification from the requested reduction by Lanc and Tully from $389,373 down to $361,246. A copy of the modified bond estimate as revised by Eustance & Horowitz has been enclosed. After review by John Lippert and discussion in regard to his review of the recommendation of Eustance & Horowitz, it is our joint recommendation that the performance bond being held in the amount of $515,636.78 be reduced to $154,391, to guarantee the completion of the uncompleted items of work.

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: Town Board
From: Edward A. Smith, Superintendent Water & Sewer

Recently, bids were received to provide data collectors, chargers, and meter route software to read water meters. As expected, only one bid was received. This is due to the specialized nature of the equipment.

I recommend the Board accept the bid of $26,821.50 as provided by Schmidt's Wholesale, Inc., Old Route 17 and Jefferson Street, PO Box 5100, Monticello, NY 12701.

MOTION BY: Mr. Ward

SECONDED BY: Mr. Depew

COUNCILMAN KING: Motion to table

TABLED.

To: Chief Hertman
From: Clara & Norton Madigan

On December 4, I had the misfortune of having my purse stolen at Wal-Mart, but late in the morning, an honest lady it in a shopping cart between Shop Rite and Odd Lots. Since there was identification in the purse, Shop Rite located the proper person and the purse was returned, with all contents, except the money.

At Wal-mart Customer Service, a lady advised contacting the Wallkill Police Dept. which my husband and I did.

Our contact with P.O. Kelly Scheuering and later P.O. Tom Kleveno will always be remembered. We cannot adequately express the prompt, friendly and efficient assistance of P.O. Kelly not only in processing the incident but assisting me in canceling our credit cards and providing the proper forms for the motor Vehicle bureau replacements.

This experience has prompted me to relate, publicly, the apparent efficiency of your department.

We wish for all, Happy Holidays and again, many thanks to P.O. Kelly and P.O. Tom Kleveno.

To: Town Board members
From: Andrea Soll

Re: New Hire

I would like to recommend Kathryn K. Malina for the position of full time bus driver. All of the appropriate documentation is enclosed.

She will be starting January 5, 2004, and her regular hours will be from 3:45AM to 12:15PM but on January 5, 2004, she will come in at 9:00AM so that she can do some pre-driving paperwork and view the necessary videos.

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 Members
From: Drake, Sommers, Loeb, Tarshis & Catania

I am writing to you in connection with the eminent domain proceeding you authorized to acquire certain lands in fee as well as an easement all to improve the water supply for the Town of Wallkill Consolidated Water District #1. I am pleased to report to you that the attorney for all of the property owners has advised me that all of his clients have agreed to accept the settlement proposal previously presented to them. There is no need to proceed with the public hearing scheduled for this evening.

The property owners were represented by David L. Rider of Newburgh, NY and I want to publicly acknowledge and thank him for his assistance and cooperation in bringing about the successful and amicable resolution of this matter.

MOTION BY: Mr. Ward to set a special meeting to be held on December 29, 2003 at 5:30PM to pay bills.

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 Re-Organization Meeting for January 5, 2004 at 7:30PM

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.

RESOLUTIONS

WHEREAS, Town Board of Wallkill may adopt a local law to amend Chapter 249 of the Town Code of the Town of Wallkill to change the zoning designation of one parcel of property on Stony Ford Road in the Town of Wallkill (section 61- block 1- lot 39.22) from MI to RA; and

WHEREAS, the Town Board of Wallkill is empowered by the State to adopt such local law pursuant to Municipal Home Rule Law; and

WHEREAS, said zoning changes are listed as Type I Actions under §617.5 of the State Environmental Quality Review Act (SEQRA); and

WHEREAS, in compliance with SEQRA, the Wallkill Town Board wishes to assume lead agency status and set a time and place for a public hearing for said proposed local law, so that the public may be heard; now

THEREFORE, it is hereby RESOLVED that a public hearing be held by the Town Board with respect to the adoption of the aforesaid Local Law at 7:20PM on January 8, 2004, at Wallkill Town Hall, 600 Route 211 East, Middletown, New York; and it is

FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to cause public notice of said hearing to be given as provided by law.

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, Town Board of Wallkill may adopt a local law to amend Chapter 249 of the Town Code of the Town of Wallkill to change the zoning designation of two parcels of property on Marie Lane in the Town of Wallkill (section 81- block 2- lot 1.1 and section 81- block 2- lot 1.2) from MI to R-2; and

WHEREAS, the Town Board of Wallkill is empowered by the State to adopt such local law pursuant to Municipal Home Rule Law; and

WHEREAS, said zoning changes are listed as Type I Actions under §617.5 of the State Environmental Quality Review Act (SEQRA); and

WHEREAS, in compliance with SEQRA, the Wallkill Town Board wishes to assume lead agency status and set a time and place for a public hearing for said proposed local law, so that the public may be heard; now

THEREFORE, it is hereby RESOLVED that a public hearing be held by the Town Board with respect to the adoption of the aforesaid Local Law at 7:25PM on January 8, 2004, at Wallkill Town Hall, 600 Route 211 East, Middletown, New York; and it is

FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to cause public notice of said hearing to be given as provided by law.

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, Town Board of Wallkill may adopt a local law to amend the Town Code of the Town of Wallkill regarding the control of dust at raceways; and

WHEREAS, the Town Board of Wallkill is empowered by the State to adopt such local law pursuant to Municipal Home Rule Law; and

WHEREAS, said zoning changes are listed as Type I Actions under §617.5 of the State Environmental Quality Review Act (SEQRA); and

WHEREAS, in compliance with SEQRA, the Wallkill Town Board wishes to assume lead agency status and set a time and place for a public hearing for said proposed local law, so that the public may be heard; now

THEREFORE, it is hereby RESOLVED that a public hearing be held by the Town Board with respect to the adoption of the aforesaid Local Law at 7:15PM on January 8, 2004, at Wallkill Town Hall, 600 Route 211 East, Middletown, New York; and it is

FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to cause public notice of said hearing to be given as provided by law.

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, there are 14 single family residences on Bert Crawford Road all within the Town of Wallkill Sewer District which said homes are not presently served, and

WHEREAS, the Town Board proposes to provide sewer service to the 14 homes and to appropriate the necessary funds from the surplus monies contained in the Wallkill Sewer District, now

THEREFORE, BE IT RESOLVED as follows:

1. that the Town Board does hereby authorize a project on Bert Crawford Road to provide sewer service to 14 single family homes within the sewer district which homes are not presently served which project shall include running a sewer main on Bert Crawford Road with laterals to the respective property lines with stubs or where appropriate running laterals from the Masonic Creek Interceptor to the rear property lines of the single family homes together with securing such easement as may be necessary for the laterals from Masonic Creek interceptor.
2. that the Town Board does hereby authorize the Superintendent of Water and Sewer to engage the engineering firm of Eustance & Horowitz, P.C. to prepare the necessary plans and specifications, to secure the necessary construction easements and to proceed to bid.
3. that the Town Board does hereby appropriate the sum of $170,000.00 from the surplus monies in the Wallkill Sewer District.

MOTION BY: Mr. Valentin to table

TABLED.

WHEREAS, enormous administrative demands have been placed upon the Town of Wallkill Police Department due to the mandates of the Federal Court Consent Decree; and

WHEREAS, implementation of the Best Practices Guidelines has also added to the aforementioned workload; and

WHEREAS, there exists a clear and present need in the Town of Wallkill police Department for an additional civilian dispatcher; and

WHEREAS, there exists sufficient funds in the current Police- Personnel Services budget for the hiring of a dispatcher; and

WHEREAS, Tina Smith has been interviewed in anticipation of said position being approved and has had extensive experience in all aspects of the scope of work that would be necessary to fill the aforesaid position; now

THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wallkill that Tina Smith be appointed to the position of dispatcher with the Town of Wallkill Police Department.

MOTION TO TABLE: Mr. King

TABLED

WHEREAS, the Town of Wallkill entered into an agreement with property owners of certain lands in the Town of Wallkill for the purpose of conveyance by said owners of a permanent easement to the Town for the installation and maintenance of a sewer trunk line for its Consolidated Sewer District; and

WHEREAS, said agreement was signed and said easement was duly granted on December 13, 1993; and

WHEREAS, the Town subsequently accessed the easement for the construction of said sewer trunk line across the burdened property according to the terms of the grant; and

WHEREAS, said easement was never recorded in the Office of the Orange County Clerk now

THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wallkill hereby directs that the Grant of Easement Agreement heretofore executed between the Town of Wallkill and Charlotte Neugarten and Louis Heimbach, parties of the first part, and the Town of Wallkill, party of the second part, be redrawn, executed and filed under the exact terms, to be executed nunc pro tunc; and

RESOLVED, the Town Board hereby directs the Town Supervisor to execute all appropriate documents to effect said easement agreement.

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.

Continued