Town Board Meeting 12-11-03 Page 2 of 2

continued from page 1

BE IT HEREBY RESOLVED that the following budget transfers be made:

To	Amount	From	Amount
SS1 8110.407	$120,000	SS1 8120.200	$60,000
-	-	SS1 8130.200	60,000
SS1 8110.412	5,000	SS1 8130.401	5,000
SW18320.403	7,500	SW18310.410	7,500
SW18320.402	30,000	SW18310.410	30,000

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.

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 Ferrandino Associates for a survey, study, and recommendations for the amending of Chapter 59 of the Town Code regarding Adult Entertainment in the Town of Wallkill, said contract not to exceed $12,500.

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 proposes to address the problem of sewer main surges in the Johns Road area in the Town of Wallkill; and

WHEREAS, all the affected property is within the Wallkill Sewer District, and

WHEREAS, the action proposed to be taken is the installation of new house laterals and sewer pump stations, and

WHEREAS, this is an action subject to SEQR, and

WHEREAS, this is a Type II Action, and

WHEREAS, the Town Board is the sole involved Agency, now

THEREFORE BE IT RESOLVED that the Town Board determines that the proposed project to address sewer main surges in the Johns Road area of the Town of Wallkill is a Type II Action.

MOTION BY: Mr. Ward S

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, unsafe buildings pose a threat to the life and property in the Town of Wallkill; and

WHEREAS, it is the purpose of the Town of Wallkill to provide for the safety, health protection and general welfare of persons and property in the Town of Wallkill by requiring that such unsafe buildings be repaired or demolished and removed; and

WHEREAS, the Town of Wallkill Building Inspector has made an inspection of the premises and reported in writing to the Town Board his findings that a building is unsafe and dangerous and made recommendations in regard to its repair or demolition and removal.

WHEREAS, Building Inspector, Edwin J. Steenrod, has requested that the Town order the repair of the building, if the same can be safely repaired, or its demolition and removal;

THEREFORE, BE IT RESOLVED that the Town Board of the Town of Wallkill orders the repair or demolition for three large buildings on the property located on the Goshen Turnpike and Seaman Road identified as the property of Anthony, Joseph and Louis Zeolla, also identified as Section 7, Block 1, Lot 6.2, as recorded by the County Clerk of the County of Orange, and further

RESOLVED that a notice be served upon said person pursuant to §§86- (6-8) of the Town of Wallkill Town Code.

MOTION BY: Mr. Ward

SECONDED BY: Mr. McLean

Supervisor Ward -- Voting Aye

Councilman Valentin -- Voting No

Councilman King -- Voting No

Councilman McLean -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED.

WHEREAS, unsafe buildings pose a threat to the life and property in the Town of Wallkill; and

WHEREAS, the Town of Wallkill Building Inspector has made an inspection of the premises known as Jay's Bungalows and reported in writing to the Town Board his findings that a building is unsafe and dangerous and made recommendations in regard to its repair or demolition and removal.

WHEREAS, Building Inspector, Edwin J. Steenrod, has requested that the Town order the demolition and removal of the buildings;

THEREFORE, BE IT RESOLVED that the Town Board of the Town of Wallkill orders the demolition of buildings on the property identified as the property of Kaleel Hanna, also identified as Section 3, Block 1, Lot 101, as recorded by the County Clerk of the County of Orange, and further

RESOLVED that a notice be served upon said person pursuant to §§86- (6-8) of the Town of Wallkill Town Code.

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, 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 owner of a certain parcel of property in the Town, to establish a drainage district within said parcel to be known as Alexandria Subdivision; and

WHEREAS, said owner has proven to the satisfaction of the Town Board that it is the owner of all taxable 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 drainage system, all outlets and the terminus and course of each conduit and a Schedule showing the metes and bounds of the proposed district, said maps plans and descriptions having been prepared by engineers and surveyors licensed by the State of New York; and

WHEREAS, the cost for the design and construction of said drainage system is to be paid by the property owners within the proposed district with no cost accruing to the Town;

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 8th day of January, 2004, at 7:05 PM 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, New York, 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) nor more than twenty (20) days before the date of such public hearing.

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, 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 owner of a certain parcel of property in the Town, to establish a lighting district within said parcel to be known as Alexandria Subdivision; and

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

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

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 8th day of January, 2004, at 7:10 PM 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;

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, heretofore the Town has sought to acquire lands in fee and an easement from Gwen Samuels and the owners of Wallkill Industrial Park, all for the improvement of the Town of Wallkill municipal water supply, and

WHEREAS, after considerable negotiation the property owners involved have agreed to accept the Town's offer; now

THEREFORE, BE IT RESOLVED, as follows:

That the Town does hereby agree to make the following payment to the property owners set forth below:

The Town will pay Gwen Samuels the sum of $70,000 got her ten acre parcel, being a portion of Section60, Block 1, Lot 45.32

The Town will pay Joan A. Lesko, Gwen Samuels, Janice Wolfson, Felicia Grolley and Sharon L. Lesko as the record owners of a 1.17 acre parcel, being a portion of Section 60, Block 1, Lot 98, $14,625.00.

The Town will pay Joan A. Lesko, Gwen Samuels, Janice Wolfson, Felicia Grolley and Sharon L. Lesko $35,871.00 for a permanent easement running through lands described as Section 60, Block 1, Lots 91 through 98.

In addition to the foregoing payments the Town agrees that the acreage acquired will not be deducted from the gross calculation of acreage when the lands are developed and that the property owners can reserve easements to cross the Town's permanent easement for access tot eh river, drainage and other related purposes.

MOTION BY: Mr. King to table

TABLED.

WHEREAS, recent application to the Town of Wallkill Planning Board for the construction of an animal crematory in the Town of Wallkill was adamantly opposed by many residents in the Town of Wallkill; and

WHEREAS, the Town Board wishes to insure the health of the residents of the Town of Wallkill when threatened by potentially dangerous environmental impacts; and

WHEREAS, the Town Board wishes to address concerns of aesthetic impact in the environmental review process; and

WHEREAS, the Town Board is considering the banning of construction of crematories for the disposal of carbon- based life forms and where said crematory would be the primary use of the developed property, now

THEREFORE, BE IT RESOLVED that the Town Board of the Town of Wallkill hereby requests the advice and recommendation of the Town of Wallkill Planning board regarding a ban on the construction of crematories for carbon based life forms within the Town of Wallkill; and

FURTHER RESOLVED, that said advisory recommendation shall be rendered no later than 60 days from the date of this resolution.

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, Article IX of the New York State Constitution and Section 40 of Municipal Home Rule Law provide for the enactment of special laws by the New York State Legislature, when initiated by a Home Rule request from a local municipality; and

WHEREAS, the Orange County Executive found that it is necessary to raise the sales tax so as to provide revenue to meet the ever increasing costs associated with the following required and/or mandated and severely under funded programs, to wit, the Assigned Counsel, Medicaid, and Employee Pension Plans; and

WHEREAS, it is hereby determined that a necessity existed for such legislation in that the County of Orange does not have the power to enact such legislation by local law; and

WHEREAS, the Orange County Legislature has authorized the County Executive to seek New York Legislative approval for an increase to the County's existing sales tax; and

WHEREAS, a Home Rule request concerning special legislation affecting New York State Tax Law §1210, et. Seq., was sent to the New York State legislature in September, 2003, seeking the authority to raise the County's existing sales tax of three quarters of one percent (3/4%) effective December 1, 2003; and

WHEREAS, the County of Orange has shared and will continue to share in collected sales tax revenue with the cities, Towns, and Villages in Orange County, the County of Orange is seeking support for its Home Rule request before the New York State Legislature for a three-quarters of one percent (3/4%) increase in the existing County Sales Tax; now

THEREFORE, BE IT RESOLVED that the Town Board of the Town of Wallkill supports the Home Rule request of the County of Orange for a three-quarters of one percent (3/4%) increase in the existing County Sales Tax, presently pending before the New York State Legislature.

MOTION BY: Mr. Ward

SECONDED BY: Mr. Depew

Supervisor Ward -- Voting Aye

Councilman Valentin -- Voting No

Councilman King -- Voting No

Councilman McLean -- Voting Aye

Councilman Depew -- Voting Aye

MOTION CARRIED.

COMMITTEE REPORTS

COUNCILMAN KING: code review meeting with Dan Depew, modification to R-1 zone. Plans are underway for a Farmers Market in the spring.

COUNCILMAN VALENTIN: Parks met with Little League to discuss winter projects. Town in the process of purchasing Townley hall. Golf meeting will be held on Dec. 17 at 5:30PM at Town Hall

COUNCILMAN McLEAN: Human Rights commission is looking for members

COUNCILMAN DEPEW: discussed Welcome to Wallkill signs; Adopt an Exit program; working with John King. Thanks to highway for a good job with the snow. Master plan committee will make an appointment soon.

COUNCILMAN COMMENTS

COUNCILMAN KING: glad to see horse people at the meeting in regards to plans for Highland Lakes State Park. Town is not backing any programs thus far; state has final say on use. Goodbye to Jeanne Gervasi, Town Clerk- she runs the most professional office in Town. Thanks Jeanne for all her help. Best of Luck to John Cieslwicz. Good luck to Charles McLean; graceful in defeat. Snow in streets, code enforcement needs to get involved

COUNCILMAN VALENTIN: best wishes to John Cieslwicz and Jeanne Gervasi; thanks for your good work. Good luck to Charlie. Against sales tax increase. Happy Holidays to all.

COUNCILMAN McLEAN: will miss people who are leaving the Town. Plans to move on to other projects. Happy Holidays.

COUNCILMAN DEPEW: proud to be serving the Town; good luck to Charlie. Looks forward to meeting new town board member

SUPERVISOR COMMENTS

SUPERVISOR WARD: thanks to Jeanne and Charlie. Charlie has been on many committees and has given his time for many years. Jeanne has also given many years of service to the Town and it could not have run without her. Best of Luck to Rich and Jeanne Gervasi. Welcome to Louisa Ingrassia and Kevin Mulqueen. Mortgage tax check- $899,171.39. Discussed Dial-a-bus issues and new drivers. Committee positions still available prior to Re- Organization meeting. Thanks to Highway. Hopes Highland State Park stays as it is. Happy Holidays. Rotary will be putting up sign by Middletown Motel. Wal-mart is back.

COUNCILMAN VALENTIN: Not enough signs to say welcome to the Town of Wallkill

CHIEF HERTMAN: project safe and sober; DWI check points. Dec. 21, will be the gunlock giveaway. Paul Besser has been made the DARE Officer.

ED. SMITH: please shovel hydrants if you can. Recent water main break on Turfler Terrace; thanks to L. Ingrassia, T. Grogan and B. Smith who worked all night.

MR. LIPPERT: Discussed snow problems including cars left on streets. Best wishes to C. McLean, thanks for the good advice.

PUBLIC PARTICIPATION

N. Guenste; signs, crematory

K. Mulqueen; best wishes to C. McLean; redistricting is on his agenda.

M. Cody; thanks to John King for Santa, thanks to Lou Ingrassia for the toys.

T. Bowensen; against Eagle Coalition

N. Hermann; James Clark Drive issues; leaf pick up

Skip; TOWVAC building needs gutters

A. Vavricka; all democratic legislators voted "no" for the sales tax resolution

B. Seablade; Cornell Co-op is not in favor of Eagle Coalition; would like Town to send letter to NYS.

D. Coulter; positive step regarding crematory

N. Guenste; glad to see fence is back up by Galleria

MOTION BY: Mr. Ward to adjourn and audit claims at 9:50 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 9:50 PM

_________________________
Jeanne M. Gervasi, Town Clerk