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            The Town Board of the Town of Wallkill held a meeting December 12, 2002 at 7:30 PM at the Town Hall, 600 Route 211 East.  Present were Supervisor Ward, Councilman King, Councilman Valentin, Councilman McLean and Councilman Depew.  Also present were Spencer McLaughlin, Attorney for the Town, Louisa Ingrassia, Deputy Town Clerk, Chief Hertman and Edward Smith, Superintendent of Water and Sewer Department.

The pledge was led by Mr. Valentin.

Before meeting Supervisor Ward introduces Andrew Chengeri from Price Chopper who  makes a presentation of a check to Mike Cody for Vietnam Veteran’s Memorial.

CORRESPONDENCE:

To: Supervisor Ward and Town Board Members

From: Carol Kelly

Re: Stone Ridge S/D Public Improvements

The applicant for the above referenced subdivision has prepared a cost estimate for the public improvements.  This cost estimate has been reviewed and approved by the Town Engineer as follows: $336,500 for Elise Drive and $179,200 for Melissa Terrace.  I would like to recommend that the Town Board set the total performance bond in the amount of $515,700.

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

MOTION CARRIED.

To: John Ward, Supervisor

From: Brenda Parks, Time Warner Cable

Over the past year, we have continued to enhance our products and services to provide our customers with the highest quality choices and value in cable.  Whether it was adding

December 12, 2002

a greater variety of programming, investing more in customer service or introducing new products and services, we’ve worked hard to meet customer needs and deliver the quality entertainment and information services they have come to expect.

The costs to provide these quality services have also risen over the last year.  Our programming costs, especially sports programming has increased significantly.  We have also increased our training and development investments resulting in better trained, local service personnel.

To offset these rising business costs, we will implement a rate increase effective January 1, 2003.  I have attached a copy of the subscriber letter.  This will give you a detailed description of the adjusted rates.  These changes are all within the limits permitted under current regulations.

We strive to provide customers with the best cable programming, service and technology.  This year, we will be adding more diversity to our Standard line-up including adding Style and the Disney Channel.  More choices will also be provided on our Digital Service with the addition of Discovery Civilization and Discovery Home and Leisure.  Our wide variety of programming is designed to meet the entertainment needs of all our customers.

Our better-trained service personnel are also working hard to meet customers needs with expanded service hours and our On-Time Guarantee.  In addition, we have launched new and exciting new services such as Movies-On-Demand and Premium Services on Demand all to give them the convenience and control they want and to make their in-home entertainment experience the best it can be.

We also believe it is important to support our local community.  That is why we provide free cable service and educational programming to schools in our service area through our Cable in the Classroom initiative.  We also offer high-speed cable modems and Internet access to all schools and public libraries in our service area.  In addition, we strongly encourage employees’ volunteer efforts in our community and support them with monetary grants.  Hopefully you have had an opportunity to see that Time Warner Cable supports our local communities through its volunteers and sponsorships of local events.

We recognize that consumers have a variety of entertainment options and we value the opportunity to serve them.  We are committed to providing our customers with the high quality choices and value in the Town of Wallkill.

To: John Ward, Supervisor

From: Robin Markovits, Middletown Enlarged City School District Board of Education

On behalf of the Enlarged City School district of Middletown, I would like to thank the members of the Town of Wallkill Board for its resolution in recognition of school boards.  It is not often that we receive such an honor, and we are truly appreciative of this public acknowledgment.

December 12, 2002

In order to further open the lines of communication between our two groups, I would like to offer the Wallkill Board the opportunity to sit with members of the school board in order to discuss a vision for our joint future.  We would be able to meet at your convenience.

To: Town Supervisor Ward and Members of the Town Board

From: Chief Hertman

Re: Request to grant a member of the Police Department a Chief’s Day

1.      On Wednesday, November 13, 2002 at approximately 2250 hours Police Officer Christopher Korba affected the arrest of a male who committed an armed home invasion robbery.  Details are as follows:

2.      On Wednesday, November 13, 2002 at approximately 2215 hours members of the Wallkill Police Department responded to a report of a home invasion robbery at 164 Patio Road.  Upon arrival at the scene a preliminary investigation was conducted.  The investigation disclosed that a male armed with a gun forcibly entered the residence and bound a female victim with duct tape.  PO Korba conducted a canvass of the Scotchtown area in an attempt to apprehend the perpetrator of the crime.  At approximately 2250 hours PO Korba observed a livery cab traveling on Tower Drive with a passenger who matched the description of the perpetrator of the robbery.  PO Korba subsequently stopped the cab at which time the male passenger abruptly exited the auto.  Fearing for his safety PO Korba ordered the male (at gunpoint) to lie on the ground while PO Korba requested the response of a back-up unit.  Upon arrival of back-up units the male was frisked and a Mac-10 machine gun containing one live round in the chamber and twenty eight live rounds in the magazine was recovered from the male.  Subsequent investigation resulted in the male being identified as the perpetrator of the home invasion robbery.  In light of the fact that PO Korba effected the arrest of an armed perpetrator who had just committed a serious crime without further incident it is highly recommended that he be granted a “Chief’s Day”.

3.      For your consideration.

MOTION BY: Mr. Ward                   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.

December 12, 2002

The following is a letter from Greenwald Law office on behalf of the Town of Wallkill to Middletown Thrall Library, Richard C. Bell, President, Board of Trustees

Please be advised that we are Town Attorney for the Town of Wallkill and I am writing this letter in that capacity.  It is my understanding that a referendum regarding payments for library access to the Thrall library was passed by the voters in the townships that have used the Thrall Library as their main Library, including the City of Middletown and the Town of Wallkill.  By virtue of that referendum, the residential users agreed that payments would be made by their respective Towns through a separate dedicated tax line.  In effect, the two part referendum (1) established an expanded district and (2) set a budget for the upcoming year.  The townships had the responsibility to make certain payments in regard to the Middletown Thrall Library.  The referendum-approved deficit was to be placed in the towns’ respective budgets and were to be subsequently approved by the townships.

At the moment, notwithstanding the direction of the electorate as a result of the referendum, the only municipalities that are adhering to the vote are the Town of Wallkill and the City of Middletown.  By virtue of the other townships refusing their fair share, the Board has revised the voter-approved budget, saddling the Town of Wallkill and the City of Middletown with additional monies to be paid to make up for the shortfall.  If that wasn’t enough, incredibly, the Library Board has granted the recalcitrant Towns temporary access to the Library anyway.

Quite obviously, this has caused the matter to move from a mere disagreement into the field of possible litigation between the Town of Wallkill and the Library Board.  The Town of Wallkill is now required, by virtue of the failure of the other townships, to pay additional monies, which are beyond their share.  Moreover, the Middletown Thrall Library has chosen to raise the tax rates of Wallkill and Middletown to make up for that shortfall.

This situation is ripe for litigation.  The Town of Wallkill will not be put into a situation of paying for the Library fees of the residents of other municipalities.

It is my suggestion that, in an attempt to resolve this matter without litigation, we schedule a meeting, possibly in the Town of Wallkill Supervisor’s Office, between representatives of all of the municipalities affected, as well as Middletown Thrall Library, to see if this matter can be resolved in an amicable fashion.

I would greatly appreciate it if I could hear back from you relative to this suggestion.  Clearly, no one wishes to sue the library, when we should be able to resolve this matter both fairly and equitably.  I would respectfully ask that you please respond to this letter within ten days.

To: John Ward, Supervisor

From: Jim Lawlor, Golf Pro

I would like to request that the Town Board approve travel expenses for myself to attend the PGA of America Merchandise and Trade Show in Orlando, FL.  This is the largest event for golf industry professionals, by attending this show I will be able to obtain valuable information through seminars and vendor contact.  This will help make the Town of Wallkill

                                                                                                December 12, 2002

Golf Club more competitive.  The Trade Show will take place from January 23 through 26, 2003.

These funds will come from the 2003 operating budget, funds have been appropriated for training.  The cost for this training is minimal compared to the valuable knowledge I will obtain during this trip.

Cost Breakdown

Airfare              $300.00

Hotel                $375.00           (3 nights accommodation)

Total Cost        $675.00

I will be responsible for meals and rental car during this training.

MOTION BY: Mr. Ward                   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.

To: Supervisor Ward

From: George R. Martin

Re: emergency Management

After long consideration I have decided that I can no longer function as the Emergency Management Director for the Town of Wallkill.  I will be accepting the nomination as the new Chairman of the O.C. Local Emergency Planning Committee effective January 1, 2003, and this will take up most of my spare time.

I would be more than willing to assist the Town Board in locating a person to fill this position and also would make myself available to offer any assistance to the new person.  If we need to discuss this issue please feel free to contact me at any time.

December 12, 2002

To: Town Board

From: Highway Department

Re: Bids for miscellaneous items for the highway department

On Tuesday, December 10, 2002 at 2:00 PM, we opened and publicly read aloud the bids received for various materials and services regularly utilized by our Highway Department. We have thoroughly  reviewed those bids, and on the basis of our review, we recommend awarding purchases in 2003 for the items noted below to the following lowest responsible bidders:

Bid Item #1

            Culvert Pipe                             Advanced Drainage                  Chemung Supply

            (dependent upon                       58 Wyoming Street                   Box 527

            diameter and                             Ludlow, MA 01056                 Elmira, NY 14902

            material type)

                                                            Schmidts Wholesale                  Expanded Supply

                                                            PO Box 5100                           3330 Route 9

                                                            Monticello, NY 12701 ColdSpring, NY 10516

Bid Item # 2,3 & 4

            #2 Fuel Oil,                              SOS Fuels

            Diesel Fuel and             10 East Village Rd.

            Gasoline                                   Tuxedo, NY 10987

Bid Items # 5 & 6

Crushed Stone &                      E. Tetz and Sons                      Dutchess Quarry & Supply

Crushed Gravel                        130 Crotty Rd.                         PO Box 651

(dependent upon                       Middletown, NY 10940           PleasantValley, NY 12569

specific material needs)

                                                Grosso Material                        Callanan Industries

                                                90 Collabar Rd.                        PO Box 15097

                                                Montgomery, NY 12549          Albany, NY 12212-5097

Bid Item #7

            Chain Link Fence                     Ketcham Fencing

                                                            9 Mt. Hope Rd.

                                                            Otisville, NY 10963

Bid Item # 8

            Geotextile Fabric                      Chemung Supply                      Expanded Supply

                                                            Box 527                                   3330 Route 9

                                                            Elmira, NY 14902                    ColdSpring, NY 10516

                                                            Woodards Concrete

                                                            PO Box 8

                                                            Bullville, NY 10915

                                                                                                December 12, 2002

Bid Item # 9

            K-Crete                                   E. Tetz and Sons

                                                            130 Crotty Road

                                                            Middletown, NY 10940

Bid Item #10

            Precast Catch Basins                Woodards concrete

            (dependent upon basin  629 Lybolt Road

            size)                                         Bullville, NY 10915

Bid Item # 11 & 12

            Manhole & Catch Basin            Expanded Supply                     Manhole Systems

            Risers & Cast Iron                    3330 Route 9                           1780B StoneyHill Dr.

            Frames & Grates                      ColdSpring, NY 10516            Hudson, OH 44236

            (dependent upon specific

            unit required)                            Capitol Supply              Chemung Supply

                                                            Route 6                                    Box 527

                                                            Baldwin Place, NY 10505        Elmira, NY 14902

Bid Item # 13

            Signage Material                       Highway Traffic Supply Capitol Supply

                                                            28 W. Washington Ave.           Route 6

                                                            Pearl River, NY 10965 Baldwin Place, NY 10505

                                                                                Chemung Supply

                                                            Box 527

                                                            Elmira, NY 14902

Bid Item #14

            Waterborne Traffic Paint           Franklin Paint Company

                                                            259 Cottage St.

                                                            Franklin, MA 02028

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

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

Supervisor Ward:                     Voting Aye

Councilman King:                     Voting Aye

Councilman Valentin:                Voting Aye

Councilman McLean:                Voting Aye

Councilman Depew:                  Voting Aye

                                                                                                December 12, 2002

MOTION CARRIED.

To: Eric Valentin

From: Jay Anthony, President, TOWSC

On behalf of the entire Town of Wallkill Soccer Club and it’s 800 plus members, I’d like to say thanks for helping and supporting us in receiving a $2,500 grant from the Galleria mall Corporation this past Fall.  Over the past three years, our club has grown not only in membership but also in quality as we continue to focus on community-oriented programs.  It is well known that we are now considered one of the areas top rated Soccer Clubs throughout the Hudson Valley region. The donation will continue to help us provide the proper training, equipment and education to all of our players (and non- players) to increase performance and awareness of the fastest growing youth sport in the nation.

I would also like to thank you for all your support since you’ve been a Councilman.  Over the years you’ve listened to our concerns, partnered with us to create a safe, pleasant and family oriented environment at Circleville Park.  In addition, you’ve attended all of the events that the Club host, which as you know, attracts close to 5000 visitors to our community annually.  All of this would not have been possible without your tireless efforts in ensuring that the Town’s soccer club continues to maintain the finest facility in Hudson Valley.

We will post special thanks on our web site located at: www.towsoccerclub.com to you.  This site is one of the more popular local youth sport sites, which attracts over 1000 visitors per month.  We look forward to a continued partnership and best of luck in the coming new year!

If you should have any questions please don’t hesitate to call me.

To: Supervisor Ward and Town Board members

From: Edward A. Smith, Superintendent of Water & Sewer

On October 23, 2002, the Town entered into a contract with BOZ Electric, 306 Route 94, Vernon, NJ, to install equipment that would control the Return Activated Sludge (RAS) pumps in the sewer plant, based on the influent flow.  The total contract cost was $6,490.00.  the agreement required that we provide a ditch from the administration building at the sewer plant to the RAS building.  A review of the project indicates that we will have to dig across existing power supplies of 460 volts.  We have been unable to ascertain the exact location and depth of these existing lines.  This makes excavation extremely dangerous.  BOZ Electric has proposed operating the equipment with radio frequencies.  This would require an increase in the contract of $5,500.00 for a total contract price of $11,990.00.  I respectfully request that the Board accept the proposed change order.

If you have any further questions, please contact me at your convenience.

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

                                                                                                December 12, 2002

Supervisor Ward:                     Voting Aye

Councilman King:                     Voting Aye

Councilman Valentin:                Voting Aye

Councilman McLean:                Voting Aye

Councilman Depew:                  Voting Aye

MOTION CARRIED.

MOTION BY: Mr. Ward to set Reorganization Meeting for January 2, 2003

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.

RESOLUTIONS:

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 the County of Orange for indemnification of the County relative to the future construction of sidewalks along county roads within county right-of-ways, as they might occur on an individual basis.

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

Supervisor Ward:                     Voting Aye

Councilman King:                     Voting Aye

Councilman Valentin:                Voting Aye

Councilman McLean:                Voting Aye

                                                                                                December 12, 2002

Councilman Depew:                  Voting Aye

MOTION CARRIED.

WHEREAS a resolution was duly adopted by the Town of Wallkill for a public hearing to be held by said Governing Body on November 14, 2002, at 7:15 PM at Town Hall, 600 Route 211 East to hear all parties on a proposed Local Law entitled CEMETERY PROTECTION LAW amending the Town Zoning Code to preserve the integrity of the Town cemeteries and burial sites from encroachment of developing adjacent lands, and

WHEREAS, notice of said public hearing was duly advertised in Times Herald Record, the official newspaper of said Town, on November 3, 2002, and

WHEREAS, said public hearing was duly held on November 14, 2002, at 7:15 PM at Wallkill Town hall, 600 Route 211 East, Middletown, NY and all parties in attendance were permitted an opportunity to speak on behalf 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.

BE IT RESOLVED, that the Town Board of the Town of Wallkill hereby adopts said Local Law No. 13, entitled CEMETERY PROTECTION LAW, amending Article IV.  General Regulations Applicable to All Districts of the Town Code and §249-3.  Definitions of the Town Code, a copy of which is attached hereto and made a part of this resolution, 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.

(Local Law No. 13 can be found at end of minutes)

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

Supervisor Ward:                     Voting Aye

Councilman King:                     Voting Aye

Councilman Valentin:              Voting Aye

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