December 12, 2002
Councilman McLean: Voting Aye
Councilman Depew: Voting Aye
MOTION CARRIED.
WHEREAS, a petition dated April 3, 2002 has been
duly presented to the Town Board of the Town of Wallkill, with a plan attached
thereto according to law, requesting that Drainage District, as hereinafter
described, be established in the Town of Wallkill; and
WHEREAS, said Town Board duly adopted on the 24th
day of October, 2002, an order reciting in general terms the filing of said
petition, the boundaries of the proposed district, the improvements proposed,
the maximum amount proposed to be expended for the improvement and the specifying
that said Town Board shall meet at the Town Hall, on the 14th day
of November, 2002 at 7:15 PM, to consider said petition and hear all persons
interested in the subject hereof, concerning the same, and
WHEREAS, certified copies of said order were duly
published and posted according to law, and said Town Board did, at the time
and place specified in said order, did duly meet and consider the matter of
the establishment of said drainage district, and heard all persons interested
in the subject thereof who appeared at such time and place, concerning the
same, and
WHEREAS, the evidence offered at such time and
place and all considerations made by the Town Board thereafter, requires that
the Town Board make the determinations hereinafter made; now
THEREFORE, BE IT RESOLVED, that the aforesaid
petition is signed and acknowledged as provided by law and is otherwise sufficient;
and be it further
RESOLVED, that all the property and property owners,
within the proposed Drainage District are or will be benefited thereby; and
be it further
RESOLVED, that all of the property and property
owners benefited are or will be included within the proposed Drainage District;
and be it further
RESOLVED, that it is in the public interest to
establish the proposed Drainage District as hereinafter described, and be
it further
RESOLVED, that the Town Board does hereby approve
the establishment of a Drainage District as hereinafter described to be known
as Wallkill Drainage District No. 3 and said district being bounded and described
in Schedule “A” annexed hereto; and be it further
RESOLVED, that the proposed improvements in said
district be constructed upon the required funds made available or provided
for: construction of a drainage system in accordance with
December 12, 2002
the plat submitted to the Town Planning Board
for consideration of final approval of the Mt. Joy Estates Subdivision, and
be it further
RESOLVED, that the proposed improvements, including
cost of installations, legal fees and other expenses shall be paid by the
petitioning landowner, and be it further
RESOLVED, that the Town Clerk be and she hereby
is authorized and directed to file a certified copy of this resolution, in
duplicate, in the office of the State Department of Audit and Control, at
Albany, New York, together with an application in duplicate, for permission
to so create said Drainage district in the manner and form prescribed by Section
194 of the Town law of New York, within ten days after the adoption of this
resolution, and be it further
RESOLVED, that the Town Supervisor be and hereby
is authorized and directed to execute said application on behalf of the Town
of Wallkill.
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.
WHEREAS, a petition dated April 2, 2002 has been duly
presented to the Town Board of the Town of Wallkill, with a plan attached
thereto according to law, requesting that a Lighting District, as hereinafter
described, be established in the Town of Wallkill; and
WHEREAS, said Town Board duly adopted on the 24th
day of October, 2002, an order reciting in general terms the filing of said
petition, the boundaries of the proposed district, the improvements proposed,
the maximum amount proposed to be expended for the improvement and the specifying
that said Town Board shall meet at the Town Hall, on the 14th day
of November, 2002 at 7:15 PM, to consider said petition and hear all persons
interested in the subject hereof, concerning the same, and
WHEREAS, certified copies of said order were duly
published and posted according to law, and said Town Board did, at the time
and place specified in said order, did duly meet and consider the matter of
the establishment of said drainage district, and heard all persons interested
in the subject thereof who appeared at such time and place, concerning the
same, and
December 12, 2002
WHEREAS, the evidence offered at such time and
place and all considerations made by the Town Board thereafter, requires that
the Town Board make the determinations hereinafter made; now
THEREFORE, BE IT RESOLVED, that the aforesaid
petition is signed and acknowledged as provided by law and is otherwise sufficient;
and be it further
RESOLVED, that all the property and property owners,
within the proposed Lighting District are or will be benefited thereby; and
be it further
RESOLVED, that all of the property and property
owners benefited are or will be included within the proposed Lighting District;
and be it further
RESOLVED, that it is in the public interest to
establish the proposed Lighting District as hereinafter described, and be
it further
RESOLVED, that the Town Board does hereby approve
the establishment of a Lighting District as hereinafter described to be known
as Wallkill Lighting District No. 3 and said district being bounded and described
in Schedule “A” annexed hereto; and be it further
RESOLVED, that the following improvements in said
district be constructed upon the required funds being made available or provided
for: erection of a lights and appurtenant construction in accordance with
the plat submitted to the Town Planning Board for consideration of final approval
of the Mt. Joy Estates Subdivision, and be it further
RESOLVED, that the proposed improvements, including
cost of installations, legal fees and other expenses shall be paid by the
petitioning landowner, and be it further
RESOLVED, that the Town Clerk be and she hereby
is authorized and directed to file a certified copy of this resolution, in
duplicate, in the office of the State Department of Audit and Control, at
Albany, New York, together with an application in duplicate, for permission
to so create said Lighting district in the manner and form prescribed by Section
194 of the Town law of New York, within ten days after the adoption of this
resolution, and be it further
RESOLVED, that the Town Supervisor be and hereby
is authorized and directed to execute said application on behalf of the Town
of Wallkill.
MOTION BY: Mr. Ward
SECONDED BY: Mr. McLean
Supervisor Ward: Voting No
Councilman King: Voting No
Councilman Valentin: Voting Aye
Councilman McLean: Voting Aye
December 12, 2002
Councilman Depew: Voting No
MOTION DENIED.
WHEREAS, the Town of Wallkill recognizes the importance
that organized community youth sports organizations play in the health and
welfare of the community; and
WHEREAS, the Town of Wallkill Little League serves
as the longest standing and largest youth baseball organization in the Town;
and
WHEREAS, the Town of Wallkill Soccer Club serves
as the longest standing and largest youth soccer organization in the Town;
and
WHEREAS, the Town wishes to utilize its limited
recreational resources to the fullest and most efficient extent possible;
now
THEREFORE, BE IT RESOLVED, that the Town Board
of the Town of Wallkill hereby designates the Town of Wallkill Little League
as the Town’s official youth baseball sports organization for purposes of
scheduling only; and
RESOLVED, that the Town Board of the Town of Wallkill
hereby designates the Town of Wallkill Soccer Club as the Town’s official
youth soccer sports organization for purposes of scheduling only; and
RESOLVED, that- by virtue of the above-referenced
designations- the town of Wallkill Little League and the Town of Wallkill
Soccer Club shall schedule their use of the playing fields owned by the Town
of Wallkill before any person or organization requesting to do same within
four weeks prior to the commencement of their respective seasons.
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 No
MOTION CARRIED.
RESOLVED that the following
Budget transfers be made:
December 12, 2002
TO
FROM
D 5140.100 $10,000
D 5120.100 $10,000
D 5110.413 $43,000
D 5142.423 $15,000
SS18130.405 $40,000
D 5120.400 $13,000
SS18110.401 $65,000
D 5112.420 $15,000
SS18110.407 $60,000
SS18120.200 $40,000
A 7110.411 $72,000
SS18130.407 $65,000
A 1620.412 $ 9,400
SS18130.401 $60,000
A 3310.401 $ 500
A 2802 $72,000
A 3310.402 $ 2,000
A 5132.409 $20,000
A 3310.403 $ 1,000
A 1257 $ 2,300
A 7020.100 $22,000
A 9710.700 $25,000
A 7020.406 $ 931
A 8020.407 $53,478
A 7020.412 $ 5,000
A 7020.415 $ 4,000
A 1110.401 $ 1,600
A 1110.407 $ 251
A 1110.408 $ 221
A 1410.200 $ 931
A 1410.405 $ 2,000
A 1440.401 $ 8,000
A 1440.402 $ 2,823
A 1440.402 $ 1,500
A 1440.408 $ 5,600
A 1440.412 $ 1,564
A 4020.400 $ 2,300
A 9730.600 $25,000
A 1490.401 $ 3,400
A 6772.404 $ 408
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.
WHEREAS, the Town of
Wallkill has entered into contract with its police officers, said contract
including the establishment of disciplinary procedure;
December 12, 2002
WHEREAS, the procedure under said contractual
agreement relative to probationary officers requires that a probationer whose
services are to be terminated for unsatisfactory service shall be granted
an interview with the appointing authority or his representative; and
WHEREAS, the appointing authority, in this instance,
is the Town Board of the Town of Wallkill; and
WHEREAS, the Town Board wishes to transfer the
responsibility for said interview in the case of termination of probationary
police officers to the Chief of Police of the Town of Wallkill; now
BE IT RESOLVED, that the Town Board of the Town of Wallkill
hereby designates the Town of Wallkill Chief of Police as its representative
for purposes of conducting interviews with Town of Wallkill Police Department
probationers whose services are terminated for unsatisfactory service.
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.
WHEREAS, heretofore the Town of Wallkill has instituted
a proceeding against James Stack (“Stack”) for an order pursuant to Article
4 of the Eminent Domain Procedure Act to acquire real property necessary for
the construction of the Bowser Road bridge Replacement project; and
WHEREAS, the Town was successful in securing the
property and on July 5, 2001, a copy of an appropriation map, together with
a description was filed in the Orange County Clerk’s Office; and
WHEREAS, Stack filed a claim seeking payment of
money damages from the Town; and
WHEREAS, the parties have negotiated a proposed
settlement subject to the approval of the Town Board; now
BE IT RESOLVED that the Town Board of the Town
of Wallkill does hereby authorize the settlement of the Stack claim for damages
by payment of $13,000 and authorizes the
December 12, 2002
Supervisor of the Town of Wallkill to execute
such documents as may be necessary to effectuate the settlement.
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.
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 November 14, 2002, at 7:15 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, amending §249-19D [1]. R-A. Rural Agricultural of the Town Code, 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. 14, entitled A LOCAL LAW AMENDING
THE ZONING CODE OF THE TOWN OF WALLKILL, COUNTY OF ORANGE, NEW YORK, amending
§249-19D [1]. R-A. Rural Agricultural of the Town Code, a copy of which
is attached hereto and made part of this resolution, and be it further
December 12, 2002
RESOLVED, that the Town Clerk be and she 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 the State of New York.
(Local Law No. 14 can be found at end of minutes)
MOTION BY: Mr. Ward
SECONDED BY: Mr. King
Supervisor Ward: Voting No
Councilman King: Voting Aye
Councilman Valentin: Voting Aye
Councilman McLean: Voting Aye
Councilman Depew: Voting Aye
MOTION CARRIED.
COMMITTEE REPORTS:
COUNCILMAN KING: None
COUNCILMAN VALENTIN: wants to congratulate
Joe Pistioa and Mike Aumick on highway promotions
COUNCILMAN McLEAN: still negotiating contract
with Town Hall workers
COUNCILMAN DEPEW: Human Rights meeting at Joan Furlin’s
home- call for directions; highway interviews; pleased with highway employees.
Still reviewing applications for commissioner of public works. Golf course
will break even this year.
COUNCILMAN COMMENTS:
COUNCILMAN KING:
Happy holidays; went to Eagle Scout induction ceremony. Thanks to all
who voted December 9th.
COUNCILMAN VALENTIN:
thanks to George Martin for his years of service. Thanks to Dan Patenaude
for his service. Happy holidays.
COUNCILMAN McLEAN:
no comments
COUNCILMAN DEPEW:
Happy holidays; drive carefully. Thanks to Dan Patenaude.
December 12, 2002
SUPERVISOR WARD: thanks to voters. Committee
to be formed with Mr. King and Mr. McLean and two public volunteers to try
to find land or a building to be the new Town Hall/ police station; try to
accomplish something by June.
January appointments available; 4 Ethics Committee,
a Bingo Inspector, 1 Planning Board, 1 Zoning Board and Human Rights.
In May the Town Board allowed Mr. Jacobs to sell
sheds for six months; times has passed and Building Inspector to notify him
that he is now in violation. Hope to have the Planners (Master) report by
next meeting. Met with 2 representatives from Sue Kelly’s office regarding
tunnel under 211. Mr. McGoey has information available.
Happy holidays to all.
CHIEF HERTMAN: Happy holidays- met with
State Police regarding motor vehicle accidents (MVA). Thanks to Sam’s Club
for $1,200 for fingerprint supplies; Officer Phil will start on January 7,
2003.
MR. SMITH: No comments.
COUNCILMAN DEPEW: Please shovel out hydrants
if you are able.
PUBLIC PARTICIPATION:
Julia Sullivan; Project Linus; request use of
Community Center in Feb. for meeting. They are now the Orange County Chapter.
Nina Guenste; thanks to voters, wants to be on
committee; happy holidays.
Mike Cody; tree is lit; 1st section
is going up on May 14, 2003. Spoke of a personnel issue.
Mike Walker; 100% tax exemption for veterans of
war.
Lori Helbeck; would like to be on the committee.
B. Sutherland; thanks voters; no sound on television.
K. Mulqueen; would like to be on the committee,
meeting should be open to the public.
N. Hermann; highway questions regarding James
Clark Drive.
MOTION TO ADJOURN AT 8:55 PM:
Mr. Ward
SECONDED BY: Mr. Depew
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.
Meeting Adjourned At 8:55 PM
__________________________
Jeanne Gervasi, Town Clerk
