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            The Town Board of the Town of Wallkill held a meeting December 27, 2002 at 7:30 PM at the Town Hall, 600 Route 211 East.  Present were Supervisor Ward, Councilman King, Councilman McLean and Councilman Depew.  Also present were Spencer McLaughlin, Attorney for the Town and Jeanne Gervasi, Town Clerk. 

Meeting called to order at 7:40 PM.

SUPERVISOR WARD: Good evening, this will be a short meeting with no public participation.

CORRESPONDENCE:

To: John Ward, Supervisor

From: Darleen A. Montanya

I recently purchase 9 McKee lane in Bloomingburgh, NY, Section/Block/Lot 1-1-49.11.

I recently applied for a demolition permit #15486, which was issued on 9/26/02 of which I removed an old trailer that was beyond repair.  Under the instructions of Carol Kelly I am submitting in writing a request to replace the old trailer with a different one, same size.  My original intentions when purchasing this property was to fix the existing trailer but this was not possible.

Thank you for your time in this matter.  Please send me notice of the next course of action I have to take in order to comply with the Town requirements.

MOTION BY: Mr. Ward                               SECONDED BY: Mr. Depew

Discussion:

Mr. King: would like to look at property before voting-

TABLED.

To: Town Board

From: Robert Bishop, Highway Supervisor

Re: Sale of Surplus Equipment

Pursuant to the bids received Friday, December 13, 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 amounts received:

1. 1990 Ford F250 4x4 Pick up Truck High Bid = $2,979.05

    w/8’ Fisher power angle plow                       Bidder – Brightwaters Farms

December 27, 2002

2.  1989 GMC ¾ Ton 4x4 Pick up Truck         High Bid = $2,845.97

     w/plow and rear lift gate                               Bidder – Mike Parillo

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. Depew

Supervisor Ward:                     Voting Aye

Councilman King:                     Voting Aye

Councilman Valentin:                Absent

Councilman McLean:                Voting Aye

Councilman Depew:                  Voting Aye

MOTION CARRIED.

RESOLUTIONS:

WHEREAS, the town of Wallkill, in due diligence in compliance with the laws of the State of New York and under the authority granted to it under §64 of Town Law of the State of New York, by the Town Board of the Town of Wallkill, did conduct an extensive search for and interview of candidates seeking the appointment by the Town Board as Commissioner of Public Works/ Highway Superintendent of the Town of Wallkill, to fill the vacancy left by the resignation of the incumbent Commissioner/Superintendent; and

WHEREAS, upon completion of said search and interviews, the Town Board has determined that candidate John Lippert is best qualified of the candidates interviewed and does meet the minimum qualifications to fill said position; now

THEREFORE, BE IT RESOLVED, that the Wallkill Town Board hereby appoints John Lippert the Town of Wallkill Commissioner of Public Works/ Highway Superintendent for a two year period commencing January 1, 2003, his first day of work to commence on January 6, 2003; and

RESOLVED, that said appointment is contingent upon John Lippert establishing permanent residency within the Town of Wallkill within 90 days of the date of this appointment.

MOTION BY: Mr. Ward                     SECONDED BY: Mr. Depew

Supervisor Ward:                     Voting Aye

                                                                                                December 27, 2002

Councilman King:                     Voting Aye

Councilman Valentin:                Absent

Councilman McLean:                Voting Aye

Councilman Depew:                  Voting Aye

MOTION CARRIED.

WHEREAS, a certain parcel of land adjacent to James Clark Drive has been offered for dedication to the Town of Wallkill (the “Town”) for highway purposes by Renee Gardens Corporation, the owner of said land as shown on a plan prepared by Lanc & Tully Engineering & Surveying, PC, dated March 22, 1990, and

WHEREAS, the Commissioner of Public Works of the Town has recommended acceptance of said parcel for dedication for highway purposes, upon the completion of construction of said roadway in accordance with specifications and the filing with the Town of a performance bond in the amount of $10,000 to guarantee any maintenance and repairs required to said roadway by the Town for a period of one (1) year after said road is constructed and accepted by the Town, and

WHEREAS, said performance bond has been filed and the Commissioner of Public Works has indicated road construction has been completed to his satisfaction, and

WHEREAS, Renee Gardens Corporation shall maintain its prosecution of a lawsuit for permanent injunction and declaratory judgment in the matter of Renee Gardens v. Hermann regarding said James Clark Drive, now

BE IT RESOLVED, by the town Board of the Town of Wallkill in regular session duly convened, the Town Board agrees to accept the deed of dedication on the said road, to be known as James Clark Drive and directs the Town Clerk to record the same in the Orange County Clerk’s Office.

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

Supervisor Ward:                     Voting Aye

Councilman King:                     Abstain

Councilman Valentin:                Absent

Councilman McLean:                Voting Aye

Councilman Depew:                  Voting Aye

                                                                                                December 27, 2002

MOTION CARRIED.

WHEREAS, the Town Board of the Town of Wallkill (hereinafter “Town”) has entered into a Memorandum of Understanding with certain parties to facilitate the construction of a Wal-Mart Distribution Center (hereinafter “Project”) in the Town of Wallkill, as in the best interests of its residents; and

WHEREAS, the current Town water supply and distribution system is inadequate and inadequately placed to meet the water needs of the project; and

WHEREAS, it has been determined that more than sufficient water supplies exist on the site for the water needs of the project; now

BE IT RESOLVED, that the Town Board of the Town of Wallkill hereby authorizes the town Supervisor to enter into contract with the current owner of the site of the project, McRod North, LLC and the future owner of the site of the project, Wal-Mart, Inc., for the purposes of securing property, access and easements for the exploration for and production of a supplementary source to the Town of Wallkill water supply sufficient to serve the needs of the proposed Wal-Mart Distribution Center in the Town of Wallkill, as being in the best interests of the Town and its residents.

MOTION BY: Mr. Ward                     SECONDED BY: Mr. Depew

Supervisor Ward:                     Voting Aye

Councilman King:                     Voting Aye

Councilman Valentin:                Absent

Councilman McLean:                Voting Aye

Councilman Depew:                  Voting Aye

MOTION CARRIED.

MOTION BY: Mr. Ward to adjourn and pay bills at 8 PM

SECONDED BY: Mr. Depew

Supervisor Ward:                     Voting Aye

Councilman King:                     Voting Aye

Councilman Valentin:                Absent

                                                                                                December 27, 2002

Councilman McLean:                Voting Aye

Councilman Depew:                  Voting Aye

MOTION CARRIED.

Meeting Adjourned at 8 PM

___________________________

Jeanne Gervasi, Town Clerk