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April 24, 2003

The Town Board of the Town of Wallkill held a public hearing at the Town Hall, 600 Route 211 East at 7:20 PM on Thursday, April 24, 2003. Board members present were Supervisor Ward, Councilman King and Councilman Depew. Also present were Spencer McLaughlin, Attorney for the Town, Louisa Ingrassia, Deputy Town Clerk and Ed. Smith, Superintendent of Water and Sewer. Absent were Councilman Valentin and Councilman McLean.

Ms. Ingrassia, Deputy Town Clerk: PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Wallkill on April 24, 2003, at 7:20 PM at Wallkill Town Hall regarding the adoption of a Local Law of the Town of Wallkill for the year 2003, which would amend the Code of the Town of Wallkill Section 249-34, regarding the payment of parkland fees and reduction thereof under certain circumstances.

Any resident of the Town of Wallkill is entitled to be heard upon said proposed Local Law at such public hearing. Copies of said proposed Local Law are available for review at Wallkill Town Hall, 600 Route 211 East, Middletown, NY 10940.

PLEASE TAKE FURTHER NOTICE that the environmental significance of the proposed Local Law will be reviewed at said public hearing.

By order of the Town Board of the Town of Wallkill, dated: April 10, 2003

SUPERVISOR WARD: explains the law

COUCILMAN KING: explains why the law is needed

COUNCILMAN DEPEW: law is a good idea

Public Participation: none

MOTION BY: Mr. Ward to leave the public hearing open

SECONDED BY: Mr. Depew

Supervisor Ward Voting Aye

Councilman Valentin Absent

Councilman McLean Absent

Councilman King Voting Aye

Councilman Depew Voting Aye

MOTION CARRIED.
April 24, 2003

The Town Board of the Town of Wallkill held a public hearing at the Town Hall, 600 Route 211 East at 7:25 PM on Thursday, April 10, 2003. Board members present were Supervisor Ward, Councilman King and Councilman Depew. Also present were Spencer McLaughlin, Attorney for the Town, Louisa Ingrassia, Deputy Town Clerk and Ed. Smith, Superintendent of Water and Sewer. Absent were Councilman Valentin and Councilman McLean.

Ms. Ingrassia, Deputy Town Clerk: PLEASE TAKE NOTICE that a public hearing will be held by the Town Board of the Town of Wallkill on April 24, 2003, at 7:25 PM at Wallkill Town Hall regarding the adoption of a Local Law of the Town of Wallkill for the year 2003, which would require contractors and subcontractors on construction contracts with and for the Town of Wallkill to have approved apprenticeship programs.

Any resident of the Town of Wallkill is entitled to be heard upon said proposed Local Law at such public hearing. Copies of said proposed Local Law are available for review at Wallkill Town Hall, 600 Route 211 East, Middletown, NY 10940

PLEASE TAKE FURTHER NOTICE that the environmental significance of the proposed Local Law will be reviewed at said public hearing.

By order of the Town Board of the Town of Wallkill, dated April 10, 2003.

SUPERVISOR WARD: explains intent and reads proposed local law

BE IT ENACTED by the Town Board of the Town of Wallkill as follows:

Section 1. Legislative Intent and Purpose.

The Town of Wallkill hereby establishes a policy to promote apprenticeship training as authorized by Section 816-b of the New York State Labor Law.

Section 2. Definitions.

As used in this local law, the following terms shall have the meanings indicated:

a.) “Construction Contract” shall mean any contract to which the Town of Wallkill shall be a signatory, which involves construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, or physical structure of any kind with a value in excess of $250,000.
b.) “Contractor or Subcontractor” shall mean a contractor or subcontractor, which directly employs labor under a construction contract for which an apprenticeship program has been approved by the New York State Commissioner of Labor in accordance with Article 23 of the New York State Labor Law.
April 24, 2003

Section 3. Requirements and exceptions.

A. The Town of Wallkill hereby requires any contractor, prior to entering into a construction contract with the Town of Wallkill, or any subcontractor entering into a contract with a contractor, who has a construction contract with the Town of Wallkill, as part of said construction contract, to have apprenticeship agreements appropriate for the type and scope of work to be performed, which have been registered with and approved by the New York State Commissioner of Labor in accordance with Article 23 of the New York State Labor Law, anything in Section 103 of the New York State General Municipal Law to the contrary notwithstanding.

B. A contractor or subcontractor who is entitled to receive less than $50,000 from such construction contract is exempt from having an apprenticeship agreement in place.

Section 4. Enforcement.

The Commissioner of Public Works is hereby authorized, empowered and directed to promulgate such rules and regulations that are lawful, necessary and appropriate for the implementation and enforcement of any provisions of this local law.

Section 5. Severability.

If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town Board of the Town of Wallkill hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.

Section 6. Applicability.

This Local Law shall apply to construction contracts advertised for bids on or after the effective date.

Section 7. Repeal.

All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed.

Section 8. Effective Date.


April 24, 2003

This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.

COUNCILMAN KING: questions specifics of Law with Attorney McLaughlin.

Public Participation:

Mr. Paduch; good law

Mr. Smith (Superintendent of Water & Sewer); not in favor of proposed law. Feels it will add cost to jobs and will lose local contractors.

COUNCILMAN DEPEW: should leave public hearing open for input of board members not present.

Mr. Cody; questions the effect on Town workers.

MOTION BY: Mr. Ward to leave public hearing open.

SECONDED BY: Mr. Depew

Supervisor Ward Voting Aye

Councilman Valentin Absent

Councilman McLean Absent

Councilman King Voting Aye

Councilman Depew Voting Aye

MOTION CARRIED.


The Town Board of the Town of Wallkill held a regular meeting on April 24, 2003 at Town Hall, 600 Route 211 East at 7:40 PM. Board members present were Supervisor Ward, Councilman King, and Councilman Depew. Also present were Spencer McLaughlin, Attorney for the Town, Ed. Smith, Superintendent of Water and Sewer, John Lippert, Commissioner of Public Works, Robert Hertman, Chief of Police and Louisa Ingrassia, Deputy Town Clerk .

The Pledge of Allegiance was led by Supervisor Ward who also asks for a moment of silence for the troops and for Mrs. Call (wife of Frank Call, Water Dept. employee) whose husband passed away this week.

April 24, 2003
MOTION BY: Mr. Ward to accept the minutes of April 10, 2003

SECONDED BY: Mr. Depew

Supervisor Ward Voting Aye

Councilman Valentin Absent

Councilman McLean Absent

Councilman King Voting Aye

Councilman Depew Voting Aye

MOTION CARRIED.


CORRESPONDENCE:

To: Supervisor Ward and the Town of Wallkill Councilmen
From: Edward A. Smith, Superintendent of Water & Sewer

I would like the following vehicle declared surplus for purpose of accepting bids for the sale of said vehicle:
Vehicle #129
Year & Model: 1994 Chevrolet ¾ ton 2-wheel drive pickup
VIN #1GFCFC24HORZ279102

I would recommend a minimum bid of $500.00. If you have any further questions, please contact me at your convenience.

MOTION BY: Mr. Ward SECONDED BY: Mr. King

Supervisor Ward Voting Aye

Councilman Valentin Absent

Councilman McLean Absent

Councilman King Voting Aye

Councilman Depew Voting Aye

MOTION CARRIED.


April 24, 2003

To: Supervisor Ward and Town Board Members
From: Edward A. Smith, Superintendent of Water & Sewer

The Washington Heights sewer pumping station located on Industrial Drive was originally installed in 1989. Now, due to increased inflow and infiltration, the pumps cannot keep up with the demand during large rain events. This results in surcharging of the sewer main.

I would like permission to advertise to receive bids to install two new pumps as well as a new control panel for the Washington Heights station. These pumps will be used in conjunction with the existing pumps during storm events. The estimated cost is $90,000.00. These funds are available in accounts SS18120.200 and SS18120.402.

I respectfully request permission to accept bids at the Town Hall, 600 Route 211 East at 11:30AM on May 14, 2003.

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

Mr. Smith answers some questions from the Board.

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

Supervisor Ward Voting Aye

Councilman Valentin Absent

Councilman McLean Absent

Councilman King Voting Aye

Councilman Depew Voting Aye

MOTION CARRIED.


MOTION BY: Mr. Ward to send J. Lippert and B. Bishop to Highway School in Ithaca, NY

SECONDED BY: Mr. Depew

Supervisor Ward Voting Aye

Councilman Valentin Absent

Councilman McLean Absent

April 24, 2003

Councilman King Voting Aye

Councilman Depew Voting Aye

MOTION CARRIED.


RESOLUTIONS

WHEREAS, the Town of Wallkill Police Department currently has one full time vacancy in the position of Police Dispatcher; and

WHEREAS, the position of Police Dispatcher is critical to the efficient functioning of the Wallkill Police Department, affecting the safety and welfare of the residents of the Town of Wallkill; and

WHEREAS, Marie M. Keating has been found to be eminently qualified for the position by Town of Wallkill Police Chief, Robert C. Hertman; now

THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wallkill hereby authorizes the appointment of Marie Keating to the position of Police Dispatcher (full time) for the Town of Wallkill Police Department; and

FURTHER, that the commencement of employment by the aforesaid Marie Keating shall begin on May 8, 2003.

MOTION BY: Mr. Ward SECONDED BY: Mr. King

Supervisor Ward Voting Aye

Councilman Valentin Absent

Councilman McLean Absent

Councilman King Voting Aye

Councilman Depew Voting Aye

MOTION CARRIED.


WHEREAS, the Town Board of the Town of Wallkill has determined that the televising and taping of meetings of the regular bi-weekly Town Board open to the public attendance is in the best interests of the residents of the Town; and