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April 25, 2002

The Town Board of the Town of Wallkill held a regular meeting on Thursday, April 25, 2002 at 7:30 P.M. at the Town Hall, 600 Route 211 East. Board members present were Supervisor Ward, Councilman King, Councilman Valentin and Councilman Depew. Also present were Jeanne Gervasi, Town Clerk and Spencer McLaughlin, Attorney for the Town.
MOTION BY: Mr. Ward to accept minutes of April 11, 2002 meeting.

SECONDED BY: Mr. Valentin

Supervisor Ward Voting Aye

Councilman King Voting Aye

Councilman Valentin Voting Aye

Councilman Depew Voting Aye

Councilman McLean Voting Aye

MOTION CARRIED.


RESOLUTION

WHEREAS, the Town of Wallkill and the Town of Wallkill Police Benevolent Association (hereafter "the Union"), are parties to a collective bargaining agreement which expired December 31, 1998; and

WHEREAS, negotiators representing the Town of Wallkill and the Union are engaged in collective negotiations for a successor agreement pursuant to the requirements for the Taylor Law (Civil Service Law Section 200 et seq.); and

WHEREAS, the collective negotiations have concluded with agreement on the terms of Memorandum of Agreement dated April 19, 2002, which agreement is subject to approval by the Town Board and the membership of the Union; and

WHEREAS, the Town Board of the Town of Wallkill has reviewed the terms of the Memorandum of Agreement and has consulted with representatives of the Town in negotiations, who have recommended that the Town Board approve the Agreement.

NOW THEREFORE, let it be resolved that the Town Board of the Town of Wallkill approves the Memorandum of Agreement with the Union dated April 19, 2002; and it is further

RESOLVED, the town Supervisor shall take the necessary steps to cause implementation of the terms of the Memorandum of Agreement, including, but not limited to, execution on behalf of the Town of Wallkill a complete collective bargaining agreement with the Union which incorporates the terms of the Memorandum of Agreement.

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

Supervisor Ward Voting Aye

Councilman King Voting Aye

Councilman Valentin Voting Aye

Councilman Depew Voting Aye

Councilman McLean Voting Aye

MOTION CARRIED


CORRESPONDENCE

To: Judge Freehill
CC: Town Board Members
From: Dan Patenaude

Re: Community Service Sentencing

Thank you and Marlene for recently sentencing persons to perform community service at the highway Department. As explained to Marlene, our full-time employees are fully committed to road maintenance and reconstruction work, taking time when possible to attend to our backlog of complaints. One item of work we seem to have enough time to complete is the cleaning of roadside litter. Although a number of roads have been adopted by families, businesses or civic groups for litter clean up purposes, many roads have not been picked up and are a terrible eyesore, especially during the spring of the year.

For these reasons, we very much appreciate your sentencing people to community service, and welcome any future community service workers you could provide.


Supervisor Ward read a letter from the Atlas Family.


To: Town Board Members
From: William C. Gunther, Deputy Commissioner

Re: Household Hazardous Waste
April 25, 2002

Enclosed is a household Hazardous Waste Collection Day Registration form and a small quantity generator form.

Check the materials we will be accepting for disposal. If you have any of these materials which you would like to dispose of complete both forms and return to us. The vendor will bill you according to an established fee schedule. The registration form and the small quantity generator certification must be returned by May 24, 2002, no exceptions.


To: Mr. Cummings
CC: Town Board Members
From: Stephanie Griffin, Director of Marketing & Public Relations
Applebee's

It was good speaking with you recently in regard to our upcoming Wallkill Applebee's support of the Town of Wallkill Little league capital project.

Per our conversation, we would be pleased to make the project the beneficiary of the funds we raise during our pre-opening gathering; which will take place in June on the Monday night before we open the restaurant. Approximately 1,500 people in the community are invited to this event that features complimentary food and are asked to pay $1 per ticket for beverages. All invitations will indicate that the Little League will be the recipient of the proceeds. We can also provide you with some invitations to give Board members and other supporters of the project.

We are prepared to commit a minimum of $1,500, which is the average of what we have raised at similar openings. If more is raised it will be passed on to you as well.

In return, Applebee's will have a 4' x 4' sign up at the field. Additionally, we will be allowed to visit the park at any time to promote the restaurant and/or provide game attendees special offers for our location. Tim Hoben, our Director of Operations for Hudson Valley will be attending the opening dedication at the field this coming Saturday.

Looking forward to working with you.


To: Officer Dennis Rolon
CC: Town Board Members
From: Christina M. Hale, STOP-DWI Administrator

I am writing to extend my gratitude for your participation as a workshop presenter at our 15th Annual We Are Tomorrow Teen Issues SADD Conference that was held at Mt. Saint Mary College on March 12th. Once again your workshop entitled "The DWI Arrest, Drug Issues and Fatal Vision Goggles" was the most popular topic offered with a total of
April 25, 2002

83 students attending. In addition, 66 students rated the workshop as either very good or excellent.

As you know, the information that you covered is essential to helping our youth make positive decisions regarding the use of drugs/alcohol and driving. Hopefully it will translate into a further reduction of deaths and injuries that result from this very serious crime. Your continued dedication to this end is admirable.

I also want to commend you for being the lead instructor at this workshop. Officers Sean Ost and Jason Albrechtsen learned a great deal about working with students through your fine example. Thanks again for your continued support of the Orange County STOP-DWI Program. I very much look forward to working with you on future endeavors.


To: Chief Robert Hertman
CC: Town Board Members
From: Kristine Ciganek, Assistant District Attorney

I am writing to let you know of the outstanding work of one of your officers, Paul Besser.

I recently handled the prosecution of XXXXX, who was charged with felony Grand Larceny in the Fourth Degree. He has a horrendous record and it was imperative that the case be prosecuted as a felony.

Due to the professional job by Officer Besser, including prompt responses to my phone calls and letters, tracking me down when I was hard to reach, even contacting me over the Easter holiday to provide information I had requested, the case was well prepared for trial.

Due to the collaborative efforts of Officer Besser and Sgt. Steven Walsh, who also assisted me in seeking to locate a recorded phone call, the defendant entered a plea of guilty to the felony charge and is now awaiting sentence as a predicate felony offender.

Both officers were courteous, professional and helpful. I know you already are, but you should be very proud to have them working for you.


To: Chief Robert Hertman
CC: Town Board Members
From: Nick Petaglia

I want to thank you and Officer Rolon for the policies and implementation which helped me greatly in my predicament on Tuesday, April 9th at 10 o'clock PM. I drove into a

April 25, 2002

ditch and before long Officer Rolon appeared to stay with me to offer help and consolation. I am grateful for his presence that night at Webb Road and South Street.

A tow came and he then examined my car for damage to assure my safe return home.

Many thanks. Keep up the good work. It seems to me that the Wallkill Police Department is on the way to renewed prestige and affection in the hearts of Orange County residents.


To: Town Board Members
From: Dan Patenaude

Re: Equipment Replacement

As you know, the highway department utilizes a ten year program to forecast equipment replacement. In accordance with this program the 2002 Highway Department Budget included the replacement of a tandem dump truck, a single axle dump truck and two ¾ ton pick-up trucks.

The primary purpose of this letter is to request your authorization to substitute a 3 c.y. wheel loader in this years equipment replacement program for a single axle dump truck originally scheduled to be replaced. For the first time in many years, the Catapiller Equipment Company was awarded the state bid contract for wheel loaders. We would like to take this opportunity to purchase a very high quality loader at State bid prices, and defer the replacement of the single axle dump truck until next year. The cost of these two pieces of equipment is generally comparable in the $85,000.00 to $87,000.00 range.

Additionally, we would further request that you declare the following items of equipment surplus since they are scheduled to be replaced in this years budget:

#209-1984 W20C Case Wheel Loader (Serial # 9156080)
#146-1985 IHC 12 Yard Dump Truck (Serial # 1HTTGJMT9FCA12741)
#152-1990 Ford F250 4x4 pickup truck (Serial # 1FTEF26H9LNB23395)
#165-1989 GMC ¾ ton 4x4 pickup truck (Serial # 1GTGK24K3KE533918)
#142-1969 IHC Fire Truck (Serial # 416090G223985)

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

Supervisor Ward Voting Aye

Councilman King Voting Aye

Councilman Valentin Voting Aye
April 25, 2002

Councilman McLean Voting Aye

Councilman Depew Voting Aye

MOTION CARRIED


RESOLUTIONS

Resolution of the Town Board of the Town of Wallkill to increase the office space available to the Town of Wallkill Police Department as immediately as possible and authorizing the commissioner of Public Works to request bids for the increase of said space.

WHEREAS, the first report of the monitor appointed to oversee the Town of Wallkill Police Department under a consent decree between the Town of Wallkill and the State Attorney Generals office recommends an increase in size and quality of work space for said department within the next six months; and

WHEREAS, the Town Board of the Town of Wallkill does wish to comply with said recommendation in as expeditious a manner as possible in order to demonstrate its commitment to a professional police force; and

WHEREAS, the Town Board recognizes the long term nature of a permanent solution to the lack of adequate office space for the Town of Wallkill Police Department.

NOW THERFORE, be it hereby;

RESOLVED, that the Town Board authorizes the construction and/or erection of at least two temporary modular units adjacent to Town Hall for the purpose of the transfer of staff to said units in order to create additional office space for the Town of Wallkill Police Department within the current confines of Town Hall, until more permanent appropriate quarters can be constructed; and

RESOLVED, that the Town Board directs the Commissioner of Public Works of the Town of Wallkill to develop a scope of work and publish in the normal and legal manner a request for bids to implement the construction and/or erection of said temporary modular units; and

RESOLVED, that the time for the opening of such bids be set at two o'clock in the forenoon of the day of May 9, 2002.

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

April 25, 2002

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 Board of the Town of Wallkill was served with a Summons and Complaint in connection with a civil action entitled Orange Environment, Inc. v. Town of Wallkill, in the United States District Court for the Southern District of New York; and

WHEREAS, it is appropriate for the Town to hire counsel to represent the interests of the town in connection with the above action,

NOW THEREFORE be it resolved as follows:

That the Town Board of the Town of Wallkill hereby retains the firm of Drake, Sommers, Loeb, Tarshis & Catania, PLLC to represent the interests of the Town in connection with the civil action entitled Orange Environment, Inc. v. Town of Wallkill in accordance with the terms and conditions set forth in the Attorney Contract between the parties dated January 2002.

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

Supervisor Ward Voting Aye

Councilman King Voting Aye

Councilman Valentin Voting Aye

Councilman McLean Voting Aye

Councilman Depew Voting Aye

MOTION CARRIED

Continued