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May 23, 2002

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 May 23, 2002. Present were Supervisor Ward, Councilman King, Councilman Valentin and Councilman Depew. Also present were Jeanne Gervasi, Town Clerk, Spencer McLaughlin, Attorney for the Town and interpreter for the public hearing notice, Mrs. Weissman. Councilman McLean was absent.

SUPERVISOR WARD: Would the Town Clerk please read the public notice.

TOWN CLERK: The Town of Wallkill invites public comments and suggestions regarding projects to be considered for funding under the Orange County Community Development Program. A public hearing will be held on May 23, 2002 at 7:15 PM at the Town of Wallkill Town Hall. Under this program a variety of physical improvements as listed below are eligible for funding:
1. Acquisition & Disposition of Real Property
2. Public Works, Public Facilities or Site Improvements
3. Code Enforcement (Housing & Health Codes)
4. Clearance Demolition & Rehabilitation for Public Use or Economic Development
5. Housing Rehabilitation Loan and Grants
6. Special Projects for Elderly & Handicapped
7. Provisions of Public Service (Shelters, Clinics, Senior Nutrition, etc.)
8. Payment of Non-Federal Shares of Other Grant Programs
9. Relocation Payments and Assistance
10. Planning, Management & Program Administration

The Town of Wallkill will be considering projects to be submitted to the Orange County Community Development Program. The deadline for which is June 28, 2002.

MRS. WEISSMAN: El Town of Wallkill invita comentario del publico y sugrencias en cuanto a proyectos que seran pegados por los fondos del Orange County Community Development Program. Una audiencia Publica sera reunida el 5-23-2002 ala 7:15 PM en Town of Wallkill Town Hall. Bejo sete programa hay una variedad de mejoramientos fisicos cuales se alistan abajo y que elegibles para conseguir fondos.

1. Adquisicion y disposician de bienes raices
2. Proyectos publicos, y mejoramientos de sitio o de facilidades publicas
3. Codigo de compulsion (codigos de alojamiento y sanidad)
4. Hacer espacio libre, la demolicion y rehabilitacion para uso del publico o desventaja
5. Prestamos y donaciones para la rehabilitacion de alojmientos
6. Proyectos especiales para los de adad anvanzanday los que tienen una desventaja
7. Provision de sercicios publicos (hospedajes, clinicas, nutricion para los edad avanzada, efeetera)
8. Pago de acciones no- federales de otros programas de donacion
9. Pagos para ayudar en localizares y pagos y asistencia parsa relocalizarse
May 23, 2002


10. El programma de administraticion considerara proyectos.

El Town of Wallkill considerara proyectos la fecha tope sometidos al Programa de Orange County Community Development sera el 28 de Junio, 2002.

SUPERVISOR WARD: Any comments from the Town Board

No Comments.

SUPERVISOR WARD: Any comments from the public.

No Comments.

SUPERVISOR WARD: Motion to close public hearing at 7:25 PM

SECONDED BY: Mr. Valentin

Supervisor Ward Voting Aye

Councilman King Voting Aye

Councilman Valentin Voting Aye

Councilman Depew Voting Aye

Councilman McLean Absent

MOTION CARRIED.


May 23, 2002

The Town Board of the Town of Wallkill held a regular meeting on Thursday, May 23, 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. Councilman McLean was absent.

Mr. Paduch made a presentation to the Town and awarded grant money from Orange County for the enhancement of Circleville Park in the amount of $72,103.50.

MOTION BY: Mr. Ward to accept the minutes from the April 25, 2002 Town Board meeting.

SECONDED BY: Mr. Valentin

Supervisor Ward Voting Aye

Councilman King Voting Aye

Councilman Valentin Voting Aye

Councilman Depew Voting Aye

Councilman McLean Absent


CORRESPONDENCE

To: Town Board Members
From: William J. Larkin, Jr. Senator

Congratulations! I am writing to announce that I have awarded your organization $5,000 in the recently passed 2002 New York State Budget for the purchase of a new flag pole for the Vietnam Veterans Memorial wall at the Memorial Park. This funding is a legislative initiative grant from the 2002 budget and is not subject to the restrictions of the Community Service Provider Assistance Program (CSPAP) from the 2001 NYS budget.

Your administrating agency will be the NYS Division of Veterans Affairs and you should be hearing from them within the next several months to start the contract process. It is imperative that once you are contacted by the agency, you should submit any materials and information that has been requested as soon as possible. Without the requested information, the agency cannot proceed with the drafting of your contract.

May 23, 2002

The agency will only contact you once for this information and after the initial letter they will wait for you to provide the requested material. They will be sending this confirmation letter (which contains the request for information) to you at the address listed on this letter. Therefore, if there have been any changes since you originally requested this grant from me (change of contact person, new address, change in the project), please contact my Albany office immediately to process the change. Also, if you know that your project will be significantly delayed for another reason, please contact me with the time frame involved.

Please remember that without a signed and completed contract your organization will not receive any money. It is up to you to return the requested information to your administering agency in a timely manner. I must stress that the agency will not keep attempting to contact you, it is up to you to keep the process moving along.

If you have any questions on this process, please contact me, or my Albany office, at any time. I will be happy to help in whatever manner possible.

Again, congratulations and best of luck. I look forward to hearing from you on the success of your project.


To: Town Board Members
From: Gary R. Matz, Time Warner Cable

Re: Cable Modem Service Fees

I am writing in response to your recent letter regarding Time Warner Cable's intenetion to cease collection and remittance of franchise fees on cable modem service in the Town of Wallkill.

While we understand your concern that the decision by the FCC is not final, the Declaratory Ruling regarding the statutory classification of cable modem service as an "interstate information service" is final. Given that the FCC Order (which is final) classified cable modem service as an "interstate information service", it can no longer be classified as a cable service. I respectfully refer to you to paragraph 105 of the FCC's Declaratory Ruling and Notice of Proposed Rulemaking which states that, "Given that we have found cable modem service to be an information service, revenue from cable modem service would not be included in the calculation of grass revenues".

For us to continue to collect a franchise fee in light of the FCC's Order and the applicable law, as outlined above, could subject Time Warner Cable and the City to potential claims. This is a risk we are not prepared to take.


May 23, 2002

Finally, I would note that we understand and appreciate your concern regarding the loss of potential franchise fee revenue. Please note that Time Warner Cable does not benefit financially in any way from the discontinuance of franchise fees on cable modem service since it is a pass through to our customers. In fact, the direct and only beneficiaries of this charge will be the residents of your community who subscribe to cable modem service. These customers will see a reduction in their monthly bill.

I trust that this letter has been responsive to the concerns that you have raised.


To: Town Board Members
From: Dan Patenaude

Re: Hickory Village Curbs

Sealed bids were opened on Thursday, May 16th, for the second phase of the Hickory Village Curb replacement project. The low bid was not signed and did not include a bid bond and therefore we recommend that Supervisor Ward be authorized to execute a contract with the second low bidder, Upstate Concrete & Masonry of Harriman, NY. Upstate Concrete & Masonry's bid was $21.75 per lineal foot, and a copy of all bid results is attached for your information.

Additionally, we would ask that the Board approve a transfer of $20,000.00 from budget line item D5142.422 (salt) to line item D5112.423 (Hickory Village Curbs) to pay for this work and the associated inspection costs.

Thank you for your cooperation with this matter, and please contact me if you have any questions.

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

Supervisor Ward Voting Aye

Councilman King Voting Aye

Councilman Valentin Voting Aye

Councilman Depew Voting Aye

Councilman McLean Absent

MOTION CARRIED


May 23, 2002

To: Chief Robert C. Hertman and Town Board members
From: Charles Czochanski

I just want to remind you and your officers we will be honoring Paul Besser of the Town of Wallkill P.D. on Tuesday, May 21st at 7:00 pm at the American Legion Hall here in Middletown, New York. Paul and his guest(s) will be no charge for the buffet following the ceremony, but all others attending will be charged $5.00 each to help defray the cost of this annual event- Officer of the Year.

Should you have any questions or require anything further, please do not hesitate to contact me. We hope to hear from you.


To: Town Board Members
From: Leo J. Quinn, Director of Marketing
Cost Control Associates, Inc.

If Orange and Rockland is your electricity vendor, you may have an opportunity to realize a significant refund from them. In working for another client, we discovered errors in their street lighting billing that might well have occurred on your bills, as well.

Cost Control Associates is prepared to review your street lighting bills under a special "refund only" program. This new program minimizes your involvement and costs you nothing unless we secure a refund or account credit for you. We would need only one month of street lighting bills to conduct the review, and it is without risk to you. You would pay us only if we secured a refund/ credit for you.

In addition to any refund to which you might be entitled, this special program gives you an updated and verified inventory of your street lighting. This new data base can make it easy for your people to keep track of changes to your inventory and help to prevent errors in the future. This valuable management tool will be yours, even if we don't find errors.

This program also gives you the option of having us evaluate and recommend ways for you to reduce future billings. You decide whether to have us perform this special service.

I have included with this letter, our introductory brochure, a description of our services, and the paperwork necessary to set up the program.

I will call you in the next week or so, to answer any questions you have and to see if we can assist you in reducing street lighting costs. I look forward to speaking with you then.




May 23, 2002

RESOLUTIONS

WHEREAS, the Town of Wallkill must provide code enforcement of all Town Laws,

NOW THEREFORE, BE IT RESOLVED that Michael Delvecchio and Darryl Vandermark be appointed to part-time Building Inspector III.

TABLED.


WHEREAS, the Town Board of the Town of Wallkill passes a resolution to enact Local Law 2 of the Year 2002 of the Town of Wallkill, with regard to Exemption from Taxes and Special Ad Valorem Levies for Capital Improvements to Residential Buildings.

NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Wallkill hereby adopts Local Law 2 on May 23, 2002.

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

Supervisor Ward Voting Aye

Councilman King Voting Aye

Councilman Valentin Voting Aye

Councilman Depew Voting Aye

Councilman McLean Absent

MOTION CARRIED


WHEREAS, the Town Board of the Town of Wallkill passes a resolution to enact Local Law 3 of the Year 2002 of the Town of Wallkill, with regard to Establishing Numbering Requirements for the display of Individual Property Street Numbers under the operations of the County Wide Enhanced 911 Emergency Service Call System (E-911).

NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Wallkill hereby adopts Local Law 3 on May 23, 2002.

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

Supervisor Ward Voting Aye

May 23, 2002

Councilman King Voting Aye

Councilman Valentin Voting Aye

Councilman Depew Voting Aye

Councilman McLean Absent

MOTION CARRIED


WHEREAS, the Town Board of the Town of Wallkill passes a resolution to enact Local Law 4 of the Year 2002 of the Town of Wallkill, with regard to providing for the issuance of Appearance Tickets pursuant to the provisions of Section 150.10 of the Criminal Procedure Law.

NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Wallkill hereby adopts Local Law 4 on May 23, 2002.

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 Absent

MOTION CARRIED


WHEREAS, the subdivision commonly known as Drago II, project location 36-1-12, was given final approval by the Town Planning Board by a unanimous vote on June 27, 1990;

WHEREAS, New York State Town Law ss280-a requires that any street within said subdivision must be improved to the satisfaction of the Town Board or, alternatively, there exists a performance bond sufficient to cover the full cost of completing such improvements as estimated by the Town and provided by the owner of said subdivision; and...

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