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June 12, 2003

1. That the Town Board does hereby issue this Negative Declaration and authorizes the Supervisor to execute Part III checking the appropriate box and issuing a Negative Declaration.

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

Supervisor Ward Voting Aye

Councilman Valentin Voting Aye

Councilman McLean Voting Aye

Councilman King Voting Aye

Councilman Depew Voting Aye

MOTION CARRIED.


WHEREAS, heretofore the Town Board has considered the adoption of a local law repealing Article II of Chapter 194 and enacting a new Article II of Chapter 194 of the Code of the Town of Wallkill, and

WHEREAS, following due notice the Town Board held a public hearing on the proposed local law, and

WHEREAS, the Town Board has completed SEQR by issuing a Negative Declaration, and

WHEREAS, the Town Board has determined to enact the industrial sewer connection application and the industrial wastewater discharge permit by resolution, now

THEREFORE, BE IT RESOLVED as follows:

That the Town Board does hereby adopt Local Law No. 4 of the Year 2003 entitled “A local law repealing existing Article II of Chapter 194 and enacting a new Article II of the Code of the Town of Wallkill” which said local law shall be effective upon filing in the office of the Secretary of State in Albany.

Discussion:

COUNCILMAN VALENTIN: explains about voting tonight in favor of sewer law.

COUNCILMAN DEPEW: businesses should be held accountable

COUNCILMAN KING: many problems at sewer plant; anything to get plant on line
June 12, 2003

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

Supervisor Ward Voting Aye

Councilman Valentin Voting Aye

Councilman McLean Voting Aye

Councilman King 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 April 24, 2003 at 7:25 PM at Town Hall, 600 Route 211 East to hear all interested parties on a proposed Local Law entitled A LOCAL LAW TO REQUIRE APPRENTICESHIP TRAINING PROGRAMS FOR TOWN CONTRACTS, and

WHEREAS, notice of said public hearing was duly advertised in Times Herald Record, the official newspaper of said Town, on April 14, 2003, and

WHEREAS, said public hearing was duly held on April 24, 2003 at 7:25 PM at Wallkill Town Hall, 600 Route 211 East, Middletown, NY and all parties in attendance were permitted an opportunity to speak on behalf of 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 Local Law.

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wallkill hereby adopts said Local Law No.__ entitled A LOCAL LAW TO REQUIRE APPRENTICESHIP TRAINING PROGRAMS FOR TOWN CONTRACTS, a copy of which is attached hereto and made a part of this resolution, and be it further

RESOLVED, that the Town Clerk be and she hereby 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

June 12, 2003

give due notice of the adoption of said Local Law to the Secretary of the State of New York.

SUPERVISOR WARD: tables resolution; Orange County is working on County version and the Town will wait for that.


WHEREAS, petition has been made to the Town of Wallkill for the establishment of a drainage district in the proposed subdivision known as Crescent Cove in the Town of Wallkill, and

WHEREAS, said petition has been deemed sufficient by this Board; and

WHEREAS, the Town Board of Wallkill is empowered by the State under NYS Town Law §194 to establish special drainage districts in the Town that it determines to be in the best interests of the public welfare of its citizens; and

WHEREAS, this board has determined that all property and property owners within the proposed district will be benefited thereby; and

WHEREAS, this board did hold a public hearing regarding the establishment of a drainage district within Crescent Cove on May 8, 2003, at the Town Hall, 600 Route 211 East, Middletown, NY, 10940; and

WHEREAS, said establishment of drainage districts has been determined to be an unlisted action under the State Environmental Quality Review Act (SEQRA) criteria; now

THEREFORE, it is hereby RESOLVED as follows:

1. That the Wallkill Town Board hereby declares the establishment of drainage district in the proposed subdivision known as Crescent Cove as an unlisted action under the State Environmental Quality Review Act (SEQRA) criteria, and
2. That the Wallkill Town Board hereby establishes a drainage district in the proposed subdivision known as Crescent Cove, and
3. That the Town Clerk be directed to file a certified copy of this resolution with the office of the state department of audit and control at Albany, NY, together all appropriate papers with appropriate signatures where needed; and
4. All boards, agencies, departments and contracted professionals of the Town of Wallkill are hereby authorized and directed to effect or otherwise facilitate the implementation of said District.

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

Supervisor Ward Voting Aye

June 12, 2003


Councilman Valentin Voting Aye

Councilman McLean Voting Aye

Councilman King Voting Aye

Councilman Depew Voting Aye

MOTION CARRIED.


WHEREAS, petition has been made to the Town of Wallkill for the establishment of a lighting district in the proposed subdivision known as Crescent Cove in the Town of Wallkill, and

WHEREAS, said petition has been deemed sufficient by this Board; and

WHEREAS, the Town Board of Wallkill is empowered by the State under NYS Town Law §194 to establish special lighting districts in the Town that it determines to be in the best interest of the public welfare of its citizens; and

WHEREAS, this Board has determined that all property and property owners within the proposed district will be benefited thereby; and

WHEREAS, this Board did hold a public hearing regarding the establishment of a lighting district within Crescent Cove on May 8, 2003, at the Town Hall, 600 Route 211 East, Middletown, NY 10940; and

WHEREAS, said establishment of lighting districts has been determined to be a Type II action under the State Environmental Quality Review Act (SEQRA) criteria; now

THEREFORE, it is hereby RESOLVED as follows:

1. That the Wallkill Town Board hereby declares the establishment of lighting district in the proposed subdivision known as Crescent Cove as a Type II action under the State Environmental Quality Review Act (SEQRA) criteria; and
2. That the Wallkill Town Board hereby establishes a lighting district in the proposed subdivision known as Crescent Cove; and
3. That the Town Clerk be directed to file a certified copy of this resolution with the office of the State Department of Audit and Control at Albany, NY, together all appropriate papers with appropriate signatures where needed; and
4. All boards, agencies, departments and contracted professionals of the Town of Wallkill are hereby authorized and directed to effect or otherwise facilitate the implementation of said District.

June 12, 2003

COUNCILMAN VALENTIN: spoke with planning board members researching how much residents pay on lights that these districts provide; fiscal responsibility to help people; smart government

COUNCILMAN McLEAN: lighting district could be voted on individually

COUNCILMAN DEPEW: lights in RA he feels are not needed. Residents after living in the area can make their own decision for lighting.

COUNCILMAN VALENTIN: Planning Board says it’s more expensive after the fact.

COUNCILMAN KING: does not like lighting in RA

COUNCILMAN VALENTIN: will vote no

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

Supervisor Ward Voting No

Councilman Valentin Voting No

Councilman McLean Voting Aye

Councilman King Voting No

Councilman Depew Voting No

MOTION DENIED.


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 April 24, 2003 at 7:20 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 TO WAIVE PARKLAND FEES IN CERTAIN CIRCUMSTANCE, and

WHEREAS, notice of said public hearing was duly advertised in Times Herald Record, the official newspaper of said Town, on April 14, 2003, and

WHEREAS, said public hearing was duly held on April 24, 2003 at 7:20 PM at Wallkill Town Hall, 600 Route 211 East, Middletown, NY and all parties in attendance were permitted an opportunity to speak on behalf of 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
June 12, 2003

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.

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wallkill hereby adopts said Local Law No. 5, entitled A LOCAL LAW AMENDING THE ZONING CODE TO WAIVE PARKLAND FEES IN CERTAIN CIRCUMSTANCE, a copy of which is attached hereto and made a part of this resolution, and be it further

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 State of New York.

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

Supervisor Ward Voting Aye

Councilman Valentin Voting Aye

Councilman McLean Voting Aye

Councilman King Voting Aye

Councilman Depew Voting Aye

MOTION CARRIED.


WHEREAS, the automobile under the control of the Fleming family was damaged as a result of road work done by the Town of Wallkill in the course of its responsibilities as a government entity; and

WHEREAS, by virtue of said work, the Town did have notice of the condition of said roadway;

WHEREAS, the Town Highway Department remedied said condition subsequent to the damage done to the aforesaid automobile; and

WHEREAS, town resident, Charles Fleming, has requested that the Town reimburse him for the $500 deductible lost as a result of repair to said automobile; now

THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wallkill authorizes the payment of the deductible amount on the insurance payment to Charles
June 12, 2003

Fleming for the repair of damages sustained to a family member’s automobile damaged by road conditions caused, noticed and unremediated by the Town of Wallkill; and

FURTHER RESOLVED, that said payment shall not exceed five hundred dollars.

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

Supervisor Ward Voting Aye

Councilman Valentin Voting Aye

Councilman McLean Voting Aye

Councilman King Voting Aye

Councilman Depew Voting Aye

MOTION CARRIED.


WHEREAS, Chapter 194 of the Code of the Town of Wallkill entitled “Sewerage and Sewage Disposal”, Article II entitled “Sewer Use” has been updated and modified by the adoption of a local law, and

WHEREAS, the table of limits contained in Article II, Section 194-48E(1) should be further amended to reflect new values for Total Solids (TS) and Total Suspended Solids (TSS), and

WHEREAS, a local law has been prepared to carry out the Town Board’s intention and is now available, now

THEREFORE, the motion of this resolution does hereby formally introduce a local law entitled “A local law amending Article II of Chapter 194-48E(1) of the Code of the Town of Wallkill” to the Town Board and moves that a public hearing on the proposed local law be held on the 26th day of June, 2003 at 7:25 PM at the Wallkill Town Hall, following due notice as required by law.

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

Supervisor Ward Voting Aye

Councilman Valentin Voting Aye

Councilman McLean Voting Aye

Continued