June
26, 2003
The Town Board of the Town of Wallkill held a regular meeting
on June 26, 2003 at Town Hall, 600 Route 211 East at 7:55 PM.
Board members present were Supervisor Ward, Councilman Valentin,
Councilman McLean and Councilman Depew. Also present were Spencer
McLaughlin, Attorney for the Town, Ed. Smith, Superintendent
of Water and Sewer, Robert Hertman, Chief of Police, and Louisa
Ingrassia, Deputy Town Clerk. Councilman King was absent.
Mr. Valentin led the Pledge of Allegiance
Minutes of previous meeting not accepted and will be done at
the meeting in July.
CORRESPONDENCE:
To: Supervisor Ward
From: Henry Parthesius, Home Depot
We
are looking to place a tent, 40’ x 80’ in the
front middle parking lot, for 14 days. Hours are Monday through
Saturday 9 AM to 9 PM and Sunday 9 AM to 7 PM. The tent will
come with private security.
This
tent will be used to sell carpet and area rugs…we
are sorry for the short notice, but would like to request that
you make your decision as soon as possible.
Please contact henry Parthesius at xxx-xxx.
SUPERVISOR WARD: recommends that code enforcer review tent and
site.
MOTION BY: Mr. Ward SECONDED BY: Mr. Depew
Supervisor Ward Voting Aye
Councilman King Absent
Councilman Valentin Voting Aye
Councilman McLean Voting Aye
Councilman Depew Voting Aye
MOTION CARRIED.
June 26, 2003
To: Supervisor Ward and Town Board Members
From: Carol Kelly
Re: Ingrassia Zone Change Request- MI to RA- Ingrassia Road
An Informational Public Hearing of the planning Board for the
above zone change request was held on June 18th.
The Planning Board reviewed the zone change request and agreed
that the parcel is not contiguous to the RA zone therefore creating
spot zoning. The Planning Board agreed it is not within their
jurisdiction to either approve or disapprove their request.
SUPERVISOR WARD: this will be addressed at the next work session.
To: Mr. Ward
From: Irene Zeffiro
Re: Lot No. 61139.22
Account No. 335200
School Code 333001
When my husband and I purchased the above property in 1965 it
was zoned RA Residential, some where along the line it was rezoned
commercial.
Since my husband and son passed away a few years ago, my intention
was to build a home and move back so I can live near my relatives
that already have homes built on the adjoining property.
I would like to have it rezoned back to RA Residential so I
can build a home in accordance with the boards specifications.
I would never think of putting up commercial property in that
area that would compromise the value or comfort of my relatives
that already have their homes built.
SUPERVISOR WARD: referring this to the Planning Board
MOTION BY: Mr. Ward SECONDED BY: Mr. Valentin
Supervisor Ward Voting Aye
Councilman Valentin Voting Aye
Councilman McLean Voting Aye
Councilman King Absent
June 26, 2003
Councilman Depew Voting Aye
MOTION CARRIED.
To: Robert Hertman, Chief of Police
From: Matthew T. Byrne, Chief of Police, Middletown
We sincerely appreciate the assistance of the members of your
agency at the Orange Classic Race on Saturday, June 7, 2003 in
the City of Middletown.
As you are aware, the race is a big event and draws thousands
of runners and spectators. Without the assistance of your agency,
the consistent flow of motor vehicle and pedestrian traffic would
not have been maintained.
As always, the members of your department did an outstanding
job and maintained professionalism throughout the day.
We sincerely appreciate the cooperation of your department whenever
we ask for assistance. Thank you.
To: Chief Hertman
From: Victoria Newkirk
I would like to thank you and an office that came to my house
today June 17. He was very helpful and understanding about the
problem that has been going on here for a few years. In the past
I have had a problem with getting help from your department (before
you were there) and today this officer showed me that your department
is doing better than before. Keep up the good work. I appreciate
it.
To: Supervisor Ward
From: Deborah Clark
I am writing this letter to ask you and the Board to consider
me for the master Plan Committee. I have always been interested
in this and now have the time and the energy to be a part of
a very important committee of the Town of Wallkill.
I recently discussed my interest with Roseanne Sullivan; and
she also suggested writing to you.
Believe it or not; I know my 25 years of experience in sales,
marketing and negotiations will be some benefit to the committee.
June 26, 2003
MOTION BY: Mr. Ward SECONDED BY: Mr. Valentin
Supervisor Ward Voting Aye
Councilman Valentin Voting Aye
Councilman McLean Voting Aye
Councilman King Absent
Councilman Depew Voting Aye
MOTION CARRIED.
To: Town Board
From: John Lippert
Re: Employee of the Month
Shop
Foreman, Charlie Romer has been nominated by one of his peers
for the Employee of the Month Award for the month of May.
Charlie does an excellent job and takes to heart the care and
maintenance of the Town’s fleet. His exemplary performance
of his duties is noteworthy and commendable.
Please join us in recognizing Charlie for this award.
To: John Ward, Supervisor
Gary Lake, Chairman of Planning Board
From: Richard McGoey, Consulting Engineers
Re: Crescent Cove Subdivision (Henderson Drive) Performance
Bond Recommendation
Please find enclosed a performance bond estimate prepared by
Daniel Yanosh to guarantee the satisfactory completion of Henderson
Drive proposed to serve Crescent Cove subdivision. In line with
our review we offer the following comments.
Several items of work included in the enclosed estimate including
asphalt pavement, concrete curbing and catch basins appear to
be somewhat low. We, therefore, modified the cost estimate as
shown on the attached.
On the basis of the above, and as can be seen from the enclosed
revised cost estimate, we are recommending that a performance
bond in the amount of $120,000.00 be established for this project
prior to final signature of the Planning Board Chairman.
June 26, 2003
MOTION BY: Mr. Ward SECONDED BY: Mr. Depew
Supervisor Ward Voting Aye
Councilman Valentin Voting Aye
Councilman McLean Voting Aye
Councilman King Absent
Councilman Depew Voting Aye
MOTION CARRIED.
RESOLUTIONS
WHEREAS,
the Town Board of the Town of Wallkill (the “Town
Board” and the “Town”, respectively), in the
County of Orange, New York, has received a duly filed petition
by the Waterview Village, LLC, owner of a certain parcel of property
in the Town, to establish a lighting district within said parcel
to be known as Waterview Village Subdivision; and
WHEREAS, said owner has proven to the satisfaction of the Town
Board that it is the owner of all taxable real property situated
within said proposed district; that there are no resident owners
on said proposed district; and that said proposed district is
located wholly within the Town; and
WHEREAS, petitioner did submit a map and plans showing the boundaries
of the proposed district, a general plan of the proposed street
light system, all outlets and the terminus and course of each
circuit and a Schedule showing the metes and bounds of the proposed
district, said maps plans and description having been prepared
by engineers and surveyors licensed by the State of New York;
and
WHEREAS, the cost for the design and construction of said street
lighting system is to be paid by the property owners within the
proposed district with no cost accruing to the Town; and
WHEREAS,
the maximum annual cost for the maintenance of said proposed
district was set forth in a cost estimate to the petition
as Schedule “B”;
ORDERED, that a meeting of the Town Board of the Town be held
at the Town Hall, 600 Route 211 East, Middletown, NY 10940, in
the Town, on the 24th day of July, 2003, at 7:25 PM to consider
said increase and improvement of facilities of the District and
to hear all persons interested in the subject thereof concerning
the same and for such other action on the part of the Town Board
with relation thereto as may be required by law;
June 26, 2003
FURTHER ORDERED, that the Town Clerk publish at least once in
Times Herald Record, a newspaper published in Middletown, New
York, and hereby designated as the official newspaper of the
Town for such publication, and posted on the signboard of the
Town maintained pursuant to subdivision 6 of Section 30 of the
Town Law, a copy of this Order, certified by said Town Clerk,
the first publication thereof and said posting to be not less
than ten (10) nor more than twenty (20) days before the date
of such public hearing.
MOTION BY: Mr. Ward SECONDED BY: Mr. Depew
Supervisor Ward Voting Aye
Councilman Valentin Voting Aye
Councilman McLean Voting Aye
Councilman King Absent
Councilman Depew Voting Aye
MOTION CARRIED.
WHEREAS, the Town Board of the Town of Wallkill has the authority
to sell personal property owned by the Town if the Town Board
determines that there is no present need for the town to retain
the ownership of the property, and
WHEREAS, heretofore the Town Board authorized the installation
of certain wells and related facilities, as set forth on Schedule
A annexed hereto, and
WHEREAS, it now appears that the Town has no present need for
those wells and related facilities, and
WHEREAS, the Town Board has received an offer to purchase the
personal property sat forth on Schedule A for the sum of $257,739.05
which sum will reimburse the Town General Fund for all costs
and expenses in connection with the acquisition of the personal
property on Schedule A, and
WHEREAS, as required by SEQR, the Town Board has caused a short
EAF to be prepared and has determined that the sale of the personal
property on Schedule A will not result in any adverse environmental
impacts, now
THEREFORE, BE IT RESOLVED as follows:
June 26, 2003
1. That the Town Board, having addressed SEQR, determines to
sell the personal property listed on annexed Schedule A to Wal-mart
for the sum of $257,739.05 to be deposited in the General Fund
which sum is determined to be adequate consideration.
2. That the Town Board hereby authorizes the Supervisor to execute
and deliver such documents, including a bill of sale, as may
be necessary to transfer title to the personal property to Wal-mart
upon receipt of the sum of $257,739.05.
MOTION BY: Mr. Ward SECONDED BY: Mr. McLean
Supervisor Ward Voting Aye
Councilman Valentin Voting Aye
Councilman McLean Voting Aye
Councilman King Absent
Councilman Depew Voting Aye
June 26, 2003
MOTION CARRIED.
WHEREAS, Town Board of Wallkill wishes to adopt a local law to
modify Chapter 249 of the Town Code of the Town of Wallkill
to establish a maximum number of meetings that may be missed
by a member of either the Planning Board or the Zoning Board
of Appeals, before said members may be removed from the relevant
Board; and
WHEREAS, the Town Board of Wallkill is empowered by the State
to adopt such local law pursuant to Municipal Home Rule law;
WHEREAS, Town Board wishes to set a time and place for a public
hearing for said proposed local law, so that the public may be
heard; now
THEREFORE BE IT RESOLVED that a public hearing be held by the
Town Board with respect to the adoption of the aforesaid Local
Law at 7:15 PM on July 24, 2003 at Wallkill Town hall, 600 Route
211 East, Middletown, New York; and it is
FURTHER RESOLVED, that the Town Clerk is hereby authorized and
directed to cause public notice of said hearing to be given as
provided by law.
MOTION BY: Mr. Ward SECONDED BY: Mr. Depew
Supervisor Ward Voting Aye
Councilman King Absent
June 26, 2003
Councilman Valentin Voting Aye
Councilman McLean 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 and total suspended solids, and
WHEREAS,
a local law has been prepared to carry out the Town Board’s
intention and is now available, now
THEREFORE,
the movant 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 24th day of July, 2003 at 7:20 PM at
the Wallkill Town Hall, following due notice as required by law.
MOTION BY: Mr. Ward SECONDED BY: Mr. Valentin
Supervisor Ward Voting Aye
Councilman Valentin Voting Aye
Councilman McLean Voting Aye
Councilman King Absent
Councilman Depew Voting Aye
MOTION CARRIED.
BE IT HEREBY RESOLVED that the following budget transfers be
made:
TO FROM
A1420.402 $2,000 A 2801 $8,202
A1355.404 $75,000 A 3005 $75,000
Continued