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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