A Public Hearing was held by the Town Board of the Town of Wallkill on October 9, 2008 at 7:25 pm at Wallkill Town Hall, 99 Tower Drive, Middletown NY. Members present were Supervisor Ward, Councilman King, Councilman Valentin, Councilman Mulqueen and Councilwoman Neighmond. Councilman. The Clerk read the following notice:
TOWN OF WALLKILL, ORANGE COUNTY, NEW YORK NOTICE OF PUBLIC HEARINGREGARDING THE PROPOSED CREATION OF THE WALLKILL COMMERCIAL CENTER BUSINESS IMPROVEMENT DISTRICT AND THE PROPOSED ADOPTION OF THE DISTRICT PLAN
PLEASE TAKE NOTICE that pursuant to a Resolution adopted by the Town Board of the Town of Wallkill on September 25, 2008, a Public Hearing will be held by the Town Board of the Town of Wallkill on October 9, 2008 at 7:25 p.m. at Wallkill Town Hall, 99 Tower Drive, Building A, Middletown, NY 10941 regarding the proposed creation of the Wallkill Commercial Center Business Improvement District (“the District”) in the Town of Wallkill and the proposed adoption of the District Plan for the District.
The proposed District encompasses a geographic area bounded roughly by the City of Middletown boundary line on the west, the Wallkill River on the south, Goshen Turnpike on the east (including certain properties just south of Route 211 East on the east side of Goshen Turnpike) and Route 211 East (including properties along Fitzgerald Drive and Maltese Drive and properties on both sides of Route 211 East) on the north, and most of the properties in between those boundary lines, encompassing the primary commercial corridors known as Route 211 East and East Main Street/Crystal Run Road from the City of Middletown border on the west to Goshen Turnpike on the East. Other properties in the District are certain properties north of Route 211 East and on either side of New York State Route 17 (the future Interstate Route 86) and certain properties on both sides of Tower Drive proceeding north from Route 211 East, as well as certain properties south of East Main Street between Interstate Route 84 and New York State Route 17 and near the Wallkill Cemetery. The District’s geographic area and boundary lines are more particularly described in the District Plan and map, which is on file with the Town Clerk of the Town of Wallkill at the office listed below.
The primary purpose of the District is to provide enhanced police services to property owners and businesses and to enhance public safety and security. The District will contract with the Town of Wallkill Police Department to provide a lieutenant, three sergeants, two detectives and thirteen patrol officers who will be dedicated to patrolling and protecting properties and businesses in the District. Those police officers will commit their time and efforts exclusively to the District. They will be assisted by two full time dispatchers and a full time Administrator and will be supplied with the necessary equipment and up to six police vehicles to be used solely in the District’s geographic area. The maximum cost of such services during the first year of the District’s existence will be $2,597,216.07, and the maximum cost of such services during subsequent years will be $2,405,220.45, subject to increases based on the Consumer Price Index (or similar index) and the impact of subsequent police contracts. The cost of providing such services will be raised by a special assessment imposed on properties in the District based on the percentage that the assessment of the particular property bears compared to the total assessed valuation of all parcels within the District, all of which is described in the District Plan.
Copies of the Resolution calling for the Public Hearing, as well as copies of the District Plan, may be examined at the Office of the Town Clerk of the Town of Wallkill at the office listed below, and copies of both the Resolution and the District Plan are available free of charge from the Office of the Town Clerk of the Town of Wallkill at the office listed below. In addition, a
October 9, 2008 1 copy of the Resolution and the District Plan are available for viewing on the Town’s website at www.townofwallkill.com.
Any owner of real property, deemed benefitted and therefore within the proposed District, objecting to the District Plan must file an objection at the office of the Town Clerk, Town of Wallkill within thirty days of the conclusion of the Public Hearing on forms made available by the Town Clerk. In addition, if owners of at least fifty-one percent of the assessed valuation of all the benefitted real property situated within the boundaries of the proposed District, as shown upon the latest completed assessment roll of the Town of Wallkill, or at least fifty-one percent of the owners of benefitted real property within the area included in the proposed District, so file their objections, the District will not be established
Persons receiving a copy of this Notice by mail are either owners of real property located within the District or tenants of owners of real property located within the District. Any resident of the Town of Wallkill is entitled to be heard at such Public Hearing upon said proposed creation of the District and proposed adoption of the District Plan. As noted above, the Public Hearing will be held on October 9, 2008 at 7:25 p.m. at Wallkill Town Hall, 99 Tower Drive, Building A, Middletown, NY 10941.
The Town of Wallkill will make every effort to assure that the hearing is accessible to persons with disabilities. Anyone requiring special assistance and/or reasonable accommodations should contact the Town Clerk.
BY ORDER OF THE TOWN BOARD OF THE TOWN OF WALLKIL
Louisa Ingrassia, Town Town of Wallkill 99 Tower Drive, Build Middletown, NY 10941 (845) 692-7800
Supervisor Ward: Gives a brief outline of what the district will do.
Councilman King: Has been opposed to this from the beginning. Legal implications as well as costs involved. Some large owners may benefit, smaller owners will feel the burden.
Councilwoman Neighmond: In agreement with Mr. King. This will have a trickle down effect. Businesses need to patrol there own areas.
Councilman Valentin: More calls are generated from the Business corridor.
PUBLIC PARTICIPATION
M. Bluestein: Discrimination to those of the Jewish faith. This is a holy day. Not in favor of this district plan. Urges all to object. May call his office for assistance in filling out objection forms.
V.Ferri: For the second year a Public Hearing is held on a Holy Day. opposed to this District, IDA questions.
October 9, 2008 2 C.Bizidlow: Represents Orange Plaza Opposed.
T.Pyler: Represents Sleepys Opposed.
V. Rotolo: Represents Mezza Luna Opposed.
J.Panetto: Strip Mall Owner Opposed.
M. Ramos: 20/20 Owner Opposed.
J.Deleo: Buon Appetito owner Opposed.
M. Martine: Martines Owner Opposed.
V.Romano: Strip Mall Owner Opposed.
R.Warren: Small Business Owner Opposed.
A. Crawford: Concerns with County Sheriff patrols in Town.
D.Depew: All already burdened by taxes. Opposed.
K.Kennedy: representative of Pyramid Corp. Opposed.
M. Pan: Orange Plaza concerns with police turnover. Address the police issue.
V. Ferri: One Police force is all that is needed.
V. Rotolo: Donates annually to Little League. Opposed BID.
D.Depew: Public comment is a good thing.
Mr. Valentin: The Town Board has been proactive in the Police protection at the Galleria.
A. Crawford: Should listen to the public. The public does not want this.
J.Wolfe: Property owner East Main St. Opposed.
M.Ramos: Opposed.
M.Sabbagh: Small Business Owner Opposed.
C. Wilson: experiences with Town Police.
P.Mann: Middletown Park Manor Opposed.
A. Crawford: Keep hearing open.
Ms. Neighmond : Against this urges all to voice their opinions.
Motion By: Mr. Ward to leave the Public Hearing open
October 9, 2008 3 Seconded By: Mr. Valentin
Mr. Ward Voting Aye Mr. King Voting Aye Mr. Valentin Voting Aye Mr. Mulqueen Voting Aye Ms. Neighmond Voting Aye
MOTION CARRIED
A regular meeting of the the Town Board of the Town of Wallkill was held on October 9,2008 at Wallkill Town Hall 99 Tower Dr. Middletown NY at 7:30 pm. Members present were Supervisor Ward, Councilman King, Councilman Valentin, Councilman Mulqueen and Councilwoman Neighmond. Also present were Attorney Joe McKay, Deputy Chief Quinn , Mr. Ingrassia and Mr. Jaques. The meeting was opened with the Pledge of Allegiance.
Public comment on the Agenda
V.Ferri: Sharon Drive, Green Energy, Empire Zone.
CORRESPONDENCE
To: Town Board Members From: E. Jaques, Building Inspector
I am requesting permission to send Walter Barrett to the Capital District Education Conference to be held in Albany NY. The conference dates are Oct. 21,22,23. The cost will be $265.00 for the courses and $336.00 for lodging. This will count as 24 hrs of the mandatory 24 for service credit.
Motion By: Mr. Ward Seconded By: Ms. Neighmond
Mr. Ward Voting Aye Mr. King Voting Aye Mr. Valentin Voting Aye Mr. Mulqueen Voting Aye Ms. Neighmond Voting Aye
MOTION CARRIED
To: Town Board Members From: Carol Voss
I would like to request permission to attend a one day seminar on Depreciation being held on October 17, 2008 in Fishkill NY. The cost for the seminar is 95.00. this will be part of my continuing education.
Motion By: Mr. Ward Seconded By: Mr. Mulqueen
October 9, 2008 4 Mr. Ward Voting Aye Mr. King Voting Aye Mr. Valentin Voting Aye Mr. Mulqueen Voting Aye Ms. Neighmond Voting Aye
MOTION CARRIED
WHEREAS, the Town has special districts with charges raised by benefit assessments, and
WHEREAS, the benefit assessment rolls for 2009 have been filed with the Town Clerk, and
WHEREAS, the Town Law mandates that a public hearing on the proposed benefit assessment rolls be held with publication of the notice of the completed roll and the public hearing not less than ten (10) nor more than twenty (20) days before the hearing, and
WHEREAS, the Town Board has been advised that it is necessary to mail notice of the public hearing to all property owners within the benefit assessment districts,
NOW, THEREFORE, BE IT RESOLVED as follows:
That the Town Board does hereby call a public hearing on the 2009 benefit district assessment rolls to be held on November 13, 2008 at 7:25 o'clock P.M., at Town Hall, 99 Tower Drive, Building A, Middletown, New York, and
BE IT FURTHER RESOLVED, That due notice of the said public hearing be given by publication in the official newspaper of the Town which said publication includes notice of the completion of the roll and the date and time of the public hearing which publication shall be made not less than ten (10) nor more than twenty (20) days before the date of the hearing, and
Motion By: Mr. Ward Seconded By: Mr. King
Mr. Ward Voting Aye Mr. King Voting Aye Mr. Valentin Voting Aye Mr. Mulqueen Voting Aye Ms. Neighmond Voting Aye
MOTION CARRIED
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WALLKILL PROMOTING EDWARD M. RODGERS WITHIN THE TOWN OF WALLKILL DEPARTMENT OF PUBLIC WORKS WATER AND SEWER DEPARTMENT
WHEREAS, there exists a vacancy in the Town of Wallkill Department of Public Works Water and Sewer Department at the Skilled Laborer position; and
WHEREAS, Edward M. Rodgers fulfills the requirements of knowledge, skill, and experience for said position; and
October 9, 2008 5 WHEREAS, it is the opinion of the Superintendent of the Water and Sewer Department that Edward M. Rodgers is qualified to fill said position;
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Town Board of the Town of Wallkill hereby promotes Edward M. Rodgers to the position of Skilled Laborer to serve in said capacity at the Town of Wallkill Department of Public Works Water and Sewer Department; and be it further
RESOLVED, that said appointment shall be effective no earlier than October 10, 2008.
Motion By: Mr. Ward Seconded By: Mr. Valentin
Mr. Ward Voting Aye Mr. King Voting Aye Mr. Valentin Voting Aye Mr. Mulqueen Voting Aye Ms. Neighmond Voting Aye
MOTION CARRIED
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WALLKILL AUTHORIZING THE COMMISSIONER OF PUBLIC WORKS TO SOLICIT BIDS FOR HIGHWAY MATERIALS
WHEREAS, the Town Board of the Town of Wallkill is in need of highway materials in the year 2009; and
WHEREAS, the Town intends to purchase the following highway materials: culvert pipe, fuel oil for heating, fuel oil for diesel equipment, gasoline, crushed stone, crushed gravel, chain link fence, geotextile fabric, K-Crete trench backfill, precast concrete catch basins, manhole and catch basin risers, cast iron frames and grates, signage materials, guiderail, and waterborne traffic paint; and
WHEREAS, the Town is required under New York State Law to award such a contract to the lowest responsible bidder;
NOW, THEREFORE, LET IT BE HEREBY
RESOLVED, that the Town Board hereby authorizes and directs the Town of Wallkill Commissioner of Public Works to advertise for and solicit bids from qualified parties for the purchase of highway materials as stated above.
Motion By: Mr. Ward Seconded By: Mr. Valentin
Mr. Ward Voting Aye Mr. King Voting Aye Mr. Valentin Voting Aye Mr. Mulqueen Voting Aye Ms. Neighmond Voting Aye
October 9, 2008 6
MOTION CARRIED
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WALLKILL AUTHORIZING THE SUPERVISOR TO EXECUTE AN AGREEMENT FOR THE PURCHASE OF A DRAINAGE RETENTION BASIN KNOWN AS SECTION 102, BLOCK 1, LOT 21 AND DESIGNATING THE TOWN BOARD AS LEAD AGENCY TO REVIEW THIS ACTION PURSUANT TO THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
WHEREAS, the Town of Wallkill was previously the owner of a parcel of real property located at the corner of Sharon Drive and Blumel Road in the Town of Wallkill, said property designated as Section 102, Block 1, Lot 21, and which lot was used by the town as a drainage retention basin; and
WHEREAS, the property was subsequently purchased by William Fuentes and Nelson Rivera; and
WHEREAS, the Town of Wallkill desires to purchase real property known as Section 102, Block 1, Lot 2 from owners William Fuentes and Nelson Rivera in order use said property as a drainage retention basin; and
WHEREAS, the Town Board seeks to review the potential environmental impacts of said purchase pursuant to the New York State Environmental Quality Review Act (“SEQRA”);
NOW, THEREFORE, IT IS HEREBY RESOLVED, that, in accordance with the provisions of ' 617.6 of the regulations implementing SEQRA, the Town Board hereby determines that the aforementioned proposed purchase is an action subject to SEQRA; and be it further
RESOLVED, that the Town Board hereby preliminarily classifies the aforementioned action as an unlisted action pursuant to ' 617.4 of the SEQRA regulations; and be it further
RESOLVED, that the Town Board determines that it is, and will be, the Lead Agency with respect to the consideration, review, and determination of significance of the proposed purchase pursuant to SEQRA regulations ' 617.6(b)(1)(I), because there are no other involved agencies; and be it further
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk, as a matter of courtesy, to forward a copy of this resolution declaring itself Lead Agency to interested agencies and other agencies as required by law; and be it further
RESOLVED, that the Town Supervisor is authorized to execute such agreements and documents as may be necessary to purchase and record the transfer of the aforesaid property, subject to the review of said documents by the Town Attorney; and be it further
RESOLVED, that the Town Attorney in cooperation with the Town Engineer, if necessary, is authorized to prepare an Environmental Assessment Form (“EAF”) with respect to the purchase; and be it further
October 9, 2008 7 RESOLVED, that pursuant to the provisions of Section 64, Subdivision 2 of the Town Law of the State of New York, the Town Board does adopt this resolution authorizing the purchase the aforesaid property for the sum of $2,500.00; and be it further
RESOLVED, that this resolution is adopted subject to a permissive referendum and that the Town Clerk is directed to publish and post the notice of adoption of this resolution within ten (10) days in accordance with Section 90 of the Town Law of the State of New York.
Motion By: Mr. Ward Seconded By: Mr. Valentin
Mr. Ward Voting Aye Mr. King Voting Aye Mr. Valentin Voting Aye Mr. Mulqueen Voting Aye Ms. Neighmond Voting Aye
MOTION CARRIED
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WALLKILL AUTHORIZING THE TOWN SUPERVISOR TO ACCEPT A BID FOR THE REPLACEMENT OF THE HOT AIR SYSTEM AT THE DPW GARAGE
WHEREAS, the Town Board of the Town of Wallkill has determined that it is in the best interests of the residents of the Town of Wallkill to contract for the replacement of the hot air system in the garage of the Town’s DPW facility; and
WHEREAS, the Town is required under New York State Law to award such a contract to the lowest responsible bidder; and
WHEREAS, bids for the replacement of the hot air system at the garage of the DPW facility were solicited, received, opened and reviewed; and
WHEREAS, the lowest responsible bidder has been identified;
NOW, THEREFORE, LET IT BE
RESOLVED, that the Town Board hereby directs the Town of Wallkill Commissioner of Public Works to accept the bid submitted by C.R. Wolfe, 449 East Main Street, Middletown, New York, for the replacement of the hot air system at the garage of the DPW facility under the terms and in the amount as set forth in said bid.
Motion By: Mr. Ward Seconded By: Mr. Mulqueen
Mr. Ward Voting Aye Mr. King Voting Aye Mr. Valentin Voting Aye Mr. Mulqueen Voting Aye Ms. Neighmond Voting Aye
October 9, 2008 8 MOTION CARRIED
TOWN OF WALLKILL RESOLUTION OF SUPPORT AND CONCURRENCE WITH THE NEWBURGH-STEWART EMPIRE ZONE (FORMERLY ECONOMIC DEVELOPMENT ZONE) REGIONALLY SIGNIFICANT PROJECT APPLICATION
WHEREAS, New York State has created the Economic Development Zone Program, now known as the Empire Zones Program, to encourage industrial and commercial development in select municipalities across the State, and
WHEREAS, the Town of Wallkill, as an eligible municipality in conjunction with the County of Orange, received designation of an Empire Zone and was re-designated as distinct and separate contiguous areas pursuant to Section 957 (d) of the general municipal law, and
WHEREAS, New York State has amended the Zones program to increase benefits and allow additional areas to be deemed as Regionally Significant Projects, and
WHEREAS, the County of Orange and the Town of Wallkill intend to amend the Newburgh-Stewart Empire Zone boundaries to encourage industrial and commercial development and to allow for the designation of lands in the Town of Wallkill for a Regionally Significant Project, and
WHEREAS, President Container, Inc., located at 290 Ballard Road in the Town of Wallkill, New York meets the criteria of Section 957 (d) of the general municipal law as a regionally significant project by creating 50 new manufacturing jobs for inclusion within the Newburgh- Stewart Empire Zone in an area outside the distinct and separate contiguous areas, and
WHEREAS, the Town of Wallkill wishes to support and concur with the Empire Zone designation of section 60, block 1, and lot 120 and portions thereof, as a Regionally Significant Project on behalf of President Container, Inc., and
NOW, THEREFORE, be it resolved that the Town of Wallkill Town Board, in its capacity as governing body of the Town of Wallkill, does hereby support and concur with the County of Orange to include a manufacturing facility for President Container, Inc., to be located at 290 Ballard Road in the Town of Wallkill, New York (SBL 60-1-120) as described within the attached Local Law 9 of 2008.
Motion By: Mr. Ward Seconded By: Mr. Mulqueen
Mr. Ward Voting Aye Mr. King Voting Aye Mr. Valentin Voting Aye Mr. Mulqueen Voting Aye Ms. Neighmond Voting Aye
MOTION CARRIED
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WALLKILL ADOPTINGLOCAL LAW NO. 8 OF 2008 AMENDING THE TOWN CODE OF THE
October 9, 2008 9 TOWN OF WALLKILL TO DESIGNATE A STOP INTERSECTION AT HULSE STREET, RIDGEWOOD AVENUE, AND EVAN COURT
WHEREAS, Chapter 233-4 of the Town Code of the Town of Wallkill regulates the designation of stop intersections in the Town of Wallkill; and
WHEREAS, a public hearing was held on the September 25, 2008 at 7:25 p.m. to assist in the Town’s consideration of the need to designate a stop intersection at Hulse Street, Ridgewood Avenue, and Evan Court and to add a traffic control device at the corner of Hulse Street where it intersects with Ridgewood Avenue and Evan Court; and
WHEREAS, the Town Board of the Town of Wallkill has determined that designating a stop intersection at Hulse Street, Ridgewood Avenue, and Evan Court is in the best interest of the general public safety and welfare;
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Town Board of the Town of Wallkill hereby adopts said Local Law No. __10___ of 2008, entitled “A LOCAL LAW TO AMEND CHAPTER 233, SECTION 4 OF THE TOWN CODE OF THE TOWN OF WALLKILL DESIGNATING THE INTERSECTION OF HULSE STREET, RIDGEWOOD AVENUE AND EVAN COURT AS A STOP INTERSECTION IN THE TOWN OF WALLKILL”, 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 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. Mulqueen
Mr. Ward Voting Aye Mr. King Voting Aye Mr. Valentin Voting Aye Mr. Mulqueen Voting Aye Ms. Neighmond Voting Aye
MOTION CARRIED
COMMITTEE REPORTS
Councilman King: Leaf pick up will begin in November. Do not put leaves on pavement. Pick up schedule is online. Urges all to be careful with woodstove and fireplace operation this winter.
Councilman Valentin: Park improvements are underway. Volunteers are needed for the Halloween event at the Golf Course.
Councilman Mulqueen: Will be setting up a meeting for Water and Sewer committee. STAR rebate checks are in the mail. Encouraged by the upcoming work at the Golf Course. The buildings are looking a little tired.
October 9, 2008 10 Councilwoman Neighmond: The Human Rights Commission held their last meeting of the year on Monday. Budget work is beginning.
COUNCIL COMMENTS
Councilman King: Frustrated with the lack of maintenance on Rt 211 East, spoke with Assemblywoman Rabbit she will try to help. Monument unveiling was great. Reminds that the needs of our Veterans should be addressed.
Councilman Valentin: Statue a great thing. Photos should be passed on to the Historian. Wishes well the Middletown Police Officers that were recently injured in the line of duty.
Councilman Mulqueen: NYRI hearing is upcoming at Kuhl’s all need to voice their opposition.
Councilwoman Neighmond: Election inspectors needed.Fire prevention week is this week . Howells on Monday Silver Lake on Sunday. Stop by your firehouse. NYRI hearing is upcoming October 28th Kuhls at 1pm Valley Central High School at 7pm. Red shirts will be available.
Supervisors comments
Please do not put leaves in the street. Pumpkin carving will be on the October 20th at 5:30pm at the Golf Course. Thanks to all that helped make the Statue a reality.
Deputy Chief Quinn: Ongoing Community and Youth events announced. Responds that there is response from multiple agencies when there is an accident on Rte 211 East.
Mr. Ingrassia: Congratulations to Ed Rodgers on his promotion. Flushing hydrants will begin on October 13th and last about 2 weeks. Will be communicating with the representative of RSR for updates.
Mr. Lippert: no comment
Mr. Jaques: recent fire on Poplar Lane was contained do to fast response of volunteers. Joe Morstatt a dedicated volunteer in our community.
PUBLIC COMMENT
M.Cody: Thanks to all that helped with the Statue. Next project a World War 11 monument.
V. Ferri: Legal bills, Police discipline issues, loss of officers, solicitors permit issues, violation of vendor rights, special rights for veterans.
E. Smith: Thanks for the resolutions, Golf Course issues. Would like to see drawings when available.
S. Patch: Takes good care of the area on 211.
Mr. King: no problems with his area.
October 9, 2008 11 Mr. Depew: This can be a learning experience.
Motion By: Mr. Ward to adjourn meeting at 10:40pm Seconded By: Mr. Mulqueen
Mr. Ward Voting Aye Mr. King Voting Aye Mr. Valentin Voting Aye Mr. Mulqueen Voting Aye Ms. Neighmond Voting Aye
MOTION CARRIED
MEETING ADJOURNED
Louisa M. Ingrassia Town Clerk
October 9, 2008 12