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Town board meeting public hearing


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RESOLUTION #50

1RESOLUTION #__50__ of 2011



TOWN OF WALTON
WHEREAS, the Town Board passed Resolution No. _49___ of 2011 identifying the parcels within the 1997 Designated Area and the 2011 Designated Area;
WHEREAS, the Town Board incorporates and confirms the “Whereas Clauses” for Resolution No. 50__ as set forth in full herein;
WHEREAS, the Town Board must determine whether to adopt a resolution precluding acquisition (fee and/or conservation easements) within the 2011 Designated Area and/or the 1997 Designated Area.
NOW THEREFORE BE IT RESOLVED,
1. The Town Board confirms that it is choosing at this time to preclude any DEP land acquisition (including the acquisition of conservation easements) and/or WAC acquisition of conservation easements within the 1997 Designated Area and the 2011 Designated Area, as defined and identified in Resolution # _49__, Exhibits A and B, dated __June 14, 2011___.
2. The Town Board reserves any and all rights under Special Conditions 7, 8, 9 and 10 to make new determinations in 2016 and 2021.

WHEREUPON, the Resolution was put to a vote, recorded as follows:


Aye Nay
Bruce Dolph, Supervisor ___x____ _______
Cheryl Boyd __x_____ _______
Kevin Armstrong __x_____ _______
Luis Rodriguez-Betancourt ___x____ _______
Leonard Govern ____x___ _______

Signed this _________ day of __________________, 2011


__________________________________________

Ronda Williams, Town Clerk



RESOLUTION #51 PROHIBIT LAND PURCHASING IN DESIGATED AREA
A motion was made by Councilman Govern, seconded by Rodriguez granting Supervisor Dolph permission to sign and distribute drafted letters addressed to NYCDEP and NYSDEC stating the prohibit of land purchase by these departments in the extended Designated Area. All in favor, motion carried.
Reported that a temporary wind tower has been placed on private property in the Town of Walton which could possibly include 6 – 10 more towers if everything works out.
Reported that the Tentative Equalization Rate for the 2011 Assessment Roll is 27.71%. The Board requested a copy of this report.
Reported that he received a letter from NYS Department of Transportation requiring a Special Use Permit for events on state highways and the policy for placing banners on state highways.
Received notification on a Sex Offender that has moved to the area.
Reported that he received notification from the Deferred Compensation Plan allowing employees to contribute to a Roth IRA through their payroll contributions on an after-tax basis.
Reported on the Supervisors Monthly Reports.
Supervisor Dolph asked those in attendance if anyone would like to address the Board. Maureen Wacha from the Chamber of Commerce stated she would like to thank the Board for allowing the Chamber to have office space at the Walton Town Hall. She stated this has allowed the Chamber to build a savings and they were able to hold many community events such as the Winter Carnival, Dances, Community Lawn Sales, Concert in the park, Night of Entertainment, Christmas Parade, and the placement of the Kiosk.

RESOLUTION #52 AMENDMENT TO AGREEMENT BETWEEN THE CATSKILL WATERSHED CORPORATION AND TOWN OF WALTON FOR INSTALLATION OF STORMWATER RETROFIT MEASURES
A motion was made by Councilman Armstrong, seconded by Rodriguez approving the amendment to the CWC agreement for Walton Mountain Road. All in favor, motion carried.
AMENDMENT TO AGREEMENT BETWEEN THE CATSKILL WATHERSHED CORPORATION AND TOWN OF WALTON FOR INSTALLATION OF STOREWATER RETROFIT MEASURES

THIS AMENDMENT, made and entered into the _____day of __________, 2011, by and between THE CATSKILL WATERSHED CORPORATION (THE “CWC”), A LOCAL DEVELOPMENT CORPORATION HAVING ITS PRINCIPAL OFFICE AT 905 Main Street, P.O. box 569, Margaretville, State of New York, and the TOWN OF WALTON (“Owner”), 129 North Street, Walton, County of Delaware, State of New York, the CWC and the Owner collectively referred to as the “Parties”; and

WHEREAS, Catskill Watershed Corporation (CWC) Board of Directors by Resolution 1475, the CWC agreed to provide a maximum of Ninety-Three Thousand Thirty-Two Dollars and Fifty Cents ($93,032.50) to the Town of Walton, Walton Mountain Road Stormwater Project with a required 15% local match; and

WHEREAS, the parties desire to extend the term of the Agreement for funding of the Town of Walton, Walton Mountain road Stormwater Project to December 31, 2012 subject to any further extension.

NOW THEREFORE, the Parties Agree and Stipulate that Agreement originally dated April 14, 2009 between CWC and the Town of Walton is amended as follows:
Section 1.02 Duration of the Agreement
This Agreement shall be effective when fully executed by the Parties. This Agreement shall expire on December 31, 2012 subject to an extension approved in writing by CWC. This Agreement may be extended, renewed, or terminated upon the mutual agreement of the Parties.
IT IS expressly understood that in all other respects, said terms and conditions of the agreement shall be full force and effect.
THIS amendment of the agreement shall bind heirs, executors, administrators and assigns of the respective parties.

THIS IN WITNESS THEREOF, the parties signify their agreement by signatures affixed below, one part to be retained by CWC and one part to be delivered to the Town of Walton.


For Town of Walton
BY:____________________________________ Date:__________________

Bruce Dolph

Supervisor

Town of Walton


STATE OF NEW YORK )

)SS.

COUNTY OF DELAWARE)


On this ____________day of _____________, 2011 before me personally came Bruce Dolph, to me known, who, being by me duly sworn, did depose and say that he is the Supervisor of the municipality described in and which executed the foregoing instrument; and that he signed his name thereto by the authority of said municipality.
_______________________________________

Notary Public


For Catskill Watershed Corporation
BY:____________________________________ Date:__________________

Alan L. Rosa

Executive Director

Catskill Watershed Corporation


STATE OF NEW YORK )

)SS.

COUNTY OF DELAWARE)


On this ____________day of _____________, 2011 before me personally came Alan L. Rosa, to me known, who, being by me duly sworn, did depose and say that he is the Executive Director of the Corporation of the municipality described in and which executed the foregoing instrument; and that he signed his name thereto by the authority of said Corporation.
_______________________________________

Notary Public




RESOLUTION #53 TIME WARNER FRANCHISE RENEWAL AGREEMENT

COMMITTEE REPORTS:
A motion was made by Councilman Govern, seconded by Armstrong approving the Time Warner Franchise Renewal Agreement with the 1 ½ % franchise fee amendment. All in favor, motion carried.
STATE OF NEW YORK

Town of Walton

County of Delaware

In the Matter of the Renewal of the Cable Television Franchise Held by TIME WARNER ENTERTAINMENT - ADVANCE/NEWHOUSE PARTNERSHIP in the Town of Walton, County of Delaware, New York

An application has been duly made to the board of the town of Walton, County of Delaware, New York, by TIME WARNER ENTERTAINMENT –ADVANCE/NEWHOUSE PARTNERSHIP (“Time Warner”), a partnership organized under the laws of the State of New York doing business at 120 Plaza Drive, Suite D, Vestal, New York 13850, and holder of a cable television franchise in the Town of Walton for the approval of an agreement to renew Time Warner’s cable television franchise for an additional ten (10) years commencing ______________,. The Franchise Renewal Agreement would bring the franchise into conformity with certain provisions of the Federal Cable Communications Policy Act of 1984, as amended and certain court rulings.
A public hearing was held in the Town of Walton New York on _______________, _____at _____ P.M. and notice of the hearing was published in the _____________on__________________,.
NOW, THEREFORE, the Board of the Town of Walton finds that:


  1. Time Warner has substantially complied with the material terms and conditions of its existing franchise and with applicable law; and




  1. The quality of the Time Warner service, including signal quality, response to customer complaints and billing practices has been in light of community needs; and




  1. Time Warner has the financial, legal and technical ability to provide these services, facilities and equipment as set forth in its proposal attached; and




  1. Time Warner can reasonably meet the future cable-related community needs and interest, taking into account the cost of meeting such needs and interests.

BE IT FURTHER RESOLVED that the Board of the Town of Walton hereby renews the cable television franchise of Time Warner in the Town of Walton for ten (10) years commencing ____________________, ______and expiring ______________, ______.


BE IT FURTHER RESOLVED that the Board of the Town of Walton hereby confirms that this Franchise Renewal Agreement replaces the original franchise last amended on _______________________, _______.
The foregoing having received a ________ vote was thereby declared adopted.
Dated:________________, ______.

________________________________

Town of Walton Clerk

APPROVAL OF BILLS:
RESOLUTION #54 APPROVAL OF BILLS
A motion was made by Rodriguez, seconded Boyd by approving the vouchers as presented for payment. All in favor, motion carried.
General Fund A #108-140 $49,512.33

General OV B #5 $ 37.90

General Hwy DA #51-60 $ 4,451.46

OV Hwy DB #13-19 $17,695.75




OTHER BUSINESS:
Councilman Govern suggested sending a letter of recognition to the family of John Esposito for his service to the town, village and community of Walton. It was agreed that a resolution would be drafted and presented at the next meeting.
EXECUTIVE SESSION:
A motion was made by Councilman Armstrong, seconded by Rodriguez-Betancourt to enter into executive session for the purpose of discussing a personnel issue. All in favor, motion carried.
Entered executive session at 7:20 p.m.
Back in regular session at 8:00 p.m. with no further business before the Board, the meeting was adjourned.
Respectfully submitted,

Ronda Williams Town Clerk



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