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lake View Drive
I i lVF'RGIL.T,S, aSTF'NGERr OBERTS ftA'NT & VIGLOTTI,LLP ATTORNEYS AND COUNSELORNSaOR S A.T LAW GERALD A.VERGMjs* 1136 ROUTE 9 KENNPTH?v1.5TENGER WAPPINOERS PAT L u NEW Y�?RI 12590 .ALgERT 1'.ROBERTS . :• OF COUNSEL. LOUIS J.VIGLOT TI (845)�98-2000 IRA A.P1 R6PZN T JOAN r GARpErr** F4X(845)298-2842 LEGAL THQMAS.R.DAMS ASSISTANT; m e- ail:vSkP@Be 4Y E.IIECARLO EMANUEL P SARIS stWehnet A KARENP.MACNISH POUGHKEEPSIE OFR—_E 276 AJABt MALL . KEVIN T.McI)ERMOTr POUGIUMEPSIE,NY 126at STEVEN K.PATTERSON (845)452-1D46 JAY E.RENRO FLA. ' PINE PLAINS OFFICE IN IN Ny I' TO PRACTiCB - 2990 01MCH ST. • NY&FL ** P.O.BOX 21 �!IN NY T�7�PRACTICE - - - PINE PLAIN'S,ANY 12567 NY.&CONN. _ (5I8)398.9857 ADUR.PSS REpLy M:( )POUGHKIMP5l, WAPPINGBRS 28 811 l)AND REGULAR FAIL November 6, 2003 Willkie,Farr& Gallagher 787 Seventh Avenge New York,New York T 0019-r'i099 Attezrtian: Thomas Rothman,Esq. Re:. Cedai :ric�lls SrtIIc1' �_ x�✓i�ztyn(ia�scvi.0 V' PV File No.: i2951.0687 WFG File No. 9042 7-i88 Dear Tom. se half to your correspondence Of October 7,2003 regarding t, half of the Wopelly owit�rs�vrthin Cedar knolls have request _e above. More than Possibility Of i=rbprOvirzg tl�e road-and having dae.ccsts changed back to them. R hat the Tawn explore the Regrettably, not aII o.f the hox;Jeoslvrxers play cooperate. However, Supery or Ru I requested that a fi�,sOlr7i:ioli be prepared on the Town Board's rtlotion Town Law §200(.1) and(6), .Tarr aggi c;.ill provide the initial estimated ma . g.to pursuant to The cost should include sufficient surzs necess Xlmurn cost. conseTlting dn property owners. The Resolution should be made availablees retained bynon- 24,2003 Board -Meeting. the No vcxtlber While the original.Subdivision sh owed a 50 foot proposed road, floe pavement that was calls alho d is not located witlsn tllr? center of-the proposed Right-of-of-Way resultingin several Names. A cncy ai'tlie ma will be forNardecl to yol�at a latEr. date. O:1Wappin8er\T0wn BoarJ\Cedar KnoP;s`.11D403_T1Z.doc i 1 Another question that has arisen is the term of any bond used finance the is strictly a road iznprovernent,it would appear that we would be limited to 10 or l 5 cost. Since this under the local Finance Law. However, Joe Ruggiero Years combined with other bond issues that we might beable to stretch the e,belief that if this bond was Years. Please confirm, verall term to 20 i Very truly yours, VERG S STENGER, ROBERTS,PERGAMENT&VTGLQTT I,LLP B R P. OBERTS APR/bg cc: Hon. Joseph Rug Hon. Gloria Morse,eTown Clerk or Town Board File Hon. Graham Foster, Superintendent of Highways Joseph E. Paggi,Jr.,P.E. O.1Wappffigerl2'0wn Board.\Cedar Knnll9l110403-TR.doc i VE7RG.tLIS, STENGER, ROBERTS, PERGAMENT & VIGLo TI,LLP ATTORNEYS AND COUNSELORS AT LAW GERALD A.'VERGILIS* 1136 ROUTE 9 I�NNI lw m.STENGER wAPRINGERS hi-LI.S r ,N.E'4'F YCJRK t259t7 AL88RT I'ROBERTS OF COUNSEL: LCUIS 7,'1/IGLOTTI (845)298-2000 TR-A A.PLRGAMENT JOAN F.GARRI:{T T44; FAX(845)298-2842 LEGAL ASSIST,4,yZT. ClIOttiIAS R,iJAVIS e-.moil VSP�pCalacslWeb.nac AMY E'.DECA.RLo EMANUEL F.SARIS -- POUGHKEEPSU-;OPFICg KAREN P.MACAIISH 276 MAIM MALL . IfEVINT.McDE M0qT POUGHKEEPSIE,Ny 1260I STEVEN F-PArMRSON (845)452-1046 TAY R,R,EIVFRO PINE PLAINS OFFICE "ADM1'ITRDTo PRACTICE 2990 CHURCI3 ST. D;"ry&Fl.n. P.O.BOX 21 i., •'"A73M1TfZ1,p Tp FRACTICE - � _ PINE PLAINS,NY 12367 LY NY�•CONN, (518)398-9857 ADDRESS.REPLY TO:()FOUGHXMaSIE . ( )WF,PY1I4f1H@5 `'IA FACSI 41LE (2712-728,8111 c MJIMPLARaS AND REGULAR MAIL November 14•, 2003 Willkie,Farr& Gallagher 787 Seventh Avenue New York, Newyork- 10019_6099 4ttention: Randolph J. Mayer,Esq' Rc: Cedar Knolls Subdiv?'sio11(Lakevl„,v D1ivr') `dSRPN'File No.: 12951-0687 WFG File No. 90427-388 Dear Randy: Following up on our conversation of Thursday, November 13, 2003, I am enclosing herewith a photocopy of the Petition frolxl several of the homeowners is the closi g Subdivision. Supervisor Ruggiero thought it might be Knolls Petition in the.Resolutions you are preparing. g appropriate to reference that I a1n also enclosing a copy of arc estimate Of costs Prepared by Pa „ LI,P,Engineers to the Town, in connection with this ro�ect. It is m'rMartin&Del Bene, we are suppo5ed'to include:Ill n�iscellar)eoil, costs such as legal fees Condemnation erstanding that and related expenses necessal,,to complete the project i �a fees §200. Accordingly, oux best es#i,gate is a. Sip 'no i thr own Law the engineer's report. � � Tonal $8� e ount set forth in 1 Q sR5"CEIVAD NJ TOWN 0 'M%PpingLrlTown BaardlCedar Knollsll 11403-TR.doc DICTATCD BUT NOT PROOF READ BY ALBERT P.ROBERTS i i As explained, it wou]d be a great assistance if you could tr and instruct' to the Town;Board well in adace of the No e Zot your pe�p� sed Resolutions review by the SuPc:visor and I�iis staff. 24 meeting for Thank you for your usual cooperation, Very truly yours, VER S, STENGER,ROBERTS, .PERGAMENT &VIGLOTTI,LLP a 414LSEF�2 . ROBERTS APR/bg cc: Ho.n. Joseph Ruggiero; Supervisor Hon. Gloria 14✓Iorsc, Town Clerk Town Board File Salvatore Pennini .Hon. Graham.Poster., Superintendent of Highways rosoph E.Paggi,Jr., P.E. Cr:IWappingcrMwn Lioard\Cedar Knolls I1Q03-TR.doc DICTAI'ED BUT NOT PROOF READ BY ALBERT P.ROE ERTS SAP 1H ���3 �8�11 FR TO 52574558 P.02ia4 tm CL o '« to CL CD 0 LLCL �m i G 5 m r Q m KU m� C� .� .-- � Pm cu cv �? = m "o © ccm cu .. CDCo 4 m CU a LV_• c � ju CL � a I w w U a U3 K rLp - $ �3 IJI mdmU ❑ .'�� ' { Tam Hon..loseph RuWim,Supsndsor FAX MML: FoAer Albwt P..Robert .Esq. g 4aseph E.Pacgi,Jr,P,F aprlt�e 2�s Rmi Lakeside Road AN M4ut sged, we i Qve done a prO t'nirmyy desldop study on the road wM caicUiation fcr t�e com"erslan of t,*lro sbove ireferenwd private road to a dedicated T-swn MAd. We used the enclosed tax rnap an Oil CUr catMlatioRs,and have delemzined that the hard and soft far iA Aid Conversion would be$470,00a,ao, Assarning th&d this pencipal afnaurrt could be banded ovsr.twe nly pparrd urtfaWer ,um�iin that f#is saread dveni�sti r+ /�h vea�rls.'yptd at en Inner t'a m vt 5%,, bS 01 du'K t ic'ar - C' + �'. 1,Gif� ,hml"vd ii�i,�. AeL'1' °Y.7is (c �AL UKJ �' m�nz crtst a;a�rpccxitra#oiy��,GGG,,GG per r�ss:dAnt 3'brth �r»f�rlry ya�r�ftr r�t:re this. It them Sm any aluG44tom on the above ar.y Reuther information is r trttet+,plea,a sio r, f5ess#ate to contact rrl�;, x-I Po>s4-At"Fax Note 7671 1 gate 4 Page 1 Cc. Phone if FOX �. Af1n* Y Fm�ar VERGILIS, STENGER, Ro • sEltTS, PERGAMENT &VIGLOTTr,LLP ATTORNEYS AND COUNSELORS AT LAW GERALD A.VERGILIS. 1136 ROUTE 9 KENNETH M,STENGER WAPPINGF S FALLS,NEW YORK 12590 ALBERT P,ROBERTS OF COUNSEL: LOUIS J.VIGLOrn (845)298-20W IRA A.PORNSEL., JOAN Ft GARR817** FAX(845)298-2842 LEGAL OAMENT THOMAS R.DAVIS ASSISTANT,. EMAN IEL F SARIS e-mail:VSRP®BestWeb,net AMY E.DECARLO KAREN POUGHKEEPSIE opm E P.MACNISH 27fi MAW MALL KEVINT.MCDERMOTT POUG1 MAIN 12501 STEVEN X PATTERSON JAY 13,RENFRO (945)452-104G "A PINE PLAINS OFFICg DMPlxL+D TO PRACTICE 2996 C W NY&PLA HIIR.CR ST. P.O.BOX 21 a"ADMITM TO PRACTICE PINE FLAIN NY WS,NY 12567 &COS' (518)398-9857 ADDRESS REPLY TO:()POUGHKP,SPSIE ( )WAPPINGERS VIA FACSIMILE (212-728-811] ( �PINE PLAINS AND REGULAR MAIL January 13, 2004 Willkie, Farr& Gallagher 787 Seventh Avenue New York, New York 10019-6099 Attention: Thomas M, Rothman, Esq. . Re: Cedar Knolls Subdivision(Lakeview Dave) VSRPV File No.: 12951.0687 WFG File No. 90427-388 Dear Tom: I an' enclosing my letter of December 31, 2003. I believe the is are extremely Calling important and would request that we receive the proposed Resole sues posed in that letter Order Calling for a Mandatory Referendum.so that we call discuss sated es a Ion/ adjourned Public Hearing on Janua r p the referendum are important issues which m$u t0be resolved prior to the 2 th. The date time and rules Pertaining to the 6 . Thank you for your attention, Very truly yours, VERGILIS, S ENGER,ROBERTS, PERGAMENT&VIGLOTTI, LLP ALB p?ROBERTS g RECEIVED .BAN O:1WappingerlTown BoardlCedar Knolls1011304-TR.doc FOWN CU h I t cc. Randolph J. Mayer, Esq. Hon. Joseph Ruggiero, Supervisor Hon. Gloria Morse, Town Clerk Town Board File Hon. Graham Foster, ,Superintendent of Highways Joseph E. Paggi,Jr., P.E. 0:IWappi-9c,lT."$oardlCcdar KnQIWOt 1304-TR.doc VERGTLIS, STENGER ROBERTS, PERG ATTORNEYS AND COUNSEL.oAAMNRS AT &VTGLOI'Tl,LLB GERALD A,VERGILI5. 1136 ROUTE 9 STEN P WAp G ALBERT P.ROBERTS IIt INGERS FALLS,NE'W XORK I2590 LOUIs I.VIGLOTTI (845)298-20M OF COUNSEL. JOAN F GARRET-,, IRA A.PERGAI THOMAS R.➢AVIs FAX(g45)298-Z842 T LEGAL ASSISTANT MWANUa F SARIS e-mail:VSgP@BcatWeh.Ct A1vfY E.DECARLO RAREN P.MACNLSH Po 1B O c K'VIN T.MCDERMO'ri 276 IIALL �,���RPAT�RSON POUG(&}S�p G,12601 A0VnM To MACnC2 PINE PLAINS OFFICE • 2990 C13URCH Sr IN my 7D1'RW a P.O.BOX 21 CpNM. PINEPLA'NS Ny12567 (SI8)399-98,17 A11MM gory TO;( )POUGFA(�-�rE'SIE VIA FACSI4E222-728-$1.1I)Al►a?D REGULAR NLAIL {) Ps December 31, 2003 Willkie,Farr& Gallagher 787 Seventh Avenue New York,New Yo - rk 10019-6099 . Attention: Thomas M. Rothman,Esq. Re: Cedar Knolls Subdivision . VSRPV File No.: 12951.0 Lakeview 7 Drive) WFG File No. 90427-38$ . Dear Tom:. Thank you.for your email of December 23 regarding Hearing held on December 22, 2003 before the above. appeared and it was,clear that there`was less than However, at the Public wn Board,'a number of the residents taking over the road and having the costs for the upgrade unanimity with respect to the Town Property owners. pgrade of the road Paid by the abutting In Previous conversations with Rand y Mayer rather than Making the Resolution sub' to a f your office , Rand Board order a 1 P rmissive.referend»d suggested that mandatory referendum, The To , that the Town referendum, but as you and Rased �vrl Board now w referenda do not tit y painted out arts a mandatory precisely with §200. the statutes applicable to mandatory Attached is a list of the various property Property owners own p P rty owners. You will note that sev own four multiple Parcels. In addition, Mr, and eral of the Parcels, do not reside within the subdivision. Mrs' stand My p while they AS I understand my prior 0:1WappingerlTown BaardlCedar Knotls}I23103-TR.doc DICTATED BUT NOT PROOF READ BY ALBERT P.ROBERTS 1 ' I conversations with you and/ox Rand entitled to vote and that if there are y' it is my rderstandin that each o multiple property awne that all property owners are owner is entitled to vote. g husband and a vote for each parcel. This could be unclear whetherm wife, etc.) appear to be o unclear because the hple lot owners would have pposed to the project. multiple property owners in any event,please contact me some time d discuss in detail and advise the To �g the week of JanuaryTown 51'so we can Thy you for your attention and cooperation. Best wishes for a Happy New Year. Very truly yours, VERG STENGER,ROBERTS,PERG NI`&VIGLOM LLp Wbg �O.BERTS cc. Hon. Joseph Ruggiero, Supervisor Hon. Gloria Morse, Town.Clem_..... Town Board File Hon. Graham Foster, Su , Joseph E. Paggi,Jr,p.EPerintendent oFHighvi,ays. --- . 0:1WappingeTlTown 30ardlCadarKnolISU23I03-TR.doc DfCTATED BUT NOT PROOF READ 8X ALBERT P.ROBERTS lakeside JYYI] Year Farcei i i rrop Rd 135689 2004 6158-02-059674-00cG caner-lame _- Lakeside br class 4y i35689 2Q04 6?Se-g2�76615-0OIG�ar�nolis Imp As311 �� 23 -� Lakeside 7r 100 135689 lardo,Carlos �� -akesid 20Q4 &158-026Q2593-0 Z70 1 e 13568,9 Q¢3e l'uca,Michael J 220 akesi 2Q04 6158-02-595583-Q06w ?90,0Q0� ae �a 135689 hand,Anne-Ma210 2 Lakeside Rd 135889 2004 6158-02-037649-0OTIelson �98+0W L.-- 7 2004 615 Eric Lakeside Rd 8-02 fi7366""Wenconeri,Ra 1,500 17 ?35689 2004 6758-02-0526Z7 00 Ymanl270 Lakeside Rd M!ash6u 65,000t---r 735689 2004 6158.a •POoe^t L210 3 Lakeside Rd 2 64Z627-0OQtterlsak,Pauline �' . 19 Lakeside Rd 735689 2004 6158-02-UO620-008Y1 Z70 67,500� 135689 2004 67 e"Inger,L� 27Q 16 Lakeside Rd �2-629646..QQNefs Z,000 17 ?35889 2004 61S8.p2-S23S42-00�ieladn, Lr 31Z Lakeside Rd LT 210 �"---- I8 135689 2004 E;tS8-02-07 ' Lakeside Rd 62,000 98t4-QOAiessinge1; 270 20 73S8gg 2004 67'SB-0Z-siS637-0OMt�or,1, Lakeside z Rd 135689 2004 Alan J 210 75;ow 2 2 Lakeside Rd 135589 B758-02-608633-QD811enconen•Raymonr2t0 75 l/ 2 Lakeside Rd 61S"24 72600-00pgnf on e, 58,500 (/ 24 1351M 2004 6758-02,6aQg Alaerushi210 Lakeside Rd 75,20Q 73588ej z�OlflAenraney: mon,270 y- 2 6 Lakeside Rd 200f stZ-093623-001y[e 48,500✓ �1356" ncGt�Elri:� ymor.0220 28 Lakeside Rd 61S842-S87617-QQO 135689 mmennan,John 1280 30 Lakeside Rd 2004 6158-02-578672-Q01C7 95,500 ' 135689 2004 6158-02 5s9607-00{8 ,:Michael J 210 32 .. Lakeside Rd 141,300' � 135689 2004-- 61 ePharq,Edward f2i 0 . 2.662600-00Qa9ala,Frank J Jr 170:000 zt0: 1001000= 3 Owner Name Menconeri,Antanina SWIS Year Parcel id Prop 135601 200d 61 Street Name Mend,Antanina -57-06-332967-00c ingail St Class Total AV enconert,Antanina 135601 2004 6T57-06.338965_00019 _ 311 Maple St _ 100 Mencaneri,Antonina 135689 2004 615711-01-330935-000 ingails St 411 130,000 Menconeri,A 135689 2004 6157-0 31 T 1-036953-000 Ingalls St p1 p ntanina 135689 2004 6157 311 Menconerf,Carol Ann d1'U0g57-000 ingails Street.R So0 135689 20U 6258-04.7 ear 311 Mencan0O.Steen 5545Q-0a013 arothers Rd 100 135889 200+1 g 210 6Mencone",Eileen u ��3-488062-00032 Ail Angels 104,D00 Hill Rd 270 Menconewt.Eileen u 1'S689 Z 61S94Y-6M28-0Oi7u 86,500 T35689 2004 fi158-0 Lakeafde Rd 270 Menconerf,fwlleen Af 2-WW3-0O07A fakeaide Rd 46,50p Wen� R8Yntond 1356a9 2004 B158-0Z�68O-0002.Lakeside Rd. 270 58,500�✓ Meneoneri,ROYM 135889 2QO4 6Q6T-0�{.785105"02079 Roerte 90 210 65,000✓ 73was MenCOnerf,�Ymond 2004 5158.pZ4M234 •LakesidsR . 117,000 l�Ie+reaImn,.RaYnXOd 13568g Zaps 8958.0ZgQ062 -0D072 60,000 l� 135889 Lakeside Rd: 21Q Menconerl,Rays 20at 8158-02-M 1Was 20" Lafceaide Rd. 21,0 . Rzpwnd.A �2-0003Z S. All Angela F1ill 270 Rd- NPenconerf„Valerfo 1356a 2004 6158-02'673860- 86,500 QOQZ:,.i,akeaide•Rd Z'!0 Menconerf,Val 2004 A 1358$S 2004 6 'Z•i8-07 6•+,000 `� -00Q"Fil Vte�nrRd MOncone"i V i 1. 2004 61e&,4-3T733 '� 311 alerioA 135689 20 K 6258�74-7 0 �IgtrSt 5S'f60-00013 13 3�2 6 07 0 avers Rd 210 104,000 I 1 J j T 5 t'.'O N IF R f.`76 Pp . 4 F rl A f N IF T' Pp' NY 3, T 7- NOTICEOFPJBLICH EARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Vdappinger, :0 Mae-"] of 101 KirunoC)puupj 00's'Wvu:v 010-10 pm -IE CT I--,' 'i"Iwo cj 11 1 Y li F� E!I I � . 1,4!^pt- E R 'n n i- 1)fJ d A f r-v ALBERT M, MTEN NOTARY MUM, STATE OF NEW YORK 69L L-W8 (go QUALIFIED IN BUTCHESS (,'DUNyy P 14-8240760 saiij-post. S�r�P�IS3ICIW EXPIRES JUN 15 2007 saou [69L 10 'R j ...013 "W01131P 0 X.108IS 'Wnui lip 0 ( )Vd OWW 80�ON S-:9018d MHUDIH 1Qu.10JUT Dqj uo sn TISIA JO (9t,S)11?Ql-Ijpoq.in0Ll* Puov 0111. ITI" 'SolvpIcIn v 1QOUP0 'UO'lWUlJ(�j1T1 1303T 1,10Ou0DQLjl.lc�j&I 1AP01 ,9d,s/npo-msn.'mmm �zmq �16=,ctS lRout.11014 slputlf 1111- 1.1u3 'julc),T TsOM IV s fui.WuLtjj 01 jlog L'L�j PU13 OUIOSOUO'T A Journal VU eepsieN.Y. f{Y`'fe plan arlrappdagd ragpe's# A1d ot,;Thaa1rtln11p/ad by said palikion aghsfst a1 the,Widening and'paynro(yt Laksto pmiva shown on; PUBucnioN oflyro pxist6r9g read Into Toltirlh 44sppimger Ts 1 foot-wldo e6ad,tpK'tha meo.5 56 62 axoepl fiyr the, onttla tenth=6t Ldakoal 1e ,parpet Idonda ;as 1 H,I,f, Drlvp havrt9,a irr)al;lernggthreani pncPomt,lyparpol,, o1apCyrorufnaafel i586,1ih -Tax �"Ma los ear deat;�'an� Inbl�ar6tal °:615d 669,19 imprpv6toenks'and;wp6os d1562 t716 State of New York antl(n,00npaotion ttaprcawlth, ,615602�Bp�56� county of :W ERE ,the his um 6156Q2,63T6 9 yDutchess erpalant oppsa �lo lee ,6153r�a„73a Cit of Poughkeepsie sie expos MQr suohl lmpro o• 968,tY2•r262 y i} ma Incldorgth6postof , Sf5&p262© the na6aasery+;wcg1IaJtion b} 6 66�02=6256__- ole;Tgwn t)tuporl bl ay or '' 61s9,•A,2•d2364,,2' ether real pplrate,I i6jtlr sss r6156 0261 1q JnGdankallharato Isastlrgst "" 6t6E02;615637 "— ad'to kae 53666CY to he i610026g6653ita .orr�brrdi _inroad by the Pasurca o1" of the City of Poughkeepsie,obilgalions'pursaant�lo rth ,,2p Dutchess;; Count y y Lo al lnaap e. 6159 0240D6 Lavt"%pyor a 615e 593623 Y New York,being duly sworn,says that at period not years, and oxpsading�tftae)a 61*02-�4761T; the several times hereinafter mentioned she was and still'is � 6136p2-�T891+� -- WHEREAB tfia a1r6said 6156 02 569607 the Princi I-of bps"base` ata1" t53 62 5026gIP7 p Clerk of the Poughkeepsie Newspapers Division rdhad to he, an dlallstd� of Gannett Satellite Information Network, Aloh purafarrt 10 tha regU- Inc.,publisher of leftonaolttfa ewYarlg3lato;` the PC►UGIIICEEPSIE Ip tPepartmrfnk of Enwlrenmo6 JOURNAL,a news tat,pnsarraridri prdmuldal-� paper printed and gpurauant fa ih. tate published every day in the year _ Enylronma6tahqueUly Ra-+ Poughkeepsie, y in the city of wia Agire m�to eiria, g keepsie,Dutchess Count New York, and that the t�aa,of which r re," of o, annexed NOTICE was dui thp,;,Tpwn Raardrh�aa;dalar y published in the said newspaper fiin will not�teault'In any f�Y iras e tlt7xl 1gntHoam envlrpnmantsl 01- weeks successively,in each week,commencing o w_____�1ath. ?fHREA ,sUaLr o6at on the _ _— shall be„anMlrel ;Naarne�in Dec. ----- day of thaTdml"rnskenda,�bysssosa ' __� y manta U ar the prdpaptes 2003 — — — — ftonelfte', ehelby',,an on e following dates wHER Ad1 Ure area bona-, thereafter,namely on: Mad°by su6h,mpr6vomdht shalt Wij a xoat property „HCTICE 1tP - tro4ng o;';ebu*g,the faUBp IC HEARiII pportions olsuch attestt066, -- --'NOTICE HERE Glµ- (oprov6d,as herst ore"de- EN lhat.lha Town Ord of scribed and as more tdlly-sal the Tosp'�,rot lhlappinger, `forth]6'AppgrdixAattahood'� Clutches Cponly Mara, herolo,arid hereby atade�a, York; hat'adepiod,he tot 'Oed"�hetedf�,4hd lowing Resalutloti an1C)rdar ' -wMEAEAS, 0 is np 'd Calling o;Pobhc He en for shellac call a�pWln h6aring ------ poosmbsr i2r,20g# witfl. to Bondor Yha'guasllon ot; - — re$pedt;to tho'oonsRctkn; indopaking the algOOedi -- � and.e rove memt Lake;pauiryrg a6�d,)f tovanienta, p And ending o side rive in the CasTar pursuan#to SactI`i 2 ID at g n the Knolls;Subdlvlsion;m the fhe Town haw ;pow, --- day of Town of t+llapphn0o(Putoh THEREEQRE 4E IT — -� 2 3 both days inclusive, County, New xk as RESOLVED AND OR. 6ollowse CEREb bylho TbWh Beard + RESCI.V'TlON Nta pt this Town 01 Appin or,, 20052T7- gytWeea -County,,: ow ' 02026�"tA3G6P York; °; ATot;w3n'Y�Bodalard$kTlak3 fthe !'Bag llaosn tbIl.lo:Auw'a m, eettg tihp t Subscribed o th TownB6ardo11hoRpv4n sapin�ar putotassGun p1 Wappingt, 7utoa6ss day of sworn to before one this ' flov nr held in dheonhty-Nowt Ynrk shall ha, y owhi JHeNI 20 IMlloush hold at lho,To HaI .lp, — _ j y(,Road, In "appingv r4Ils, ,wapphngore, Palls, Claw, - 2Qp New York In sedd Taro In Yrbtk,Jo sold Town,orr,flie 0 the 241h,day &,Now berr 226d dad�p1 jPiscember; > 2003, PrevalUn TVmo Preyallling` Tlmo for the --� PR EEN purpose �0( bonduotin,a Notary JOSEBH)FIUGCaIiER03Up0- public jhoarlit6An consider visor, 1ho mailers delscribad lrithe 0290; RCBERTNAL[PATI"0hrnoll- roemblos"hereat end to , ihah _ Meat all persons Imarostad Y commission expires ' YtNCEtVI ETPINdk C notl kt the subje�'thoreol can- pt{r --- -- — _ _ irAen cerhI6g the same. B —" CHRIST PHEJa. ' EY aedllon 2,TheTown�Clark Cdua6ilmari; 1s hereby suthbrhzed and JCaSE H`,AOLONI P�tncil- 0iredad to dauss a copy at, man 9wwi�xr1rrlcrr7mh� w+n �.0 . ?,.; I e.. AFFIDAVIT OF POSTING STATE OF NEW YORK ) ss.. COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger,Dutchess County,New York,DEPOSE AND SAY: That on the 8th day of',Decembet 2003, I caused to be posted on the official signboard maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of Public Hearing,which Notice is part of a resolution and order duly adopted by the Town Board on the 24th day of November, 2003. A true and correct copy of such Notice is attached hereto and made a part hereof. � r Town Clerk Subscribed and sworn to before me this ' day of PfL°Wb °.• 2003. PZ Notary Public NotaryPuu9lc,StMe fNewYotk RasWingin Duchess County hegiauAon#oism4o302 1 My Commission Expires April CONSTRUCTION & IMPROVEMENT OF LAKESIDE DRIVE AFFIDAVIT OF MAILING STATE OF NEW YORK ) COUNTY OF DUTCHESS ss: FLORENCE HANNON, being duly sworn, deposes and says: I am over the age of eighteen (1S)years of age and I reside at 18 Beatty Road, Wappingers Falls, New York. On the 8th day of December, 2003, I served a true copy of the annexed NOTICE OF PUBLIC HEARING by mailing a copy of same in a sealed envelope with a pre-paid postage thereon in a Post Office or official depository of the U.S. Postal Service within the Town of Wappinger, Dutchess County, New York, addressed to the last know addresses of the addressees as set forth on the attached Schedule No.1. The last know addresses are the addresses maintained by the Town of Wappinger Sewer and Billing Department which regularly updates the addresses of property owners within the Town's various Water and Sewer Districts and/or Improvement Areas with information received from the Town Assessor's Office and with notices received from title companies and real estate attorneys in connection with the sale of real estate within the Town. FLORENCE HANNON� v Deputy Town Clerk Srn to bef me o this day ofX4�_2.003 0 NO ARY PUBIr GLO^IA EAH ACORSE �uc5 ad is C';,cS ss Cuauty 4761080 Comm.Experes Aug.31, NFIA5; P14 I-���]- MII 5,1"RFFT Nlr' j- mcw T NY 1 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Tcwr 3card.of the Town of VjapiJIng.r, Dutchess County, New.York,.has ado 0'14� ptaidthei0 110 1119 lascilut!QnAnd rd r 111 4 u 110 sering IorDa- oemBer , with res ectiqthe yr 0 't ti In and I provemencof LakesideIf 1r At the edar. oINSub- 5y s t3ut. an, 0 9! appingor, C v f n rk— tip -F.T IN A HFATj-j I.n�;i cli d Alunco pumm .ij,y � ulou'we .v to t'. T ar m III R 016,10 ply, _(j(�j<KFFpFR of f"4¢-pkly peim"I' if', WAPPTNGER-", f III of )' cr)py, J.n nrw:e' on n o t i ALREnT M. NOTARY PUBM, SME OF NEW YORK —--------------------------- QUALIFIED 11 OfITCHESS COUNTY 0 14-V40 7 COMM XP ON EZa JON 15,2007 69L LES (St snail 9t UPgsr seou SAO `1904S MnLJ1L GIVIS 4Jnjj paylyaj:ON HEIH i/puuq/[!1-u�u.TU'L'ms n-mmj lounlul 041 uO m ps;rA.10 (Sti8)ILI @11,11)oq -PL'W 0111'IRM .'80 updn r I TAL?c), -ff6-9t9 Mourfloq S'pupi� oq) pp- TOWN OF W"PINGER TOWN CLERK. SUPERVISOR GLORIAJ.MORSE JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA ' CHRISTOPHER J. COLSEY JOSEPH R PAOLONi TOWN CLERK'S OFFICE ROBERT L.VALDATI 20 MIDDLEBUSH ROAD WAPPlNGERS FALLS, NY 12590-0324 (845)297-5771 December 17, 2003 Thomas.Rothman Wiilkie Farr & Gallagher 787 Seventh Ave. New York, New York 10019-6099 Re: Construction and Improvement of Lakeside Drive in Cedar Knolls Subdivision Your File No. 090427-00388P Dear Tom: Enclosed, as requested, is a certified copy of the resolution and order together with one original printer's affidavit of publication of the legal notice, (the additional printers affidavit of publication will be forthcoming when received.by this office), the Town Clerk's affidavit of posting of the same with a copy of the notice as posted and an affidavit of mailing reference the above. Sincerely yours, Gloria J. Morse Town Clerk GJM:fh enclosures RESOLUTION NO. 2003-277 020282-00346P At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 24th day of November, 2003, at 7.30 o'clock P.M., PRESENT; Prevailing Time. JOSEPH RUGGIERO Supervisor RQBERT vAT.DATT Councilman VINCENT BETTINA Councilman QERISTQZHZLSDL3Ey Councilman Jas �x �pQ nNT Councilman ----_---_--------------------------- In the Matter of ORDER CALLING the Construction and Improvement of Lakeside PUBLIC HEARING Drive in the Cedar Knolls Subdivision in the Town of Wappinger,Dutchess County,New York ---------------------------------------------------------------- -x Councilman BETTINA offered the following resolution and moved its adoption: WHEREAS, an inforinal petition of landowners abutting Lakeside Drive in the Cedar Knolls Subdivision -has been prepared with reference to Section 200 of the Town Laver has 2 - heretofore been submitted to the Town Board of the Town of Wappinger, Dutchess County,New York, relative to the construction and improvement of a certain private road in said Town known as Lake View Drive; and WHEREAS, the improvements proposed by said plan and report and requested by said petition consist of the widening and payment of the existing road into an 18 foot-wide road for the entire length of Lakeside Drive, having a total length of approximately 1,555 linear feet, and incidental improvements and expenses in connection therewith; and WHEREAS, the maximum amount proposed to be expended for such improvements, including the cost of the necessary acquisition by the Town of right-of-way or other real property interests incidental thereto, is estimated to be $535,000 to be financed by the issuance of obligations pursuant to the Local Finance Law over a period not exceeding fifteen years; and WHEREAS, the aforesaid project has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Enviromnerital Conservation promulgated pursuant to the State Environmental Quality Review Act,the implementation of which as proposed, the Town Board has determined will not result hi any significant environmental effects. WHEREAS, such cost shall be entirely borne, in the first instance, by assessments upon the properties benefited thereby; and WHEREAS, the area benefited by such improvement shall be the real property fronting or abutting the portions of such street to be improved, as heretofore described and as more fully set forth in Appendix A attached hereto and hereby made a part hereof; and WHEREAS, it is now desired to call a public hearing to consider the question of undertaking the aforesaid paving and improvements pursuant to Section 200 of the Town Law; NOW,THEREFORE, BE IT -3 - RESOLVED AND ORDERED, by the Town Board of the Town of Wappinger,Dutchess County,New York, as follows: Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, in Wappingers Falls, New York, in said Town, on the 22"d day of December, 2003, at 7:30 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing to consider the matters described in the preambles hereof and to hear all persons interested in the subject thereof concerning the same, Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published in Poughkeepsie Journal and Southern Dutchess News, the newspapers hereby designated as the official newspapers of said Town for this purpose and posted in the manner provided by law. Section 3. This Resolution and Order shall take effect immediately. SECONDED BY_ OUNCILMAN Paor ONT -4 - The question of the adoption of the foregoing Resolution and Order was duly put to a vote on roll call,which resulted as follows: SUPERVISOR RUGGIERO VOTING AYE COUNCILMAN VALDATI VOTING AYE Ce�1�TCTT ? T mTT�T VOTING AyE COUNCILMAN COLSEY VOTING AYE [-'OITNC-'TT.MAN PAnT nNT VOTING_ AYE VOTING VOTING The Order was thereupon declared duly adopted. APPENDIX A Area Benefited All of the parcels fronting Lakeside Drive as shown on Town of Wappinger Tax Map. 6158-02 except for the parcel identified as I Hill Green Condominium parcel, Tax Map I.D. Nos. 6158-02-659614 6158-02-676615 6158-02-602593 6158-02-595583 6159-02-637649 6158-02-673660 6158-02-652621 6158-02-642627 6158-02-630620 6158-02-629646 6158-02-623642 6158-02-619614 6158-02-615637 6158-02-608633 6158-02-612600 6158-02-600628 6158-02-593623 6158-02-58761.7 6158-02-578612 6158-02-569607 6158-02-562600 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger,Dutchess County,New York,has adopted the following Resolution and Order Calling a Public Hearing for December 22, 2003, with respect to the construction and improvement of Lakeside Drive in the Cedar Knolls Subdivision in the Town of Wappinger,Dutheess County,New York, as follows: Poughkeepsie Journal eepsie, N.Y. ad try said patitld"kt constst df ���kostl� J b �Ino� 01 are d;laki�gardst�nty an; Tdwn; f =wapplhpar" Tax.`: LICATION 16:fggt�wido fr�atl for=the" Map �t5$-O�axerepk ipt Ehe: ertkJ�e„9�n�ktr ;,tk�e(da Penal tdn)dd ;i Nall Dtivorluawln eadbeVlea b""CroencdMapminlum: atdo(- " ' Te t tat apptt»rlraakol ,1,55b; Pie 01,51trvg65061A oar;;daet a"f "Iadidahtal 61��•tD;67061a, Inroi, reds iiP'sxpaffs' 6160-o2.6028 " es Irt connection"kjtarawithin 6a p=a8�563 a'"d 6156-o 6s:6�e State of New York Itj RYAS the as Imum 6 66u02,6y3E6o amofant'�ropdeed 'to be County of Dutchess 0Pande fot swh ionpraue,,,` 1 6-02-062621 rnatttsr kndadirfi t cost of ." 6t 6m02�8 2 27 City of Poughkeepsie tho necessary ad ulaitiorr b, . 6166"00Q20„" 9 N 6156 0 6206s6,; , the Towa1 of rlgl7t-ofnNasy or, ". . 6io8,��-6;�364�" " ptherrepl ropertlr` forests ";6E50°tl 99014, 'Incidental t onto,ie idrnatn 6156 0Q 01663y'" ed""td"be $535„000'„to ba 616862-606663 " f financed by tha fssuanda;dt 6108 02�61260t1 `;. l>l L(1Tri11r3rdi obligatEons p0rsuaat 10 tha" 615f�-g2 a�2a -- _ ,of the City of Poughkeepsie, Lddal:Pinehda lhtl yer a 6163-o2090623 petlbd,bdt;Skdaadlfw flftean bib o2 b761a:'. Dutchess County,New York,being duly sworn,says that at year$;and 6100 0"57 612 WHEREAS . a afoteSawd ' the several times hereinafter mentioned she was and still is 016602.00y prole hes"bdrep dofpr- 6 66aG -6?64, ; minOd,to,Pe,an 10sted"AckkcWPUrauaht to the to a, 4 7; the Principal Clerk of the Poughkeepsie Newspapers Division 11;arid 446b New Y6rk Stagte of Gannett Satellite Information Network,Inc.,publisher of CMepetfaiant"df Er6wltchrndn= tal;Cgrrvaeryation prdnYlalgat- the POUGHKEEPSIE JOURNAL,a newspaper printed and ea;(tureuaant 1d"the,State, Eh4itdnnuPhta� ualltY Ra - published emery day in the year_ in the city of wrap'Act; tbo IrrrA onta- kitin a,,vrtridh"as; rapdSod, Poughkeepsie,Dutchess County,New York, and that the rho;To"wn Bd;111re itas iiut mined'will not"resttIf 8r1 eny, annexed NOTICE was duly published in the said newspaper slgnifidanl errnrnrpantst et; �yg yj�y facts , for_-- weeks successively,in each week, commencing 11E(tEAS such caast. sfrs2t,be'entJroly,bor`rja; in on the 10th. __, day of rho 1irslinsk ando, essoes- Dec. npbts,up0 the prdpardtes li'nellted"t 'Oreby; an kNHEfIE� ,fhaOrosbone- 2003 .� and ...._. —on the following dates Iced"byucBi`.lmprdGomo _-..-_ Of, shall.be the rear property thereafter,namely on: NOTICEVOF fto dr; abutttog "1ha PUBLIC kEA,RING A 01 ns,of sudh strdatto do — — N'OTICC"IS'HEREMGiV- AraprayaCi,ae ,pretb#oro`do EN that the.Town goad of Spot), end as fnare#ally act the 60h of, WoI er, ;tedf4 bn Appenr�ix A atlohdad toutsbess County, ,ow hdrptd",end"tiaIreby mada,a" Mork hose4dopted thrlbf- part",hor of end and Order WHEREAS If us=fioww'de- _. Call1bg a Public Roaring for elrod to toll a public Waring] December 22; 2003,"ywlth to cr nslder the quesklda"of. respond""to the,666strktlorl, IndarhalOfig "tha;aforessdk and lnprovennent df faka," pacing and"Ini"Orovemeate, slda ptlw`e In "the der pnrauant;to Soolldn 240„Irf% Knells Subdl4isldn is rho tiro Tow6 taws".MCE1y And ending on the_____ day of Torn pt4yapppinger [hYkdh . T#lEE`tLR'Cr1E,EE;IT epa Coynty,"0"Ydb",$4.' RESOLVEp ANO "oF4 � 2Q03 _ ,both days inclusive. iullawa 'DE,PEP"by kha Tovyn Boar"r, RESOLUTION, MC pt,$6 Town df hNappingor, 2GC6371 Uutchess County, New,,: 0262 00p10P t�drk ae lapows I' y At regular rrwaothg atthu" seotlad 1 A rmoofl J Town Beard Of tho Td+,rY of the Tb Prard of the7d d J weppinger,uUtchess taun elf."VWap/near, C3utctPass Newv"ydrk,"held,,6 tbo" Cdunty,Merle York,Shalt"be Subscribed and sworn to before me this��°� owin Hall, 20 MiddleWsh held atAhe Town,Hali,;,In Roap,.in Wappiggerr,"fails, 4V'a pinders- .Pails, New day of � �� ,2003 ,New York-in sand^foss+ in Vor In salt!Tdwn,dti tho, the 24tDt�y of NoVaNaer,, 22n ,,day of C6ceirnber, , .200�,a#"y 30 o°dldyk pYsi, �"000 arT;00 d dIdCk P,M�,, x �- r Pretailln T4rnae;" PravaY)ln6 'Aar the _ ..... — Pi, SE M ,, purpose",of, `conductd""a, ' I$otny"i'rsblic JCSEPH RIpC�jERC1 Super:"`puhlia heering tb cansldot l visor, the matiera.da'Ocrioed in the iTCBERT ALpAfiI Cdudll- fe4rn4les Wrdot,grid to r r rnan oat`all"poredns inkerestod"r � "' ,�� ti° VINCENT 85TTINA Comoll- ,In the swbjodt iharedf-don f My commission e x ires�. - m cernln tha"Sam, . I" CHRISTCP OER .'COOEY, SOO?,P 2,The Tcwh Clerk, f,nodiman Is hereby adlhorixed,and - 40$EPH PA0L0NI Cd'eicll-"diredt6flo cause a oopy of Ina" this grder to ba ubllsh"eel In -- x IPdu�hkeepsle' durnal and ss �- SEP 10 2003 08:10 FR TO 92974558 P.01/04 RECEIVE® September 10,2003 SEP 1 12003 SUPERVISOR'S OFFICE TOWN OF WAPPINGER Dear Mr. Ruggiero, On behalf of the Cedar Knolls property owners, I'd like to advise the community has come to a decision in regards to how we'd like to manage our road in the future. In a meeting on August 3,2003 it was agreed to: a Repave the existing road, repair drainage, &widen to 18 feet(paved)throughout the length of the road. The location of the 18 paved feet,and the cleared"shoulder"will be within the existing right-of way,as defined as agreed upon by the owners. a Road ownership will be retained by the trustees, and not turned over to the town a Forming a road district to facilitate maintenance and expense collection via taxes. Please see the attached document that includes signatures of the supporting residents. Twelve of the fourteen owners agree to the above and have signed confirming their support. I have also included a copy of the quote we received to help understand the implications of our decision above. I understand there will be quite a few more activities necessary to make what we've agreed upon happen. The Cedar Knolls residences are willing to assist and cooperate as needed to assure smooth progress. Please keep me advised of activities we should be undertakin& i can be reached at work: 433-9687,home: 298-6774,or email: amsweet@us.ibm.com As mentioned in our conversation, please,if possible,have this topic added to the September 22nd board meeting agenda. Please advise where and when this meeting will happen. Several community members would be interested in attending this meeting as a sign of support for this endeavor. Thank you again for your willingness to help us improve our neighborhood.. Regards, Anne-Marie Sweetland i 5EP 10 2003 08:11 FR TO 9297455E P.03/01; t ��s PA `�7 OVER Excavating•Grading-,Oiling 1so 3 Residential&Commercial YE RS OF 60 FULTON STREET PHONE(845)454-3650 POUC'MMEPSM,NEW YORK 12601 PAMNG EUCEU CE FAX(845)454-5736 July 8,2003 Mike Classed+ Regarding: Lake Side Thrive in Wappingers Estimate to perform the following: 1) Reclaim existing road approx 1,365 It 2) Grade&compact 3) Place 3"binder coarse blacktop @ 18'6"wide 4) Place 1 %a"top coarse blacktop @ IS' wide Total Price For Above Based on Paying Prevailing Wages PRICE$61,500.00 NOTE: If any Item#4 is needed as sub-base price per ton will be$ 17.50 in place. At this time I don't see the,need for any in as much as we will be using the reclaimed material for sub-base in areas which will be widened. Avello Brothers Contractors Inc. William J. Avello President Street Name SWIS Year Parcel Id Prop Owner Name Class Total AVLakeside Rd 135689 2004 6158-02-659614-OD(Cedar Knolls ImpAs311 i Lakeside Ur 135689 2004 6158-02-676615-Op(Gua'ardo,Carlos 100 1 210 117„000 l ^ 3Lakeside Dr . 135689 2004 6158-02-602593-00(De Luca,Michael J 220 5 M1 Lakeairle Dr 140,p00 135689 2004 6158-02-595583-00(5weetland,Anne-Ma210 Lakeside Rd 98,000 ✓ +G. 135689 2004 6158-02-637649-00(Nelson, Eric 311 1,500 65,00p '�� Lakeside Rd 935689 2004 6158-02-673660-00(Menconeri,Rayrnon,2lp Lakeside Rd 135689 2004 6158-02-652621-0O(Washburn,Robert L21p """" '' 14 Lakrsid Rd 13 - 90,000 w 135689 2004 6158-02-642627-00(Sherbak,Pauline 210 T� �akesgde Rd 61,500 u ,� � k,r r„a� �.� �' r�,� f.,,.. 5689 2004 6158-02-630620-OO(Messinger,Lisa 210 22,000 4 Lakeside Rd -- 135689 2004 6158-02-629646-00(Nelson,Lisa LT 312 15,000 16 Lakeside Rd �. 135689 2004 6158-02-623642-00(Nelson,Lisa LT 210 7 � 17 Lakeside Rd 135689 2004 6158-02-619614-00(Messinger,Lisa 210 1 La kes a de Rd 5 000 135689 2004 6158-02-615637-00(Mucci,Alan J 210 't7 75,000 Lakeside Rd 135689 2004 6158-02-608633-00(Men cone ri,Raymon,210 21 Lakesid.E, Rd ._. ,.w �� 935689 2004 6158-02-612600-00(4gnibene,Maerushf' 10 58,500 m 46,SOp I l°� :, �'. �<� "fin u.��_ •. akeaycle Rd 75,200 935689 2004 6158-02-600628-Op(Nlenconerl,Rayman,210 24 Lakeside Rd 135689 2004 6158-02-593623-00(Menconeri,Raymona220 i ?. kes je Rd _ 6p,QOp 135689 2004 6158-02-587617-00(7immerman,John J 280 Lakeside i� "" 4 G 95,500w 135689 - d 2004 6158-02-578612-00(Classey,Michael J 210 _ 141,3p0 30 Lakeside Rd a.-,.. 135689 2004 6158-02-569607-00(Shepherd, Edward F210 32 Lakeside Rd 110,000 L�. 135689 2004 6158-02-562600-00(Sagala,Frank J Jr 210 100,000 G ' x 1324214.1 090427-3 88P At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,New York,held at the Town Hall,in Wappingers Falls, New York,in said Town,on January 26,2004,at o'clock M.,Prevailing Time. The meeting was called to order by , and upon roll being called, the following were PRESENT: ABSENT: The following resolution was offered by Councilman , who moved its adoption, seconded by Councilman ,to-wit: RESOLUTION DATED JANUARY 26,2004, A RESOLUTION MAKING CERTAIN DETERMINATIONS WITH RESPECT TO THE CONSTRUCTION AND IMPROVEMENT OF LAKESIDE DRIVE IN THE CEDAR KNOLLS SUBDIVISION IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK. WHEREAS, an informal petition of landowners abutting Lakeside Drive in the Cedar Knolls Subdivision has been prepared with reference to Section 200 of the Town Law and has been submitted to the Town Board of the Town of Wappinger, Dutchess County, New York, relative to the construction and improvement of a certain private road in said Town known as Lakeside Drive; and WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York,has heretofore called and duly held a public hearing, at 7:30 o'clock P.M., Prevailing Time on December 22, 2003, at the Town Hall, in Wappingers Falls, Nevv York, to consider such construction and improvement, consisting of the widening and pavement of the existing Lakeside Drive into an 18 foot-wide road for the entire leng th of Lakeside Drive, having a total length of approximately 1,555 linear feet, and incidental improvements and expenses in connection therewith; and WHEREAS,notice of such public hearing was duly published and posted according to law, and proof of said publication and posting detailing the manner and the timing of the same have been duly presented to said Town Board; and WHEREAS, the maximum amount proposed to be expended for such widening and pavement, including the cost of the necessary acquisition by the Town of any right-of-way or other real property interests incidental thereto, is estimated to be $535,000 to be financed by the issuance of obligations pursuant to the Local Finance Law over a period not exceeding fifteen years; and -2_ WHEREAS, said capital project has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated Pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects;and WHEREAS; said Town Board has duly considered the evidence given at said public hearing;NOW,THEREFORE,BE IT RESOLVED,by the Town Board of the Town of Wappinger,Dutchess County,New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to construct and improve Lakeside Drive,by the aforesaid widening and pavement of Lakeside Drive at a cost estimated to be $535,000. The Town engineer is hereby directed to:prepare definite plans and specifications and to make a careful estimate of the expense thereof and,;with the assistance of the Town Attorney,to prepare a proposal contract for the execution of the work. Section 2. This resolution is adopted subject to permissive referendum. Pursuant to the provisions of Section 94 of the Town Law, the Town Board hereby elects, upon its own motion, to cause a proposition with respect to this resolution to be submitted for the approval of the owners of taxable real property fronting or abutting Lakeview Drive in the Cedar Knolls Subdivision of the Town of Wappinger, Dutchess County, New York, at a special Town election to be held 2004. The adoption of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. RESOLUTION DATED JANUARY 26,2004. A RESOLUTION PROVIDING FOR THE HOLDING OF A SPECIAL TOWN ELECTION OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, FOR THE PURPOSE OF SUBMITTING A PROPOSITION ON THE QUESTION OF APPROVING OR DISAPPROVING A RESOLUTION MAKING CERTAIN DETERMINATIONS WITH RESPECT TO THE CONSTRUCTION AND IMPROVEMENT OF LAKESIDE DRIVE IN THE CEDAR KNOLLS SUBDIVISION IN THE TOWN OF WAPPINGER,DUTCHESS COUNTY,NEW YORK. WHEREAS,the Town Board of the Town of Wappinger,Dutchess County,New York,has, at a meeting duly called, held and conducted on January 26, 2004, adopted a resolution making certain determinations with respect to the construction and improvement of Lakeside Drive in the Cedar Knolls Subdivision in the Town of Wappinger, Dutchess County, New York, which resolution was adopted, in accordance with the provisions of Section 91 and 94 of the Town Law, subject to an election; and WHEREAS, the Town Board now des ires to provide for the holding of a special Town election for the purpose of submitting a proposition with respect to such resolution to be submitted to the owners of real property fronting or abutting Lakeview Drive in the Cedar Knolls Subdivision of the Town for their approval or disapproval of such resolution and for certain details concerning said special Town election and to approve the form of ballot thereof and to cause notice thereof to be given, in accordance with the provisions of Articles 7 and 6 of the Town Law and various provisions of the Election Law ;NOW,THEREFORE,BE IT RESOLVED,by the Town Board of the Town of Wappinger, Dutchess County,New York, as follows: Section 1. A special election of the owners of real property fronting or abutting Lakeview Drive in the Cedar Knolls Subdivision of the Town of Wappinger, Dutchess County, - 2- New York, shall be held on the day of 2004, at the Town Hail, 20 Middlebush Road, in Wappingers Falls, New York, for the purpose of voting upon the proposition with respect to the resolution referred to in the preambles hereof Voting shall be by paper ballot and the polls at such special election shall be kept open between the hours of 2:00 o'clock P.M. to 9:00 o'clock P.M., Prevailing Time. Sect---log?I The Town Clerk is hereby authorized and directed to give notice of such special election by publication in a newspaper published in said Town, the first publication of such notice to be made at least ten days prior to p the 2004 election. In addition, the Town Clerk shall post or cause to be posted a COPY of such notice on the sign board maintained pursuant to subdivision 6 of Section 30 of the Town Law, such posting to be at least ten days prior to said election. Said notice shall be in substantially the following form,to-wit: - 3- NOTICE OF SPECIAL ELECTION, CONSTRUCTION AND IMPROVEMENT OF LAKESIDE DRIVE Town of Wappinger, Dutchess County,.New York NOTICE IS HEREBY GIVEN that a special election of the Town of Wappinger, Dutchess County,New York,will be held at the Town Hall, 20 Middlebush Road,in Wappingers Falls on the day of , 2004, at which the polls will be kept open between the hours of 2:00 o'clock P.M., and 9:00 o'clock P.M., Prevailing Time, for the purpose of voting by paper ballot on the adoption or rejection of a proposition with respect to making certain determinations with respect. to the construction and improvement of Lakeside Drive in the Cedar Knolls Subdivision in the Town of Wappinger,Dutchess County,New York. The polls will be kept open for the purpose of voting during the aforesaid hours and the proposition to be voted upon will be in substantially the following form,to-wit: PROPOSITION NO. 1 Shall the resolution dated January 26, 2004 finding and determining'that it is in the public interest to widen and pave the existing Lakeside Drive into an 18 feet wide road for the entire length of Lakeside Drive at a cost estimated to be$535,000 .to be financed by the issuance of obligations over a period not exceeding fifteen years,.beapproved? The capital project described above has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act,the implementation of which,as proposed, the Town Board has determined will not result in any significant environmental effects. NOTICE IS HEREBY FURTHER GIVEN, that persons qualified to vote at such special election shall be any owner of property fronting or abutting Lakeview Drive in the Cedar Knolls -4- Subdivision of the Town of Wappinger, as shown upon the latest completed assessment role of the Town. A tenant by the entirety, tenant in common and joint tenant owning such real property are each entitled to 'vote. Partnerships and corporations owning such real property are entitled to a single vote. Any such person or entity owning more than one such parcel of real property shall be entitled to only a.single vote. Dated: Wappingers Falls,New York, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY,NEW YORK By: Town Clerk -5- Section 6. This resolution shall take effect immediately. The adoption of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. RESOLUTION DATED JANUARY 26,2004. RESOLUTION DESIGNATING ELECTION OFFICIALS FOR A SPECIAL TOWN ELECTION OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YOM TO BE HELD ON ,2004. WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has provided for the holding of a special Town election on ,2004 and WHEREAS, for a special Town election Section 83 of the Town Law requires election inspectors and ballot clerks be selected by the Town Board from the list of election inspectors and ballot clerks previously designated for general election purposes and that no less than two nor more than four registrars shall be selected for each voting place; and WHEREAS, it is now desired to provide for the appointment of Election Officials for such special Town election;NOW,THEREFORE BE IT RESOLVED,by the Town Board of the Town of Wappinger,Dutchess County,New York,as follows: Section 1. The following persons are hereby selected to serve as Election Inspectors and Ballot Clerks for such special election: ELECTION INSPECTOR BALLOT CLERK Section 2. The Election Inspectors named above shall be paid the sum of$ each for their services. Section 3. The Ballot Clerks named above shall be paid the sum of$ each for their services. - 2- Section 4. In the event any Election Inspector or Ballot Clerk named above is unable to, or refuses to, assume or perform the duties required of them,the Supervisor is hereby authorized to appoint alternates to serve at such special election, each such alternate to be selected from the list of Election Inspectors previously designated for general election purposes. Section 5. This resolution shall take effect immediately. The adoption of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. n STATE OF NEW YORK } ss.. COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town, including the resolution contained therein,held on January 26,2004,with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting. I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public. I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows: Newspaper and/or other news media Date given 1324214.1 I FURTHER CERTIFY that PRIOR to the time of said meeting,I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s)on the following dates: Designated Location(s) of posted notice Date of Posting IN WITNESS WHEREOF,'I have hereunto set my hand and affixed the seal of said Town on ,2004. Town Clerk (CORPORATE SEAL) 2 VERGILIS, STENGER, R®BERTS, PERGAMENT &VIGL®TTI,LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A.VERGILIS* WAPPINGERS PALLS,NEW YORK 12590 OF COUNSEL: KENNETH M.STENGER IRA A.PERGAMENT ALBERTT P.ROBERTS (845)298-2000 LOUIS J.VIGLOTTI LEGAL ASSISTANT; JOAN F.GARRETr** FAX(845)299-2842 AMY E.DECARLO THOMAS R.DAVIS e-mail:VSRP®BestWeb,aet POUGIIICEBPSIE OFFICE EMANUEL F.SARIS 276 MAIN MALL KAREN P.MACNISH POUCIHREEFSIE,NY 12601 (845)452-1046 KEVIN T.MCDERMOTT STEVEN$.PATMRSON PINE PLAINS OFFICE JAY B.RENPRO 2990 CHURCH ST. P.O.BOX 21 'ADMITTED TD PRACTICE PINE PLAINS,NY 12567 IN NY&c FLA. (518)398-9657 **ADMITTED TO PRACTICE IN NY&c CONN. _ ADDRESS REPLY TO:( )POUGHKEEPSIE ( )WAPPINCERS - f }PINE PLAINS VIA FACSIMILE (212-728-8111)AND REGULAR MAIL December 31,2003 Willkie, Farr&Gallagher 787 Seventh Avenue New York,New York 10019-6099 Attention: Thomas M. Rothman,Esq. _ RI Re: Cedar Knolls Subdivision(Lakeview Drive) VSRPV File No.: 12951.0687 l �o WFG File No. 90427-388 TOWN CLERK Dear Tom: Thank you for your email of December 23 regarding the above. However, at the Public Hearing held on December 22, 2003 before the Town Board, a number of the residents appeared and it was clear that there was less than unanimity with respect to the Town taking over the road and having the costs for the upgrade of the road paid by the abutting property owners. In previous conversations with Randy Mayer of your office,Randy had suggested that rather than making the Resolution subject to a permissive referendum,that the Town Board order a mandatory referendum. The Town Board now wants a mandatory referendum, but as you and Randy pointed out, the statutes applicable to mandatory referenda do not fit precisely with§200. Attached is a list of the various property owners. You will note that several of the property owners own:multiple:parcels In addition,Mr. and Mrs. Menconari, while they own four parcels,do not reside within the subdivision. As 1 understand my prior 0:1Wappingeffown BoardlCedar Knoils1123103-TR,doc DICTATED BUT NOT PROOF READ BY ALBERT P.ROBERTS conversations with you and/or Randy, it is my understanding that all property owners are entitled to vote and that if there are multiple property owners (e.g. husband and wife, etc.) that each owner is entitled to vote. It is unclear whether multiple lot owners would have a vote for each parcel. This could be significant because the multiple property owners appear to be opposed to the project. In any event, please contact me some time during the week of January 5th so we can discuss in detail and advise the Town Board accordingly. Thank you for your attention and cooperation. Best wishes for a Happy New Year. Very truly,yours, VERG STENGER,ROBERTS,PERGAMENT&VIGLOTTI,LLP 9 AR ROBERTS R/bg cc; Hon. Joseph Ruggiero, Supervisor Hon. Gloria Morse, Town Clerk Town Board File Hon. Graham Faster, Superintendent of Highways Joseph E. Paggi, Jr.,P.E. WWappinger\Towa Board\Cedar 1Cnolls1123103-TR.doe DICTATED BUT NOT PROOF READ BY ALBERT P.ROBERTS Street Name Prop _.--- SWIS Year Parcel Id ___ Cwner Name Class ________Total AV !,akeside Rd 135689 2004 6158-02-6596U-OOtCedar Knolls fmp As311 - 100 1 Lakeside Dr 135689 2004 6158-02-676615-0OtGuajardo, Carlos 210 —��-� -- 117,000 ✓ 23 Lakeside Dr 135689 2004 615 _ 8-02-602593-0Ome Luca,Michael J 220 ~� _ _ 140,D00�/' 25 Lakeside [)r` 135689 2004 6158-02-595583-00(Sweetfan__d,Anne Ma210 98'000 1._� Lakeside Rd 135689 2004 615842-637649-OOWeison,Eric 311��� 2 Lakeside Rd 135689 2004 6158-02-673660-00041enconeri,Raymonr210 65,000 c/{ 7 Lakeside Rd 135689 2004 6158-02-652621-000ashbum,Robert L210 90,000 L� 11 Lakeside Rd 136689 2004 6158-02-642627-OOtSherbak,Pauline 210 51,500 rf 13 Lakeside Rd 135689 2004 6158-02-030620-OOIlMessinger,Lisa 210 22,000 14 Lakeside Rd 135689 2004 6158-02-629646-00Ilelson,Lisa L7 312 15,000 16 Lakeside Rd 135689 2004 6158-02-623642-0OtNefson,Lisa.LT 210 62,000✓ 17 Lakeside Rd 135689 2004 6158-02-619614-OOMessinger,Lisa 21O 75,000 t/ 18 Lakeside Rd 136689 2004 6158-02-615637-00@Wucci,'Alan J 210 75,000 (,,-' 20 Lakeside Rd 135689 2004 6158-02-608633-00QNenconeri,Raymono210 58,500 21 Lakeside Rd 135689 2004 6158-02-612600-00tOgnibene,Maerush1210 i� 75,200 22 Lakeside Rd 135689 2004 6158-O000628-004110lenconeri,Raymom210 46,500 24 Lakeside Rd 135689 2004 6158-02-593623-00INenconeri,Raymorn220 60= 26 Lakeside Rd 136689 2004 6158-02-587617-OOfdimmerman,John J 280 95,500 28 Lakeside Rd 136689 2004 6158-02-578612-00 Classey, Michael J 210 141,300+� 30 Lakeside Rd 135689 2004 6158-02-569607.00tShepherd,Edward F210 110,000 32 Lakeside Rd 135689 2004 6158-02-562600=00i13agala,Frank J Jr 210 100,000 - Prop Owner Name SWIS Year Parcel Id Street Name Class _Total AV Menconeri,Antonina 135601 2004 6157-06-33295740C Ingail St 311� w 100 MencSoDW,Antonina 135601 2004 6157-06-338965-00019 Maple St 411 ` 130,000 ffieneoneri,Antonina 135689 2004 6157-01-330935-000 Ingalls St 3f 1 12,000 Menconeri,Antonina 135689 2004 6167-01-336953-000 Ingalls St 311 500 Menconeri,Antonina 135689 2004 6157-01-340967400 Ingalls Street-Rear 311 100 Menconeri,Carol Ann 135689 2004 6258-04755450-00013 Brothers Rd 210 104,000 Menconeri,Eileen 136689 2004 625943.488062-00032 All Angels Hill Rd 210 88,500 Menconeri,Eileen M 135689 2004 6158-02-600628-00022 lakeside Rd 210 46,500 v Menconeri,Eileen M 135689 2004 6158-02-608633-00020 Lakeside Rd 210 58,500 Menconeri,Eileen M 135689 20" 6158-02-673660-000Z Lakeside Rd 210 65,000 Menconeri,Raymond 135689 2004 6057-04-785105-0002079 Route 9D 433 117,000 Menconeri,Raymond 135689 2004 6158-02-593623=00024 Lakeside Rd 220 60,000 (� Menconeri,Raymond 136689 2004 6158-02-600628-00022 lakeside Rd 210 46,500 Menconeri,Raymond 135689 2004,6158-02-608633-00020 Lakeside Rd 210• 58,500 Menconeri,Raymond 135689 2004 6259-03-08062-00033Z All Angels Hill Rd 210 86,500 / Menconeri, Raymond A 135689 2004 6158-02-673660-0002. Lakeside Rd 210 65,000,(/ Menconeri,Vaierio 136689 2004 6.258-02-9 5643-GOO Hi View Rd 311 27,500 Menconeri,Valerio A 135601 2004 6168-14-317335-000 High St 312 6,700 Menconeri,Vaierio A 135689 2004 6258-04455450-00013 Brothers Rd 210 104,000 f i VIA EMAIL: vsrp6Cy)bestweb.nct November 21, 2003 Albert P.Roberts,Esq. Vergilis,Stenger,Roberts,Pergament&VigloUl,LLP Attorneys and Counselors at Law 1136 Route 9 Wappinger Falls,New York 12590 Re: Town of Wappinger, Dutchess County,Now York Section 200—Construction and Improvement of Lakeside Drive in Cedar Knolls Subdivision Our File No. 090427-003 8 8P Dear Al: In accordance with your request, I have prepared and enclose herewith a form of resolution and order calling a public hearing in connection with the construction and improvement of Lakeside Drive in the Cedar Knolls Subdivision in the Town of Wappinger. Please be sure to attach "Appendix A" (the benefited area description) prior to adoption, posting and publication. Please seen that this resolution and order is adopted by at least a majority vote of the entire voting strength of the Town Board and that the notice of the public hearing, a form of which 1 enclose herewith for your convenience, is published once in the official newspaper of the Town and posted on the Town Clerk's signboard, as well as conspicuously posted in five (5) public places along the above-described street to be improved, not less than ten days nor more than twenty days prior to the public hearing. As soon as available, please return to me a certified copy of the enclosed resolution and order together with an original printer's affidavit of publication of the legal notice and the Town Clerk's affidavit of posting of the same with a copy of the notice as posted attached thereto. -2 - Tn the case of improvement to a private road, the Town must acquire title to the private road by dedication (or condemnation)before improvement is commenced. Ops.St.Comp. 67-602 and 94- 3 and cites therein. Thereafter, the road must be maintained as a public highway. Town Law § 200(14). Please feel free to call with any questions. With best wishes, Very truly yours, Randolph J. Mayer RJM:pds Enclosure TOWN OF WAPPINGER TOWN CLERK SUPERVISOR GLORIA J. MORSE " JOSEPH RUGGIERO TOWN COUNCIL _ VINCENT BETTINA CHRISTOPHER J.COLSEY JOSEPH P.PAOLONI TOWN CLERK'S OFFICE ROBERT L.VALQATI 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (645)297-5771 December 23, 2003 Thomas Rothman Willkie Farr & Gallagher 787 Seventh Ave. New.York, New York 10019-6099 Re: Construction and Improvement of Lakeside Drive in Cedar Knolls Subdivision Your File No. 090427-00388P Dear Torn: Enclosed for your records is the additional printers affidavit of publication of the legal notice for the above referenced project. Sincerely, f Florence Hannon DeputyTown Clerk fh enclosure Gina- Basile From: Joe Ruggiero Sent: Monday, February 02, 2004 9:31 AM To: Gina Basile Subject: FW:January 26 Town Meeting re: Lakeside Drive (Cedar Knofls) CEDARKNOLLS,doc (25 KB) Please give copy of statement to the Town clerk so these comments are added into the record. -------Original Message----- From: Messinger, Lisa (mail to:Lisa.Messinger@metmuseum.org) Sent: Sunday, January 25, 2004 10:13 AM To: supervisor@townofwappinger.us; waPpsupv@townofwappinger.us Subject: January 26 Town Meeting re: Lakeside Drive (Cedar Knolls) Dear Mr. Ruggiero: I am unable to attend the Town Meeting on Monday, January 26 when the discussion of the Lakeside Drive road will be continued, but would like to have the following statement entered into the Official record. 1, Lisa Messinger (owner of 13 & 17 Lakeside Drive) , would like to reiterate my objection to any proposal that would turn over ownership of Lakeside Drive to the Town of Wappingers Falls. Should this be the eventual outcome of this hearing, I will not willingly turn over any property covered in my deed of land ownership (which T believe extends into the center of the road) . I also object to the Town spending any money on engineering studies that will result in the road being widened from its present width, and also object to the Town issuing any bond that will increase my current taxes. Please refer to my previous statement (attached below) for a fuller explanation of my objections. a ion <<CEDARKNOLLS.doc>> Thank you. sincerely, Lisa Messinger 13 & 17 Lakeside Drive Wappingers Falls, NY 12590 CLERK My name is Lisa Messinger and my family has owned a home in Cedar Knolls (Lakeside Drive)for almost 50 years. There is a special character and quality to this community, which developed as an enclave of summer homes along a dead end road. Over the course of time, all of the houses along the road were converted for year round use and the road went from dirt to paved. With few exceptions all of the homes maintain their own wells, although a community well and pump continue to be used by some of the properties. As a private community, the care and repair of Lakeside Road has been managed through a Residence Association and the voluntary collection of annual road dues. While I fully accept that there are more full-time residents on the road and that their access needs have changed, I do not believe that the concerns of the community— public safety, snow removal, and road maintenance—can or should be resolved by asking the Town of Wappinger to assume ownership and responsibility for the road. Nor do I think it is in the best interest of the Town or the community to expend the hundreds ofthousands of dollars suggested by the preliminary cost estimate to widen and pave the road, because the final result will never meet the hopes or expectations expressed by residents at previous community meetings. As proposed, the Town would evaluate the feasibility of widening the road to 18 feet in an effort to create a path wide enough for emergency vehicles to travel. While all of the houses on the lower portion of the road are easily accessible now, there is a problem at the top of the hill and the dead-end portion of the road. I understand and agree with the community's concern about safety, but widening the entire road is unnecessary. It is my relief that the Cedar Knolls community should share the cost of widening only the section of the road at the top of the hill for better access to the houses closest to the cul-de-sac. However, even with a wider roadway, the issue of emergency vehicles getting out again will not be resolved, because the road dead- ends into a private drive. By widening the road in an attempt to solve one safety concern, I strongly believe that you are creating another safety concern--speeding cars. Today, the road is one lane with a 10-15 mile speed limit. To my knowledge there has never been an accident on the road. However, if the road is widened and paved to accommodate two lanes and the speed limit increased to 25 or 30 miles, as has been suggested, you will be creating a very dangerous condition for vehicular and pedestrian traffic. People drive too fast on the road in its current condition. Providing better conditions to speed has the potential for accidents,property damage, and harm to anyone walking on the road, especially since there are no paved sidewalks. The second issue raised as a justification for turning the road over to the Town is snow removal. Lakeside Drive is a dead-end road serving a handful of homes. My sister is trained as a City Planner and currently works for a major urban public transportation authority. As she has pointed out, the Town of Wappinger must always be concerned about allocation of resources, especially for activities that have a degree of uncertainty to them, like the amount of snow that will fall during the course of the winter. Lakeside Drive is not a primary or secondary road; we are at best a tertiary road, one that would fall at the bottom of long list of roads that would need to be plowed in the event of a snowstorm. So it is not likely that our road would be plowed immediately after a snow fall, even if the Town owned it. Therefore, if one of the purposes of turning over the road in hopes of getting quicker snow removal than from the private contract service we now employee—this is not likely or reasonable to expect. There are other unexplored variables that I believe will ultimately significantly increase the cost of this project and create undue hardships for individual residents because their wells, driveways, and front entrances are in the path of the new road. Additionally, some of the property closest to New Hackensack Road has been identified as wetlands, which raises concerns about the ability to claim this land for road widening. The issues we confront at Cedar Knolls about road conditions and safety are community ones that should be solved by the community working together and not by asking the Town try and fix our problems because of a lack of cooperation on the part of some property owners. I believe the community has legal options they may be able to pursue against those property owners that do not pay their fair share of the road dues, which we have not explored or exhausted. I commend the great community energy that has gone into seeking the Town's support for this effort, but I believe this energy should be directed towards getting the property owners who don't pay to contribute their rightful share to upgrade, maintain, and improve the road, including widening the road at the top of the hill. It would seem to be unreasonable to assume that individuals who fail to pay the nominal road dues ($150.00 annually) or even those who are contributing members of the community will be happy about paying the significant increase in property taxes that will result from this work. For those on fixed incomes or for those who maintain these residences as second homes (as we do), this will be an additional financial burden. I do not believe it is in the best interest of the Town to invest the resources to pursue this matter. On behalf of my family, I thank the Town for their interest in our community's well-being, but I wish to make known my opposition to any further action or study by the Town on this matter. Thank you for the opportunity to provide this information. Sincerely, Lisa Messinger 13 & 17 Lakeside Drive Cedar Knolls Wappingers Falls, NY 12590 i VERGILIS, STENGER, ROBERTS, P'ERGAMENT &VIGLOTTI L ATTORNEYS AND COUNSELORS AT LAW ' I'P GERALD A.VERGILIS* 1136 ROUTE 9 KENNETH M.STENGER WAPPINGERS FALLS,NEW YORK 12590 ALB ERT P.ROBERTS OF COUNSEL: LOUIS 7 VIOLOTTI (845)298-2000 IRA A.COUNSEL: NT THO F. R.DAMS FAX(845)298-2842 LEGAL ASSISTANT: MANUEMAS R.DAMS AMY E,DECARLO e-tnsil:VSRP@BestWeb.net EMANUEL F.SARIS POUGHKEEPSE2 OFFICE KAREN P MACNISH 276 MAIN MALL KEVIN T.MCDERMOTT POUGHICEEPSIE NY 12601 JAY A B. FATI'ERSON (845)452-1046 B.RENpRO PINE PLAINS OFFICE N NY&PY&FLA.T PRACTICI3 2990 CHURCH ST.INN P.O.BOX 21 s'gDNfl7TaD M PRACTICE PINE PLAINS,NY 12567 IN NY&CONN. (518)399-9857 January 22, 2004 ADDRESS REPLY TO:( )POUGHKEEPSIE HAND DELIVERED ) N ()PINGEP PLLAINSAIM5 Town Board - Town of Wappinger 20 Middlebush Road Post Office Box 324 Wappinger Falls, New York 12590 Attn: Han. Joseph Ruggeiro, Supervisor RE: Town of Wappinger, Dutchess County, New York Cedar Knolls Subdivision (Lakeview Drive) Special Election File No: 12951.0687 Dear Joe: l am pleased to enclose herewith Tom Rothman letter dated Ja with the following documents prepared by Mr. Rothman: nuary 21 2004 together 1) Resolution determining the improvement to be in the public interest; 2) Resolution calling a special election with Notice of Special Election attached. Please note the polls must be open at least six consecutive hours between 8-00 a.m. and 8:60 p.m.; Section 2 provides that the polls will be open between 2:00 p.m. and 9:00 p.m. and may be changed at the Boards discretion, 3) Resolution appointing election officials and registrars for the Special Ele ction; ectlon; 4) Form of ballot. Mr. Rothman has also provided additional copies of the Notice of Election and posting. on for publication Please note that publication must be made at least ten days prior to the election and, the election date must not be more than seventy-five (75) days nor less than sixty (60)days after January 26th (assuming the Resolutions are adopted on that date). Please refer to Mr. Rothman's letter and forms for specific information. I wish to point out that the election will be by paper ballot as prepared by Mr. Rothman. Please note the following with respect to voting rights: 1) A tenant by the entirety, a tenant in common, and a joint tenant owning real property abutting Lakeview Drive are each entitled to vote. i.e.: a husband and wife owning one parcel are each entitled to a vote. 2) If any parcels are owned by a partnership or a corporation, the partnership or the corporation are entitled to a single vote, 3) If any person or entity owns more than one parcel, they are limited to one vote. With respect to procedure and voting rights, Mr. Rothman has sent, via facsimile, another letter January 21, 2004 providing his legal opinion, accompanied by appropriate citations, regarding voting rights and other procedures in connection with this special election. I have reviewed the information supplied by Mr. Rothman and I fully concur With his - conclusions. Mr. Rothman's opinion confirms my preliminary research on the topic, but in more detail. While not explicitly mandated, the Board may want to consider posting the Notice of Election conspicuously in five public places along Lakeview Drive. Such a provision is referenced in Town Law§200(7) concerning public hearings in connection with a petition for street improvement. I also recommend that Notice of the Election be mailed to the property owners affected. I am sending a duplicate copy of this letter and the documents to Town Clerk, Gloria Morse, and it is my suggestion that all Board members review these documents in anticipation of Monday nights' meeting. Of course, if there are any questions, please call me. Very truly yours, VERGILIS, STENGER, ROBERTS PERGAM�N & VIGLOTTI AL9ERT P. ROBERTS APR/spd encls. cc: Gloria Morse, Town Clerk (w/enclosures) Thomas Rothman, Esq. (no enclosures )via facsimile212-728-811 1 0:1Wappingeffown Board\Cedar KnoIIs1012204-jr.doc -3- NOTICE OF SPECIAL ELECTION CONSTRUCTION AND IMPROVEMENT OF LAKESIDE DRIVE Town of Watapin er Dutchess County,New or NOTICE I5 HEREBY GIVEN'that a special election of the Town of Wappinger,Dutchess County,New York,will be held at the Town Hall,20 Middlebush Road,in Wappingers Falls on the day of , 2004, at which the polls will be kept open between the hours of 2:00 o'clock P.M., and 9:00 o'clock P.M., Prevailing Time, for the purpose of voting by paper ballot on the adoption or rejection of a proposition with respect to making certain determinations with respect to the construction and improvement of Lakeside Drive in the Cedar Knolls Subdivision in the Town of Wappinger,Dutchess County,New York. The polls will be.kept open for the purpose of voting during the aforesaid hours and the proposition to be voted upon will be in substantially the following form,to-wit: PROPOSITION NO. I Shall the resolution dated January 26,2004 finding and deterinining that it is in the public interest to widen and pave the existing Lakeside Drive into an 18 feet wide road for the entire length of Lakeside Drive at a cost estimated to be $535,000 to be financed by the issuance of obligations over a period not exceeding fifteen years,be approved? The capital project described above has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act,the implementation of which, as proposed,. the Town Board has determined will not result in any significant environmental effects. NOTICE IS HEREBY FURTHER GIVEN, that persons qualified to vote at such special election shall be any owner of property fronting or abutting Lakeview Drive in the Cedar Knolls I I -4- subdivision of the Town of Wappinger, as shown upon the latest completed assessment role of the Town. A tenant by the entirety, tenant in common and joint tenant owning such real property are each entitled to vote. Partnerships and corporations owning such real property are entitled to a single vote. Any such person or entity owning more than one such parcel of real property shall be entitled to only a single vote. Dated: Wappingers Falls,New York, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY,NEW YORK By: Town Clerk INSTRUCTIONS 1) Mark only with a pen having blue or black ink or with a pencil having black lead. 2) To vote "YES" make a cross X mark or a check mark in the square opposite the word uy�rJ+rr. 3) To vote "NO" make a cross X mark or a check mark in the square opposite the word "NO" 4) No other mark than the X mark or the q mark may be used for the purpose of voting, and any other mark or writing, or any erasure made on this ballot outside the voting squares or blank spaces provided for voting will void this entire ballot. 5) If you tear,or deface,or wrongly mark this ballot,return it and obtain another. ----------------------------------------------------------- PROPOSITION yES ❑ Shall the resolution dated January 26, 2004 finding and determining that it is in the public interest to widen and pave the existing Lakeside Drive into an 18 feet wide NO ❑ ' road for the entire Iength of Lakeside Drive at a cost estimated to be $535,000 to be financed by the issuance of obligations over a period not exceeding fifteen years,be approved? INSTRUCTIONS 1) Mark only with a pen having blue or black ink or with a pencil having black lead. 2) To vote "YES" make a cross X mark or a check mark in the square opposite the word "YES" 3) To vote "NO" make a cross X mark or a check mark in the square opposite the word "NO". 4) No other mark than the X mark or the 4 mark may be used for the purpose of voting, and any other mark or writing, or any erasure made on this ballot outside the voting squares or blank spaces provided for voting will void this entire ballot. 5) If you tear,or deface,or wrongly mark this ballot,return it and obtain another. ----------------------------------------------------------- PROPOSITION YES Shall the resolution dated January 26, 2004 finding and determining that it is in the public interest to widen and pave the existing Lakeside Drive into an 18 feet wide road for the entire length of Lakeside Drive at a cost estimated to be$535,000 to be NO financed by the issuance of obligations over a period not exceeding fifteen years, be approved? INSTRUCTIONS 1) Mark only with a pen having blue or black ink or with a pencil having black lead. 2) To vote "YES" make a cross X mark or a check mark in the square opposite the word "YES" 3) To vote "NO" make a cross X mark or a check mark in the square opposite the word TWO". 4) No other mark than the X mark or the 4 mark may be used for the purpose of voting, and any other mark or writing, or any erasure made on this ballot outside the voting squares or blank spaces provided for voting will void this entire ballot. 5) If you tear, or deface, or wrongly mark this ballot,return it and obtain another- ----------------------------------------------------------- PROPOSITION YES ❑ Shall the resolution dated January 26, 2004 finding and determining that it is in the public interest to widen and pave the existing Lakeside Drive into an 18 feet wide NO ❑ road for the entire length of Lakeside Drive at a cost estimated to be $535,000 to be financed by the issuance of obligations over a period not exceeding fifteen years,be approved? INSTRUCTIONS 1) Mark only with a pen having blue or black ink or with a pencil having black lead. 2) To vote "YES" make a cross X mark or a check 4 mark in the square opposite the word 3) To vote "NO" make a cross X mark or a check 4 mark in the square opposite the word "NO". 4) No other mark than the X mark or the 4 mark may be used for the purpose of voting, and any other mark or writing, or any erasure made on this ballot outside the voting squares or blank spaces provided for voting will void this entire ballot. 5) if you tear, or deface, or wrongly mark this ballot,return it and obtain another. PROPOSITION YES ❑ Shall the resolution dated January 26, 2004 finding and determining that it is in the public interest to widen and pave the existing Lakeside Drive into an 18 feet wide d NO ❑ road for the entire length of Lakeside Drive at a cost estimated to be$535,060 to be = finance by the issuance of obligations over a period not exceeding fifteen years,be approved? i �i INSTRUCTIONS 1) Mark only with a pen having blue or black ink or with a pencil having black lead. 2) To vote "YES" make a cross X mark or a check mark in the square opposite the word 3) To vote "NO" make a cross X mark or a check mark in the square opposite the word „NO". 4) No other mark than the X mark or the mark may be used for the purpose of voting, and any other mark or writing, or any erasure made on this ballot outside the voting squares or blank spaces provided for voting will void this entire ballot. 5) If you tear,or deface, or wrongly mark this ballot,return it and obtain another, PROPOSITION YES Shall the resolution dated January 26, 2004 funding and determining that it is in the public interest to widen and pave the existing Lakeside Drive into an 18 feet wide NO ❑ road for the entire length of Lakeside Drive at a cost estimated to be$535,000 to be financed by the issuance of obligations over a period not exceeding fifteen years,be approved? I INSTRUCTIONS 1) Mark only with a pen having blue or black ink or with a pencil having black lead. 2) To vote "YES" make a cross X mark or a check mark in the square opposite the word Wnsil 3) To vote "NO" make a cross X mark or a check mark in the square opposite the word 4) No other mark than the X mark or the 4 mark may be used for the purpose of voting, and any other marls or writing, or any erasure made on this ballot outside the voting squares or blank spaces provided for voting will void this entire ballot. 5) If you tear,or deface,or wrongly mark this ballot,return it and obtain another.----------------------------------------------------------- PROPOSITION yES ❑ Shall the resolution dated January 26, 2004 finding and detaining that it is in the public interest to widen and.pave the existing.Lakeside Drive into an 18 feet wide NO ❑ road.for the entire length of Lakeside Drive at a cost estimated to be$535,000 to be financed by the issuanco of obligations over a period not exceeding fifteen years,be approved? 1324214.1 090427-388P At a regular meeting of the Town Board of the Town of Wappinger,Dutchess County, New York,held at the Town Hall,in Wappingers Falls,New York,in said Town,on January 26,2004, at o'clock M.,Prevailing Time. The meeting was called to order by , and upon roll being called, the following were PRESENT: ABSENT: The following resolution was offered by Councilman , who moved its adoption, seconded by Councilman ,to-wit: RESOLUTION DATED JANUARY 26,2004. A RESOLUTION MAKING CERTAIN DETERMINATIONS WITH RESPECT TO THE CONSTRUCTION AND IMPROVEMENT OF LAKESIDE DRIVE IN THE CEDAR KNOLLS SUBDIVISION IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY,NEW YORK. WHEREAS, an informal petition of landowners abutting Lakeside Drive in the Cedar Knolls Subdivision has been prepared with reference to Section 200 of the Town Law and has been submitted to the Town Board of the Town of Wappinger, Dutchess County, New York, relative;to the construction and improvement of a certain private road in said Town known as Lakeside Drive; and WHEREAS,the Town Board of the Town of Wappinger, Dutchess County,New York,has heretofore called and duly held. a public hearing, at 7:30 o'clock P.M., Prevailing Time on December 22, 2003, at the Town Hall, in Wappingers Falls, New York, to consider such construction and improvement, consisting of the widening and pavement of the existing Lakeside Drive into an 18 foot-wide road for the entire length of Lakeside Drive, having a total length of approximately 1,555 linear feet, and incidental improvements and expenses in connection therewith; and WHEREAS,notice of such public hearing was duly published and posted according to law, and proof of said publication and posting detailing the manner and the timing of the same have been duly presented to said Town Board; and WHEREAS, the maximum amount proposed to be expended for such widening and pavement, including the cost of the necessary acquisition by the Town of any right-of-way or other real property interests incidental thereto, is estimated to be $535,000 to be financed by the issuance of obligations pursuant to the Local Finance Law over a period not exceeding fifteen years; and -2- WHEREAS, said capital project has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and WHEREAS, said Town Board has duly considered the evidence given at said public hearing;NOW,THEREFORE, BE IT RESOLVED,by the Town Board of the Town of Wappinger,Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to construct and improve Lakeside Drive,by the aforesaid widening and pavement of Lakeside Drive at a cost estimated.to be$535,000. The Town engineer is hereby directed to prepare definite plans and specifications and to make a careful estimate of the expense thereof and,with the assistance of the Town Attorney,to prepare a proposal contract for the execution of the work. Section 2. This resolution is adopted subject to permissive referendum. Pursuant to the provisions of Section 94 of the Town Law,the Town Board hereby elects,upon its own motion, to cause a proposition with respect to this resolution to be submitted for the approval of the owners of taxable real property fronting or abutting Lakeview Drive in the Cedar Knolls Subdivision of the Town of Wappinger, Dutchess County, New York, at a special Town election to be held 2004. 1 The adoption of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. RESOLUTION DATED JANUARY 26,2004. A RESOLUTION PROVIDING FOR THE HOLDING OF A SPECIAL TOWN ELECTION OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, FOR THE PURPOSE OF SUBMITTING A PROPOSITION ON THE QUESTION OF APPROVING OR DISAPPROVING A RESOLUTION MAKING CERTAIN DETERMINATIONS WITH RESPECT TO THE CONSTRUCTION AND IMPROVEMENT OF LAKESIDE DRIVE IN THE CEDAR KNOLLS SUBDIVISION IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY,NEW YORK. WHEREAS,the Town Board of the Town of Wappinger,Dutchess County,New York,has, at a meeting duly called, held and conducted on January 26, 2004, adopted a resolution making certain determinations with respect to the construction and improvement of Lakeside Drive in the Cedar Knolls Subdivision in the Town of Wappinger, Dutchess County, New York, which resolution was adopted, in accordance with the provisions of Section 91 and 94 of the Town Law, subject to an election; and WHEREAS, the Town Board now desires to provide for the holding of a special Town election for the purpose of submitting a proposition with respect to such resolution to be submitted to the owners of real property fronting or abutting Lakeview Drive in the Cedar Knolls Subdivision of the Town for their approval or disapproval of such resolution and for certain details concerning said special Town election and to approve the form of ballot thereof and to cause notice thereof to be given, in accordance with the provisions of Articles 7 and 6 of the Town Law and various provisions of the Election Law;NOW,THEREFORE,BE IT RESOLVED, by the Town Board of the Town of Wappinger,Dutchess County,New York, as follows: Section 1. A special election of the owners of real property fronting or abutting Lakeview Drive in the Cedar Knolls Subdivision of the Town of Wappinger, Dutchess County, -z- New York, shall be held on the day of 2004, at the Town Hall, 20 Middlebush Road, in Wappingers Fails, New York, for the purpose of voting upon the proposition with respect to the resolution referred to in the preambles hereof. Voting shall be by paper ballot and the polls at such special election shall be kept open between the hours of 2:00 o'clock P.M. to 9:00 o'clock P.M.,Prevailing Time. Section 3. The Town Clerk is hereby authorized and directed to give notice of such special election by publication in a newspaper published in said Town, the first publication of such notice to be made; at least ten days prior to the 2004 election. In addition, the Town Clerk shall post or cause to be posted a copy of such notice on the sign board maintained pursuant to: subdivision 6 of Section 30 of the Town Law, such posting to be at least ten days prior to said election. Said notice shall be in substantially the following form,to-wit: -3- NOTICE OF SPECIAL ELECTION• CONSTRUCTION AND IMPROVEMENT OF LAKESIDE DRIVE Town of Wappinger,Dutchess County,New York NOTICE IS HEREBY GIVEN that a special election of the Town of Wappinger, Dutchess County,New York,will be held at the Town Hall,20 Middlebush Road,in Wappingers Falls on the day of , 2004, at which the polls will be kept open between the hours of 2:00 o'clock P.M., and 9:00 o'clock P.M., Prevailing Time, for the purpose of voting by paper ballot on the adoption or rejection of a proposition with respect to making certain determinations with respect, to the construction and improvement of Lakeside Drive in the Cedar Knolls Subdivision in the Town of Wappinger,Dutchess County,New York. The polls will be kept open for the purpose of voting during the aforesaid hours and the proposition to be voted upon will be in substantially the following form,to-wit: PROPOSITION NO, 1 Shall the resolution dated January 26,2004 finding and determining that it is in the public interest to widen and pave the existing Lakeside Drive into an 18 feet wide road for the entire length of Lakeside Drive at a cost estimated to be$535,000 to be financed by the issuance of obligations over a period not exceeding fifteen years,.be approved? The capital project described above has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act,the implementation of which,as proposed, the Town Board has determined will not result in any significant environmental effects. NOTICE IS HEREBY FURTHER GIVEN, that persons qualified to vote at such special election shall be any owner of property fronting or abutting Lakeview Drive in the Cedar Knolls -4- Subdivision of the Town of Wappinger, as shown upon the latest completed assessment role of the Town. A tenant by the entirety, tenant in common and joint tenant owning such real property are each entitled to vote. Partnerships and corporations owning such real property are entitled to a single vote. Any such person or entity owning more than one such parcel of real property shall be entitled to only a single vote. Dated: Wappingers Falls,New York, ,2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY,NEW YORK By: Town Clerk - 5- Section 6. This resolution shall take effect immediately. The adoption of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. RESOLUTION DATED JANUARY 26,2004. RESOLUTION DESIGNATING ELECTION OFFICIALS FOR A SPECIAL TOWN ELECTION OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK,TO BE HELD ON , 2004. WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has provided for the holding of a special Town election on ,2004 and WHEREAS, for a special Town election Section 83 of the Town Law requires election inspectors and ballot clerks be selected by the Town Board from the list of election inspectors and ballot clerks previously designated for general election purposes and that no less than two nor more than four registrars shall be selected for each voting place; and WHEREAS, it is now desired to provide for the appointment of Election Officials for such special Town election;NOW,THEREFORE BE IT RESOLVED,by the Town Board of the Town of Wappinger,Dutchess County,New York,as follows: Section 1. The following persons are hereby selected to,serve as Election Inspectors and Ballot Clerks for such special election: ELECTION INSPECTOR BALLOT CLERK Section 2. The Election Inspectors named above shall be paid the sum of$ each for their services. Section 3. The Ballot Clerks named above shall be paid the sum of$ each for their services. _2_ Section 4. In the event any Election Inspector or Ballot Clerk named above is unable to, or refuses to, assume or perfonn the duties required of them,the Supervisor is hereby authorized to appoint alternates to serve at such special election,each such alternate to be selected from the list of Election Inspectors previously designated for general election purposes. Section 5. This resolution shall take effect immediately. The adoption of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. STATE OF NEW YORK ) 55.. COUNTY OF DUTCHESS I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, DO HEREBY CERTIFY: That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town,including the resolution"contained therein,held on January 26,2004,with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein,referred to. I FURTHER CERTIFY that all members'of said Board had due notice of said meeting. I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public. I FURTHER CERTIFY that, PRIOR to,the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows: Newspaper and/or other news media Date given 1324214.1 I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s)on the following dates: Designated Location(s) of posted notice _ Date of Posting INVITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town on ,2004. Town Clerk (CORPORATE SEAL) -2- - 3- NOTICE OF SPECIAL ELECTION CONSTRUCTION AND IMPROVEMENT OF LAKESIDE DRIVE Town of Wap pinger,Dutchess County,New York NOTICE IS HEREBY GIVEN that a special election of the Town of Wappinger,Dutchess County,New York,will be held at the Town Hall,20 Middlebush Road,in Wappingers Falls on the day of 2004, at which the polls will be kept open between the hours of 2:00 o'clock P.M., and 9:00 o'clock P.M., Prevailing Time, for the purpose of voting by paper ballot on the adoption or rejection of a proposition with respect to making certain determinations with respect to the construction and improvement of Lakeside Drive in the Cedar Knolls Subdivision in the Town of Wappinger,Dutchess County,New York. The polls will be kept open for the purpose of voting during the aforesaid hours and the proposition to be voted upon will be in substantially the following form,to-wit: PROPOSITION NO. 1 Shall the resolution dated January 26,2004 finding and determining that it is in the public interest to widen and pave the zxive atga costside Drive into an 18 feet estnnated to be $535,000 wide road for the entire length of Lakeside to be financed by the issuance of obligations over a period not exceeding fifteen years,be approved? The capital project described above has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act,the implementation of which,as proposed, the Town Board has determined will not result in any significant environmental effects. NOTICE IS HEREBY FURTHER GIVEN, that persons qualified to vote at such special election shall be any owner of property fronting or abutting Lakeview Drive in the Cedar Knolls -4- Subdivision of the Town of wappinger, as shown upon the latest completed assessment role of the Town. A tenant by the entirety, tenant in common and joint tenant owning such real property are each entitled to vote. Partnerships and corporations owning such real property are entitled to a ry single vote. Any such person or entity owning more than one such parcel of real property shall be entitled to only a single vote. Dated: Wappingers Falls,New York, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY,NEW YORK By: Town Clerk ME FARR&GALLAGHER FAX TRANSMISSION 787 Severah Avenue NewYoria NY 10019-60" (212)72MOOO Date: ® L Time: ! Total number of pages(including this page): Please.inrlude Cliem(Mam-rNo.below I PROM: Thomas M.Rothman,Esq. 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The information may be pmteeted by attorney/client privilege,work product immunity,or other legal rubs_ lfthe reader of this message is not the intended recipient or agent rrsponsihle for delivering it to ncc intended recipient,you arc hcrcby notified that any Attention,dissemination,diwlosvre,distribution,copying,or other use of this fax is strictly prohibit!& if you have received this fax in error,please notify us immodisteiy by teiWbone in order to arrange for W e destruction of the fax or its return to us at our expense. willkio Farr& Gallagher LLF is a limited liabil!ty partnership organized in the United States undcr the law5.of the Stale of-Delaware which!awe limit the pemotsa] liability of partners. THANK YOU. Attention Recipient: - lf Any Problem: Call (212)728-8911 Reociving Fax Number: (212)728-9111 Infernal Use Only- ()!)4.)1 Client No_: matter Nv.: 3 10 0 Attomey N.n__ 04719 Please Jhe k hero;;you't faxed document reh rued to you Io9.dind of Mt to Ret ord9 Depattmmi. WIUKI E FARR&GALIIA.GHE TaAhiq$M.RoryMnfl :112 723 9269 cro=}1m�.�Ca�wllkiacum - ', ?87 Sc cnr11 rl,vnue January 21,2004 Nm Ywk,NY 10019-6oss Tcl,!1'728 009 F.v:212??b 8111 Albert P.Roberts,Esq- Vergilis,Stenger,Roberts,Pergament&Viglotti,LLP Attorneys and Counselors at Law 1136 Route 9 Wappinger Palls,New York 12590 Re: Town of Wappinger,Dutchess County,New York Cedar Knolls Subdivision-Town Law Section 200 Proeoedings Our Pile No.090427-00388P Dear Al: I an, writing to address the voting qualification issues raised in your fax of earlier today. By separate letter and proceedings,I will tomorrow send you proceedings to be adopted by the Town Board next Monday. The issue of voting rights still remains unsettled after numerous cases at various levels of the judiciary,including the U.S.Supreme Court. We do not consider ourselves experts on voting rights issue, although we believe we know as much as anyone else in the field. However, if, after reviewing this letter, you wish to raise this voting qualifications issue with the New York State Comptrollef's Office, whose advice should govern this issue,you should feel free to do so. The analysis that follows is based upon published opinions of the New Yoric State Comptroller and various case law. Section 200 of the Town Law states, at subdivision 10, that a proposition relating to a street improvement thereunder must be approved by the affirmative vote of a majority of the owners of real property situate in the proposed benefited area described in the resolution and shown upon the latest completed assessment role of the Town,voting upon such preposition. The first issue which must be determined is the benefited area. As previously stated to you in cotrespondence, and as specifically contained in Opinion of the state Comptroller 94-27,previously sent to you with my letter of October 7,2003,the benefited area is the real property fronting or abutting the portions of the street to be improved. The proceedings which we have previously sent to you and which the Town Board has adopted included a description of the benefited area at Appendix A and have listed the properties by Tax Map ID numbers. Within that benefited area the next qu2-ctinn should be"Who may vote?" I must point out,before discussing that question, that the language of subdivision 10 cited above is similar, hat not 1304331.1 r'F YORK wA5y1NGTON IARIS LONDON MILAN RO1.1E FQANkrURT 1311USSrLa -2- identical,to language in Section 209-e of the Town Law and in Section 206(7)of the Town Law. Section 209-e,however,has an additional sentence which states that for purposes of that Section, a corporate owner of(taxable—a requirement of Sections 209-v and 206(7)but not Section 200) real property shall be entitled to one vote to be cast by an officer or agent of the corporation or other duly authorized person designated by appropriate resolution of the corporation- Section 206(7) does not contained that provision but contains an additional provision that an owner of taxable real property must also be an elector of the Town,which would eliminate a corporate voter. Accordingly, for guidance, I believe tho appropriate analogous Section is Section 209-e. The State Comptroller, in Opinion 86-17 (copy enclosed), determined that each tenant by the entirety, tenant in common and joint tenant owning taxable real property are entitled to vote. Partnerships and corporation owning such property are only entitled to a single vote. Where any such person or entity owns more than one parcel,they are nonetheless entitled to a single vote. Opinion of the State Comptroller#92.39, also enclosed,provides that people who do not own taxable real property, such as renters, are not entitled to vote. Citations are set forth in that opinion regarding the constitutionality of limiting the franchise to owners. We believe that the same constitutional analysis contained in Opinion 92-39 with respect to Section 209-e is applicable to Section 200 of the Town Law and that persons who do not own real property are not entitled to vote under Section 200 of the Town Law. Accordingly, we believe, in specific response to your three questions, that multiple property owners(husband and wife)may each vote as each is the owner of real property;that owners of multiple properties may only vote once and that non-New York State resident owners of such real property are entitled to vote. In the proceedings to be sent to you the voting qualifications will be as set forth above. Again, please feel free to discuss this issue with the New York State Comptroller's Office. With best wishes, Very truly Thomas M.Rothman TMRpds Enclosures r30933t-! 8&17 OPINIONS OF THE STATE COMPTROLLER 28 s.$s court's decision that allocation between the paid and volunteer firemen should be based".__ strictly on a pro rate basis from their respectirr active membership ros. ters."(14e+an v Kimbark, A112d 494 NY82d 918)_We have been advised that a motion for leave to appeal tv the Cqurt of Appeals is Preseirtly pending in that case. March 14,1986 Nania 11,O'Kaue,Secretary St,Paul's Boulevard Exempt 1!iremea's Association E ®pn No. 86-17 -SEWER DISTRICT—Referendum(eligibility to voter(ebeentee voting) EI ECTIOIgS — improvement District (eligibility to vote); (voting by absentee ballot) CONSTITIMONAL LAW—Election$(absentee voting) STATE CONSTITUTION,ARTICLE 11,$2;TOWN LAW,¢209-e, Each tenant by the entirety, tenant in common and lain, tenant owning taxable 17 E4 1 property within a proposed district or extenaion are entitled to vote as a referendum nndwr'Town Law, ;209-e- However, Partuerahips and curpora- tiona owning each property are on}y entitled to a single vote- Where any Huck parson or ontity owns more than one parcel within the propOWA dis. trict,they are nonetheless entitled to a single vote. A town is not author- ized to adopt a Ioc41 law authorizing absentee voting in Special district elections.1993 Opns 5t Comp No,83 231.p 303 is hereby superseded. We have been asked several questions about voting in a special election for the establishment or extension of improvement districts conducted pursuant to flown Law, f 209-e.This soction provides,in part.as Follows: 'the [town] board may adopt a resolution approving the establish- ment or extension of the district as the boundsxies shall be finally determined and the construction of the improvement or providing the service therein,which reaolutiort shall be subject to permissive referendum in the manner provided in article seven of this chapter, except as hereinafter provided.The proposition must be approved by the affirmative vote of a majority of the owner&of taxable real prop_ arty situate in the proposed district***as shown upon the lateat tompieted assessment-roll of the tnwa, voting on such propo$i4ivn Far purpoeea of this section,a OMPOrate owner of such taxable rest ProPerty shall be considered one owner for the parpoSea of a petition requesting a referendum and sball be entitled to one vote to be caat by an officer or 49cut Of the corporation or other duly author- ized person designated by appropriate resolution of such corpora- tion."(Town Law,f 208•e[31). Specifically,we were askad how many votes mny 6e eaat on behalf of u parcel of land within the proposed district or extension w4en one or more individuals have Sa inter. ast in the property by reason of its being owned by tenants by the entirety,tenants 1Ii common,joint tenants or a partnership-We were also asked whether a person who owns more than one parcel of property within the proposed district or extension is entitled to more than one vote,Finally,we were asked whether a town can authorise absentee voting on such raferenda. 29 3-8fi OPINIONS OF THE STATE CdMPTR431.r ER 86-17 In Krrsrel v Steinberg,188 ML%e 455,69 NYS2d 476 the Court stated: "The term `ownership of land' involves the idea of rights in some particular person or persons to use the land according to his or their pleasure_Under this concept,one does not awn the land but rather an estate in the land,that is, the rights of possession,present and future"(W NYS2d 476,490). Estates POwers and Trust Law, $6.1.1 definoA the typos of eetat which may be owned in property, including a fee simple absolute.Section 6-2.2 of that statute pro vides,in effect,that such estates do property may be owned b one or severalit or a9 Y more persons in opinion,y Joint tenant$, tenants in common or tenants by the entirety. In our P , therefore, each of the persons who owns the fee to real property as a joint tenant,tenant in comman or as a tenant by the entirety has an ownership interoat in the property which entitlea that individual to vote on a proposition submitted P ant to Town Law, ¢209-e(see Meister v Town Board of the Tows of FdcTnirsg,1$Nygd 92,271 NYS2d 995). Real property owned in the name of a partnership,however,creates interests in the individual partners which differ markedly from those of the three tenancies discussed above-Alembera of a partnership acquire an interest in personalty, i.e.,their shares are in the partnership rather than in the,real property itself(Fai"A;ld v Fairchild,64 NY 472;LaRussa v Paladin,109 NY82d 627,affd 280 App Div 988,116 NY82d 617)_ It has long been the Lew of this State that- "Real estate used in the Business of a copartnership, although the right and title is in the name of the individual members of the copartnership, may be just as much copartnership property as per- sonal property,and for all co•partnarship purposes,++*is treated as personal property.When Purchased by partnership funds in the part- nership business,and actually appropriated to and used in the part- nership business, it becomes copartnership property, although the real title be in the names of the individual members of such copart- nership,or one of them."(MacFarlane v MacFarlane,82 Run 238,31 NYS 272,273(Emphasis added], A partnership,an a property owner,would,therefore,be entitled to a single vote in an election conducted pursuant to Town Law, $209-e,regardless of the ryumber of part. acra therein. With regard to whether the owner of multiple parcels within the proposed district or extension is entitled to more than one vote, Town Law, §209-e provides that, if a proposition on the establishment or extension is requirad to he submitted to the votcrz, it must be approved by a majority of the owners of tastable real property in the Proposed d;%trict or extension, votlug on the proposition.It does not provide that an Owner of real property be given A vote for each parcel he owns_Accordingly,it is our Opinion that an owner of real property within a proposed district or extension is only entitled to a single vote under section_209-e even if he swag multiple parcels (cf. Salyer Land Co.v Tulare Water District,410 US 719,93 8 Ct 1224,95 L Ed 2d 659), Finally,it is our Op1n1011 that a.town may not authorize voting by absentee ballots in a referendum conducted pursuant to section 209-e.Section 2 of Article IE of the New York State Constitution provides that: '"£he Legislature may,by general law,provide a]manner in which, and the time and place at which,qualified voters,who,on the occur- rence of amv election,may be ahsent front the county of their resi- dents "' maY vote for the return and canvass of their votes_" tEarphasis added). Thy iP absentee voting is to h y u hprJW_4 1 an election,it must be granted by the State Legielat'ure'throiigh the enactruerrt bf 4 general law`(3¢pg6.e Y'Bo¢rd ofEduca, 88-18 OPINIONS OF THE SPATE COMPTROLLER SO a-m tfon.City of Clen Coca Sch val Dirtrint,216 NYS2d g82_Zb�,v Bo.rd of Z,;fectiurzs of Wcs(cheseer Counry,80 Mlsc 2d 334,362 N Y820 804)_ The Legislature by general statute has authorized absentee voting in uaay primary election,special election called by the Governor,general or New York city community school hoard district or city of Buffalo school district election" (Election Law, §$. 400[1J)and in union fr"and common school district eleetiona(Education Law,§, §8. a).A recently enacted general statute,Town Law,§213-b(L (Education at on L empowers the board of cortttnissianeas of eny._town.improvement district in which the commis stoners are elected to provide by resolution"for absentee ballots for the election of the commission" (Town Law, §212bEID. No general statute, however, extends absentee balloting to town special elections(198S Opns Atty Can[Infj 1018i Matter of Ghent, 102 Misc 259,168 NYS 804).Therefore,inasmuch as there is no State statute author- izing a town to adopt a local law permitting absentee balloting in special district elections, a town is without authority to adopt such a local law sines it would be inconsistent With,asection of Article II of the New York State Constitution(Municipal home Rule Lvr,`$1D[1][ii])_ We note that Town Law, §84(6)does not constitute authority for the adoption of e local law authori2ing absentee voting in town special elections.The purpose of that otatutc is to provide a methud,in towns of the first class which have enacted a local law requiring personal registration for town special elections,by which absentees can become eligible voters without personally appearing for registration.This section was apparently enacted to ensure compliance with Article II,section 5 of the New York State Constitution, which exempts certain voters from the requirements of personal registration(see memorandum of Office for Local Government in support of L 1963,eh 248 which enacted Town Law, §8453; 1966 Opns Atty(.ten (14 80). Thus section 84(5)does not extend absentee voting to town elections of any type_ In short,we conclude Chas sac.tenant by the eutkety;tenant in common and Joint tenant owning taxable real property within a proposed district or extension is entitled to vote in an election conducted pursuant to Town Law,§208-e.However,partnerships and corporations owning such property are only entitled to a single vote.Ilia alp Sur opinion that, where any such person or entity owns more than'nna parcel.within the proposed district,they are nonetheless still only entitled to a single vote,finally,we co nclud2 that a town is not authorized to adopt a local law authorizing absentee votiis, in.spe(al district elections, 1983 Opus"8t'Comp No:03-23.1�p 303, i5 hex@lk ceded. March 17,1966 Cornelius;F.Healy Deputy State Comptroller 4pn No. W18 COLLECTIVE BARGAINING AGREEMENTS—Term(oatcnt to which succeeeor governinz board may be bound) INSURANCE Sel[Insurance(term of contract with claims ndminigtretor) WORKERS' COMPENSATION—Self-Insurance(term of contraet with claims ad_ niinistrator) PUBTAC CONTRACTS--Term (term of contract with insurance claims adtninis_ trator) Opinion 92-39 This opinion represents the views of the Like of the State Comptroller at the time it was rendered.The opinion may no longer represent those views if,among other things,there have been subsequent court cases or statutory amendments that bear on the issues discussed in the opinion. ELECTIONS -- Improvement Districts(eligibility to vote) IMPROVEMENT DISTRICTS -- Establishment(eligibility of non-property owners to vote in election on establishment) -- Referendum (eligibility to vote) SEWER DISTRICTS--Establishment(eligibility of non-property owners to vote in election on establishment)-- Referendum(eligibility to vote) WATER DISTRICTS-- Establishment(eligibility of non-property owners to vote in election an establishment) -- Referendum (eligibility to vote) TOWN LAW, §209-e: Persons who do not own taxable real property situate In a proposed water or sewer district are not entitled to vote in a special district election on a proposition to establish the water or sewer district, At such election each tenant by the entirety, tenant In common and joint tenant owning taxable real property within the proposed district is entitled to vote. However, partnerships and corporations owning such property are only entitled to a single vote.Any such person or entity owning more than one parcel within the proposed district is entitled only to a single vote_ You ask whether persons who do not own taxable real property in a proposed district are entitled to vote in a special election on a proposition to establish a water district or sewer district pursuant to Town Law, §209-e.You also request clarification of voting rights and the number of votes which might be cast in such special elections by persons or entities owning property within the district as a tenant by the entirety,tenant In common,joint tenant, partnership or corporation. Town Law, §209-e(3) provides, in pertinent part,that a proposition to approve a resolution establishing a special district"must be approved by the affirmative vote of a majority of the owners of taxable real property situate in the proposed district",The provision in section 209-e(3) limiting the right to vote only TO property owners was held to be unconstitutional in the context of a referendum to establish a water district in Matter of Wnaht v Town Aoard of the Town of Carlton, 41 AD2d 290, 342 NYS2d 577 (1973],affd 33 NY2d 977, 353 NY52d 739.The court in Wright,sulzra, discussed-the US.--Suprenie Court case of Sal ye v Tulare Water District,410 us 719, 93 S Ct 1224,35 L Ed 2d 659, in which the Supreme Court recognized an-exception to"one-person,one-vote"principles when a governmental body has a special limited purpose which disproportionately affects landowners as a group,and found it was not controlling. In reaching its conclusion, the court also noted that both landowners and tenants share a vital concern as to the availability of good drinking water and that tenants may Indirectly pay for water through increases in rents- Su bsecluently, however, the Court of Appeals in Eller v Walters,.56 NY2d 306,452 NY52d 333(1982), upheld the constitutionality of the requirement in Town Law, §206(7)that a voter on a proposition for the consolidation of special districts must be "the owner of taxable property situate within one of the districts..." (see also 1083 Opns St Comp No. 83-189, p 238).The Court of Appeals,rioting that the property ownership provision in section 206(7)was-comparable"to that in section 209-e(3) (56 NY2d at 310, 452 NY52d at 335), held that the requirement in section htto:tlnY5osc3.osc,state.nY,usllegall199'2/legaloplop92-39.htm 0 1/2 112 004 206(7)did not violate the equal protection guarantees of either the State or Federal Constitutions (NY Const, art I, §11, US Const, 14th amend), or the voter rights provisions of the State Constitution (NY Const,art I, §1; art II, §1). The Court relied upon the decision of the U.S. Supreme Court in WI v James, 451 US 355r 101 S Ct 1011, 68 L.Ed2d 150 (1981),which upheld a land ownership requirement In an election of directors of a water reclamation district. The Court of Appeals stated that"the Supreme Court's latest decision in this area (Bali v James) now indicates that the exception recognized in Salyer is broader than it was perceived to be when the Wright case was decided" (56 NY2d at 312,452 NYS2d at 336).The Court expressly rejected factors found persuasive in Wright; i.e.,the common interest of both landowners and tenants in the availability of public water facilities and the fact that costs of the district directly imposed on landowners will also be passed along to tenants through increased rents. Instead,the Court observed that"it was now clear, from the Supreme Court's decision in the Ball case that the question is not whether those entitled to vote are the only ones affected by the operations of this type of special entity, but whether the effect on them is disproportionately greater than on those claiming an equal right to vote" (56 NY2d at 313, 452 NYS2d at 337).The Court of Appeals indicated that,as in Ball, the role of the consolidated water district was limited to the storage and delivery of water to landowners throughout the district and did not include the exercise of general governmental authority or provision of general public services.It further noted that the costs of the consolidated water district and its operations would be assessed °only against landowners whose property alone is subject to assessments and charges for the benefits conferred,and is also subject to liens for delinquencies" (56 NY2d at 313,452 NYS2d at 337). It is clear that the Court of Appeals, in rejecting the factors found to be persuasive in Wright and noting that section 209-e contains"comparable"provisions to section 206(7), no longer views MLd9-hJ as controlling precedent(see also dissenting opinion of Judge Fuchsberg). Moreover, the limited purpose of a water district and the disproportionate effect of its activities upon landowners therein is the same in the context of both a special district election on a proposition to establish a water district pursuant to Town law, §209-e and on a proposition to consolidate water districts pursuant to Town Law, §206(7).Therefore,it is our opinion that the holding of Csler applies equally to a vote on,a proposition to establish a water district and, therefore, persons who do not own taxable real property situated in the proposed district are not entitled to such a vote_ It is also our opinion that the same conclusion would apply to a proposition to establish a se ry�e�district pursuant to Town Law, §209-e. Like water districts,sewer districts are governmental bodies performing a special limited function and not exercising general governmental authority. Further,since the assessments and charges of a sewer district,like those of a water district, are raised only against landowners (Town Law, §9198(1], 202, 202-a; General Municipal Law, art. 14-F), the establishment of a sewer district will have the same type of a special and disproportionate effect upon landowners as that discussed in Esler. We also note that the rationale of the U.G. Supreme Court's decision in Ball has bccn considered and applied by other courts in the context of sewer and certain other types of districts. For example,in Burris vgwer Improvement District No W,743 F Supp 655, (US Dist Ct, ED Ark.), the court upheld the constitutionality of an Arkansas statute allowing the majority in assessed value of the landowners to petition for the formation of a sewer improvement district. In QQLdSj>i v_jircheii, 144 III App 3rd 474, 494 NE2d 914,the Appellate Court of Illinois, 2d District, upheld the constitutionality or a statute limiting to property owners the right to vote in an election of a member of the board of commissioners of a drainage district which, In addition to having responsibility for the management of erosion httol(nvsosc3.osc.stuta.nv.usltexall l9r?2/leealoplop92-34.htm 0I/2I/2004 and flooding problems, possessed powers relating to the collection and disposal of sewage. Similarly, the Ball rationale has been applied in New York to a referendum under Town Law, §209-e on extension or d iefu5e collection district(Lane v Town o, f Oaster Bay,-149 Misc 2d-237,,554 NYS2d 655,-appeal pending) and in other states to irrigation district elections(Porterfield v Van Boen€rlq, 154 Ariz 556,744 P2d 468), and rapid transit districts(Southern California Rapid Transit District v Boles, 60 Law Week 5918, Calif.Sup Ct. No. 5015986).Indeed, the only cases of which we are aware in which the Ball rationale has been rejected and a land ownership requirement stricken were Quinn v Mill5ap,491 US 95, 109 S Ct 2324, 105 L Ed2d 74,which was not a voting rights case but, rather, involved a real property ownership requirement for appointment to a board recommending a plan for reorganizatlon of local government, and 13iornstad v HulSe 22.9 Cal App 3rd 1568, 261 Cal Rptr 548, in which the California Court of Appeals had declared unconstitutional a statute specifying that only landowners in a special water district could vote in district elections or be members of the district's governing board of directors.The latter decision, however, was vacated by the California Supreme Court and remanded for reconsideration in the light of an intervening statutory amendment enfranchising all residents of the water district. Accordingly,we conclude that persons who do not own taxable real property situated in a proposed sewer district are not entitled to vote on a proposition to establish the sewer district, pursuant to Town Law, §209-e. We note that the Attorney,',General,in 1991 Opn Atty Gen I 91-30, has reached the same conclusion_ Your question regarding voting rights,in elections under Town Law, §209-e,of tenants by the entirety,joint tenants,tenants in common, partnerships and corporations has previously been addressed by this Office in 1986 Opns St Comp No. 86-17, p 28,As we concluded in that opinion,which is hereby reaffirmed,each tenant by the entirety,tenant in common and joint tenant owning taxable real' property within a proposed district is entitled to vote in an election conducted pursuant to Town Law, §209-e. However, partnerships and corporations awning such property are only entitled to a single vote, and any person or entity owning more than one parcel within the proposed district is entitled only to a single vote. December 29, 1992 Mahlon R. Perkins, tsq.,Town Attomey Town of Dryden �e..ci„�naaRilIQg7/leaalon/oo92-39.htm 0 1/2 11200•