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2005-06-13 RGMTOWN OF WAPPINGER SUPERVISOR JOSEPH RUGGIERO Call to Order Roll Call, Salute to Flag SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-2744 FAX: (845) 297-4558 Monday, June 13, 2005 7:30pm Wappinger Town Hall AMENDED AGENDA Suspension of Rules for Public Comment on Agenda Items Public Hearing: Public Hearing for Stop Sign at Flint Rock Road and Riverview Drive TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Discussions: The Preserve Subdivision — Joel Hanig Dutchess County Community Action Partnership Resolutions: 2005-078 Resolution Adopting Local Law Designating a Full Stop Intersection at the Intersection of Flintrock Road and Riverview Drive 2005-079 Resolution Appointing Recreation Commission Member 2005-080. Resolution Authorizing Bids for Recreation Dump Truck 2005-081 Resolution Introducing Local Law to Amend Section 122-16.N of the Town of Wappinger Code 2005-082 Resolution Authorizing the Substitution of a New Performance Agreement Secured by Letter of Credit in Connection with the Blackwatch Farm Subdivision 2005-083 Resolution Authorizing Waiver of 30 Day Notification Required by the New York State Liquor Authority 2005-084 Resolution Authorizing Budget Transfer New Business/Comments Executive Session Direct Buy Adjournment 0611312005.WS The Workshop Meeting of the Town of Wappinger was held on June 13. 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman John C. Masterson, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Absent: Graham Foster, Highway Superintendent SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilwoman McCarthy moved to suspend the rules for purposes of public comment on agenda items, seconded by Councilman Bettina and unanimously carried. PUBLIC HEARING Public Hearing for Stop Sign at Flint Rock Road and Riverview Drive. DISCUSSIONS: • The Preserve Subdivision -Joel Hanig - Mr. Hanig explained in order to drill test wells in the Preserve Subdivision a temporary easement would be needed to access the wells. The easiest access to the property runs through the property owned by the Town of Wappinger which is adjacent to the Town Hall. He is requesting the Town of Wappinger to grant the easement. After some discussion, Supervisor Ruggiero announced that the Attorneys would meet and work out the details of setting up a temporary easement in order for the Town Board to ratify it. Mr. Paggi also requested a detailed plan be submitted showing the grading that's necessary and communication between the Town and the existing tenants. RESOLUTION NO. 078-2005 RESOLUTION ADOPTING LOCAL LAW NO. #4 OF THE YEAR 2005, DESIGNATING A FULL STOP INTERSECTION AT THE INTERSECTION OF FLINTROCK ROAD AND RIVERVIEW DRIVE The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy 06/13/2005.WS WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. #4 of the Year 2005, Designating a Full Stop Intersection at the Intersection of Flintrock Road and Riverview Drive" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal; and WHEREAS, a Public Hearing was held on May 23, 2005 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to environmental review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled "Local Law No. #4 of the Year 2005, Designating a Full Stop Intersection at the Intersection of Flintrock Road and Riverview Drive", a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. 4. Town Engineer, Joseph E. Paggi, Jr., is hereby further directed to take any and all actions necessary required in furtherance of establishing the above-mentioned full stop intersection in accordance with the spirit and intent of "Local Law No. #4 of the Year 2005". The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye This Resolution is hereby duly declared adopted OA 06/13/2005.WS LOCAL LAW NO.#4 OF THE YEAR 2005 A Local Law entitled "Local Law No. #4 of the Year 2005, Designating a Full Stop Intersection at the Intersection of Flintrock Road and Riverview Drive." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger "Local Law No. #4 of the Year 2005, Designating a Full Stop Intersection at the Intersection of Flintrock Road and Riverview Drive", which shall amend the present Vehicles and Traffic Code, as set forth below. Section II: Legislative Intent: Town Engineer, Joseph E. Paggi, Jr., by letter dated April 21, 2005, has recommended that the Town of Wappinger install a "stop sign" and establish a full stop intersection on Flintrock Road at its eastbound intersection with Riverview Drive. Highway Superintendent, Graham Foster, by letter dated April 21, 2005, has approved the Town's installation of a "stop sign" and the establishment of a full stop intersection on Flintrock Road at its eastbound intersection with Riverview Drive. Based upon the recommendation of Town Engineer, Joseph E. Paggi, Jr., and the recommendation of Highway Superintendent, Graham Foster, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to revise the Town's Vehicle and Traffic Code §230-43 "Schedule IX: Stop Intersections" to designate the intersection of Flintrock Road at its eastbound intersection with Riverview Drive as a full stop intersection. Section III: Stop Intersection: The Town of Wappinger Code §230-43 is hereby amended by alphabetically inserting into Schedule IX the following designated full stop intersections: Direction "Stop Sign on of Travel At Intersection of Flintrock Road East Riverview Drive." Section IV: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been 3 06/13/2005.WS adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section V: Effective Date: This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. RESOLUTION NO. 2005-079 RESOLUTION APPOINTING RECREATION COMMISSION MEMBER The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, Ralph Holt, Recreation Commission Chairman has recommended in his later dated May 25, 2005 that Mrs. Ellen Korz be reappointed as a commission member; and WHEREAS, the Wappinger Town Board has found Mrs. Ellen Korz to be the individual capable of filing the vacancy on the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that Ellen Korz is hereby appointed to the Town of Wappinger Recreation Commission. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye This Resolution is hereby duly declared adopted RESOLUTION NO. 2005-080 RESOLUTION AUTHORIZING BID FOR RECREATION DUMP TRUCK The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, the Recreation Committee in a letter dated May 26, 2005 has requested to bid for a new dump truck, and WHEREAS, the Recreation Committee received the award bids as follows: Bruno GMC Truck Sales Corp. $40,673.00 Gallagher Trucking $37,948.00 Ramp Trucks $39,740.00 4 06/13/2005.WS WHEREAS, the Recreation Committee has requested a purchase order in the amount of Thirty Seven Thousand Nine Hundred Forty Eight and 00/100 ($37,948.00) to Gallagher Trucking. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this resolution as if fully set forth and adopted herein. 2. A purchase order is hereby authorized in the amount of Thirty Seven Thousand Nine Hundred Forty Eight and 00/100 ($37,948.00) payable to Gallagher Trucking from Account HAB-7110.200 in accordance with a letter dated May 26, 2005 from Ralph Holt, Chairman to the Recreation Commission. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye This Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-081 RESOLUTION INTRODUING LOCAL LAW NO. OF THE YEAR .. 2005, AMENDING SECTION 122-16.N(6)(e)[7] OF THE TOWN OF WAPPINGER CODE The following resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, the Town Board has received a request from the Town Building Inspector to increase the fee charged by the Town for C/O search requests in a letter dated May 12, 2005; and WHEREAS, the Town Board has determined that it is necessary to increase the fee charged by the Town for C/O search requests based on the time and effort involved in conducting such searches; and WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 ©(20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA). NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein 2. The Town Board hereby introduces for adoption Local Law No. _ of the Year 2005 in the form annexed hereto amending section 122- 16.N(6)(e)[71 of the Town of Wappinger Code. 5 06/13/2005.WS 3. The Town Board hereby determines that he enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 ©(20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Part 617. 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. _ of the Year 2005 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 5th day of July, 2005, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye This Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-082 RESOLUTION AUTHORIZING THE SUBSTITUTION OF A NEW PERFORMANCE AGREEMENT SECURED BY LETTER OF CREDIT IN CONNECTION WITH THE BLACKWATCH FARM SUBDIVISION The following Resolution was introduced by Councilman Valdati and seconded by Councilwoman McCarthy. WHEREAS, the Town of Wappinger Planning Board granted final conditional subdivision approval, by Resolution dated May 3, 2004, subject to and conditioned upon completion of the conditions set forth in the aforementioned Resolution and subject to certain improvements being made and constructed as set forth in the aforesaid Subdivision Map and related drawings, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulation of the Town, and further subject to the requirements set forth in the letter of Paggi, Martin and DelBene, Engineers to the Town, dated March 31, 2004, together with the Schedule of Bond Values; and WHEREAS, the Town Board of the Town of Wappinger has previously accepted a Performance Agreement Secured by A Cash Deposit posted by Robert V. Oswald, Jr., and other parties, in the amount $705,685.00 made by 2 06/13/2005.WS bank checks payable to the Town of Wappinger as security for the obligations set forth in the Performance Agreement executed by Robert V. Oswald, Jr., which checks have been delivered to and deposited by the Town of Wappinger Comptroller; and WHEREAS, Robert V. Oswald, Jr. has transferred all of his right, title and interest into the aforementioned subdivision known as the Blackwatch Farm Subdivision to Blackwatch Development LLC; and WHEREAS, Blackwatch Development LLC proposes to substitute the Performance Agreement and security posted by Robert V. Oswald, Jr. with a new Performance Agreement Executed by Blackwatch Development LLC, and personally guaranteed by John O'Donnell, individually, and James Cherico, individually, secured by a Letter of Credit issued by M&T Bank bearing Letter of Credit No. SB -907772-2000; and WHEREAS, the form of the Letter of Credit has been approved by Albert P. Roberts, Attorney to the Town, subject to one correction which Blackwatch Development LLC has agreed to secure. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein 2. The Town Board of the Town of Wappinger hereby authorizes the substitution of a Performance Agreement executed by Blackwatch Development LLC and personally guaranteed by John O'Donnell, individually and James Cherico individually, secured by a Letter of Credit to be issued by M&T Bank in the amount of $705,685.00 as replacement for the Performance Agreement and Cash Deposit previously posted by Robert V. Oswald, Jr. in connection with the Blackwatch Farm Subdivision, subject to the Letter of Credit being amended to include the following phrase: "This Letter of Credit is issued to guarantee the obligations set forth in a "Substitute Performance Agreement Secured by Letter of Credit" executed by Blackwatch Development LLC simultaneously herewith." 3. Upon adoption of this Resolution and upon receipt of the Amended Letter of Credit as above identified, the Town Supervisor is hereby authorized to release the cash deposit in the sum of $705,685.00 to Robert V. Oswald, Jr. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati Councilman Voting Aye Vincent Bettina, Councilman Voting Aye 7 06/13/2005.WS Joseph Paoloni, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye This Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-083 RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY THE NEW YORK STATE LIQUOR AUTHORITY The following Resolution was introduced by Councilman McCarthy and Wj seconded by Councilman Bettina. WHEREAS, GAB Food Services Incorporated d/b/a Lilliana's Italian Restaurant has purchased the restaurant know as the Woronock House located at 1639 Route 376, Wappingers Falls, New York; and WHEREAS, GAB has applied for a liquor license; and WHEREAS, GAB has requested that the Town waive the 30 -day notification required by the New York State Liquor Authority in an effort to expedite the granting of a liquor license to GAB; and WHEREAS, Joseph Ruggiero authorized the Town Clerk to notify the New York State Liquor Authority that he Town has waived the 30 —day notification period before the license is issued to GAB. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby confirms and ratifies the action taken by Supervisor Joseph Ruggiero and Deputy Town Clerk Florence Hannon notifying the New York State Liquor Authority that the Town waives the 30 -day notification period before a liquor license is issued to GAB Food Services. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye This Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-084 RESOLUTION AUTHORIZING BUDGET AMENDMENTS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. Whereas, the Comptroller to the Town of Wappinger, Gerald A. Terwilliger, has recommended certain budget transfers hereby amending the Town 06/13/2005.WS budget as set forth in a letter dated June 09, 2005 from Gerald A. Terwilliger, Comptroller, to the Supervisor and Town Board Members. A3005 Mortgage Tax Increase 205,000.00 Increase A940.400 Purchase of Land 25,000.00 To adjust budget for increased revenues and expenditures 2. General Fund — Part Town — Budget Amendments B5031 Inter Fund Transfers Increase A1990.500 Educational/CE 10,000.00 Increase B3410.199 Fire Insp. — Comp. Time Increase A1620.200 Equipment — Town Hall 5,000.00 Increase B3620.400 Bldg. Dept./Supplies 25,000.00 Increase A1624.50 Miscellaneous 3,500.00 Increase B3620.199 Bldg. Insp. - Comp. Time 15,000.00 Increase A1620.460 Heating Oil 10,000.00 Increase B8015.199 Zoning Dept. — Comp. 32,000.00 Increase A5132.400 Garage 8,500.00 Increase 15,000.00 A9010.800 State Retirement. Increase 83,000.00 To adjust budget for increased revenues and expenditures 2. General Fund — Part Town — Budget Amendments B5031 Inter Fund Transfers Increase 27,000.00 B3410.199 Fire Insp. — Comp. Time Increase 5,000.00 B3620.400 Bldg. Dept./Supplies Increase 3,500.00 B3620.199 Bldg. Insp. - Comp. Time Increase 10,000.00 B8015.199 Zoning Dept. — Comp. Increase Time 8,500.00 To Adjust Budget for Line Item Amendments Supervisor and Town Board Members 3. General Fund Budget — Transfers Decrease A5010.200 Equipment $600.00 A5010.400 Contractual Expenses $600.00 Increase To Adjust Original Budget 4. General Fund Part Town Budget Transfers Decrease B8015.201 Equipment/Film/Devel. $700.00 Increase B8015.204 Equip/Misc. Supplies $700.00 To Adjust Original Budget 5. Wappinger Sewer Trans./Treat #1— Budget Adjustment Increase SP1930.000 Judgment/Claim $3,066.00 Increase SP0599 Appropriated Fund $3,066.00 Balance To Adjust Budget for Refunds Due Parcels by Special Legislation 6 06/13/2005.WS 6. Wappinger Sewer Trans./Treat Phase 3A — Budget Adjustment Increase SV1930.000 Judgment/Claim $29,513.54 Increase SV0599 Appropriated Fund $29,513.54 Balance NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes the following budget transfers hereby amending the Town of Wappinger Budget adopted for the calendar year of 2005: BE FURTHER RESOLVED, that comptroller hereby authorized to make all necessary budget adjustments for the remainder of 2005. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye This Resolution is hereby duly declared adopted At this time, 7:55 p.m., Councilwoman McCarthy moved to go into Executive Session to confer with Attorney to the Town and Engineer to the Town in regard to Best Buy, seconded by Councilman Valdati and unanimously carried The meeting reconvened at 8:45 p.m. with all board members in attendance except Councilwoman McCarthy. There was no action taken in Executive Session. Councilman Paoloni moved to close the meeting seconded by Councilman Valdati and unanimously carried The meeting adjourned at 8:45 p.m. (2L cmft;��— ohn C. Masterson Town Clerk 10 F� 06/13/2005.PH A Public Hearing was held by the Town Board of the Town of Wappinger on June 13, 2005, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law Designating a Full Stop Intersection at the Intersection of Flintrock Road and Riverview Drive. Supervisor Ruggiero opened the Public Hearing at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman John C. Masterson, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Absent: Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Jay Paggi, Engineer to the Town reported, at the Supervisors request he made a field inspection with the Highway Superintendent. It is his opinion that a placement of a Stop Sign at the intersection of the east end of Flintrock Road as it intersects with Riverview Drive is an appropriate location for a Stop Sign. Mr. Foster by his memo of April 21st concurs. Supervisor Ruggiero wished to know if there were any comments or questions from the audience regarding this proposed local law. John Ragusa of 183 Riverview Drive urged the Councilmembers to vote in favor of the Stop Sign, since it is a very busy intersection. Rick Dahl of 187 Riverview Drive also was in favor of the Stop Sign and wished to thank the Board for their support and urge them to vote for the Stop Sign. There were no other comments or questions from the audience. Councilman Paoloni moved to close the Public Hearing, seconded by TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF ORDER CALLING A PUBLIC HEARING ON PROPOSED LOCAL LAW DEISNATING A FULL STOP INTERSECTION AT INTERSECTION OF FLINTROCK ROAD AND RIVERVIEW DRIVE STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) FLORENCE HANNON being duly sworn deposed and says: That she is the qualified Deputy Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on June 1, 2005, your deponent posted a copy of the attached notice of Public Hearing on the sign board maintained by your deponent in her office in the Town Hall of the Town of Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. 'Z .e FLORENCE HANNON Deputy Town Clerk Town of Wappinger Sworn to before me the day f ,2005 'NOTARY P1 LIC MARIA GILBRIDE Notary P--blic, State of New Yb* Reg. No. OIG15087374_ Qualified in DutchPss Coun ja tg ,... Commission Expires Nov. 3, ". SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS. NY 12590 ^-Ff 1 cl 3%.o 1 t c). -F P uk.1 1 Cc3a t...1 o n To: WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #68465 State of NEW 'FORK } } SS County of DUTCHESS } I, TINA HEATH, being duly sworn, depose and say: that I am the BOOKKEEPER of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, vias duly published in Southern Dutchess News once on 06/01./05. Sworn to before me this 8th day of .lune, 2005 ALBERT M OSTEN Notary Public, State of NEW YORK No. 14-8240760 Qualified in DUTCHESS County tly commission expires on June 15, 2007 RECEIVED JUN 14 2005 TOWN CLERK Poughkeepsie 3ournal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION 0290 State of New York County of Dutchess City of Poughkeepsie Rita Lombardi , of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned she was and still is the Principal Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the POUGHKEEPSIE JOURNAL, a newspaper printed and published every day in the year 2005 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NQTICEutas du� published in the said newspaper one— inner ion. for weeks successively, in each week, commencing on the !St. day of 2005 and thereafter, namely on: on the following dates And ending on the day of 2005 , bo days inclusive. Subscribed and sworn to before me this day of KA. V\JV �_ , 2005 Notary U INLIJ 0,S7 My commission expires LESLIE SHERADEN Notofy R01ic, State of New York Nn 01SH5018755 tj 1101fied in Dutches Co EBMM, iq,Q �xR4res -