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2004-10-12 RGMTuesday, October 12, 2004 7:30pm Wappinger Town Hall AMENDED AGENDA Call to Order Roll Call, Salute to Flag Suspension of Rules for Public Comment on Agenda Items Public Hearing: Public Hearing for Local Law for Halloween Curfew Public Hearing for Local Law for Stop Sign at Booth Boulevard Public Hearing for Local Law on Recreation Fees Discussions: Gaslands — Vince Capaletti Cablevision Franchise Agreement Castlepoint Recreation Site Well Testing Resolutions: 2004-285 Resolution Adopting Local Law for Halloween Curfew 2004-286 Resolution Adopting Local Law for Stop Signs at Booth Boulevard 2004-287 Resolution Adopting Local Law for Recreation Fees 2004-288 Resolution Authorizing Bid for 99 -2R -8E 2004-289 Resolution Authorizing Bid for 99-2R Hilltop Contract 8 Unanimous Consent: 2004-290 Resolution Calling a Public Hearing to Establish the Meadowood Drainage District 2004-291 Resolution Accepting a Performance Agreement Secured by a Letter of Credit for the Meadowood Subdivision 2004-292 Resolution Regarding Personnel Issue — EXECUTIVE SESSION New Business/Comments Executive Session Giggles v Town of Wappinger Personnel Issue Adjournment 10/12/2004.WS The Workshop Meeting of the Town of Wappinger was held on October 12, 2004 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 Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent PUBLIC HEARING: • Public Hearing for Local Law for Halloween Curfew • Public Hearing for Local Law for Stop Sign at Booth Boulevard • Public Hearing for Local Law on Recreation Fees DISCUSSIONS: • Gaslands- Vincent Capaletti---Mr. Capaletti informed the board that he purchased the property on the corner of 9 and Old Hopewell Road in the early 90's. He was aware the property was contaminated and cleaned it up according to DEC specifications. The property was intended for a used car lot. Unbeknownst to him, Zoning Laws changed from a one acre zoning to five for a used car lot. So a used car lot was out of the question. Soon, Gaslands approached him about placing a gas station on his property. The property had previously been grandfathered for a gas station. When he went before the Planning Board he was told it was no longer grandfathered for a gas station and he would have to obtain a variance. He went through the whole process and had no opposition from residents. When he came before the Zoning Board a year later, he was informed by them that they did not have the authority to vote on this variance. Years passed, and he was then made aware that the laws had changed, and now he did have the right to have a gas station. The problem with the 4; property is, its very small. It was subdivided as a gas station many years ago. Once you have been turned down for a variance, the Zoning Board does not have to hear you a second time. He then started the process all over again. Three days before he was set for a Public Hearing, Mr. Roberts called and said in further reviewing this request, he now felt the Zoning Board did not have the right to vote on this. Mr. Capaletti then filed an Article 78 and won. The court 1 10/12/2004.WS ordered the Zoning Board to vote on this matter. He then received a letter from the Town's Counsel congratulating him on his win, but was advised that the Town adopted another revision to Zoning, one which specifically prevents the Zoning Board of Appeals from granting a variance. The Town appealed this decision and lost. The Town decided to take this issue to the New York State Court of Appeals on _ this matter and lost again. He wanted a good reason why he was denied this variance. He is here tonight to get the cooperation of the Town Board in getting this variance. Discussion followed. Supervisor Ruggiero announced that Mr. Capaletti clearly has the right to make an application to the Zoning Board of Appeals for a variance. Mr. Roberts, Attorney to the Town, explained that in 1993 there were massive changes to Planning and Zoning Laws in New York State. The pre 1993 law prevented the Zoning Board of Appeals from having any jurisdictional power to overturn any Special Use Permit conditions. Mr. Capaletti's property was in a highway business zone which did authorize a gas station, subject to a Special Use Permit, with two conditions. It had to be 2500 feet from another gas station or 1000 feet from a residential zone. The first time he applied was under the old law, and he was denied because of the case history at that point in time. In 1993 the state changed it. The law made it easier to get a variance and more difficult to get a use variance. In order to get a variance, there are five enumerated areas the Zoning Board has to examine and pass upon; (a) is it a substantial variance and (b) is it self creative. He happened to be at the Zoning Board meeting when Mr. Capaletti and his attorney were present. Mr. Capaletti's attorney explained that he had some case law that would have established Mr. Capaletti's right to go forward. After losing in both courts, we analyzed it. Based on the analysis in his office, we felt the two lower courts had misconstrued. We applied for, and got permission from the court of appeals to take the appeal further. We were not permitted to appeal to the Court of Appeals. It was not Mr. Capaletti's piece of property that was being singled out. It was the issue of whether or not the Zoning Board of Appeals had the authority to vary special use JJ conditions. The Court of Appeals said he did. Now he is entitled to go back to the Zoning Board and apply for the variance. He must still meet the criteria in order to get the variance. The only other alternative was getting a zoning change. In order to accomplish that, there would have to be an amendment to the Town's Comprehensive 2 10/12/2004.WS Plan, which is currently under review. The Town Board has no jurisdiction over the variance. The only thing they could do is send a letter of support if they agreed with it. Supervisor Ruggiero felt Mr. Capaletti made a very good case tonight by coming in directly and speaking to the Board He informed Mr. Capaletti that the Town Board and the Attorney would meet to try to come up with a solution on this matter and get back to him. • Cablevision Franchise Renewal Agreement—Supervisor Ruggiero announced that the Town Board held a Public Hearing. The Board was in agreement with the Franchise. The Town Board ratified it. He was authorized to signed it. He sent it back to Cablevision, and they returned it back to him. They do not want to sign the Franchise Agreement because they wish to add a clause to the agreement that would reopen negotiations to propose different ideas anytime they feel necessary. Today we have a good number of households in the Town of Wappinger that have Direct TV. We could sign this contract and they could come back to us and say there are too many people who have Direct TV and we are paying a franchise fee to the Town which puts us at a disadvantage. Rumor has it that they may be bought out by another company. They cannot sell unless they have all the agreements. Discussion followed. • Castlepoint Recreation Site Well Testing—Jay Paggi, Engineer to the Town gave a brief presentation on the quarterly results received from Conrad Geoscience Corp. for the Castlepoint Recreation Site Well. The report noted that the well that serves the bathroom facilities at the site indicated a high lead level of .120 ppm. The park has been closed since October 1St and the samples were taken in the middle of July. It was recommended not to keep the well in use over the winter and in the spring take a sample directly from the well and not from the plumbing fixture itself. RESOLUTION NO. 2004-285 RESOLUTION AUTHORIZING THE ADOPTION OF A LOCAL LAW ENTITLED "LOCAL LAW NO. #13 OF THE YEAR 2004, CURFEW" The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. #13 of 2004, Curfew" for consideration of adoption by the Town Board; and 3 10/12/2004.WS WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town; and WHEREAS, a Public Hearing was held on September 27, 2004 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. #13 of 2004, Curfew", 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 and 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. 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 Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 286-2004 RESOLUTION ADOPTING LOCAL LAW NO. #14 OF THE YEAR 2004, DESIGNATING A STOP INTERSECTION ALONG BOOTH BOULEVARD The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. #14 4 10/12/2004.WS of the Year 2004, Designating a Stop Intersection Along Booth Boulevard" 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 October 12, 2004 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. #14 of the Year 2004, Designating a Stop Intersection Along Booth Boulevard", 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. #14 of the Year 2004". The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye K Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-287 5 10/12/2004.W S RESOLUTION AUTHORIZING THE ADOPTION OF A LOCAL LAW ENTITLED "LOCAL LAW NO. #15 OF THE YEAR 2004, AMENDING §122-16.L(2) OF THE TOWN OF WAPPINGER CODE TO INCREASE THE SUBDIVISION RECREATION FEE CONTAINED THEREIN" The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. #15 of the Year 2004, Amending §122-16.L(2) of the Town of Wappinger Code to Increase the Subdivision Recreation Fee Contained Therein" 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 October 12, 2004 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, 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; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to environmental review; 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; 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. 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 of the Town of Wappinger hereby adopts the Local Law entitled "Local Law No. #15 of the Year 2004, Amending §122-16.L(2) of the Town of Wappinger Code to Increase the Subdivision Recreation Fee Contained Therein", 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 shall file the Local Law with the Secretary of State of New York as provided by law. D 10/12/2004.WS 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 Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-288 RESOLUTION AWARDING BID FOR WAPPINGER PARK WATER IMPROVEMENT CONTRACT NO. 99 -2R -8E The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, bids were opened on September 21, 2004, and reviewed by Gloria Morse, Town Clerk of the Town of Wappinger for the Proposed Wappinger Park Water Improvement Contract No 99 -2R -8E; and WHEREAS, bid were received as follows: Pantel Construction Corp. $106,000 Sausto Contracting, Inc. $120,000 P&D Electric $125,000 Mesuda Electric, Inc. $154,400 WHEREAS Joseph Stankavage, of Paggi, Martin and DelBene, has provided an award recommendation to the Town Board. 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 Contract for the Wappinger Park Water Improvement Contract No. 99 -2R -8E is hereby awarded to Pantel Contracting Corp. for an amount not to exceed One Hundred, Six Thousand Dollars ($106,000.00) in accordance with the award recommendation letter dated September 21, 2004 from Joseph Stankavage of Paggi, Martin and DelBene, to the Town Board. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said Contract on behalf of the Town of Wappinger. 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 Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-289 RESOLUTION AUTHORIZING BID FOR HILLTOP WELLFIELD IMPROVEMENTS CONTRACT NO. 99-2R-8 7 10/12/2004.WS The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, the Town of Wappinger Town Board has received the following bids for Contract No. 99-211-8. Tensco Contruction Co., LLC $589,940.00 Grant Street Construction, Inc. $611,885.00 Nenni Equipment Corp. $655,655.00 WHEREAS, Joseph Stankavage, of Paggi, Martin & DelBene solicited bids for Contract No. 99-2R-8; and WHEREAS, bids were received and reviewed by Joseph Stankavage of Paggi, Martin and DelBene WHEREAS, Joseph Stankavage, of Paggi, Martin and DelBene has provided award recommendation to the Town Board in a letter dated September 21, 2004 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 Contract for the Hilltop Wellfield Improvements Contract No. 99- 2R-8 is hereby awarded to Tensco Construction, Inc., for an amount not to exceed Five Hundred Eighty Nine Thousand, Nine Hundred Forty dollars ($589,940.00) in accordance with the award letter dated September 21, 2004 from Joseph Stankavage of Paggi, Martin and DelBene, to the Town Board. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said contract on behalf of the Town of Wappinger. 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 Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted UNANIMOUS CONSENT Councilman Paoloni moved to place Resolutions 290, 291, and 292 on tonight's Agenda, seconded by Councilwoman McCarthy and unanimously carried RESOLUTION NO. 2004-290 ORDER CALLING PUBLIC HEARING ON THE ESTABLISHMENT OF THE MEADOWOOD DRAINAGE DISTRICT 10/12/2004.WS The following Order was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the written Petition of Meadowood Development Corp. dated June 16, 2004, executed by Steven Domber, an officer of the Meadowood Development Corp., has been presented to and filed with the Town Board of the Town of Wappinger, New York requesting the approval of a drainage district to be known as the "MEADOWOOD DRAINAGE DISTRICT", which is more particularly described in the attached Map, Plan and Report for the Meadowood Subdivision dated May 24, 2004, prepared by Paggi, Martin & Del Bene, LLP, filed in the office of the Town Clerk; and WHEREAS, Meadowood Development Corp. is the owner of 100% of the property contained in the proposed drainage district; and WHEREAS, the properties to be included within the MEADOWOOD DRAINAGE DISTRICT consist of those properties described in Exhibit "A" attached hereto and hereby incorporated herein; and WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the Meadowood Subdivision Stormwater Maintenance District", dated May 24, 2004 and relating to the establishment of the proposed drainage district, was prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of the State of New York; and WHEREAS, the aforementioned Map, Plan and Report, has been duly filed with the Town Clerk, and has been prepared in a manner and in such detail that this Town Board has determined that said Map, Plan and Report is in accordance with the requirements of Article 12 of the Town Law; and WHEREAS, the improvements proposed consist of the construction and maintenance of a drainage system to serve the properties within said district in accordance with certain plans incorporated in the Map, Plan and Report and which is hereby approved and adopted by this Town Board and is now on file in the office of the Town Clerk; and WHEREAS, the Petitioner, Meadowood Development Corp., shall construct said drainage system at its own expense and upon completion to transfer said drainage system to the Town of Wappinger and/or the Meadowood Drainage District, without any cost to the Town, and all costs and expenses occasioned by the creation of this District shall be borne by the Petitioner, Meadowood Development Corp.; and WHEREAS, Meadowood Development Corp. shall install all improvements referenced in the Map, Plan & Report and dedicate same to the District upon completion thereof; and z 10/12/2004.WS WHEREAS, the improvements to be constructed for the MEADOWOOD DRAINAGE DISTRICT shall consist of 39 catch basins, 3,758 L.F. of piping, 2 ponds, existing and proposed streams and swales, 7 existing and 1 proposed wetland areas, rip -rap inlet and outlet protection and 5 culverts as set forth in the Map, Plan & Report; and WHEREAS, the maintenance of all drainage easements and incidental improvements and expenses in connection therewith is more fully described in the Map, Plan and Report hereinbefore described; and WHEREAS, following the aforementioned Petitioner's construction and dedication of the improvements to the Town, the cost of and for maintaining the District shall be assessed, levied, and collected from the several lots and parcels of land within said district in proportion as may be to the benefit which each lot and parcel of land in said district will derive therefrom as set forth in the Map, Plan & Report; and WHEREAS, the Map, Plan and Report, including an estimate of costs has been prepared in such manner and in such detail as has theretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the establishment of the proposed Drainage District of the Town of Wappinger, Dutchess County, New York, to be known as the MEADOWOOD DRAINAGE DISTRICT; and WHEREAS, the maximum estimated cost of said improvements to the Town is $0; and WHEREAS, there are no hook-up fees proposed to the typical property in the MEADOWOOD DRAINAGE DISTRICT; and WHEREAS, the estimated cost of the MEADOWOOD DRAINAGE DISTRICT for the first year budget will be approximately $6,435.00, resulting in a cost to the typical property therein, equally divided among thirty nine (39) lots, of One Hundred and Sixty Five Dollars ($165) per lot; and WHEREAS, a detailed explanation of the manner by which the computations for the estimated first-year costs to the typical property in the MEADOWOOD DRAINAGE DISTRICT is contained within the aforesaid Map, Plan and Report which has been filed in the office of the Town Clerk where the same is available during regular office hours for examination by any person interested in the subject manner thereof; and WHEREAS, the Town Board determines that the creation of this Drainage District is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger, and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review 10 10/12/2004.WS pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Park 617; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of the MEADOWOOD DRAINAGE DISTRICT, all pursuant to §209-d of the Town Law. NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. Public Hearing. The Town Board hereby determines that a meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in said Town, on the 25th day of October, 2004 at 7:30 P.M., prevailing time, for the purpose of holding a Public Hearing to consider the establishment of the MEADOWOOD DRAINAGE DISTRICT described in the preambles hereof and to consider the Map, Plan and Report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or as shall be proper in the premises. 3. Posting. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to Subdivision 6 of Section 30 of the Town Law and to send, by first class mail, a copy thereof to each owner of taxable real property within the proposed MEADOWOOD DRAINAGE DISTRICT, as shown upon the latest completed assessment role of the Town, each not less than ten nor more than twenty days before the day set for the hearing as aforesaid. 4. This Order shall take effect immediately. The Order was thereupon declared duly adopted. 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 Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Order was thereupon declared duly adopted 11 10/12/2004.WS EXHIBIT "A" The proposed District shall consist of all lots subdivided from the parcel identified by Tax Parcel No. 19-6257-04-863284-00 and also known as Parcel 1 of the Meadowood Subdivision, said parcel being bound by Old Hopewell Road (County Route 28) to the north and All Angels Hill Road (County Route 94) to the east. The District shall include all easements and streets dedicated to the Town that are within the subdivision limits. The total area of the District is 99.03+ acres. RESOLUTION NO. 2004- 291 RESOLUTION ACCEPTING A PERFORMANCE AGREEMENT SECURED BY A LETTER OF CREDIT FOR THE MEADOWOOD SUBDIVISION The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, Meadowood Development corp., by its President, Steven Domber has made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in Subdivision Map entitled "Section 1, Parcel 1, Meadowood Subdivision" prepared by Lawrence J. Paggi dated March 11, 1999, last revised July 19, 2004; and WHEREAS, the Town of Wappinger Planning Board granted final conditional subdivision approval, by Resolution dated November 17, 2003 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 Contract drawings, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning code, Highway Specifications, and Rules and Regulation of the Town: and WHEREAS, Town Law §277 requires that a developer of a subdivision guaranty the construction, installation, and dedication of the improvements required by the Resolution of Subdivision approval prior to issuance of any building permits and in accordance therewith, Meadowood Development Corp. has tendered to the Town of Wappinger a Performance Agreement secured by a letter of Credit in the principal amount of $908,200.00 in favor of the Town of Wappinger. J, 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 Performance Agreement executed on October 7, 2004 by Meadowood Development Corp. by its President, Steven Domber, with `m 10/12/2004.WS an address at P.O. Box 37, Lagrangeville, New York 12540, as Obligor, in favor of the town of Wappinger, as Obligee, is accepted as the guaranty of completion of the construction, installation, and dedication of the improvements required by the Resolution of Subdivision approval pursuant to Town Law §277. 3. The Irrevocable Letter of Credit issued by M&T Bank bearing Number SB -906391-2000 and issued in favor of the Town of Wappinger dated October 6, 2004 in the sum of $908,200.00, securing the obligations set forth in the Performance Agreement, is hereby accepted as security for the Performance Agreement. 4. The original Performance Agreement executed on October 7, 2004 and the original Letter of Credit dated October 6, 2004 have been placed on file with the Town Clerk. 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 Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted NEW BUSINESS Councilman Valdati in regard to the correspondence received from Mr. William Verlin to Ralph Holt regarding a piece of property, "Did Mr. Holt forward that letter to your office?" Supervisor Ruggiero replied, "Yes". Supervisor Ruggiero informed Councilman Valdati that he spoke to the Mayor of Beacon and Supervisor of Fishkill regarding the Route 9 Corridor and we will be setting up a meeting shortly if you wish to attend. Councilman Bettina wished to know the status of the drainage improvements on Osborne Hill. Supervisor Ruggiero replied that the County has told us no! Mr. Paggi explained that in all fairness, they said they would look at it. We did meet with them and showed them a number of problems where Town and County roads intersect or Town properties intersect with the County road. They got back to us late this summer. Supervisor Ruggiero said he also referred this to the County Legislatures for their help, but has not followed up. He will send a letter. Part of the issue according to the County is the water from Route 9 by Greenfly Swamp is encroaching. Councilman Bettina also wished to know the status of the water line down on Osborne Hill Road. Mr. Paggi responded that we are waiting for the final contract arrangements between the Town and the Village of Fishkill. Once that is completed, we can go out to bid. 13 10/12/2004.WS The issue of speeding on 9D and Chelsea Road was also discussed Councilwoman McCarthy announced that the School Board is looking for support from the Town getting the County to help with directing traffic in the morning by Ketcham High School. Supervisor Ruggiero suggested they contact the Sheriffs Department like we do and pay them to be there. Supervisor Ruggiero explained we can support them but it alls comes down to hiring someone from the Sheriffs Department as we do. There was some discussion regarding students getting ticketed for parking on Blackthorn Loop. Councilman Valdati moved to send a letter to the Principal of Ketcham and the entire School Board in regard to illegal parking on the side road by students of Roy C. Ketcham, seconded by Councilwoman McCarthy and unanimously carried. At this time 9:32 p.m., Councilman Valdati moved to go into Executive Session to discuss a personnel issue, seconded by Councilwoman McCarthy and unanimously carried. The meeting reconvened at 9:50 p.m. with all Board Members in attendance. The following actions were taken at Executive Session. RESOLUTION NO. 2004-292 RESOLUTION AUTHORIZING LEAVE FOR ORDINARY DISABILITY The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni WHEREAS, Katherine Garrison is employed as a Secretary to the Town of Wappinger Highway Department; and WHEREAS, Katherine Garrison has been absent from work since May 20, 2004 due to a non -work related injury/illness; and WHEREAS, Katherine Garrison, by letter dated September 23, 2004, has indicated that she is unable to return to work at the present time. A copy of said letter is attached hereto as Schedule "A". 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. Katherine Garrison is hereby placed on leave of absence retroactive to August 21, 2004. 3. Pursuant to the authority in §72 of the Civil Service Law, Katherine Garrison is hereby directed to attend a medical examination by a physician recommended by the Dutchess County Personnel Department at Riverfront Medical Services, P.C. to assess whether she has the ability to perform the essential duties of her position and is able to return to work. 14 10/12/2004.WS 4. Supervisor Joseph Ruggiero is further directed to provide Katherine Garrison written notice of this Resolution and the reasons why she has been placed on a leave of absence. 5. Supervisor Joseph Ruggiero is further directed to provide Katherine Garrison written notice of the date, time and place of the medical examination recommended by the Dutchess County Personnel Department at Riverfront Medical Services, P.C. 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 Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted At this time, 9:51 p.m. Councilman Valdati moved to go back into Executive Session to discuss Inter -City seconded by Councilman Bettina and unanimously carried. The Board reconvened at 9:55 p.m. with all Board Members in attendance. Councilman Bettina moved to close the meeting, seconded by Councilman Valdati and unanimously carried. The meeting adjourned at 9:56 p.m. Gloria J. orse Town erk 15 Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to rile a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. of_ Wappinger------------------------------------------------------------------------ Town Local Law No. --------- it 13---------------------- of the year 20 ---- r.r. entitled "Local Taw RQr--113--of __the.-Year-2Or14-,--Cur-fEw!-------------------- Alocal law ----------------------------- ------ (1--i Tide) — ---------------- — -------------------------------------------------------------------------------------------------------------- ------------------- ----------------------------------------------------------------- Town Board ------------------------------ of the Be it enacted by the ----------------------------------------------------------- (Nam� �1,c8smi6,cEoa�9 y of ...... Wappinger----------------------------------- -------------------------- ------ as follows: Town V$? W TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) �1) DOS 239 (Rev. 11/99) LOCAL LAW NO. # 13_ OF 2004 TOWN OF WAPPINGER A Local Law entitled "Local Law No# 13 of 2004, Curfew". 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. # 13 of 2004, entitled "Local Law No. it 13 of 2004, Curfew" and by the adoption hereof shall create and add Chapter 105 to the Code of the Town of Wappinger. follows: Section II• The Town hereby adopts a new Chapter 105 to the Code of the Town of Wappinger to read as "CHAPTER 105 CURFEW § 105-1. Title. This chapter shall be entitled "Curfew". § 105-2. Legislative Intent and Purpose. The legislative intent and purpose of this Local Law is to adopt a new Chapter in the Town of Wappinger Code to establish a Halloween curfew to control various activities of minors under the age of eighteen (18) on Halloween and the day before Halloween. It has been reported to the various members of the Town Board that a number of neighborhoods are having frequent and/ or repeated instances of loud noise, loitering, vandalism and boisterous conduct caused by the gathering of both residents and non-residents as a result of Halloween celebrations. The Town Board highly values the health, safety and general welfare of its minors and the Town has a vested interest in preserving and nurturing this valuable investment. The Town Board determines that the physical and psychological well-being of our minors is threatened by the increasing influence of criminal activities and occurrences of criminal activities, boisterous conduct and vandalism during the Halloween holiday. The Town Board further determines that minors are particularly susceptible to be victimized and abused on Halloween in CADocaarxM and Sditap\Viuit.WAPPINGER\L.(cal SdImplTmgxra y h9wid Files)OLMTocal Law.doc public places during the late night and early morning hours and that persons under the age of 18 years are susceptible to participating in unlawful activities during the Halloween holiday and be victims of older perpetrators of crime by their lack of maturity, experience and vulnerability. The Town Board further determines that parental responsibility and supervision must be encouraged and promoted and accordingly the Town Board finds that reasonable regulations determining the hours of which minors under the age of 18 may be in or upon public street, parks or other public places during the Halloween holiday will protect the juveniles of this municipality and reinforce parental responsibility and authority. The Town Board further determines that the darkness of late night and early morning hours on the Holiday make it more difficult for law enforcement officers to prevent and solve certain types of crimes, including the making of graffiti, malicious mischief, vandalism and acts of violence perpetrated by juveniles. The Town Board has therefore determined that in order to protect the public health, safety, general welfare, peace and public order of the residents of the Town of Wappinger, it has become necessary to restrict the activities of minors between 9:00 p.m' to 4:00 a.m. on the following day on October 30 and October 31 in order to help maintain the public peace and order within public places and residential neighborhoods. It is not the intent of this Chapter to amend any other Chapter of the Town Code. § 105-3. Hours of Restricted Activity. During the evening hours of October 30 and October 31 between the hours of 9:00 p.m. to 4:00 a.m. on the following day, it shall be unlawful for any minor to congregate, loiter, wander, remain or play in or upon any public place, public park, public area, street, road or highway in the Town, subject to the exceptions set forth in this Chapter. The terms remain and loiter mean: (1) linger or stay, or (2) fail to leave premises when requested to do so by a police officer, owner, operator or other person in control of the premises. 6m Minor means any person under the age of eighteen (18) years of age. § 105-4. Parental Responsibility. Subject to the exceptions set forth in this Chapter, it shall be unlawful for the parent or legal guardian of any minor under the age of eighteen (18) years of age, to knowingly or negligently by insufficient control, allow such minor to congregate, loiter, wander or play, in or upon any public place in the Town of Wappinger between the hours of 9:00 p.m. to 4:00 a.m. on the following day on October 30 and October 31. §105-5. Exceptions. C:\Duaunex" and SdfiV\Virwa-d.WAPFINGGRToW SeUingsffm4 ay Wand Files\OLK4Tocal Law.doc Exceptions shall be as follows: A. When a minor is accompanied by his or her parent or legal guardian. B. When the minor is accompanied by an adult authorized by the parent or legal guardian of the minor. C. When the minor is on the sidewalk abutting the minor's residence, or is on firM the sidewalk or the area abutting either next door neighbor, which neighbor has not communicated an objection to the police department or an officer thereof D. When the minor is traveling in a direct route to his or her residence from employment and carries a signed statement from the employer briefly identifying the minor, the address of the minor's address, the address of the minor's place of employment, the name and title of the minor's employer who signed the statement and minor's hours of employment. E. When the minor is traveling in a direct route to his or her residence from an adult supervised or adult sponsored religious, school, civic, not-for-profit, recreational or entertainment activity. F. When the minor is in a motor vehicle with parental or legal guardian consent for normal travel; interstate travel beginning or ending in the Town of Wappinger is excepted. G. When the minor is upon an emergency errand. H. When the minor is attending or traveling in a direct route to and from an activity involving the exercise of First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly. Such minor shall evidence the intention of such exercise by exhibiting to Town Enforcement Officials a written statement signed by such minor and countersigned by a parent or legal guardian of such minor, with their home address and telephone number, specifying when, where and in what manner said minor will be in a public place at night (during the hours when this Chapter is otherwise applicable to said minor) in the exercise of a First Amendment right specified in such statement. § 105-6. Enforcement; Penalties. C.Documents and SzUing\Vu=tWAPPINGERTocal ScWnp\TmVwary hdawt FdegOLK4U"A Law doe A. This Chapter shall be enforced by all Town of Wappinger Enforcement Officers as defined in Chapter 115 of the Wappinger Town Code, including any police officer, Dutchess County Deputy Sheriff and any other person so authorized by Resolution of the Town Board. B. Any person who or which violates any provision of this Chapter or any lawful order made pursuant to this Chapter shall be subject to the payment of a civil fine. Such persons shall include, but not be limited to, the minor(s) who violate this Chapter and their respective parent(s) and/or legal guardian(s). For a first violation, the amount of said fine shall not exceed $100, and for a second and each subsequent violation, said fine shall not exceed $250 per violation. Each day that a violation continues shall constitute a separate and distinct violation. C. The enforcement officer may, in his/ her discretion, issue a warning notice for a first violation." Section III: 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 that this Local Law would have been 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 IV: Effective Date. CAloamienis and SetlingiW"=IWAPPINGERT"SeUinn \Tempixwy htmid Pilct;ULK4U.ocal Law.doc This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. C:\Doaunar& and ScUmp\Vi "-MWAPPINGERV-ocal Settings\Tanpaary Intemet FileARK41.ocal Law.doc (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed liereto, designated as local law No. ------ IL3------------------------ of 20__0-4- )( )( of the Town � of-----�]appznge--------------------------------------------- was duly passed by the ----------snrm-guard______________________ on Oc1=,__12______ 20 -04, in accordance with the applicable provisions of law. (Nance of LegiJolive Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20------ of the (Count y)( Cit y)(Town )(Village) of -------------------------------- - - --- ------------------_--_- was duly passed by the ---------------------- _____________ on ------------------ 20 --- , and was (approved)(not approved)(repassed after (Name afLegislaliveBody) disapproval by the -------------------------------------------------- and was deemed duly adopted on ------------------ 20---- , (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) _ of 20------ I hereby certify that the local law annexed hereto, designated as local law No. --------------------------- ------- ( y)( . y)( )( g) _ _ _ of the Count Cit Town Villa e of ------------------------- ----------------------- --- -- -'-" -- _ was duly passed by the on ------------------ 20---- , and was (approved)(not approved) (repassed after (Name of Legislative Body) disapproval) by the ------------------- on------------------- 20---- • Such local law was submitted (Eleciive Chief Executive officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on ---.-------- accordance with the applicable provisions of law.. cirri 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. -------------------------------- --- of 20------ of the (Count y)(Cit y)(Town )(Villa ge) of -------------------------------------------' _-'- _'-- _-- _"--- _--_ was duly passed by the _______________________ on ---------------- 20____ , and was (approved)(not approved)(repassed after (Name afLegislative Body) disapproval) by the --------------------------- _______________________ on ------------------ 20 --- • Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 20 --- , in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local ]am, concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated ha ing been submitted lto referendum pursuant to the Provisions of -- of the City of ---------------------------------- section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority oft e at the (special)(general) election held on----------------- — qualified electors of such city voting thereon became operative. (County local law concerning adoption of Charter.) by _ of 20------ as cal law No - erecertify that the local law annexed hereto, designatedState of New York, having been submitted to the electors the County of ---------------------------------------------- --- 2pursuant to subdivisions 5 and 7 of section 33 of the at the General Election of November ---------------------- affrma Municipal Horne Rule Law, and having received The Pied electors of the towntivt vote of a s of srity � d coucit- Municipal considered as a unit les of said county as a unit and a majority of theq voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) office the I further certify that I have compared the preceding local law incl lowith cal law, and wasal on efin lIn ly adopted in thet anneri n - is a correct transcript therefrom and of the whole of such original dicated in paragraph ----I---- - ,above. .J"%' , v 2 Q -i///. (Seal) Clerk of tU Cuunty legislative Uof1�, L'�ity, To or Village Clerk or officer designated by local heg slative body GLL)K J A MORSE,_f Own Clerk Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or `her authorized attorney of locality.) SATE OF NEW YORK COUNTY OF lutchAss iedhereby certify that the foregoing local law contains the correct text and that all proper proceedings I, the undersgn, have been bad or taken for the enactment of the 1 Attorne to the Town-AlbeTt Title GAPC of Wappinger Town Date: (3) TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL LAW OF YEAR 2004 ENTITLED "CURFEW" STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) AFFIDAVIT OF POSTING GLORIA J. MORSE, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 29, 2004, your deponent posted a copy of the attached notice of Public Hearing on the proposed Local Law of 2004, Entitled, "Curfew" 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. Sworn to before me they day of `--, 2004 NTOTARY PUBLIC 'Down of Wappinger MARIA GILBRIDE Notary PublicState of New Yolk 4' Reg. No. O1GI5081374 Qualified in DOOM County Commission Expires Nov. 3, 2XI 0290 Poughkeepsie Journal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 12th day of October, 2004 at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, — Wappingers Falls, New York, at which time all parties in interest and citi- zens shall have an oppor- tunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed Lo- cal Law, entitled "Local Law No. _ of 2004, Cur- few." PLEASE TAKE FURTHER NOTICE that the purpose and intent of the proposed Local Law is to regulate the activities of minors under the age of eighteen (16) years between the hours of 9:00 p.m. and 4:00 a.m. on the following day on October 30 and October 31, in each year, within the Town of Wap- pinger. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to 6 NYCRR 617.5 and Section 117 of the Code of the Town of Wappinger at the pro- posed adoption of the aforementioned Local Law is a Type II action not re- quired an environmental review pursuant to New York State Environmental Quality Review Act (SE- QRA) or pursuant to Chap- ter 117 of the Code of the Town of Wappinger and, accordingly, no environ- mental review has been undertaken. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law _ of the Year 2004 are avail- able for review and in- spection at the Office of the Town Clerk onweek- days from 9:00 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: September 13, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA MORSE,. TOWN CLERK 7934 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 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICF_ was duly published in the said newspaper one insertion for -weeks successively, in each week, commencing on the 29th• day of 2004 and on the following dates thereafter, namely on: And ending on the day of 2004 both days inclusive. Subscribe and sworn to before me this 36 day of '2004 _ Notary Public My commission expires It �S LESLIE SHERADEN Notary Public, State of New York No 01 SH501 8755 Qualified in Dutcle-s o ntY Comrrmission E=xpires _ �__ SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST tIAIN STREET WAPPINGERS FALLS, NY 12590 oc%ff 3aav1t C> -F P""b1 iLca-t1c>" To: WAPPINGERS FALLS, TOWN P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #65028 State of NEW YORK } } Ss: County of DUTCHESS } I, TINA HEATH, being duly sworn, depose and say: that I am the BOOKKEEPER of Southern Dut.chess 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, was duly published in Southern Dutchess News once on 09/29/04. Sworn to before me this 5th day of October, 2004 ALBERT M OSTEN Notary Public, State of NEW YORK No. 14--8240760 Qualified in DUTCHESS County My commission expires on June 15, 2007 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY G4VEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 12th day of Octo- ber, 2004, at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed Local Law entitled "Local Law No. __of 2004, Curfew" PLEASE TAKE FURTHER NO- TICE that the purpose and intent of the proposed Local Law is to regu- late the activities of minors under the age of eighteen (18) years be- tween the hours of 9:00 p.m. and 4:00 a.m. on the following day on October 30 and October 31, in each year, within the Town of Wappinger. PLEASE TAKE FURTHER NO- TICE that the Town Board has de. termined that pursuant to 6 NYCRR 617.5 and Section 117 of the Code of the Town of Wappinger at the Proposed adoption of the aforemen- tioned Local Law is a Type II action not requiring an environmental re- view pursuant to New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger, and, accordingly, no en- vironmental review has been un- dertaken. PLEASE TAKE FURTHER NO- TICE that copies of the proposed Local Law No. _ of the Year 2004 are available for review and in- spection at the Office of the Town Clerk on weekdays from 9 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: September 13, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA J. MORSE, Town Clerk 1 0 soca. Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12.231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. X WAPP-INGER---------------------------------------= =----- Town MW Local Law No. --- -=------- A14 ------------------- of the year 2004-- Alocal law --------D--ESIGNATING - A --STOP-SIGN- -INTERSECTIQN--ALONG.-B00111--ROi1LEVARD---- ------------------------ (1--1 Till,) Be it enacted by the - -- TOWN BOA-----M--------------------------------------------------------- - -- of the (Name olLegislalive Budp) _ of-----------VIARINGEE---------------------------------------------------------------- as follows: Town TEXT COMMENCES ON NEXT PAGE If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) (1) LOCAL LAW NO. #14 OF THE YEAR 2004 A Local Law entitled "Local Law No. ILL4— of the Year 2004, Designating a Stop h7tersection Along Booth Boulevard." 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. #14 of the Year 2004, Designating a Stop Intersection Along Booth Boulevard", 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 August 4, 2004, attached hereto marked and designated Exhibit "A", has recommended that the Town of Wappinger install a "stop sign" and establish a frill stop intersection at Booth Boulevard at its westbound intersection with Booth Boulevard. Based upon the recommendation of Town Engineer, Joseph E. Paggi, Jr., 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 Vehicles and Traffic Code §230-43 "Schedule IX: Stop Intersections" to designate the intersection along Booth Boulevard at its westbound intersection with Booth Boulevard 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 frill stop intersections: Direction "Stop Sign on of Travel At Intersection of Booth Boulevard West Booth Boulevard." CADocurnents and Settings\Gina.WAPPTNGER\Local Settings\Temporary Internet PilesMKIMLocal Law.doc 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 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. CADocuments and Settings\Gina.WAPPINGER\Local Settings\Temporary Internet Files\OLKIA\Local Law.doc (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. ------J114----------------------- of 20x4 -- of the ( XMnDq)(Town)(XWJ of --- I�PINGEI---------------------------------------------- was duly passed by the TO ____B ___RD_________________________ on _aCTDBE&_-1.2 20 -04, in accordance with the applicable provisions of law. (Nance ofLegiilari Pv Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(CI ty)(Town)(Village) of----------------------------------------------------------------- was duly passed by the ----------------------------------------------- on ------------------ 20 ___ , and was (approved)(not approved)(repassed after (Nance cf Legulaiive Body) disapproval) by the -------------------------------------------------- and was deemed duly adopted on ------------------ 20----, (Elective Chief Execulive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(Village) of---------------------------------------------------------------- was duly passed by the ___________________________________________________ on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name cfLegislaiive Body) disapproval) by the ------------------------------------------------- on------------------- 20---- . Such local law was submitted (Elective Chief Exe"6i Officer*) to the people by reason of a (ma ndatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on------------------ 20L--- , in accordance with the applicable provisions of law. �r 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20_____ - of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the ---------------------------------------------------- on ------------------ 20____ , and was (approved)(not approved)(repassed after (Name of Legislative Body!) disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to (Elective Chief Execulive Officer-) permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 20L___ , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) ------ of 20------ I hereby certify that the local law annexed hereto, dhaving been submitted gated as local law lto referendum pursuant to the provisions of of the City of --------------------------------------------- ---- — - -------------------- section (36)(37) of the Municipal Home Rule Law, and having receineral)' eldecltioheldon affirmative vote of a majority of 't e qualified electors of such city voting thereon at the (specral)(g became operative. (County local law concerning adoption of Charter.) _as local law No - _ _ of 20------ ereby certify that the local law annexed hereto, designated State of .New York, having been submitted to the electors the County of - -to ubdivisions 5 and 7 of section 33 of the at the General Election of November ---------------------- 20---- ° pursuant s he ative e of a majrity of the ualifie lect rs; of tb Municipal Horne Rule Law, and having received tualrfied�electors otf the towns of d co linty o d dered as a unitcit- ies of said county as a unit and a majority of the q voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law witllot al lawman o filefin in this office ed in the manner fin- is a correct transcript therefrom and of the whole of such o ga dicated in paragraph ----L------, above. a ` -'�� ���� (Seal) Clerk ofie Count�gisiative body, or officer designated by local legislai GLORIA EQI.SE, . Town C Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or ther authorized attorney of locality.) `� _ -a OF NEW YORK COUNTY OF Tlntchess Ithe undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings , have been had or taken for the enactment of th Attorney to the Town—Albert Title M�K of Wappinger Town g Date: (3) Local. Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. uwf�[ to Town °f -----------WAPPINGER------------------------------------------------------------- --------- ------- Local Law No. ---------AM---------------------- of the year 2004. --- AMENDING 122-16.L(2) of TOWN_ OF WAPaINGER__C,OA1i_Ta_INCREASE--T-II-E---- A local law - - - - - - - SUBDIVISION RECREATION_FEE -CONTAIII)aD---T �RR�----------------------- ----------------------------------O----------- Be it enacted by the ---TOWN -BOARD - _ -_ - of the - - - ---------------------------------------------------------------- (N.—afL,g; wim Bod)) May Tin of ------- WAPP ING_ZR------------- ----- as follows: ----------------------------------------------- - TEXT COMMENCES ON NEXT PAGE (if additional space is needed, attach pages the same size as this sheet, and number each.) DOS 239 (Rev. 11/99) 11� LOCAL LAW NO. # 15 OF THE YEAR 2004 A Local Law entitled "Local Law No. # 1 5 of the Year 2004, Amending § 122-16.L(2) of the Town of Wappinger Code to Increase the Subdivision Recreation Fee Contained Therein". 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.# 15 of the Year 2004, Aunending §122-16.L(2) of the Town of Wappinger Code to Increase the Subdivision Recreation Fee Contained Therein", and by the adoption thereof shall increase the subdivision recreation fee from Two Thousand Dollars ($2,000.00) per lot to Five Thousand Dollars ($5,000.00) per lot. Section II: Lef4islative Intent: The Town Board has determined that it is in the best interests of the current and future residents of the Town of Wappinger to increase the subdivision recreation fee from Two Thousand Dollars ($2,000.00) per lot to Five Thousand Dollars ($5,000.00) per lot. This detennination was made after the Town Board determined that property values, population and residential development have been consistently increasing over the last several years, and that it was necessary to undertake a study of the subdivision recreation fee currently charged by the Town to detennine whether the current subdivision recreation fee is adequate to enable the Town to purchase and improve lands suitable for meeting the Town's current and future residents' recreational needs. To accomplish that goal, the Town Board requested the firm of Frederick P. Clark & Associates to undertake a such a study. Frederick P. Clark & Associates performed such study and provided a report to the Town Board dated May 20, 2004 with its results and recommendations. After due CADocuments and Settings\GinaMAPPINGER\Local Settings\Temporary Internet Files\OLKIA\Law-Resol-Hearin g.doc Final consideration of that report, the Town Board detennined that an increase of the subdivision recreation fee from Two Thousand Dollars ($2,000.00) per lot to Five Thousand Dollars ($5,000.00) per lot was warranted and in the best interests of the Town's current and firture residents. Section III: The Town of Wappinger Code § 122-16.L(2) is hereby amended to read as follows: "Chapter 217 Subdivision of Land (2) Recreation Fee: For 1-9 lots, $5,000 per lot; For 10 or more lots, the Planning Board shall determine whether to require the reservation of land or payment of $5,000 per lot." 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 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 become effective immediately upon filing with the Secretary of State as provided by law. CADocuments and Settings\Gina.WAPPTNGER\Local Settings\Temporary Internet Files\OLKIA\Law-Resol-Hearing.doe Final (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. -------#15----------------------- of 20 -0 -4 -- of theX)( � )(Town)J%Ria) of --- WWIJ ]GER--------------------------------------------- was duly passed by the --_---- -B D ----__------------ oil --00 BIR --12 200-4-, in accordance with the applicable provisions of law. (Name of Legi,laiive Body) lit■.. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(Vi Ila ge) of----------------------------------------------------------------- was duly passed by the ----------------------------------------------- on ------------------ 20 ---, and was (approved)(not approved)(repassed after (Nance of Legislative Body) disapproval) by the -------------------------------------------------- and was deemed duly adopted on ------------------ 20----, (Elective Chief Executive Officer-) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(VilIage) of----------------------------------------------------------------- was duly passed by the --------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name af-L,gislaihe Body) _ disapproval) by the ------------------------------------------------- on------------------- 20---- . Such local law was submitted (Electiva Chief Executive Officer-) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on------------------ 20.--- , in accordance with the applicable provisions of law. rr 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the (County)(City)(Town)(Village) of-------------------------------------------------------_-------- was duly passed by the --- , and was (approved)(not approved)(repassed after (Noma oflegislatice Bode) disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to (Eleciive Chief Execu(ive Officer") permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 20L___ , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there he none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such otlicer is vested with the power to approve or veto local laws or ordinances. (2)' 5, (City local law concerning Charger revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------ of the City of ------------------------------------------- having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the l 20---- qualified electors of such city voting thereon at the (spectaT)(genera) election held on------------------- became operative. h. (County local law concerning adoption of Charter,) r, signated as local law No. ----------------------------------- of 20 hereby certify that the local law annexed hereto, de--_--- 6wf the County of ------------------------------------------ ------- State of New York, having been submitted to the electors at the General Election of November ---------------------- 20----, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph ----L------, above. w .4 (-�'/ (Seal) Clerk of the County legislative Uody, ty, Town' Village Clerk or officer designated by local legislative body / GLORIA HORSE,J TAW—J3`Clerk , Date:i (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or Aher authorized attorney of locality.) "TATE OF NEW YORK COUNTY OF I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of tl 31gi Il11G Attorney to the Town — Albert P Roberts Title of Wappinger Town WxDix-Kx Date: l`O') (3) 10/12/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on October 12, 2004, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law to increase Subdivision Recreation Fees from $2,000 per lot to $5,000 per lot. Supervisor Ruggiero opened the meeting at 8:34 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Gloria J. Morse, Town Clerk The Town Clerk offered for the record, the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and make part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any questions or comments from the audience. There were none. Councilman Paoloni moved to close the Public Hearing seconded by Councilwoman McCarthy and unanimously carried. The Public Hearing closed at 8:36 p.m. Gloria Morse Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING 122-16.L of TOWN OF WAPPINGER CODE TO INCREASE THE SUBDIVISION FEE CONTAINED THEREIN STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) GLORIA J. MORSE, being duly sworn deposed and says: AFFIDAVIT OF POSTING That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 29, 2004, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Amending 122.16L of Town of Wappinger Code to Increase the Subdivision Fee contained therein, on the signboard 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. Sworn to before me the ay of 1eh iA--"2004 NOTARY PWLIC I GLORIA J. SE' Town Clerk Town of Wappinger MARIA. GILBRIDE Notary P-Iok, State of New York Reg No.01G15CB7374 Qualls ed in DutcnPss County Commission Expires Nov. 3,— �SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 C> 1F Fp"I=>13cation To. WAPPINGERS FALLS, TOWN Ilri P.O. BOX 324 WAPPINGERS FALLS, NY 12590 Re- Legal notice #65030 State of NEW YORK } } SS" County of DUTCHESS } I, TINA HEATH, being duly sworn, depose and say. that I ani 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, was duly published in Southern Dutchess News once on 09/29:04. Sworn to before me this 5th day of October, 2004 ALBERT M OSTEN bow No. Public, State of NEW YORK hdo . 14-8240760 Qualified in DUTCHESS County Ply commission expires on June 15, 2007 0 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 12th day of Octo- ber, 2004, at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed Local Law entitled "Local Law No. ___of the Year 2004, Amending §122-i6.L(2) of the Town of Wappinger Code to Increase the Subdivision Recreation Fee Con- tained Therein" and by the adoption 'hereof shall increase the subdivi- sion recreation fee from Two Thou- sand Dollars ($2,000.00) to Five Thousand Dollars ($5,000.00). PLEASE TAKE FURTHER NO- TICE that the Town Board has de- termined that pursuant to 6 NYCRR 617.5 (c) (20) the proposed adop- tion of the aforementioned Local Law is a Type II action not requiring environmental review pursuant to the State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 and, ac- cordingly, no environmental review has been undertaken. PLEASE TAKE FURTHER NO- TICE that copies of the proposed Local Law No. _ of the Year 2004 are available for review and in- spection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: September 13, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA J. MORSE, Town Clerk Poughkeepsie Journal Poughkeepsie, NX AFFIDAVIT Of PUBLICATION NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of theTown of Wappinger will conduct a PUBLIC HEARING on the 12th day of October, 2004 at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wap- pingers Falls, New York, at which time all parties in interest and citizens shall have the opportunity to be heard whether the Town Board of the Town of Wappinger shall adopt a proposed Local Law enti- tled "Local Law No. of the Year 2004, Amending subsection 122-16.L(2) of the Town of Wappinger Code to Increase the Sub- division Recreation Fee Contained Therein"and by adoption thereof shall increase the subdivision recreation fee from' Two Thousand Dollars ($2,000.00) to Five Thou- sand Dollars ($5,000.00). PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to 6 NYCRR 617.5 (c) (20) the proposed adoption of the aforemen- tioned Local Law is a Type action not requiring en- vironmental review purensu- ant to the State Environ- mental Quality Review (SEQRA) or pursuant to Local Law No. 6 of 1992 and, accordingly, no envi- ronmental review has been undertaken. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No. of the Year 2004 are avail- able for review and inspec- tion at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middle - bush Road, Wappingers Falls, New York. Dated: September 13, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA J, MORSE, TOWN CLERK 7935 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 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICV, was duly published in the said newspaper one insertion for -wee ks successively, in each week, commencing on the 29th- day of 2004_ and on the following dates thereafter, namely on: And ending on the day of 2004 both days inclusive. �f /Subscrilied and s om to before me this( day of j 2004 I N tory Public My commission expires � I _! 0 S, LESLIE SHERADEN Notary Public, State of New York No i.)1SH5018755 Qualified in Du[ches � n� qy ,Ly r-- Cotnmission Expires '����___._ 10/12/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on October 12, 2004, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law for the consideration of Stop Signs on Booth Boulevard. Supervisor Ruggiero opened the meeting at 8:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Gloria J. Morse, Town Clerk The Town Clerk offered for the record, the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and make part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any questions or comments from the audience. Mr. Weeks of 28 Booth Boulevard was in favor of the Stop Signs but felt there should be at least two more speed signs. He felt the placement of signs was also very important. There were no more comments or questions from the audience Councilman Bettina moved to close the Public Hearing, seconded by Councilwoman McCarthy and unanimously carried. The Public Hearing closed at 8:32 p.m. Gloria �. Mo se Town- Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON LOCAL LAW DESIGNATING A STOP INTERSECTION ALONG BOOTH BOULEVARD STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) AFFIDAVIT OF POSTING GLORIA J. MORSE, being duly sworn deposed and says: That she is duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on September 29, 2004 your deponent posted a copy of the attached notice of Public Hearing on the proposed Local Law Designating a Stop Intersection along Booth Boulevard 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. Sworn to before /me � 'the :W ay of IrL '2004 NOTAR UBLIC I - ��� �X' 41-L Jwzoe 42Z C GLORIA J. O Town Cle 7 Town of Wappinger MARIA GILBRIDE Notary P-blic, State of New York Reg, No. OIGI5087374 Qualified in Dutchess Counttyy Commission Expires Nov. 3, s.r Poughkeepsie Journal Poughkeepsie, N.Y. 0290 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappint a PUBLICHEARING on er will ICthe 12th day of October, 2004 at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citi. zens shall have an oppor- tunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed Lo- cal Law entitled "Local Law No. of the Year 2004. Designating a Stop ntersection Along Booth 3oulevard." 'LEASE TAKE FURTHER 40TICE that the purpose and intent of the proposed Local Law is to amend the Town's Vehicles and Tra- ffic Code by installing a "stop sign" and establish- ing a full stop intersection at Booth Boulevard at its westbound intersection with Booth Boulevard as it loops into itself. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to 6 NYCRR 1 617.5 (c) (20) the proposed adoption of the aforemen- tioned Local Law is a Type II action not requiring en- vironmental review pursu- ant to the State Environ- mental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 and, accordingly, no envi- ronmental review has been undertaken. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No. of the Year 2004 are avail- able for review and in- spection at the Office of the Town Clerk on week- days from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: September 13, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA J. MORSE, TOWN CLERK 6739 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 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper one insertion for weeks successively, in each week, commencing on the 29th. day of 2004 and on the following dates thereafter, namely on: And ending on the day of 20 4 both days inclusive. Subscribkd�and corn to before me this day of ` , ' Nota IPublic My commissionf expires tc) L1I as LESLIE SHERADEN Notary Public, State of New York No 01SH5018755 Qualified in Dutchess o my Commission expires _ SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 A -F -F z ciav- i t C> -F Pub 1 3 4---a-t S o n To: WAPPINGERS FALLS, TOWN P.O" BOX 324 WAPPINGERS FALLS, NY 12590 Re. Legal notice #6>5029 State of NEW YORK i } SS County of DUTCHESS } NOTICE OF PUBLIC HEARING I, TINA HEATH, being duly sworn, depose and p TOWSHEREBN OF GIVER NOTICE IS HEREBY GIVEN that say: that I am the BOOKKEEPER of Southern the Town Board of the Town of Dutchess News, a weekly newspaper of general Wappinger will conduct a PUBLIC HEARING onthe l2thday ofOclo- circulation published in WAPPINGERS FALLS, ber, 2004, at 7:30 p.m. at the Town Hall, Town of Wappinger, 20 County of DUTCHES S ,11 State of NEW YORK; and Middlebush Road, Wappingers Falls, New York, at which time all o wIl that a n o t i c e f i c e annexe h .thd i s a parties in interest and citizens shall r have an opportunity lobe heard as Printed copy, was duly published in Southern townofWhether lheTownBalladopta Town of Wappinger shall adopt a Dutchess News once on 09/29/04. LawNOedLoc lLawear20entitled "Local "LocDesl a Stop Intersection Along Booth Boulevard' PLEASE TAKE FURTHER NO- TICE that the purpose and intent of the proposed Local Law is to amend the Town's Vehicles and Traffic Code by installing a "stop sign" end Sworn to before me this 5th day of October, 2004 full stopts intersection � at Booth Bo evardatia at Booth Boulevard at its westbound intersection with Booth Boulevard as it loops into itself. PLEASE TAKE FURTHER NO- TICE that the Town Board has de - ALBERT M OSTEN terminedthat pursuant to6NYCRR . Notary Public, State of NEW YORK 617.5 (c) (20) the proposed adop- tion fthe aforemetioedLomg Laws No. 14-8240760 ln environmental review pursuant to Qualified in DUTCHESS County the State Environmental Quality Review Act (SEQRA) or pursuant My commission expires on June 15, 2007 to Local Law No. 6 of 1992 and, ac - cordingly, no environmental review has been undertaken. PLEASE TAKE FURTHER NO- TICE that copies of the proposed Local Law No. _ of the Year 2004 are available for review and in- spection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: September 13, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA J. MORSE, Town Clerk 10/12/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on October 12, 2004, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the proposed Local Law for a Halloween Curfew. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman (arrived at 7:32 p.m.) Maureen McCarthy, Councilwoman Joseph Paoloni, Councilman Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Gloria J. Morse, Town Clerk The Town Clerk offered for the record, the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and make part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any questions or comments from the audience. Joe Swantek.of 5 Granger Place was in favor of the curfew due to high incidence of vandalism. Supervisor Ruggiero introduced Sgt. John Waterson, the coordinator of the Town of Wappinger Vandalism Patrol and we are going to beef up patrols as we do every year on Halloween throughout the Town. Sgt. Waterson will answer any questions related to that. Rose Williams of 16 Carroll Drive agreed with everything that was said, she could not believe what goes on 5-7 days before Halloween. She has witnessed first hand, the older teenagers menacing the young children. They not only get egged, they get creamed by the older kids. She has observed that the teenagers are 18-19 years, and they don't even wait until 9:00 p.m. to go out. They are getting bolder and bolder. She was so pleased to see this curfew because it has become a nightmare experience. She works and has to take two days off in order to secure her driveway. It has gotten out of hand. She knows the police are trying to do a good job because she sees them patrolling the area. Chris Hunt of 7 Alpert Drive disagrees with this law because it doesn't do anything because it says 18 and above. He has several children and has no problem. This says if you are 16 and 17 you have to come in by 9:00 p.m. You are taking the rights away from the wrong kids. He understands there are problems with certain areas. Perhaps we need 1 10/12/2004.PH parenting in those areas. There are only so many police around. There are no problems on his street. We had several problems one year, but that was it. A resident of Alpert Drive felt that at 9:00 children should be home. Perhaps the parents should be held responsible for their children's actions. He thinks the parents have lost control of their children. James Coyle of 46 Alpert Drive, said: "You want to do this for the 30th and 31st? The kids are not stupid. They will do it on October 14th or October 2nd. Are you then going to impose this across the board all year round? Where do you draw the line?" Supervisor Ruggiero responded that other towns have imposed the same weekend, and they have been very effective. "We are doing what our sister communities have done. We can't constitutionally have a curfew 24 hours a day 365 days a year, so we are imposing this on the days that we have the most problems and complaints." Councilwoman McCarthy said she has lived in Rockingham for 17 years and on October 30th and 31st kids are dropped off in the neighborhood and just left. During the summer it's another issue. "We will be happy to talk to you about what's going on during the summer. In those developments off All Angels, kids are dropped from other neighborhoods and they get into trouble." She has been the recipient of the frozen eggs, raw eggs, toilet paper and the scratching of cars. This curfew is in response to years and years of concern from residents who are just tired of it. She thinks it does give the police some added authority to approach these kids, round them up and direct them home or contact parents. She thinks its going to be a positive. She agrees, parents do have a responsibility. In the mean time, however, this will help minimize the problem. "That's what this curfew law is intended to address. It's not intended to be the beginning of a police state where every night we are out patrolling five minutes past whatever hour to make sure the kids are off the streets. It's designed to address the areas in our communities that have problems. If you listen to people who live in these neighborhoods, these are issues that are getting worse not better. This particular night and the night before Halloween are problems, and this is an attempt to help address the vandalism and the mischief that occurs on these nights." Mr. Coyle said he does live in the neighborhood and vandalism does occur sporadically throughout the year. There is always going to be a handful of rotten kids. As far as other kids coming into the neighborhood, he has lived there for six years and has not see that, except with younger kids. But they are going door to door and are not really troublesome. Supervisor Ruggiero said, as someone growing up in that 2 10/12/2004.PH neighborhood, everyone would go to Rockingham. "Its not just limited to Rockingham and Angelbrook, we had problems last year in Fleetwood Manor where someone was setting a fire in the middle of a cornstack. They raised the level of activity, vandalism and destruction on those nights. They feel it's a night that they can raise "Hell" and they do it. Having this curfew is for the enjoyment of the children. He has been reassured by the Sheriffs Department and the State Police that this is something enforceable because they do it in other communities. Mr. Coynes concern was; "How can you then stop it being implemented in other circumstances? Where do you draw the line? New Years Eve may be a bad night, a lot of kids are going out drinking." Supervisor Ruggiero replied: "We do not have a problem on New Years Eve. Not like this." Councilwoman McCarthy explained, if the Town Board was going to adopt a curfew on another night we would hold a public hearing just like this. It is not done behind closed doors. Supervisor Ruggiero said; " On top of that it's unconstitutional. The attorney has drafted this legislation in conjunction with other towns for extreme conditions such as we experience on Halloween. The level of destruction from vandalism is quite excessive, and it may help prevent further destruction all over the Town." Councilman Bettina said: "We have to protect peoples property and safety for children out there. We are not trying to make a police state. We are just trying to protect the health, safety and welfare of the public." Vincent Quicci of 17 Scott Drive, a siding contractor said the eggs do tremendous damage to their homes. He has been called to repair homes. He is tired of chasing kids that are from out of the area and calling their parents to come and get them. John Spears of 4 Rowell Lane has lived here for thirty-five years, is a retired police officer and retired fire officer in New York City, and has worked in the worst ghettos in the city of New York, in all five Burroughs, and has never saw such wanton destruction in his life. Six years ago there were about 120 teenagers coming down the road at 11:00 pm at night destroying everything in sight. Three years ago it was over 150. He knows there are not that many teenagers in that development. He would like to see something happen. He has been threatened with knives, and called the police. "If there are six or seven communities to join us in a curfew, where are they all going to go? They are all going to go to Wappingers. This has got to stop." Councilman Bettina said; "We do not want to turn this into a police state, but want to make sure the people enjoy the quality of life, and the little kids get a chance to enjoy the tradition of Halloween." He was 3 10/12/2004.PH amused by several statements regarding the kids civil rights. If you have civil rights, you also have the responsibility that goes with it. Councilwoman McCarthy explained that this Local Law addresses minors 18 and under. Al Roberts, Attorney to the Town said if the perpetrators are over 18 years of age they will be subjected to other types of criminal penalties. One resident felt it was unfair to subject the 14 year olds to this law. Florence Wheat of 36 Carroll Drive hopes it passes. Tina Settembrino of 16 Scott Drive is in favor of the curfew law. She had a lot of problems because there was underage drinking going on in the woods. She called the police and they responded that they were too busy patrolling the streets. Sgt. Waterson said that should have been handled differently. That type of situation should be handled regardless of curfew. They are going to beef up patrol on Halloween. Helen Cipollaro of 45 Balfour Drive said the kids congregate where the old water tower was, and that is where they build the bon fires and they also come past her house at 3 in the morning throwing beer bottles. Sgt Waterson said all these places are going to be strictly patrolled. Christine Planck of 40 Kretch Circle encourages the Town Board to vote for the curfew. Mary Johnson of 31 Scott Drive was in favor of the curfew. She has been asking for this for seventeen years. This is a holiday for the younger children. Every year she is sitting with a bucket of water and going out every half hour to wash off her mailbox, her car and her fence. When the kids congregate they are in groups of 25-35. This is every single year. Parents bring the kids into the development, drop them off and pick then up whenever. Some years are worse than others. There is no reason for these kids to be out on the streets at 11:00 pm at night. If you want to trick or treat, do it by 9:00 pm. One resident wished to know if this goes through and the curfew doesn't work, what happens next. The kids are very defiant. Supervisor Ruggiero said,; "The police are going to enforce the curfew. The kids will be picked up and ticketed. It will not be worth it for them to defy the law. When the officer sees 25 kids in violation of curfew, they are going to call for backup and you will see how quickly they disperse and return home." Paul Johnson of 31 Scott Drive wished to know how this was going to be enforced. Sgt. Waterson said he would call for backup. Its not like he is going to go to Rockingham on his own and deal with 100 kids. We do have other agencies to call upon for assistance. Mr. Johnson also wished to know what were the fines for the parents if the child is in violation of the law. Al Roberts, Attorney to the Town answered that it was a civil fine of $100 for the first 4 10/12/2004.PH offense and if there are subsequent violations $250 and the parents are responsible. Councilman Valdati explained that this is not really a curfew for the children, it's a wakeup call for the parents. "It's the parents who are going to be called to task on the local law. They will have to answer to the judge and pay." Councilman Bettina announced; " It all goes back to family values, people are not taking care of their children. That is a big part of it. Kids are not born this way, they learn it." Councilwoman McCarthy said she has received calls not only from residents of Rockingham and Angelbrook, but neighborhoods off Kent Road, Robin Road and McIntosh. She has not received one negative response on this law. "People are hungry to have some control of their property in their neighborhood. This law is not intended to overstep our bounds." Councilman Valdati said perhaps shopkeepers should be made aware that on those evenings, eggs and shaving cream should not be sold. Tina of Doyle Drive said there is a problem in Rockingham Farms and she is in favor of this curfew. Halloween is supposed to be fun, not outright vandalism. One of the residents wished to know if the reason there were problems in Rockingham was due to the lack of streets lights in the development. Supervisor Ruggiero said: "There are no street lights in 95% of the town. This neighborhood has more density. This is not a Rockingham problem, it is also a Fleetwood and Wildwood problem." He has been receiving complaints throughout the town. There were no further comments or question from the audience. Councilman Bettina moved to close the Public Hearing, seconded by Councilwoman McCarthy and unanimously carried. The Hearing closed at 8:30 p.m. Gloria J. orse L Town Clerk 5