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2004-09-27 RGMTOWN .OF WAPPINGER SUPERVISOR JOSEPH RUGGIERO Call to Order Roll Call, Salute to Flag SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-2744 FAX: (845) 297-4558 Monday, September 27, 2004 7:30pm Wappinger Town Hall AGENDA Suspension of Rules for Public Comment on Agenda Items Correspondence Log 2004CL-120 to 2004CL-132 Public Hearing: Public Hearing for Local Law for Stop Sign at Deer Run and Vordran Drive Discussions: Agricultural District — Dr. Vilardi Open Space Subdivision—Mr. Hanig Phase 3B — Jay Paggi TOWN COUNCIL ' VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Resolutions: 2004-278 Resolution Accepting Correspondence Log 2004-279 Resolution Authorizing Local Law for Stop Sign at Deer Run and Vorndran Drive 2004-280 Resolution Authorizing Change Order No 2 for 99 -2R -7E 2004-281 Resolution Authorizing Escrow Refund for 54 Red Hawk Hallow Road 2004-282 Resolution Authorizing Escrow Refund for 22 Morgan Court 2004-283 Resolution Authorizing Budget Transfer New Business/ Commenfs Executive Session Gaslands Adjournment 09/27/2004.RGM The Regular Meeting of the Town Board of the Town of Wappinger was held on September 27, 2004, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:32 p.m. 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 Stop Sign at Deer Run and Vorndran Drive. SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA ITEMS Councilman Bettina moved to suspend the rules for purposes of public comment on agenda items, seconded by Councilman Valdati and unanimously carried. CORRESPONDENC LOG: 2004 -CL -120 TO 2004 -CL- 132 (See Attached Sheets) DISCUSSIONS: Agricultural District—Dr. Mario Vilardi the owner of 60 acres of residential property in the agricultural farm district near the Fleetwood subdivision is interested in expanding the operation by increasing the number of horses on his property and the development of a training track. The horses would come from the Yonkers race track. Supervisor Ruggiero explained that under New York State agricultural law, agricultural districts are exempt from going through a full Planning Board, Site Board, Site Plan approval process. It does not mean that they are exempt from approving drainage issues and other aspects of complying with town and state laws. Because it is an agricultural farm district, state law provides a fast track for such proposals as long as they are consistent with farm related items; horse breeding being one of them. According to Supervisor Ruggiero, the Town must come up with a concise process and method for applicants that will be consistent with the Agricultural Markets Law. Attorney to the Town, Al Roberts explained that the present zoning ordinance does not give a general exemption to farming operations so we have to amend our Zoning Code to be in compliance with the agricultural markets law. Councilman Bettina had some concerns regarding open space and said our planners should take a closer look at this. Dr. Vilardi described the intended construction, including barns and a race 1 09/27/2004.RGM track that would be graded to the middle so any rain runoff would be angled to go into the center of the track. He would ultimately like to have 100 horses on the property. Supervisor Ruggiero announced that the project must still go through an administrative review process including Zoning and Engineering as opposed to Planning Board review. Open Space Subdivision, Joel Hanig, "The Preserve". Mr. Hanig presented an overview of the plans that would house 51 units. He informed the board that the applicant, Prime Equities has an application before the Planning Board. The application before tonight's board is under section 280A of the Town Law which is requesting the Town Board to pass a resolution which would allow the property to become eligible for an "open development" permit". The "open development permit" is being requested because the applicant would like to have this Town House project develop using two private roads within the project. Mr. Hanig explained that Wappinger does not have any provision in the zoning law to allow the Planning Board unilaterally to approve a project allowing a town house complex to be built with a private road. He was here tonight to enlist the Town Board to refer this request to the Planning Board for their recommendations and comments. Discussion followed Councilman Paoloni moved to refer this application to the Planning Board for their comments and recommendations, seconded by Councilman Valdati and unanimously carried. Phase 3 B- Engineer to the Town Jay Paggi. Mr. Paggi announced, after many meetings with the Town Board, the following areas were narrowed down that would be included in Phase 3- B of the new sewer area. The first area would be Route 9 South which goes to the Fishkill Border and include the commercial area along Old Route 9, Edge Hill Manor the Hamlet of Hughsonville, Route 9 North to Smithtown Road, Curry Road residential area and Route 9, Mid Point Park Subdivision, DeGarmo Hill Road area, Middlebush Road area, and the Fowlerhouse Road area. The proposed expansion would include 720 parcels and would have an average daily flow of 360,000 gallons per day. The estimated cost for the transmission facilities only, is approximately $19.5 million dollars. There are approximately 1,087 Benefit Units in this proposed 3B, and the cost per Benefit Unit for this collection system is $980, exclusive of O&M. Mr. Paggi informed the Board that this will be the most costly of all the phases. Discussion followed RESOLUTION NO. 2004-278 RESOLUTION AUTHORIZING PLACEMENT OF CORRESPONDENCE ON FILE 2 09/27/2004.RGM The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni BE IT RESOLVED, that letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote, which resulted as follows: Joseph Ruggiero, Supervisor Vote Aye Robert Valdati, Councilman Vote Aye Vincent Bettina, Councilman Vote Aye Maureen McCarthy, Councilwoman Vote Aye Joseph Paoloni, Councilman Vote Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2004-279 RESOLUTION ADOPTING LOCAL LAW NO. # 11 OF THE YEAR 2004, DESIGNATING A STOP INTERSECTION ALONG DEER RUN AND VORNDRAN DRIVE The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. #11 of the Year 2004, Designating a Stop Intersection Along Deer Run and Vorndran Drive" for consideration of adoption by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the official newspaper of the Town, and the Poughkeepsie Journal; and WHEREAS, a Public Hearing was held on 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.#11 of the Year 2004, 3 09/27/2004.RGM Designating a Stop Intersection Along Deer Run and Vorndran Drive", a copy of which is attached hereto and made a part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. 4. Town Highway Superintendent, Graham Foster, 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. #11 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 Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-280 RESOLUTION AUTHORIZING CHANGE ORDER NUMBER NO.2 FOR WAPPINGER WATER IMPROVEMENT 99 -2R -7(E) The following Resolution was introduced by Councilman Paoloni and seconded by Councilman McCarthy. WHEREAS, the Engineers to the Town, Paggi, Martin & DelBene have approved Change Order No. 2 for Wappinger Water Improvement 99-2(R) for electrical work, as per a letter dated September 21, 2004, a copy of which is attached hereto NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves completion Chang Order No. 2 to Wappinger Water Improvement 99-2(R), for electrical work in the amount of One -Thousand Five Hundred Sixty Three Dollars and 49/100 ($1,563.49) for the reasons set forth in the letter dated September 21, 2004 from Charles DelBene of Paggi, Martin & DelBene to the Town Board. The foregoing was put to a vote, which resulted as follows: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman 4 Voting Aye Voting Aye Voting Aye 09/27/2004.RGM Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2004-281 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 54 RED HAWK HOLLOW ROAD The following Resolution was introduced by Councilman Paoloni and seconded by Councilwoman McCarthy. WHEREAS, on or about August 5, 2002 Rodney Alan Little deposited One Thousand and 00/100 ($1,000.00) with the Town of Wappinger for seeding for 54 Red Hawk Hollow Road, and WHEREAS, Rodney Alan Little has requested a refund in the amount of One Thousand and 00/100 ($1,000.00) and has been recommended by George Kolb, Building Inspector to the Town of Wappinger, in his letter dated September 14, 2004 to the Town Board Members. 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. Payment is approved in the amount of One Thousand and 00/100 ($1,000.00)) made payable to Rodney Alan Little, Account Number 6359-02-839510-0000, for the refund of the unused escrow funds deposited for the property located at 54 Red Hawk Hollow Road. 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. 2004-282 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FOR 22 MORGAN COURT The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, on or about January 29, 2004 Mrs. Heidi Morgan deposited Three Thousand Dollars and 00/100 ($3,000.00) with the Town of Wappinger for a driveway on 22 Morgan Court; and WHEREAS, Heidi Morgan has requested a refund in the amount of Three Thousand and 00/100 ($3,000.00), and has been approved by Graham Foster, Highway Superintendent to the Town of Wappinger.. NOW, THEREFORE, BE IT RESOLVED, as follows: 09/27/2004.RGM 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. Payment is approved in the amount of Three Thousand and 00/100 dollars ($3,000.00) made payable to. Heidi Morgan, Account Number 6258- 01-137998-0000, for the refund of the unused escrow deposited for the property located at 22 Morgan Court. r 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. 2004-283 RESOLUTION AUTHORIZING BUDGET AMENDMENTS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, the Comptroller to the Town of Wappinger, Gerald A. Terwilliger, has recommended certain budget transfers hereby amending the Town budget as set forth in a letter dated September 23, 2004 from Gerald A. Terwilliger, Comptroller, to the Supervisor and Town Board Members. 1. General Fund -Budget Amendment Increase A3005 Mortgage Tax $130, 474.00 Decrease A3001 State Aid $130,474.00 To increase anticipated mortgage tax revenue and to decrease state aid. 2. General Fund -Part Town Budget Amendment Increase B3001 State Aid $150,000.00 Increase B1420.400 Attorney Fees $40,000.00 Increase B1440.400 Engineer $15,000.00 Increase B3120.400 Vandalism Patrol $45,000.00 Increase B8020.400 Planning Board C/E $50,000.00 To adjust budget for allocation of State to General Fund -Town outside village. 3. Highway Fund Increase DB5112 Consolidate Highway Aid $104,534.39 Increase DB5112.400 Improvements CHIPS $104,539.39 NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated this Resolution as if fully set forth and adopted herein. n 09/27/2004.RGM 2. The Town Board hereby authorizes the following budget transfers hereby amending the Town of Wappinger Budget adopted for the calendar year of 2004: 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/COMMENTS Councilman Valdati wished to know the status of the Building and Fire Inspector in the Village. Supervisor Ruggiero replied that he spoke to the Village Clerk last week and was assured by the end of this month they will appoint someone. Councilman Valdati also wished to know the status of Inter -City Tire. Tires are still being left out in full view and quite unsightly. The Zoning Administer explained she has been citing them weekly with court appearances pending. Councilman Bettina wished to thank all the Board Members for their kind thoughts for a family member that recently passed away. Councilman Bettina also wishes to set up a Workshop meeting with members of Dutchess County Sports to discuss setting up a Sports Museum in our area. Councilman Bettina requested Supervisor Ruggiero to send a letter to the New York State Assessors Association in order to open up the process for bringing people in. Councilman Paoloni wished to have Supervisor Ruggiero send a letter to Verizon to investigate all the telephone poles standing along the road that are not being used. At this time, 9:00 p.m. Councilman Bettina moved to go into Executive Session to confer with Counsel regarding Gaslands, seconded by Councilman Paoloni and unanimously carried. The meeting reconvened at 9:44 p.m. with all board members in attendance. There was no action taken in Executive Session. Councilman Valdati moved to close the meeting, seconded by Councilwoman McCarthy and unanimously carried. The meeting adjourned at 9:44 p.m. Gloria J. Morse Town Clerk 7 NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 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. aw TQrm__af_ wappIngez--------------------------------------------------------- Town of ----- #11 of the year 20-0-4-- LocalLaw No- ------------------------------------ ilrrr-- -- i --------------- tled "Local Law_ No.__�__of__the_ Year A local lawent (Luert Title) Intersection Along Deer _Run _and_ Vorndran_ Drive_ _______________________________ downrd-------------------------------------------------------------- of the Be it enacted by the ----- _Boa (Name ofLegialative body) i my Town of ---- Wappinger----------------------------------- as follows: TEXT COHMENCES ON NEKT PAGE 0 -------(If additional -space-is-needed,_attach_pages the same_size as this sheep and number each.) �1) DOS -239 (Rev. 11/99) 1 LOCAL LAW NO. # 11 OF THE YEAR 2004 A Local Law entitled "Local Law No. # i i_ of the Year 2004, Designating a Stop Intersection Along Deer Run and Vorndran Drive." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: This Local Law shall be known and cited as Town of Wappinger "Local Law No. #11— of the Year 2004, Designating a Stop Intersection Along Deer Run and Vorndran Drive", which shall amend the present Vehicles and Traffic Code, as set forth below. Section H• Legislative Intent:_ Town Highway Superintendent, Graham Foster, by letter dated June 29, 2004, attached hereto marked and designated Exhibit "A", has recommended that the Town of Wappinger install a "stop sign" and establish a full stop intersection at Deer Run at its westbound intersection with Vorndran Drive. Based upon the recommendation of Town Highway Superintendent, Graham Foster, the Town Board has determined that it is in the best interest of the citizens of the Town of Wappinger to revise the Town's Vehicles and Traffic Code §230-43 "Schedule IX: Stop Intersections to designate the intersection along Deer Run at its westbound intersection with Vorndran Drive as a full stop intersection. Section III• Stop Intersection: The Town of Wappinger Code §230-43 is hereby amended by alphabetically inserting into Schedule IX the following designated full stop intersections: Direction "Stop Sign on of Travel At Intersection of Deer Run West Vorndran Drive." \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\StopSign\2004\Deer Run-Vomdran\Local Law.doc Section IV: Se arabili . 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. \\Vsrp03\Common\Wappinger\Town Board\LOCAL LAW\StopSign\2004\Deer Run-Vomdran\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. ------- ti l _______________________ of 20.0.4__ of the )(Town)( of --- Wapp;L ger---------------------------------------------- was duly passed by the TsQVU__&oar_d---------------------- on 20 Q4_, in accordance with the applicable provisions of law. (Name of Legislative 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)(City)(Town)(Village) of------------------------------------------------------------- was duly passed by the _______________________________________________ on ------------------ 20 --- , and was (approved)(not approved)(repassed after (Name oflegislative 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)(Village) of---------------------------------------------------------------- was duly passed by the ___________________________________________________ on ------------------ 20---- , and was (approved)(not approved)(repassed after (Name ofLegialadve Body) disapproval) by the ---------------------------=--------------------- on------------------- 20---- . Such local law was submitted (Elective 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. 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 -------------------------i------------------------ on ------------------ 20 --- . Such local law was subject to (Elective ChiefExeculive 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. (2)' 5. (City local law concerning Charter 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 qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20------ of 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. A 04 D �r /l4 // (Seal) Clerk of the County le ative y, ei wn or Village Clerk or officer designate y to egislativ y GLORIA MO E awg C1 k , Date: (Certification to be executed by County Attorney, Corporation Counsel,lbwn Attorney, Village Attorney or other authorized attorney of locality.) k! STATE OF NEW YORK COUNTYOF TMtrh Gc I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have heen had or taken for the enactment of the local law annexed hereto. Albert P. Roberts — Attorney Title Town of WgUinger Date: ( 2004 I Town Board Correspondence Log Document # 2004CL - 0120 To Joseph Ruggiero, Supervi From Mary Passes Date 8/24/04 Received 8/24/04 Re Resignation Letter from Planning Board Agenda 9/27/2004 2004CL - 0121 Joseph Ruggiero, Supervi Heather Cristantiella, Pre 9/7/04 9/15/04 Renewing of Liquor License 9/27/2004 2004CL - 0122 Commissioner Bernadette Senator Charles Schumer 8/10/04 8/16/04 Letter in support of Camwarth Mansion 9/27/2004 2004CL - 0123 Town Board and Clerk Building Department 8/1/04 8/16/04 Zoning and Planning Board Report for the month o 9/27/2004 2004CL - 0124 Supervisor Joseph Ruggie Carmella Mantello, Exec 8/24/04 8/27/04 Letter for Project VIP award Visions in Planning 9/27/2004 2004CL-0125 Town Clerk Ronald C. Blass, Vand D 8/5/04 8/09/04 Fishkill Proposed Law amending zoning map 9/27/2004 2004CL - 0126 Skip Rottkamp June Ellen Notaro, Youth 8/25/04 8/30/04 Swim Lessons Deer Hill Conf. Center 9/27/2004 2004CL - 0127 Town Board and Supervis Charles Del Bene 8/26/04 8/30/04 Proposed Wappinger Water Improvement 1999 2R 9/27/2004 2004CL-0128 Joseph Ruggiero, Supervi Office of Real Property Se 8/23/04 Maintenance Aid 9/27/2004 2004CL - 0129 Tom Cusack, Leggette, B Albert Roberts, Town Alt 8/23/04 8/24/04 Gasoline Spill on Jackson road 9/27/2004 2004CL - 0130 Supervisor Ruggiero and Charles Del Bene 8/26/04 Proposed Wappinger Water Improvement 1999 2 9/27/2004 2004CL-0131 Denis Riche, Custard Irrstr Emanuel Sarin 8/27/04 8/30/04 Spill Gas S Jackson Road p 9/27/2004 2004CL-0132 Councilman Vincent Betli Tatiana Lukianoff, Zonin 8/6/04 8/27/04 Pond on Chelsea Road 9/27/2004 Page 1 of 1 Thursday, September 23, 2004 09/27/2004.PH A Public Hearing was held by the Town Board of the Town of Wappinger on September 27, 2004, at the Town Hall, 20 Middlebush Road, Wappingers Falls, on a proposed Local Law Designating a Stop intersection along Deer and Vorndran Drive. 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 The Town Clerk offered for the record, the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Supervisor Ruggiero wished to know if there were any comments or questions from the audience. Barbara Mooradian of 6 Vorndran Drive was very much in favor of the Stop Sign, but wished to know what could be done regarding the speeders due to the construction of the new development. She has also observed a number of speeders including a town employee who apologized after she reprimanded him. She explained that there are many children in the area and one had been hit by a speeder. There is also a large tree obscuring the drivers vision. Mr. Foster, Highway Superintendent explained that the Stop Sign would be placed at the intersection where the tree stands. Sheri Johnson of 25 Deer Run said they have called the Sheriffs office regarding the speeding also. Supervisor Ruggiero said he would inform the Dutchess County Sheriffs department regarding the traffic concerns in that area. There were no further comments from the audience. Councilman Paoloni moved to close the Public Hearing, seconded by Councilwoman McCarthy and unanimously carried. The Public Hearing adjourned at 7:38 p.m. Gloria J. Mor e Town Cler 1 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL LAW DESIGNATING A STOP INTERSECTION ALONG DEER RUN AND VORNDRAN DRIVE STATE OF NEW YORK) )ss: COUNTY OF DUTCHESS) 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 15, 2004 your deponent posted a copy of the attached notice of Public Hearing on the proposed Local Law Designating a Intersection along Deer Run and Vorndran Drive in the Town of Wappinger, 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. �o GLORIA J. Town Clerk Town of Wappinger Sworn to before me the �", day of Wi4c, 2004 MARIA GILBRIDE A' NotaryPhoState of New Yolk N Reg. No. 01GI5087374 = �� Qualified in Dutchass Coun NOTARY "LIC Commission Expires Nov. 3, 0290 ..' f ikla Poughkeepsie, N.Y. 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 27th day Of September, 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 an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed Local Law en- titled "Local Law No. of the Year 2004,. Designat ing a Stop Intersectior. Alongg Deer Run and Vorn- dran:Drive ". PLEASE TAA. FURTHER the a. "stop sign" and establish - Ing a full stop intersection at Dear RuR at Its west- bound intersection with Vorndran Drive. PLEASE TAKE FURTHER NOTICE that the Town, Board hes . determined I that pursuant to 6NYCRR 617.5ic)(20) the proposed adoption of the aforemen- tioned Local Law is a Type I li 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. 1882" 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 Offiice-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: August 31, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER GLORIA J. MORSE, TOWN CLERK 8615 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 fo°r a in Weeks successively, in each week, commencing on the 15th. day of 2004 and on the following dates thereafter, namely on: And ending on the _._._ day of , 2004 ,both days inclusive. Subscribpd and s vorn to before me this day �f , 2004 NotaG Public My commission expires Ib LESLIE SHERADEN Notary Public, State of New York No OISH5018755 Qualified ,n Dutchess ou t Commission Expires SOUTHERN DUTCHESS NEWS BEACON FREE PRESS 84 EAST MAIN STREET WAPPINGERS FALLS, NY 12590 ^ff 1 -,/1 t_ <> -F P 11 1z)- 11+C3t:� 1 t7 Y"1 To: WAPPINGERS FALLS, TOWN P.O. SOX 324 WAPPINGERS FALLS, NY 12590 Re: Legal notice #64835 State of NEW YORK } .r SS: County of DUTCHESS } I, TTNA HEATH, being duly sworn, depose and say: that I am the BOOKKEEPER of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 09/15/04. Sworn to before me this 22nd day of September, 2004 ALBERT N OSTEN Notary Public:, State of NEW YORK No. 14-8240760 Qualified in DUTCHESS County Ply commission expires on June 15, 2007 sfOTICE OF'PUBL(F HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that 140 Town'Board of ;be Town of Wappingger wlil 9pnoypt a PLJBI.IC HEARII on the 27th day of Sept tembgr, 2004, at 7:30 p.m.'at the Town Hall -Town of Wappinger, 20 Middlebush Road, ,Wappingers Falls,, New York,'stWhich time all , .to whether the Town Board of the Town of yvappingershall adopt a proposed Local Lew entitled `Local Law No._;: � of the Year 2004: 'Along Dear Rum and Vorndran Drive." PLEASE TAKE FURTHER NO- TICE that the purpose and intent of the proposed Local Law is to amend She Town's Vehicles and Traffic Code by Installing a "stop sign" and establishing a full stop intersection 'at Dear Run at its westbound inter- section with Vorndran Drive, PLEASE TAKE FURTHERNO- 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 isa Type II action not requiring environmental review pursuant'to the State Env ironmental'Quality `hes been undertaken. , L SM on waeudays from. 8:30 a: to 4:00m% RTown Hall, eMiddloh Wappinge Falls, New York. peted: August 31, 2004: BY' ORDER OF THE TOIA BOARD OF THE TOWN C WAPPINGE 0LQRlAj..MOR95,,Totem Cie