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1991-06-24 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER JUNE 24, 1991 ---------------------- 1. --------------------- 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES: Reg. May 29, 1991 4. REPORTS OF OFFICERS: Sup.Compt. Town Justices Receiver of Taxes Bldg. Insp. -Zng.--Adm. Dog Control Officer Highway Supt. Sloper-Willen quarterly report 5. PETITIONS & COMMUNICATIONS a. M.J. Mlgnogna, NYSDOT Reg. Traffic Eng. to Jas. Spratt re: Townwid Speed Limit request b. Yvonne Tompkins, Chelsea Fire Dist. Sect'y, re: her reappointment to T/Wappinger Fire Prevention Bureau t Ja,)WAs°`X ""kstnv�tt� - c. Request from Rocky Fence Co. for return of $1436.08 escrow deposit for fencing around pool, 20 Mine Dr. d. Requests for return of escrow deposits for driveways from: Satyapal Bhatia, 19 Sherwood Hghts and Joao Gomes, 17 Sherwood Hgh $250 e. Petition from Quiet Acres Residents re: hazardous condition of house at 21 Helen Drive f. G. Robbins request to become Tenant to CWWIA#1 g. Tri -Municipal Drawdown h. H. Supt. requests permission to bid for a Lift for the H. Garage i. Request from Jeffrey Strang for return of escrow $600.00 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Consider adoption of Local Law regulating Traffic & Parking b. Consider adoption of Local Law regulating Parking on Privately owned areas in town c. Consider approving re -allocation of ECHO Community development f to the Town Master Plan project d. Consider awarding bid for Fire Inspector Vehicle e. Consider Local Law for installation of "Drug Free Zone" signs f. Approve payment for Rudikoff bills g. NYS Supreme Court - Stipulation of Settlement -Article 78-Cranbe h. Introduce Local Law exempting residency requirement for deputy Court Clerk 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT REMINDER: PUBLIC HEARINGS ON LOCAL LAWS, ETC., START AT 7:00 P.N. es. s 137 The Regular Meeting of the Town Board of the Town of Wappinger was held on June 24, 1991, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Smith opened the Meeting at 7:30 P.M. Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Graham Foster, Highway Superintendent The Supervisor invited Billy Ward, a Star Scout present at the meeting to lead the congregation in the Pledge of Allegiance to the Flag. She then introduced Billy Ward who will become a Star Scout and after that an Eagle Scout and on behalf of the Town Board wished him a lot of luck. The Minutes of the May 29, 1991 Regular Meeting, having been forwarded to the Board Members, were placed before them for their consideration. Mrs. Smith asked for a correction on Page 117 where it states that Arthur Waddle is on the Town Fire Prevention Bureau representing the Hughsonville Fire District. Mr. Waddle is the District Secretary for Hughsonville and is not a member of the FPB. Mrs. Smith noted that she did identify him as a member of the FPB at the May 29, 1991 Meeting, but realized she was wrong and wished to have it corrected for the record. MRS. VISCONTI moved that the Minutes of the Regular Meeting of May 29, 1991, be and they are hereby approved, as corrected, as submitted by the Town Clerk. Seconded by Mr. Incoronato Motion Unanimously Carried Reports were received from Supervisor/Comptroller, Town Justices, Building Inspector, Dog Control Officer, Highway Department for the month of May, Receiver of Taxes for April. MRS. VISCONTI moved to accept the above stated Reports and place them on file. Seconded by Mr. Incoronato Motion Unanimously Carried Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incornato, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Graham Foster, Highway Superintendent The Supervisor invited Billy Ward, a Star Scout present at the meeting to lead the congregation in the Pledge of Allegiance to the Flag. She then introduced Billy Ward who will become a Star Scout and after that an Eagle Scout and on behalf of the Town Board wished him a lot of luck. The Minutes of the May 29, 1991 Regular Meeting, having been forwarded to the Board Members, were placed before them for their consideration. Mrs. Smith asked for a correction on Page 117 where it states that Arthur Waddle is on the Town Fire Prevention Bureau representing the Hughsonville Fire District. Mr. Waddle is the District Secretary for Hughsonville and is not a member of the FPB. Mrs. Smith noted that she did identify him as a member of the FPB at the May 29, 1991 Meeting, but realized she was wrong and wished to have it corrected for the record. MRS. VISCONTI moved that the Minutes of the Regular Meeting of May 29, 1991, be and they are hereby approved, as corrected, as submitted by the Town Clerk. Seconded by Mr. Incoronato Motion Unanimously Carried Reports were received from Supervisor/Comptroller, Town Justices, Building Inspector, Dog Control Officer, Highway Department for the month of May, Receiver of Taxes for April. MRS. VISCONTI moved to accept the above stated Reports and place them on file. Seconded by Mr. Incoronato Motion Unanimously Carried 138 Mrs. Visconti noted that the Board had received a letter from the Orange County Executive, Mary McPhillips, expressing her sincere appreciation for Mr. Levenson's contribution to the success of their Planning and Land Use Regulations Course and she commended the Zoning Administrator for extending a_helping hand to this community. The first quarter report was received from the Sloper-Willen Ambulance Service. MRS. VISCONTI moved to accept the report from Sloper-Willen Ambulance Service and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried Petitions & Communications --- A Copy of a communication from Mr. Mignogna, Regional Traffic Engineer with the N.Y.S.D.O.T. to Commission of Public Works, James Spratt was forwarded to the Town Board recommending that the Town consider requesting the County for a 30 MPH Town -wide speed limit, he indicated that his Department would approve such a request. MRS. VISCONTI moved to table action pending further discussion at a work shop. Seconded by Mr. Fanuele Motion Unanimously Carried Mrs. Smith set the work shop for July 8th, 1991. Notification was received from the Chelsea Fire District of the reappointment of Yvonne Tompkins to serve another term on the Fire Prevention Bureau and from the Hughsonville Fire District that Jon Wilson was appointed to the FPB replacing Robert Ashworth, Sr. whose term expires July 1, 1991. MRS. VISCONTI moved to confirm the appointments of Yvonne Tompkins, Chelsea Fire District and Jon Wilson, Hughsonville Fire District to the Town of Wappinger Fire Prevention Bureau. Seconded by Mr. Valdati Motion Unanimously Carried A request was received from Rocky Fence Company for the return of escrow deposit in the amount of $1,436.08 for fencing around pool at 20 Mina Drive; the work has been completed and the Building Inspects -r recommended that the escrow be returned. 139 MR. VALDATI moved to approve the release of $1,436.08 escrow deposit to Rocky Fence Company at the recommendation of the Building Inspector. Seconded by Mrs. Visconti Motion Unanimously Carried Requests for the return of escrow deposits for driveways from Mr. Bhatia, 19 Sherwood Heights and Joao Gomes, 17 Sherwood Heights. MRS. VISCONTI Moved to approve the release of escrow deposits for driveways to Satyapal Bhatia, 19 Sherwood Heights in the amount of $1,000, and to Joao Gomes, 17 Sherwood Heights in the amount of $250.00, at the recommendation of the Highway Superintendent and the Building Inspector. Seconded by Mr. Incoronato Motion Unanimously Carried A Petition was received from residents of Quiet Acres regarding a hazardous condition of a house at 21 Helen Drive that had been just about totally destroyed by fire approximately a year ago; it has not been boarded up and it has become an attractive nuisance for the neighborhood children. Mrs. Smith had an update on this matter, stating that the owner was in the Building Department today obtaining a demolition permit and he indicated that he was delayed due to the insurance company settling the claim. He expects to complete the project in less than a month and it appears that he intends to rebuild. Mrs. Smith will contact these residents and put their minds to rest that attractive nuisance will soon be demolished. At the last meeting, Gordon Robbins, Losee Road, requested to become a tenant to CWWIA when the Alpine Development ties into this system. The matter was referred to a work shop for discussion and subsequent consideration. MR. INCORONATO moved to grant permission to Mr. Robbins, Losee Road, to tie into CWWIA, under the Tenant Policy, at such time when the line is connected to the Alpine Development. Seconded by Mrs. Visconti Motion Unanimously Carried 140 A Memo was received from the Comptroller requesting the advance of an additional $40,000 for the draw down of funds for Tri -Municipal sewer costs. The Supervisor explained that she had requested an update on the funds already appropriated for this project which was attached to the Memo. At this time she requested a draw down of $40,000 which would bring the total to $300,000. MR. FANUELE moved to authorize the Comptroller to draw down the amount of $40,000 for the Tri -Municipal projected sewer costs. Seconded by Mrs. Visconti Motion Unanimously Carried A request was received from the Highway Superintendent to go to bid for a Lift for the Town Garage. This Department has a large fund balance and he feels this equipment is necessary for the maintenance of all the Town cars. He estimated that the cost would be from $8,000 to $9,000 installed. MR. INCORONATO moved to authorize the Highway Superintendent to go to bid for a Lift for the Town Garage. Seconded by Mrs. Visconti Motion Unanimously Carried The Zoning Administrator wrote a Memo to the Board requesting the release of escrow money to Jeffrey Strang/Honeytree Day Center in the amount of $600.00. MR. VALDATI moved to return the escrow deposit of $600.00 to Mr. Strang, at the recommendation of the Zoning Administrator. Seconded by Mr. Incoronato Motion Unanimously Carried Committee Reports --- Mr. Fanuele, Mr. Incoronato and Mr. Valdati had no reports for this meeting. Mrs. Visconti had no reports, however, she wished to commend the Highway Superintendent for painting the curbs at the Town Hall so she could see the road. Mrs. Smith reported that the Town had received $1,000 donation from the Rotary Club toward the cost of the proposed Gazebo. She felt great about this and asked the Chairman of the Recreation Commission to conta- organizations and see how many more donations we can get and she promptly provided him with a list of organizations. 141 Resolutions --- A Public Hearing having been held on a proposed Local Law Regulating Traffic and Parking within the Town, the matter was placed before the Board for their consideration. MR. VALDATI moved to adopt Local Law #6 of 1991: (Attached hereto and made part thereof of the Minutes of this Meeting) Seconded by Mr. Fanuele Roll Call Vote: 5 Ayes 0 Nays Mrs. Visconti commended Al Roberts and his Colleague for all the research they did in order to combine all the previous laws on this subject matter into one updated law. She realized it was a very time consuming job but felt consolidating laws for the benefit of our people is a very worthwhile project. Mr. Roberts noted that he had a lot of help from the Town people. A Public Hearing having been held by the Town Board on a proposed Local Law Regulating Traffic and Parking within Privately Owned Areas in the Town of Wappinger, the matter was placed before the Board for their consideration. MR. FANUELE moved to adopt Local Law #7 of 1991: (Attached hereto and made part thereof of the Minutes of this Meeting). Seconded by: Mr. Incoronato Roll Call Vote: 5 Ayes 0 Nays A Public Hearing was also held on the reallocation of Community Development Funds from the original application for ECHO to the Town Master Plan. MRS. VISCONTI moved to authorize the Comptroller to apply for a transfer of the Community Development Funds in the amount of $2,000 from ECHO to the Town of Wappinger Master Plan. Seconded by Mr. Fanuele Motion Unanimously Carried 142 Bids on the Fire Inspector's Vehicle were received and opened on June 17th, 1991 from PAL Chevy, $11,400, Brownell Motors, $15,525, and Freedom Ford at $14,456. The Fire Inspector recommended that the bid be awarded to the second lowest bidder at $14,456 and stated reasons for this choice in a memo to the Board. According to him the vehicle exceeded all specifications and included some items as standard equipment as compared to the Chevy Vehicle which had listed the V-6 engine as optional and also other items. Mrs. Smith wrote a memo to the Town Board recommending that they accept the Fire Inspector's recommendation. Mr. Fanuele noted that the supplier recommended offered a large station wagon with expensive items. Mrs. Visconti felt that more thought should be given to this and the Supervisor should discuss it with the Fire Inspector more thoroughly; perhaps a truck would be more suitable. If he has specific reasons that he wants this type vehicle it can be put on the next agenda for consideration. MRS. VISCONTI moved to table action on the bid for the station wagon pending discussion with the Fire Inspector to determine what vehicle is best suited to his needs. Seconded by Mr. Incoronato Motion Unanimously Carried A Public Hearing having been held by the Town Board on a proposed Local Law Authorizing Installation of Signs Denoting "Drug Free Zone", and now placed before them for their consideration. MR. VALDATI moved to adopt Local Law #8 of 1991 as follows: LOCAL LAW AUTHORIZING INSTALLATION OF SIGNS DENOTING DRUG FREE ZONE. BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. LEGISLATIVE INTENT The Town Board recognizes the proliferation the illicit use of drugs, narcotics and controlled substances in our society as one of the most threatening and dangerous problems facing our youth. The Town Board has supported programs which educate our young people about the dangers of the illicit use of drugs, narcotics and controlled substances and supports those programs which prevent these problems before they begin. The New York State Division of Substance Abuse SErvices supports enacted legislation which allows municipalities to create "DRUG FREE" zones in areas near schools, noting that such "DRUG FREE" zones create an atmosphere and attitude against the use of drgus and gives the moral support to those young people who wish to resist the use of illegal narcotics. i 143 The Town Board acknowledges that Title 21 of the U.S. Code, Section 845A provides for increased penalties for those persons who manufacture, sell or distribute narcotics, controlled substances and marijuana within 1000 feet of a public or private elementary school location or secondary school or public or private college, junior college or university or within 100 feet of a playground, public or private youth center, public swimming pool or video arcade facility, and that similar provisions exist within the New York State Penal Code. Therefore, the Town Board of the Town of Wappinger hereby expresses its support for the implementation of a "DRUG FREE" zone program by authorizing the construction and installation of appropriate signs around schools, playgrounds, public or private youth centers, public swimming pools, video arcade facilities that are located on or adjacent to public highways. SECTION 2. INSTALLATION OF SIGNS The Town Board hereby authorizes the erection of signs along Town highways, and any other public highway when so authorized by Dutchess County, New New York Department of Transportation or any other governmental body having jurisdiction over a public highway, signs containing the following words "DRUG FREE ZONE" as follows: 1. within 1000 feet of a private or public, elementary, vocational or secondary school or a public or private college, junior college or university or 2. within 100 feet of a playground, public, or private youth club, a public swimming pool, or video arcade facility. SECTION 3. AUTHORITY TO INSTALL SIGNS The Superintendent of Highways of the Town of Wappinger shall install and maintain said signs as required under the provisions of this Local Law. SECTION 4. POSTING REQUIREMENTS Any signs authorized by this Local Law to be installed shall be erected and maintained pursuant to the pertinent requirements of the Vehicle and Traffic Law of the State of New York, the Regulations promulgated thereunder and any other statutes and Regulations of the State of New York prescribing conditions for the installation of signs along public highways. SECTION 5. SEVERABILITY In the event any portion of this Local Law is declared to be unenforceable by a court of competent jurisdiction, all the remainder shall remain in full force and effect. SECTION 6. EFFECTIVE DATE This Local Law shall take effect immediately upon adoption and filing as provided by Municipal Home Rule Law. Seconded by Mrs. Visconti Roll Call Vote: 5 Ayes 0 Nays The matter of payment of bills submitted by Matthew Rudikoff Associates was tabled from the last meeting for further review. Clarification of the bills submitted was received from this company and the Town Board agreed to payment of the amounts outstanding. MR. FANUELE moved to authorize the Supervisor to pay the bill as submitted from the Matthew Rudikoff Associates, Inc. Seconded by Mrs. Visconti Motion Unanimously Carried 144 The New York State Supreme Court Stipulation of Settlement -Article 78 - Cranberry Development was tabled at the last meeting pending receipt of the legal signed document. This was received and reviewed by the Board and it now required authorization for the Supervisor to execute same. MRS. VISCONTI moved to approve the payment of the Stipulation of Settlement with the Cranberry Development and authorize the Supervisor to sign said Stipulation of Settlement. Seconded by Mr. Incoronato Motion Unanimously Carried The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, the Town Justices of the Town of Wappinger, Carl S. Wolfson and Gloria Morse, have recommended a non-resident of the Town of Wappinger, known to them to be an experienced and competent person, to fulfill the position of Deputy Court Clerk for the Town of Wappinger, and WHEREAS, Section 23 of the Town Law of the State of New York and Section 3(8) of the Public Officers Law of the State of New York require that all elected and appointed positions within the Court Clerk's Office be fulfilled by a resident of the employing town and WHEREAS, a local law may be adopted by the Town Board of the Town of Wappinger to effectuate an exemption from such residency requirement by virtue of the Municipal Home Rule Law as applied to a recent amendment by the State Legislature, to wit: Section 3(23) of the Public Officers Law which authorizes such exemption for the office of Court Clerk, Deputy Court Clerk or any position within the Court Clerk's Office of the Town of Bedford; and WHEREAS, application of Section 10 of the Municipal Home Rule Law would permit the Town Board of the Town of Wappinger to adopt a local law authorizing a similar exemption from the aforesaid residency requirement; and WHEREAS, the Town Board has determined that it is in the best interests of the welfare of the people of the Town of Wappinger to permit qualified, experienced and competent, albeit non-residents of the Town to serve within the office of Court Clerk of the Town of Wappinger, NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for adoption a Local Law of the Year 1991 in the form annexed hereto. 2. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself Lead Agency Pursuant to Article 8 ECL and the related Title 6, Part 617-NYCRR. 3. The Town Board has caused to be completed Part 1 and Part 2 of the short form EAF for this project, in the form annexed hereto. 4. The Town Board has reviewed the intended action with respect to the criteria set forth in 617.11 NYCRR and hereby determines that the intended action will not create any significant adverse impacts on the environment and hereby issues T] 145 a Negative Declaration of Significance for this project. 5. The Town Supervisor is hereby authorized to execute Part 3 of the short form EAF and further directs the Town to provide for the filing and distribution of same as provided by law. BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the proposed adoption of this Local Law of 1991 to be held at the Town Hall on the 8th day of July, 1991 at 6:50 o'clock in the afternoon and that the Town Clerk be directed to post and publish notice of the Public Hearing in the form annexed hereto. Seconded by: Councilman Fanuele Roll Call Vote: 5 Ayes 0 Nays A LOCAL LAW EXEMPTING THE RESIDENCY REQUIREMENT FOR THE POSITION OF DEPUTY COURT CLERK IN THE TOWN OF WAPPINGER JUSTICE COURT BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Legislative Intent. The Town Board acknowledges that Section 23(1) of the Town Law of the STate of New York requires every officer of the Town at the time of his appointment and throughout his term of office, to be an elector of the Town. Additionally, Section 3(8) of the Public Officers Law provides that those persons appointed to non - judicial positions in Town Justice Courts shall be a resident of such Town. However, by recent amendment to Section 3 of the Public Officers Law, the State Legislature has exempted the residency requirement for any position within the office of Court Clerk in the Town of Bedford, and specifically exempting a Deputy Court Clerk from the residency requirements thereof. Section 10 of the Municipal Home Rule Law of the State of New York authorizes a Town to adopt by a local law for its own purposes, any statutory provision, amendment or exemption which has been expressly authorized by the State Legislature for any other named town, thereby superseding general statutory provisions to the contrary. Town Law Section 20 also authorized the Town Board to appoint a Clerk of the Court upon the "advise and consent" of the Town Justices. Recently, the Town Board has received a request from the Town Justices seeking to appoint a person who is a non-resident to the Town of Wappinger to the position of Deputy Court Clerk. The Town Justices have noted that they know this person to be a skilled and qualified person having served in a similar capacity in another municipality in Dutchess County, New York. The purpose and intent of this Local Law is to enable the Town Bord to appoint a non-resident of the Town of Wappinger to the position of Deputy Court Clerk. Section 2. Exemption of Residency Requirement for Deputy Court Clerk. In accordance with the legislative intent noted above, the person or persons appointed to the position of Deputy Court Clerk of the Justice Court of the Town of Wappinger shall not be required to be a resident or elector of the Town of Wappinger in order to hold and serve such position. Section 3. Severability. In the event any portion of this Local Law is declared to be unenforceable by a court of competent jurisdiction, all of the remaining portions shall continue in full force and effect. 146 Section 4. Supersession. This Local Law is intended to supersede any contrary provisions contained in Twon Law Sections 20 and 23, or Public Officers Law Section 3(8). Section 5. 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. Mrs. Smith set a Special Meeting for July 8, 1991 at 6:55 P.M. for the purpose of authorizing the Supervisor to sign an agreement with the Tri -Municipal Commission Expansion Sewer Project. Unfinished Business --- Jerome Cauda was recognized and asked when the County Executive would be visiting us this year; the Supervisor replied that she would not be making her rounds this year probably because she was not running for re-election, however if he wanted to have this visit, she would contact the County Executive and request it. He declined this offer, saying that he would write to her himself. Mr. Fanuele asked again what the status of the completion of the Zoning Ordinance was. Mrs. Smith said they were still reviewing everything with Raymond Arnold, the Attorney and the Engineer; the document should be ready for the printer within two weeks. Mr. Valdati again brought up the matter of abandoned houses on Middlebush Road and Route 9D and another one on Middlebush near the soda company which he felt should be taken care of before someone is injured. He also referred to a pile of trash on Old Hopewell Road going east on the left side. The Highway Superintendent had already had the debris cleaned; it is a County Road and they intend to put up a guard rail and signs through that area, but in the meantime he was keeping it clean. The following Resolution was offered by SUPERVISOR SMITH who moved its adoption: WHEREAS, The Wicks Laws are a series of laws that require New York State and its,local government to award three separate contracts, electrical, plumbing and heating for public works projects. A fourth (4th) contract is usually awarded to a general contractor for the remainder of the work on a project and, WHEREAS, this method is the multiple contract system, versus the more commonly utilized single contract is awarded to a general contractor for all components of a project and, WHEREAS, the reform of the Wicks Laws would be a way to save taxpayers money and for the State and local governments to save hundreds of million dollars and, 147 WHEREAS, the Wicks Laws covers virtually every construction project by every local government and, WHEREAS, the Wicks Laws increases the administration cost related to review of bids, awarding contracts and processing payments are at least quadrupled due to four (4) separate contract, NOW THEREFORE BE IT RESOLVED, in light of the current fiscal crisis in New York State, the Town of Wappinger urges the reform of the Wicks Laws. Seconded by: Councilman Fanuele Roll Call Vote: 5 Ayes 0 Nays MRS. VISCONTI moved to authorize the Supervisor to forward this Resolution to our State Representatives urging them to initiate legislation to reform the Wicks Laws. Seconded by Mr. Fanuele Motion Unanimously Carried In regard to expenses of telephone bills, Mrs. Smith and the Comptroller have been checking the costs and noted that they have been paying $53.27 monthly for rental fees, totaling $1,278.48 yearly; if we purchased the telephones it would cost $853.69 total and Mrs. Smith recommended that we do this and save over $400. Mrs. Visconti asked if they did purchase the phones wouldn't that preclude us from receiving free maintenance. It sees that the lease arrangement we now have for the Highway telephones allows little or no free main- tenance. MRS. SMITH moved to authorize the Comptroller to make arrangements to purchase the phones for the Highway Department. Seconded by Mrs. Visconti Motion Unanimously Carried Mr. Incoronato questioned the status of a proposed easement through the Reese property for the Tri -Municipal project and was informed by the Engineer that this has been drawn up and maps and descriptions have been forwarded to the Attorneys for submittal to Albany for special legislation due to the fact that it involves recreation land. The Attorney noted that he will send this easement together with the one proposed on Montfort Road in one package for their consideration. At the last meeting the Town Clerk stated for the record that the Engineer had filed the Map, Plan and Report on Central Wappinger Water Improvement Area No. 2, in her office on that day. 148 MRS. VISCONTI moved to accept the Map, Plan and Report on the Central Wappinger Water Improvement Area No. 2. Seconded by Mr. Fanuele Motion Unanimously Carried The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, the Town Board has recently received a Map, Plan and Report entitled "Central Wappinger Water Improvement Area No. 2" dated May 23, 1991, prepared by Paggi and Martin, Consulting Engineers, 54-56 Main Street, Poughkeepsie, New York, and WHEREAS, said Map, Plan and Report proposes to authorize a water improvement to perform certain capital projects in the Central Wappinger Water Improvement Area, and WHEREAS, the Town Board has determined that it is in the best interest of the public health, safety and welfare of the people of the Town of Wappinger to perform such capital projects as proposed in the Map, Plan and Report. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby determines to establish a water improvement to be known as the Central Wappinger Water Improvement Area No. 2 as set forth in the Map, Plan and Report entitled "Central Wappinger Water Improvement Area No. 2" dated May 23, 1991, prepared by Paggi and Martin, Consulting Engineers, 54-56 Main Street, Poughkeepsie, New York, 12601, and hereby introduces for adoption an "Order Calling Public Hearing" in furtherance of the establishment of such water improvement. 2. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself Lead Agency Pursuant to Article 8 ECL and the Related Title 6, Part 616-NYCRR. 3. The Town Board has caused to be completed Part 1 and Part 2 of the short form EAF for this project, in the form annexed hereto. 4. The Town Board has reviewed the intended action with respect to the criteria set forth in 617.11 NYCRR and hereby determines that the intended action will not create any significant adverse impacts on the environment and hereby issues a Negative Declaration of Significance for this project. 5. The Town Supervisor is hereby authorized to execute Part 3 of the short form EAF and further directs the Town Clerk to provide for the filing and distribution of same as provided by law. BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Public Hearing on the proposed water improvement to be held at the Town Hall on the 22nd day of July, 1991, at 7:20 in the afternoon and that the Town Clerk be directed to publish notice of Public Hearing in the manner required by law. Seconded by: Councilman Fanuele Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted The following Resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: In The Matter of A Proposed Water Improvement in teh Town of Wappinger, Dutchess County, New York, Pursuant to Article 12-C of the Town Law to be Known as Central Wappinger Water Improvement Area No. 2 ORDER CALLING PUBLIC HEARING 149 WHEREAS, a Map, Plan and Report including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the purchase and installation of certain water source supply, distribution and chlorine contact components and the relocation and reconstruction of certain existing well casings to serve a benefitted area in said Town to be known as Central Wappinger Water Improvement Area No. 2 whose boundaries shall consist of the same areas currently within the Central Wappinger Water Improvement Area, as more fully shown upon a map on file in the office of the Town Clerk, which map is available for inspection by any person or persons interested in same during regular office hours at said office; and WHEREAS, said Map, Plan and Report including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof; and WHEREAS, the capital improvements proposed in connection with the establishment of the Central Wappinger Water Improvement Area No. 2 of the Town of Wappinger are the purchase and installation of certain water source supply, distribution and chlorine contact components comprised of pressure piping, gate valves, pipes, pumps, wet taps, control panels, and other incidental appurtenances and expenses in connection therewith and the relocation and reconstruction of certain existing well casings and incidental appurtenances and expenses in connection therewith, at a maximum estimated cost of $375,760; and WHEREAS, said cost shall be authorized to be financed by the issuance by the Town of Wappinger of its serial bonds with a maximum maturity not in excess of the period prescribed by the Local Finance Law; and WHEREAS, said cost is not greater than one-tenth of one per centum of the full valuation of taxable real property in the area of the Town of Wappinger outside of any villages; and WHEREAS, It is proposed that the cost of the aforesaid improvements shall be borne by the real property in said Central Wappinger Water Improvement Area No. 2 by assessing, levying upon and collecting from the several lots and parcels of land within such Water Improvement Area, outside of any village, which the Town Board shall determine and specify to be especially benefitted by the improvements, an amount sufficient to pay the principal and interest on serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due and payable; and WHEREAS, the aforesaid improvements have been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and 150 WHEREAS, it is now desired to call a public hearing for the purpose of considering said Map, Plan and Report and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law, NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A public meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 22nd day of July, 1991 at 7:20 o'clock P.M. Prevailing Time, to consider the aforesaid plan, report and map and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the Southern Dutchess News and also to post a copy thereof on the Town signboard maintained by the Twon Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisons of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. Seconded by: Councilman Fanuele Roll Call Vote: 5 Ayes 0 Nays Order Duly Adopted There was no other business to come before the Board. MR. INCORONATO moved to close the Public Hearing, seconded by Mrs. Visconti and unanimously carried. The Meeting adjourned at 8:20 P.M. , �� &,,A, Elaine H. Snowden Town Clerk Reg. Mtg. 6/24/91 T, I • NEW YORK STATE DEPARTMENT OF STATE LO :ar LaW Filing162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) t 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. I M EX of.....WAPPINGER. Town......................................... : ...................................................................... Local Law No.................6.................................. of the year 19 91.. A local law ...Reciulating.,Traffic and .Parking within the Town •of_Wappinger . ... ...... . ...... (Insert Till.) Beit enacted by the ...Town Board..............................................................................................of the (Name of Legislative Body)•' X4Xof ......... WAPPINGER...... ........................................................................................................ as follows: Town TEXT COMMENCES ON NEXT PAGE. (If addillonal space is needed, attach pages (lie same size as tris sheet, and number each.) A LOCAL LAW REGULATING TRAFFIC AND PARKING WITHIN THE TOWN OF.WAPPINGER Section 1. Legislative Intent. a) The Town Board has previously received recommendations from the Superintendent of Highways to regulate traffic and parking on certain public highways and streets within the Town of Wappinger. In consequence of those recommendations, the Town Board has adopted Local Law #9 of 1971, Local Law #6 of 1977, Local Law #3 of 1978, Local Law. #3 of 1979, Local Law #3 of 1982, Local Law #4 of 1982, Local Law #6 of 1982, Local Law #9 of 1982, Local Law #3 of 1984, Local Law #3 of 1985, Local Law #4 of 1985, Local Law #3 of 1986, Local Law #13 of 1987, Local Law #15 of 1987, Local Law #1 of 1988, Local Law #13 of 1988, Local Law #1 of 1989, Local Law #4 of 1989, Local Law #7 of 1989, Local Law #8 of 1989, Local Law #2 of 1990, Local Law #3 of 1990, and Local Law #4 of 1990. In addition, the Town Board has recently received recommendations from the Superintendent of Highways to establish the following six (6) additional full stop streets: River Road North at its intersection with Bank Street; Skytop Drive at its intersection with River Road North; Pye Lane at its intersection with Montfort Road; Rosewood Drive at its intersection with Cedar Hill Road; Wheelerhill Road at its intersection with Old State Road; and Edgehill Drive at its intersection with Brothers Road. b) The Vehicle and Traffic Law has also been amended to permit 1 $, %owns to increase the maximum penalty for traffic infractions. LIoccord ingly, the Town Board has determined that it is in the best interests of the public health, welfare and safety of the people of the Town of Wappinger to consolidate into one local law for ease of administration all traffic and parking regulations heretofore created by prior Local Laws pertaining to public areas, Town and County Highways located in the Town and to increase the maximum penalty that may be imposed for infractions of these regulations as authorized by Section 1800 of the Vehicle and Traffic Law.' Section 2. Definitions. The definitions set forth in Article 1 of the Vehicle and Traffic aw of the State of New York, as the same may be'amended from time to ime, are hereby adopted as applicable to this Local Law. Section 3. Full Stop Streets. The following roads and highways in the Town of Wappinger are hereby designated as full stop streets and intersections, and all vehicles shall come to a full stop and shall observe any posted stop sign at the intersections hereinafter described before entering the intersection: Cooper Road at its intersection with Smithtown Road; Smithtown Road at its intersection with Cooper Road; 2 Cooper Road at its intersection with Old Route 9; New Road at its intersection with Old Route 9; Stagedoor Road at its intersection with Old Route 9; Boxwood Close at its intersection with Park Hill Drive; Larmel Court at its intersection with Park Hill Drive; Shadybrook Lane at its intersection with Park Hill Drive; Mocassin Drive at its intersection with Park Hill Drive; Fieldstone Court at its intersection with Spook Hill Road; Tor Road at its intersection with Sylvia Drive in both directions; Alpert Drive at its intersection with Sylvia Drive in both directions; Granger Place at its intersection with Alpert Drive; Carroll Drive at.its intersection with Balfour Drive in both directions; Balfour Drive at its intersection with Scott Drive in both directions; Scott Drive at its intersection with Carroll Drive.in both directions; Ardmore Drive at its intersection with Spook Hill Road; Appleblossom Lane at its intersection with Pine Ridge Drive; Dorothy Lane at its intersection with Cedar Hill Road; Wildwood Drive at its intersection with Widmer Road; Malstorme Road at its intersection with Widmer Road; Quarry Drive at its intersection with Widmer Road; _j St. Nicholas Road at its intersection with Widmer Road; 3 Bank Street at its intersection with River Road North; River Road North at its intersection with Old State Road; Smith Crossing Road at its intersection with Diddell Road; Brothers Road at its intersection with Gold Road; Gold Road at its intersection with Montfort Road; Roberts Road at both its northerly and southerly intersections with Spook Hill Road; Reggie Drive at both its northerly and southerly intersections with Spook Hill Road; North River Road at its intersection with Bank Street; Skytop Drive at its intersection with North River Road; Daley Road at its intersection with Maloney Road; Maloney Heights Road at its intersection with Maloney Road; Scott Drive at its intersection with Doyle Drive in both directions; Doyle Drive at its intersection with Scott Drive; Bowdoin Lane at its intersection with Wheeler Hill Road; Amherst Lane at its intersection with Wheeler Hill Road; Old State Road (Reeves By-pass) at its intersection with River Road North; Skytop Drive at its intersection with River Road North; Lake Drive at its intersection with River Road North; Theresa Boulevard at its intersection with Cedar Hill Road; Springhill Court at its intersection with Diddell Road; Sabia Drive at its intersection with Diddell Road; Kretch Circle at its intersection with Fleetwood Drive; 4 Michael Drive at its intersection with Eck Road going East; Nancyaleen at its intersection with Spook Hill Road; Mina Drive at its intersection with Spook Hill Road; Aladdin Court at its intersection with Losee Road; Bellair Lane at its intersection with Aladdin Court; Orange Court at its intersection with Bellair Lane; Losee Road at its intersection with Sucich Place in both directions; Sucich Place at its intersection with Lo'see Road; Applesauce Lane at its intersection with Kent Road; Baldwin Drive at its intersection with Kent Road; Pippin Lane at its intersection with Kent Road; Cady Lane at its intersection with Kent Road; Fenmore Drive at its intersection with Kent'Road; Sachson Place at its intersection with Kent Road; Grace Court at its intersection with Bell -Air Lane; Bell -Air Lane at its intersection with Mina Drive; Nancyaleen Drive at its intersection with Mina Drive; Scotse Road at its intersection with Mina Drive; David Loop at both its northerly and southerly intersections with Mina Drive; Stanley Lane at its intersection with Mina Drive; Stanley Lane at its intersection with Reggie Drive; Reggie Drive at its intersection with Stanley Lane in both directions; Central Avenue at its intersection with Kent Road; 5 Kent Road at its intersection with Easterly Lake Oniad Drive going east; Kent Road at its intersection with Easterly Lake Oniad Drive going west; Lake Oniad Drive East at its intersection with Kent Road; Bungalow Lane at its intersection with Kent Road; Lake Oniad Drive West at its intersection with Kent Road; Lake Oniad Drive West approaching Kent Road at its intersection with Plaza Road; Foxhill Road at both its easterly and westerly intersections with Lake Oniad Drive; Bungalow Lane at its intersection with Lake Oniad Drive; Central Avenue at its intersection with Ervin Drive; Plaza Road at its intersection with Central'Avenue; Pye Lane at its intersection with Montfort Road; Rosewood Drive at its intersection with Cedar Hill Road; Wheelerhill Road at its intersection with Old State Road; and Edgehill Drive at its intersection with Brothers Road. Section 4. Yield Streets. The following roads and highways are hereby designated as yield streets at the following intersections, and all vehicles shall yield the right of way, stop if necessary, and otherwise obey a posted yield sign in the manner prescribed by the Vehicle and Traffic Law, to any /pedestrian or vehicle in the intersection, before entering said 6 '.ntersection:. Ada Drive at its intersection with Michael Drive. Section 5. No Parking, Standing or Stopping. The parking, standing or stopping of any vehicle is hereby prohibited at any of the following locations: a) At all times on both sides of Widmer Road, Town of Wappinger, for a distance of 300 feet measured in both directions from the center line of the driveway entrance/accessway to the catering establishment presently known as Villa Borghese; b) Along the most southerly, most easterly and most northerly outer perimeters of Regency Drive in the Town of Wappinger at the following times: on Saturdays only between the hours of 9 a.m. and 4 p.m. from April 1 to June 30, and from September 1 to November 30 in each year; III c) Along the most southerly, most easterly and most westerly outer perimeters of Ervin Drive and Blackthorn Loop in the Town of Wappinger at the following times: on Mondays through Fridays only between the hours of 8 a.m. and 4 p.m. from January 1 through June 30 and from September 1 to December 31 in each year, except legal holidays as defined by the General 7 Construction Law; d) The median separating the lanes of travel -on Wildwood Drive in the Town of Wappinger; e) On both sides of All Angels Hill Road commencing at its intersection with NY Route 82 northerly to its intersection with Park Hill Road; f) In that area beginning at the intersection of Bank Street on River Road North, in the Hamlet of Chelsea, and thence running along the Westerly side of River Road North for a distance of 630 feet; g) In that area commencing at the Town of Wappinger Chelsea Boat Ramp, on the east side of Front Street between said Town of Wappinger Chelsea Boat Ramp to its intersection with Bank Street; h) Along the northerly side of Hamlet Court and in both the inner and outer perimeter of the circle at the end of Hamlet Court, except in properly designated and marked parking spaces in said circle; i) Beginning at the intersection of Old Route 9 and Old Hopewell Road (R.R. 28) and proceeding northerly along the easterly f ; 8 side of Old Route 9 for a distance of 160 feet; J) Beginning at the intersection of Osborne Hill Road (C.R. 35) and Ketchamtown Road and proceeding westerly along the southerly side of Ketchamtown Road for a distance of 500 feet; k) Beginning at the intersection of Route 9D and Marlorville Road and proceeding westerly along both sides of said Marlorville Road for a distance of 200 feet; 1) In areas designated for parking by handicapped drivers unless such a vehicle has and displays a parking permit for a handicapped person duly authorized in the manner prescribed by Section 1203-a of the Vehicle and Traffic Law. Section 6. Authority to Install Traffic Control Devices. The Superintendent of Highways of the Town of Wappinger shall install and maintain traffic control devices when and as required under the provisions of this Local Law to make effective the provisions of said Local Law and may install and maintain such additional traffic control devices as he may deem necessary to regulate, warn or guide traffic under the Vehicle and Traffic Law of the State of New York subject to the provisions thereof. E Section 7. Posting Requirements. Any signs authorized by this Local Law to be installed shall be of the type specified and shall be erected and maintained pursuant to the pertinent posting requirements of the Vehicle and Traffic Law of the State of New York, regulations promulgated thereunder and any other statutes and regulations of the State of New York prescribing conditions for the installations of such signs. Section 8. Removal and Storage of Vehicles. a) When any vehicle is: 1) parked or abandoned on any public highway within the Town of Wappinger during a snowstorm, flood; fire or other public emergency; 2) is found unattended on any highway within the Town of Wappinger where said vehicle constitutes an obstruction to traffic; 3) is parked or abandoned on any public highway within the Town of Wappinger where stopping, standing or.parking is prohibited; or 4) is otherwise parked in violation of this Local Law, the Dutchess County Sheriff, Zoning Administrator, Highway Superintendent, Fire,Inspector and Town Constable of the , Town of Wappinger or their designees, may cause such vehicle to be removed. 10 b) After removal of any vehicle as provided above, the person L'Icting on behalf of the Town may cause the storage of such vehicle in a suitable place at the expense of the owner. Such owner or person in charge of the vehicle may redeem the same upon payment to the Town Clerk of the,Town of Wappinger of the amount of all reasonable expenses actually and necessarily incurred in affecting such removal together with any charges for storage. c) The person acting on behalf of the Town as provided above shall without delay report the removal and disposition of any such vehicle removed to the Town Clerk of the Town of Wappinger. The Town Clerk shall ascertain, to the extent possible, the owner of such vehicle or the persons having charge of such vehicle and notify the owner of the removal and disposition of such vehicle and the'amount LV hich shall be required to redeem same to the extent that such amount can be calculated at the time of such notice. Such notice shall be in writing and shall be mailed to the address ascertained by the Town Clerk to be the address of the owner having charge of such vehicle. d) Nothing herein contained shall limit the right of enforcement of this Local Law solely to removal and storage pursuant to this section. Section 9. Enforcement. In addition to the authority to remove and store vehicles as set -forth in Section 8 above, the Dutchess County Sheriff, Zoning dministrator, Highway Superintendent, Fire Inspector and Town Constable of the Town of Wappinger or their designees, shall be authorized and empowered to.issue or cause to be issued an appearance ticket for any violation of any of the provisions of this Local Law, returnable in the Justice Court of the Town of Wappinger, or any other Court of competent jurisdiction. Section 10. Penalties for Offenses. A person operating any vehicle failing to observe the stop signs or other traffic control devices herein described, or the owner or operator of any vehicle which is otherwise in violation of this Local Law, shall be subject to punishment by a fine of'not more than One undyed ($100.00) Dollars or by imprisonment for not more than fifteen (15) days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of eighteen (18) months, such person shall be punished by a fine of not more than Two Hundred ($200.00) Dollars or by imprisonment for nod more than forty-five (45) days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of eighteen (18) months, such person shall be punished by a fine of not more than Three Hundred ($300.00) Dollars or by imprisonment for pot more than ninety (90) days or by. both such fine and imprisonment. 12 Section 11. Rescission of Prior Local Laws. Local Law #9 of 1971, Local Law #6 of 1977, Local Law #3 of 1978, Local Law #3 of 1979, Local -Law #3 of 1982, Local Law #4 of 1982, Local Law #6 of 1982, Local Law #9 of 1982, Local Law #3 of 1984, Local Law #3 of 1985, Local Law #4 of 1985, Local Law #3 of 1986, Local Law #13 of 1987, Local Law #15 of 1987, Local Law #1 of 1988, Local Law #13 of 1988, Local Law #1 of 1989, Local Law #4 of 1989, Local Law #7 of 1989, Local Law #8 of 1989, Local L'aw #2 of 1990, Local Law #3 of 1990, and Local Law #4 of 1990 are hereby rescinded, except that this rescission shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance or Local Law hereby rescinded prior to the taking effect of this Local Law. Section 12. Severability. In the event any portion of this Local Law is declared to be unenforceable by a court of competent jurisdiction, all of the remaining portions shall continue in full force and effect. Section 13. 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. r 13 (Complete the certification in the paragraph that applies to the filing of this local IAW and strike out that ►►•hick is not applicable.) i (Final adoption by local legislative body only.) 1 -hereby certify that the local law annexed hereto, designated as local law No. • 6 of 1991 of the (XX%WX 1Z:k)()(Town)(XisiMM of WAPPINGER was duly passed by the Town Bard on June 24th 19 91 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 19 of the (County)(City)(Town)(Viliage) of was duly passed by the on 19and was (approyed)(not disapproved)(repassed after ame o egu atrve o y disapproval) by the and was deemed duly adopted on 19_, (Elective a Executive titer 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 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)(not disapproved)(repassed after Name of Legislative Body Lisapproval) by the on 19_. Such local law was Elective Chief Executive Officer submitted to the people by reason of a (mandatory)(pej•missive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 19_, in accordance with the applicable provisions of law. . 4. (Subjgct to permissive referendum and final adoption because no valid petition was filed requesting referndum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)(not disapproved)(repassed after (Name of Legislative•Bo y disapproval) by the on 19_ Such local law was subject to (Elective Chief Executiveofficer') permissive referendum and no valid petition requesting such referendum was filed as of 19_, in accordance with the applicable provisions of law. Elective Chief Executive Officer means or includes [lie chief executive officer of a county elected on a Lr ounty-wide basis or, If there be none, the chairman of the county legislative body, the mayor of a city village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) S. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 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 . 19_, 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 19 of the County of , State of New York, having been submitted to the electors at the General Election of November 19_, 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 cities of said county as a unit and of 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 forin of final adoption has been followed, please. provide an appropritate cer(ification.) 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 indicated in paragraph l' , above.--,,. (Seal) or officer demignated by local legiliative body ELAINE SNOWDEN, Town Clerk Date: Junp- 25t -h, 199 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF DUTCHESS 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 the local law annexed hzrGte..—__ _ ure • - ' • • - *32 WNW •W 2 eT---M Ve7r, T=own of I(AA C WAPPINGER Date: June 25th. 1991 WbYI--Tent 12 PAOJECT I.D. NUMBER 617,21 SEAR Appendix C Sleto Environmental Ouallty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only L__,AT I --PROJECT INFORMATION (To be complalod by AppilCBrtt or Project sponsor) 1. APPLICANT rSPON90A 2. PROJECT NAME TOWN OF WAPPINGER ,Local Law #,6 of the Year 1991 3, PROJECT LOCATION: _ MuniclCallty TOWN OF WAPPINGER You„Iy DUTCHE_SS - --_ A, PAECISE LOCATION (Street adorers ana roao ini;rSacticns, pi4m rant ia14rnA(k3. VC., or provide map)�Y Town and County highways located in the Town of Wappinger S. IS PROPOSED ACTION: IRI New 0 ErPansion Mddl!I:alianrnheraa.� —� _ S. UEs-CRtBE PgOJEGT BRIEFLY: ..".""•"""'--'—_.._.___�..._.._.�..._.._.. .�..__._,_ A local law regulating traffic and parking within the Town of Wappinger ?. AMOUNT Oi LANU AFFECTED: Not Applicable er•.Ies UItVtlate!y acres _ __ 8, WILL PROPOSED ACTION COMPLY WITH EX;STI�VG ZONING OR '_ rim EXISTING LAND USE RESTRICTIONS? ED Yes C1 No n No, descnbe btlerly Not Applicable 1'/MP.7 IS PRESENT LANO USF IN VIL'!NITY OF PHOIECI"1 a Par�FrC0p�en space reC1 fes�etfal LIn.;uetnel 1`7 '6._ C.AgNCulprre , Other Describe. Not Applicable 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNOING,-NOW CUP.ULTIMATE_Y F iO&! ANY OTMER G0VERNMEN'rAL A3ENCY (a EDERAL, STATE OA LOCAL)? yes No It yes, list ageney�S) ane, perrmVapP.o:ats Not Applicable _ 11. GOES ANY ASPECT OF THiYA'MCN HAVE A CORA=NTLY VALt-J sERMIT OR APPROVAL? r^ L_1 Yes 0 No 3 ves, list agency name ano Vt,rnitliip010'18I Not Applicable 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMirIAPPg0'/AL FEQUIRE MOO:FICATION? Dyfis ❑No Not Applicable I CEATIFY THAT THE INFORMATION PROVIDED ALOVC IS TRUE TO TH'e BEST OF MY KNOWLEDGE Applicant sponsor, name: C4]. th'___TQ_ M__S.l1nP�sox- Date: May , 1991 If the action is in the Coastal Arca, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 pAwr t;--•'-NVIRONmr-NTAL ASS1_SSML'N'T (To tie colnpletel by Agency) I A. UOES ACTION EXCEED ANY TYOL PE I TMAESHD IN 6 NYCriA, PART ft7.72^ �t No B. 1I yes, coorcina:t the review Process ano use Ine FULL EAF. J f�x Its V41LL ACTION RFCEIVE COd,ADINATED REVIEW A5 PROVIDED FOR QW-ISTCD ACTIONS IN 6 NYCAA, FF,AT 617.67 It No, a negative aeclarahon nay be suPerstd0d oy antitntr involved ag4rcy. U Yes '111 No--- OULD ACTION RESULT IN ANY ADVERSE EFFECTS AS5CCU,1 EU vVITN TME PCILLOVANG• Wtiv.ers may of nandwr!tten, If teglolel 0*,. Existing au QUilhly, 1,01190 Of groundwater .ual{ly or ovanbty noise levels, existing Ira11IC patterns, �olld vJasta prOOUCtIon Or dlsposa,. potential for erosion, drainage of flooding problems? E;4piallt brtatly: Not Applicable C2. Aestnatrt, agriCultufil, atCnaenloglt31, nistorlo, or emor natural or aultufal resOurCOs, Or Conlrnunlly of oeignborhood Cha(aeter? Explain briefly: Not Applicable CJ Vegetation or fauna. usn, Shatlllsn or wi;dlila spsC16a. Rlynt!;Cant naDilBlG, Cr threaten" or inoangefed APoe,es7 Explain briefly: Not Applicable >omc by uvr)ctto. � t a cnange in use or Inter city of use of find Or oltter natural resoufc90 Explain Wally. Ca. A eotnmunny's Expl plans 01gCals 49 Not Applicable C5. VrCw10, auoseCuent develovrneni, of (elated aelivilles 111191y 10 0e mduCed by the p(CpeSdd acttoni Explain briefly. Not Applicable Cs. Lo')g term, anon term, cumutatwc, or otnei 4fleetr, net iaantIlled rn Ct•CS) EADImn Wlefty. Not Applicable ;7. Gtner im?seta pncluding ehanseS In use of elther ouar+diy Cr type of energy)7 Explain orletly. Not Applicable •---- ---�-� POTL14TIAL AGVERSEjN 4R0t4MENTAL IMPAGr57 �D. IS TN[RL•, CR !s THERE LIKELY 1.4 6r, contaov_r't5'r RLLAiE7 T d LJ Yes ]ONO II Yes, explain b(lefly PART III—DETERMINATION OF SIGNIFICANCE (TO t)e completed by Agency) INSTRUCTIONS: For encn adverss etlett i4ennlied ar,o+o, dot arm !no whetherur7an `prsr ralan(b) IProbAblfliarge. in! v� of8nt occuroring: (cl duise 'ration; (a) Each effect should be asset$ad In ronnecllun Whin Its (t,; Salting IrrevArs,Dihty; (e) geographic scope: arra In rnsgrlllude. if neceb,ary, add attai:hme is or reference Supporting mctenats. Ensure that axplaY,ation5 Contain sufficient dc;a!I ;o snow that a{I relevant adverse IMpacte r,.a•:e peon idenufled and adequately addressed. Q CheCK this box if you have i4.ntifier_; crus or more potentlaily large or significant adverse impacts �Nhich MAY occur, Then proceed directly to the f=U11.L EAP andlor prepare a positive declaration. (� Check this box It you have determined, t:rased on ;he Information and ap..alysis above and any supporting documentation, that the proposed action WILL 140T result in any significant adverse environmental impacts AND provide on attacnme.nts as necessary, the reasons supporting this determination: Town of Wappinger. Altncy Constance 0. Smith %nnt o me of . so � e ui Laaa tite�tiv Sona re yr etpon„N,e Otncer m tea,o Asenc, May , 1991 ALBERT P�-ROBERTS Town Supervisor i�,tniwre of Preparer t1r aeterent rfom rerPOns�ole ern:al P ..; r� A LOCAL LAW REGULATING TRAFFIC AND PARKING WITHIN PRIVATELY OWNED AREAS IN THE TOWN OF WAPPINGER Section 1. Legislative Intent. a) The authority to regulate parking areas and driveways of hospitals, shopping centers, private apartment complexes, fire stations, private condominium complexes, industrial parks, and industrial complexes is set forth in Section 1660-a of the Vehicle and Traffic Law. b) The Town Board has heretofore received various recommendations from the Superintendent of Highways, the Fire Inspector, and owners of private property to regulate traffic and parking on certain areas under private control or ownership within the Town of Wappinger. In consequence of those recommendations, the Town Board has adopted Local Law #2 of 1978, Local Law #2 of 1979, Local Law #8 of 1979, and Local Law #3 of 1981. Vehicle and Traffic Law Section 1800 has been recently amended to permit towns to increase fines for traffic infractions. Accordingly, the Town Board has determined that it is in the best interests of the public health, welfare and safety of the people of the Town of Wappinger to consolidate all traffic and parking regulations pertaining to privately owned property and areas, heretofore created by prior Local Laws, into one Local Law for ease of administration and to increase the maximum fines for infractions of this Local Law as authorized by Section 1800 of the Vehicle and Traffic Law. 1 Section 2. Definitions. The definitions set forth in Article 1 of the Vehicle and Traffic Law of the State of'New York, as the same may be amended from time to time, are hereby adopted as applicable to this Local Law. Section 3. No Parking, Standing or Stopping. Parking, standing or stopping of any vehicle is prohibited in any of the following locations: a) In lanes marked "Fire Lanes", "Safety Lanes", or areas marked "No Parking" within those parking areas and driveways maintained by Village Crest Apartments, its successors or assigns; b) In lanes marked "Fire Lanes", "Safety Lanes", or areas marked "No Parking" within those parking areas and driveways maintained by White Gate Apartments, its successors or assigns; c) In lanes marked "Fire Lanes", "Safety Lanes", or areas marked "No Parking" within those parking areas and driveways maintained by Woodhill Green Condominiums 2 (formally "Scenic Garden Apartments"), its successors or assigns; d) In lanes marked "Fire Lanes", "Safety Lanes", or areas marked "No Parking" within those parking areas and driveways maintained by Wappinger Plaza, its successors or assigns; e) In areas designated for parking by handicapped drivers unless such a vehicle has and displays a parking permit for a handicapped person duly authorized in the manner prescribed by Section 1203-a of the Vehicle and Traffic Law. Section 4. Posting Responsibility and Requirements. It shall be the responsibility of the owners of the aforementioned private property and areas, their successors or assigns, to construct and maintain signs and other markings appropriate to identify "Fire Lanes", "Safety Lanes", or areas marked "No Parking" and to provide notice of tow -away restrictions and fines. Said signs shall conform to the uniformed standards prescribed by the New York State Department of Transportation to the extent provision is made for such signs. Fire lanes shall be located in those areas designated by the Fire Inspector and/or Fire Chief in whose jurisdiction such lanes lie. C Section 5. Removal and Storage of Vehicles. a) When any vehicle is: 1) parked or abandoned on any property under private control or ownership within the Town of Wappinger during a snowstorm, flood, fire or other public emergency and removal of such vehicle is reasonably necessary for the performance of emergency procedures; 2) is found unattended on any property under private control or ownership within the Town of Wappinger where said vehicle constitutes an obstruction to traffic; 3) is parked or abandoned on any property under private control or ownership within the Town of Wappinger where stopping, standing or parking is prohibited; or 4) is otherwise parked in violation of this Local Law, the Dutchess County Sheriff, Zoning Administrator, Highway Superintendent, Fire Inspector and Town Constable of the Town of Wappinger or their designees, may cause such vehicle to be removed. b) After removal of any vehicle as provided above, the person acting on behalf of the Town may cause the storage of such vehicle in a suitable place at the expense of the owner. Such owner or person in charge of the vehicle may redeem the same upon 4 payment to the Town Clerk of the Town of Wappinger of the amount of all reasonable expenses actually and necessarily incurred in affecting such removal together with any charges for storage. c) The person acting on behalf of the Town as provided above shall without delay report the removal and disposition of any such vehicle removed to the Town Clerk of the Town of Wappinger. The Town Clerk shall ascertain, to the extent possible, the owner of such vehicle or the persons having charge of such vehicle and notify the owner of the removal and disposition of such vehicle and the amount which shall be required to redeem same to the extent that such amount can be calculated at the time of such notice. Such notice shall be in writing and shall be mailed to the address ascertained by the Town Clerk to be the address of the owner having charge of such vehicle. d) Nothing herein contained shall limit the right of enforcement of this Local Law solely to removal and storage pursuant to this section. Section 6. Enforcement. In addition to the authority to remove and store vehicles as set forth in Section 5 above, the Dutchess County Sheriff, Zoning Administrator, Highway Superintendent, Fire Inspector and Town Constable of the Town of Wappinger or their designees, shall be 5 authorized and empowered to issue or cause to be issued an appearance ticket for any violation of any of the provisions of this Local Law, returnable in the Justice Court of the Town of Wappinger, or any other Court of competent jurisdiction. Section 7. Penalties for Offenses. A person operating any vehicle in violation of the Local Law herein described, or the owner or operator of any vehicle which is otherwise in violation of this Local Law, shall be subject to punishment by a fine not more than One Hundred ($100.00) Dollars or by imprisonment for not more than fifteen (15) days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of eighteen (18) months, such person shall be punished by a fine of not more than Two Hundred ($200.00) Dollars or by imprisonment for not more than forty-five (45) days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of eighteen (18) months, such person shall be punished by a fine of not more than Three Hundred ($300.00) Dollars or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment. Section 8. Rescission of Prior Local Laws. 6 Local Law #2 of 1978, Local Law #2 of 1979, Local Law #8 of 1979, and Local Law #3 of 1981 are hereby rescinded, except that this rescission shall not affect or prevent the prosecution of punishment of any person for any act done or committed in violation of any ordinance or Local Law hereby rescinded prior to the taking effect of this Local Law. Section 9. Severability. In the event any portion of this Local Law is declared to be unenforceable by a Court of competent jurisdiction, all of the remaining portions shall continue in full force and effect. Section 10. 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. 7 Le SECTION 1, LEGISLATIVE INTENT The Town Board recognizes the proliferation of the illicit use of drugs, narcotics and controlled substances in our society as one of the most threatening and dangerous problems facing our youth. The Town Board has supported programs which educate our young people about the dangers of the illicit use of drugs, narcotics and controlled substances and supports those programs which prevent these problems before they begin. The New York State Division of Substance Abuse Services supports enacted legislation which allows municipalities to create "DRUG FREE" zones in areas near schools, noting that such "DRUG FREE" zones create an atmosphere and attitude against the use of drugs and gives the moral support to those young people who wish to resist the use of illegal narcotics. The Town Board acknowledges that Title 21 of the U.S. Code, Section 845A provides for increased penalties for those persons who manufacture, sell or distribute narcotics, controlled substances and marijuana within 1000 feet of a public or private elementary school location or secondary school or public or private college, junior college or university or within 100 feet of a playground, public or private youth center, public swimming pool or video arcade facility, and that similar provisions exist within the New York State Penal Code. Therefore, the Town Board of the Town of Wappinger hereby expresses its support for the implementation of a "DRUG FREE" zone program by authorizing the construction and installation of appropriate signs around schools, playgrounds, public or private youth centers, public swimming pools, video arcade facilities that are located on or adjacent to public highways. SECTION 2. INSTALLATION OF SIGNS The Town Board hereby authorizes the erection of signs ai.uiiy iow;L highways, and any other public highway when so authorized by Dutchess County, the New York Department of Transportation or any other governmental body having jurisdiction over a public highway, signs containing the following words "DRUG FREE ZONE" as follows: 1. within 1000 feet of a private or public, elementary, vocational or secondary school or a public or private college, junior college or university; or 2. within 100 feet of a playground, public or private youth club, a public swimming pool, or video arcade facility. SECTION 3. AUTHORITY TO INSTALL SIGNS The Superintendent of Highways of the Town of Wappinger shall install and maintain said signs as required under the provisions of this Local Law. SECTION 4. POSTING REQUIREMENTS Any signs authorized by this Local Law to be installed shall be erected and maintained pursuant to the pertinent requirements of the Vehicle and Traffic Law of the State of New York, the Regulations promulgated thereunder and any other statutes and Regulations of the State of New York prescribing conditions for the installation of signs along public highways. SECTION 5. SEVERABILITY In the event any portion of this Local Law is declared to be U unenforceable by a court of competent jurisdiction, all the remainder shall remain in full force and effect SECTION 6. EFFECTIVE DATE This Local Law shall take effect immediately upon adcpti;,-n and filing as provided by Municipal Home Rule Law. 0 A Public Hearing was held by the Town Board of the Town of Wappinger on June 24, 1991, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law Regulating Traffic and Parking within the Town of Wappinger. Supervisor Smith opened the Hearing at 7:00 P.M. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer 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 of the Minutes of this Hearing). There were no comments made by the Town Board. Mrs. Smith asked for questions or comments from the public on the proposed Local Law. No one spoke either for or against the Local Law. MR. VALDATI moved to close the Public Hearing, seconded by Mr. Fanuele and unanimously carried. The Hearing closed at 7:01 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER 104 NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW REGULATING TRAFFIC AND PARKING WITHIN THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn deposes and 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 June 12, 1991, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Regulating Traffic and Parking Within the Town of Wappinger on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Middlebush Road, Twon of Wappinger, Dutchess County, New York. 0 Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this 24th of 1991. NOTARY P IC Nei J. LEVENSON IWft $1ate of New York Na Opl�pNtlOA ll pl' April 30, — , �v Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. _ -- --- prlsonment ahaN'incratue ,i................................................................. auhsequent vblatbrro. t n» Pr for ed Low al, taw A: and ending on the . 2th..... day of JPng. providelf for removel, etora�e • • • • • • . • . �• redamptIm of cwuonjveMiiMs IP, WPEASE il TAKE FURTHER�2 19.9.1 both days inclusive. that 00PIN Of this OW I Law ofNOTICE991 we avalfabM for rsvlawi . and incerIon at tM Stroma l Town C rk on weekdays, a.m. to 4:00 pp.m: • BY ORDER OF THE TOWN BOARD • • • • • • .. .... .. . OF THE TOWN OF WAPPINOER EW TOW�C F -N DATED: JUNE S. 1991 ' Subscribed and sworn to before me this ....12th . day of.... .Ju e�Q..''...1l �9.91. Notary Public My commission expires ................................. RACHEL WISHART NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN OUTCI IESS COUNTY k 14-4855902 COMMISSION EXPIRES MARCH 31, 1 ............. Joan Miller .................... of the ...................... HOTIce of Pueuc HEARING Town of Wappinger, Dutchess County, New York, i"'+ TOWN OF WAPPINQER NOTICE IS HEREBY GIVEN that do Town Board of the Town of Wap being Y dul sworn, says that he is, and at the several bow2lf4dur cat a Public HswM a'70me Town n01 I times hereinafter was, the ..... Bookkeeper.....JH Wp" Mkfdkbwh P.O. W Fair, " York�, of the SOUTHERN DUTCHESS NEWS, a which CNIZON aw hive an opPorhmit l M' be heard as to whether the Town and published ever Wednesday newspaper rl p Y Y Board of 9» Tow„ a WaPPI,w•rprinted shelf adopt a Proposed "local Law Rsyulai VTrafficandPa!kkgw", = in the Town of Wappinger,New Dutchess Count Ys the Town of.wapAfKlnprr T . PLEASE '`E FURTHER;, NOTICE that On waves LOCO) Law of 1991 is summAiiind below: York and that the annexed NOTICE was duly ► y A id" hi> .d�Lnea e.tablhhkg half drop abests •� . eldbad prolrlblf0 m di: published in the said newspaper for .QA€ ... weeks wpphg p„a,c 11feos, am &wdldated for Wft h � " am of mpropond successive) in each week, commencing on the Y g Lo�c�Laow, whic eelawidw certain new riew"I " • • • . ..7,2.tb.. day of,7 A�...... 19..91 and on the "Wop°Tl snm for a 00et vloWim of this cra �epond Laos) Law is krawd• , uw, &Iso � fO110Win d y g ates thereafter, name) on _ -- --- prlsonment ahaN'incratue ,i................................................................. auhsequent vblatbrro. t n» Pr for ed Low al, taw A: and ending on the . 2th..... day of JPng. providelf for removel, etora�e • • • • • • . • . �• redamptIm of cwuonjveMiiMs IP, WPEASE il TAKE FURTHER�2 19.9.1 both days inclusive. that 00PIN Of this OW I Law ofNOTICE991 we avalfabM for rsvlawi . and incerIon at tM Stroma l Town C rk on weekdays, a.m. to 4:00 pp.m: • BY ORDER OF THE TOWN BOARD • • • • • • .. .... .. . OF THE TOWN OF WAPPINOER EW TOW�C F -N DATED: JUNE S. 1991 ' Subscribed and sworn to before me this ....12th . day of.... .Ju e�Q..''...1l �9.91. Notary Public My commission expires ................................. RACHEL WISHART NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN OUTCI IESS COUNTY k 14-4855902 COMMISSION EXPIRES MARCH 31, 1 < t t � V i i • 1 p i t ' R tf � r r r � r it � a i I f < t t � V i i • 1 ' R tf � r r r � A Public Hearing was held by the Town Board of the Town of Wappinger on June 24, 1991, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law Regulating Traffic and Parking within Privately Owned Areas in the Town of Wappinger. Supervisor Smith opened the Hearing at 7:10 P.M. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney to the Town Joseph E. Paggi, Jr., Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). There were no comments made by the Town Board. Mrs. Smith asked for comments or questions from the public on the proposed Local Law. No one spoke either for or against the proposed Law. MRS. VISCONTI moved to close the Public Hearing, seconded by Mr. Incoronato and unanimously carried. The Hearing closed at 7:11 P.M. Elaine H. Snowden Town Clerk Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 NOTICE OF PUBLIC HEA TOWN OF WAPPINOE `NOTICE IS HEREBY QIVI On Town Board of the Town 4 Plng*r Will on the 24th day a Of June �if 7:10 P.m. at the Town Hall, T Wappinger, 20 Mlddbbual, W e h t a,Falb. Nwr Y< citizens shah ha Mop 1 be heard as to Wfxither the Board of the Town of We. ofIN -------' PLEASE ','.TAKE NOTICE that the Law of 1981 is summ AN Yngl = not limited ed to condom apartment complexes M I Wappinger ppinn� we t` "d,il posed Local Law, col ;esteb9ens, certain now pertalninp thereto. TM fine for a fust viol ff»�°'edP► Lod Le is ;Lpro posed the op0on of I� FURTHER proposed Local arlud below: Local Laws rldw Within an of ease MO. n of the wbsagwnt vbletic, . ;---' :.•• The proposed Local Law further provides for removal, storage and '.Law redemption 'ot certain vehicles M PLEASE'TAKE FURTHER NOl iCE that capks of the said Local . Lawof 1991 are avaltable for review �+ and Inspection at the office of the Town Cllserrkk on weekdays from,8:30 a.m: to 4:00 p.m. ' , BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINOER . ELAINE SNOWDEN TOWN CLERK DATED: JUNE 0, 1991 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Joan Miller ... of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the ..... BookkeePer..... of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for .QnP... weeks successively in each week, commencing on the .12.tb... day of...... ,I34M...... 19-91and on the following dates thereafter, namely on and ending on the .12th ..... day of ..... Juf}e, 19.9.1 both days inclusive. Subscribed and sworn to before me this ....12th . day of ....... ul1jQle.QQ ....... 991. Notary Public My commission expires ................................. RACHEL WISHART NOTARY PUBLIC, STATE 0." NEW YORK QUALIFIED IN DUTCFIESS COUNTY N 14-4C65SO2 QQ� COMMISSION EXPIRES MARCH 31, lu! d } � • i 1� 4 t • �If . Iry t W . t TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARONG ON A PROPOSED LOCAL LAW REGULATING TRAFFIC AND PARKING WITHIN PRIVATELY OWNED AREAS IN THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ssL COUNTY OF DUTCHESS ) and says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes 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 June 12, 1991, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Regulating Traffic and Parking Within Privately Owned Areas in the Town of Wappinger on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Middlebush Road, Dutchess County New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this ti of 1991. NOTARY PUBLIC NNNW A LMNSON lli*Pftb 1 ft4m2 NOW York Oo�M�NOwI) o1NOpIn p"t�ro°" fir/ ��j A Public Hearing was held by the Town Board of the Town of Wappinger on June 24, 1991 at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, on Reconsideration of the $2,000 Community Development Grant originally for the E.C.H.O. Demonstration Project, to be transferred to expenses for the Town of Wappinger Master Plan. Supervisor Smith opened the Hearing at 7:20 P.M. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, 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 made part thereof of the Minutes of this Hearing). Mrs. Smith asked for comments from the Board or comments from the public either for or against this proposal for the use of the $2,000 Community Development Grant. No one spoke for or against the proposed application to transfer the grant monies from the E.C.H.O. Demonstration Project to the Master Plan for the Town. MR. FANUELE moved to close the Public Hearing, seconded by Mrs. Visconti and unanimously carried. The Hearing closed at 7:22 P.M. Elaine H. Snowden Town Clerk 7 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A COMMUNITY DEVELOPMENT GRANT FOR CONSIDERING TRANSFERRING APPLICATION FOR TOWN OF WAPPINGER MASTER PLAN STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and 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 June 12, 1991, your deponent posted a copy of the attached notice of Public Hearing on.Consideration of Transferring Community Development Grant to the Master Plan of the Town, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Middlebush Road, Town of Wappinger, Dutchess County, New York. Sworn to before me this 9Yle day of _1991. NOTARY PUBLIC Elaine H. Snowden Town Clerk Town of Wappinger L Southern Dutchess, News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. .............. Joan. Miller. .... of the ............. Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the .... Book.lLeaper...... of the SOUTHERN DUTCHESS NEWS, a PLEAN-TME NOTICE 0Nd tha r Towa Board of the Town of WwP• newspaper printed and published every Wednesday x hpsr vA hold a Pulft Neekp on 24,1901 JToowwn►Hallor1wTa'o'w'20aw�appp�AnjW,, in the Town of Wappinget; Dutchess County, New c' 20 Middlebush HoadReoa elderai 14 Falls, M� nItY York, and that the annexed NOTICE was duly oe11.,a rment Brant originally for tM EC.be ",,,,°;.,,,d°'" Project,, ; published in the said newspaper for one ....weeks Town or Wappbiger Mul r Plan. a �"a successively in each week, commencing on the HT g. Clerk„19th; day of ......Jun.... 19.9.1. and on the Townof. Wappgger ` Dated: Jane",190-1 " following dates thereafter, namely on .................................................................. and ending on the :.].9th.... day of ....June.. 199:1.. both days inclusive. Subscribed and sworn to before me this .. 19. h... day of .J11P ...........'. 19 91' Notary Public My commission expires ................................. RACHEL WISHART r NOTARY PUBLIC, STATE OF NEW YORK OUALIREO IN DUTCHESS COUNTY 914-035[12 09 COMMISSION EXPIRES MARCH 31, 1U y. t. rh lit .-N All A Public Hearing was held by the Town Board of the Town of Wappinger on June 24, 1991, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law of 1991 authorizing the installation of signs identifying Drug Free Zones. Supervisor Smith opened the Hearing at 7:25 P.M. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer Graham Foster, Highway Superintendent The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). This Law, if adopted, would authorize the Highway Department to install signs along public highways denoting "Drug Free Zones" within 1,000 feet of a public or private school or college, or within 100 ft. of a playground, public or private youth club, etc. There were no comments from the Town Board . Mrs. Smith asked for comments from the public either for or against the proposed Local Law. No one spoke either way on the proposed Law. MRS. VISCONTI moved to close the Public Hearing, seconded by Mr. Fanuele and unanimously carried., The Hearing closed at 7:26 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW AUTHORIZING THE INSTALLATION OF SIGNS IDENTIFYING DRUG FREE ZONES STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and says: 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 June 12, 1991 your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Authorizng the Installation of Signs Identifying Drug Free Zones, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Middlebush Road, Town of Wappinger, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to efore me this day of _ 1991. 2�, NOTARY P LIC =NwYork gpt Ftftwncounty/ 6cpitN APr1 30, ,/ Southern Dutchess, News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Waapppp irper wi8 caWuct a Public Hearirp on the 24th day of June, 1891, au 7:28 p.m. at.ths Town Hall, Town el Wappkgerr,40 Middlebueh Road, W rpsn Falb, Now York, at which I'm aq parties M Mtereat and citinra shell have an opportu ft to be heard as to whether the Town Board adoofpthe Town at Wappingw 1991, wthoft" NDN �lletl�on a VDnp. Free Zones . PLEASE TAKE "FURTHER =00=03P.00 OTICE than tfre propowd Loch Law ehaM aullroA:e the Town el W000kroer Highway Deparbmnt to F, or a puosc,or pmare Gump. a within 100 feel of a playground, public or private youth club, public swirnmN pool or video arcade i IL -ASE TAKE FURTHER NOTICE Oat copier el Oa propw ad Lord Law el 1881 are ava0abb for review and impaction at the a floe of the Town Clerk on weskdayi from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGEP .' ELAINE SNOWDEN , TOWN CLERK DATED: JUNE 8, 1881 Wappingers Falb, NY AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. ,roan Miller of the ........................................................ Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the .....Bookkeeper..... of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for .QAQ... weeks successively in each week, commencing on the .12.tJ1. day of ...::,IuAe...... 19..9land on the following dates thereafter, namely on ................................................................. and ending on the .12th..... day of .....JuPe, 19.9.1 both days inclusive. Subscribed and sworn to before me this .... l:Wit . day of .....A 1P j 9.1�. ................ Notary Public My commission expires ................................. CEL ISHAT �;PUDLIC, NOTARY S Wit OF NEW YORK OUALIFfED IN C!1y-IIErS COUNTY fl 14-4555802 COMMISSION EXPIRES MARCH 31, 19 g— yi