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2013-0872013-87 Resolution Adopting "Local Law No. 7 of the Year 2013, Designating Four-Way Stop Intersection at the Western Intersection of Scott Drive and Carroll Drive" At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on February 25, 2013. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Barbara Gutzler Councilmembers - William H. Beale (arrived at 7:31 PM) Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilwoman Czarniecki and seconded by Councilman Beale. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled "Local Law No. of the Year 2013, Designating Four-Way Stop Intersection at the Western Intersection of Scott Drive and Carroll 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 February 25, 2013 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. 7 of the Year 2013, Designating Four-Way Stop Intersection at the Western Intersection of Scott Drive and Carroll 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. Highway Superintendent, Graham Foster, is hereby further directed to place stop signs at the appropriate locations in accordance with this Local Law and to take any other necessary actions to implement the above mentioned four-way stop intersection as required in accordance with the spirit and intent of this Local Law. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 2/25/2013 The Resolution is hereby duly declared adopted. RISTINE FULTON, TOWN CLERK LOCAL LAW NO. OF TAE YEAR 2013 A Local Law entitled "Local Law No. of the Year 2013, Designating Four-Way Stop Intersection at the Western Intersection of Scott Drive and Carroll Drive." BE IT ENACTED by the Town Boazd 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. of the Year 2007, Designating Four-Way Stop Intersection at the Western Intersection of Scott Drive and Carroll Drive", which shall amend the present Vehicles and Traffic Code, as set forth below. Section II: Legislative Intent: At a recent Town Boazd meeting, a Council Member, in response to concerns raised by Town residents, inquired about the possibility of installing two new stop signs at the western intersection of Scott Drive and Carroll Drive. The matter was referred to the Engineer to the Town and to the Town Highway Superintendent for their investigation and recommendation. The Town Board, after examination of the facts and circumstances, and the recommendation of Highway Superintendent, Graham Foster, and Engineer to the Town, Robert J. Gray, 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" and to designate afour-way stop intersection at the western intersection of Scott Drive and Carroll Drive as hereinafter described. Section III: Ston 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 Carroll Drive West Scott Drive Carroll Drive East Scott Drive." Section IV: Stop Sian: The Town Board hereby directs the Highway Superintendent to place two stop signs as follows: • on Carroll Drive, at its westerly intersection with Scott Drive, direction of travel west, with the stop sign being placed on the northeast corner of Scott Drive and Carroll Drive; and • on Carroll Drive, at its westerly intersection with Scott Drive, direction of travel east, with the stop sign being placed on the southwest corner of Scott Drive and Carroll Drive. Section V: Numberina for Codification: It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-sections of this Local Law may be re-numbered or re-lettered to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter", "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section VI: Separability: The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section VI: 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.