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.