2023-1352023-135
Resolution Authorizing Contract To Purchase Real Property Adjacent To Reese Park
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 October
10, 2023.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2023-135
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
❑ Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Mover
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Christopher Phillips
Seconder
Q
❑
❑
❑
Al Casella
Voter
Q
❑
❑
❑
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Phillips.
WHEREAS, the property located at 2513 Route 9D contains 1.6 acres and abuts Reese Park and
would provide additional access from Route 9D into the park; and
WHEREAS, the owner of the property wishes to sell the property to the Town and a
contract of sale has been presented to the Town Board for its approval with a purchase price of
$150,000; and
WHEREAS, the Town Board is considering using unallocated B Fund balance to purchase
the property so that it may be used for park purposes and not developed in the future; and
WHEREAS, the Attorney to the Town has reviewed the form of the contract; and
WHEREAS, the acquisition of 25 acres or less of land for dedication to park purposes is a
Type II action under SEAR pursuant to 6 NYCRR §617.5(c)(39); and
WHEREAS, the Town Board provided the public an opportunity to comment on the
proposed purchase at the October 10, 2023, meeting of the Town Board where all parties were given
an opportunity to be heard;
NOW THEREFORE, BE IT RESOLVED that:
1) The Town Board determines that this action is Type II action under SEAR pursuant to 6
NYCRR §617.5(c)(39).
2) The Town Board has reviewed the terms of the annexed Residential Contract of Sale, agrees
that it is in the interest of the Town to assent to its terms.
3) The Town Board hereby directs the Supervisor of the Town to sign the contract on behalf
of the Town and cause the same to be delivered to the attorney for the sellers.
4) The Town Board hereby directs the Town Comptroller to create a capital fund for the
purchase of the property and the associated costs, the demolition of the existing structures
on the property, and improvement of park facilities as described in the addendum to the
contract of sale as well as such other improvements that the Town Board shall approve by
future resolution.
5) Such capital fund shall be established using Unallocated B Fund Balance in amount not to
exceed $200,000, unless further increased by future resolution of the Town Board.
6) All funds used for this expenditure shall be from surplus funds, no bonds shall be issued and
as such the purchase is not subject to referendum pursuant to Town Law §220.
7) The Town Board hereby directs the Town Comptroller to issue a downpayment check in the
amount of $10,000 from the capital fund in accordance with the terms of the contract and
deliver the same to the Town Attorney
8) The Town Attorney is authorized to order and obtain title insurance and a boundary line
survey for the property on behalf of the Town and the cost of such expenses shall be
chargeable to the capital account.
9) The Supervisor and the Town Attorney are authorized to execute any documents necessary
to consummate the closing for the property and to effectuate the purposes of this resolution.
10) The recorded deed shall be delivered to the Town Clerk for filing in his office as required by
law.
This resolution shall take effect immediately.
The foregoing was put to a vote which resulted as follows
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
William H. Beale, Councilman
SECONDER:
Christopher Phillips, Councilman
AYES:
Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
10/10/2023
The Resolution is hereby duly declared Adopted.
JOSEP q,P. PAOLONI, TOWN CLERK