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2024-05-13Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofwappingerny.gov Joseph Paoloni (845)297-5772 Monday, May 13, 2024 7:00 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Joseph D. Cavaccini Town of Wappinger Supervisor Present 7:00 PM William H. Beale Town of Wappinger Councilman Present 7:00 PM Angela Bettina Town of Wappinger Councilwoman Present 7:00 PM Christopher Phillips Town of Wappinger Councilman Present 7:00 PM Al Casella Town of Wappinger Councilman Present 7:00 PM Lori McConologue Town of Wappinger Deputy Town Clerk Present 8:30 AM Graciela Robinson Town of Wappinger Deputy Town Clerk Present 4:00 PM II. Opening Items 1. Salute to the Flag 2. Innvocation By Pastor Patrick Guarracino From Immanuel Church 3. Moment of Silence III. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes Town of Wappinger Page I Printed 5/23/2024 Regular Meeting Minutes May 13, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella IV. Public Portion 1. Motion To: Open Public Portion COMMENTS - Current Meeting: Ken Stenger addressed the board to discuss the two resolutions he has on the agenda. The details are available on the attached communication and on the Town's website video. He made it clear in his letter and in public that he would like the resolution modified to exclude some 'whereas clauses' and did not want to lose the refferral His letter captures his objections to the resolutions 127 and 128. A resident rose to speak to the board to ask how this works. Supervisor Cavaccini explained that both projects would come under two different zoning codes. SEQRA will determine the plan. The details of this discussion is available on the attached communication and on the Town's website video. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: William H. Beale, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Stenger Letter May 13, 2024 COMMENTS - Current Meeting: Received at 2:00 PM on May 13th, 2024, 5 hours before this meeting. 3. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella V. Discussions VI. Consent Resolutions RESOLUTION: 2024-119 Resolution Declaring May As "Mental Health Month" In The Town Of Wappinger WHEREAS, mental health is essential to everyone's overall health and well-being, and Town of Wappinger Page 2 Printed 5/23/2024 Regular Meeting Minutes May 13, 2024 WHEREAS, all Americans experience times of difficulty and stress in their lives, and WHEREAS, prevention is an effective way to reduce the burden of mental health conditions, and WHEREAS, there is a strong research that animal companionship, humor, spirituality, religion, recreation, social connections, and work -life balance can help all Americans protect their health and well-being, and WHEREAS, mental health conditions are real and prevalent in our nation, and WHEREAS, with effective treatment, those individuals with mental health and other chronic health conditions can recover and lead full, productive lives, and WHEREAS, each business, school, government agency, healthcare provider, organization and citizen shares the burden of mental health problems and has a responsibility to promote mental wellness and support prevention efforts, and NOW THEREFORE BE IT RESOVLED, that the Town Board of the Town of Wappinger hereby proclaims May 2024 as Mental Health Month and call upon the citizens, government agencies, public and private institutions, businesses and schools in Wappinger to recommit our community to increasing awareness and understanding of mental health, the steps our citizens can take to protect their mental health, and the need for appropriate and accessible services for all people with mental health conditions. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2024-119 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Joseph D. Cavaccini.. Voter Q ❑ ❑ ❑ .................. ❑ Defeated William H. Beale Voter ...... El ....... ..... ❑ ................ ❑ ...... ................ ❑ . ❑ Tabled Angela Bettina Seconder Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips .................................. VoterQ ..,. ..... .. I'll ,....... ❑ ❑ ....... ,....... ❑ ..... Al Casella Mover Q ❑........,........❑ ❑ Dated: Wappingers Falls, New York May 13, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-120 Requesting NYS DOT To Authorize Reduction Of Speed Limit On Jackson Road WHEREAS, in a letter dated April 29, 2024 to the Town Supervisor, the Dutchess County Transportation Council identified that Jackson Road (Conte Route 110) is the only unposted County owned roadway in the Town of Wappinger, and WHEREAS, due to Jackson Road not having a posted speed limit, the New York State default speed of 55 mph applies on this section of road, and WHEREAS, the Dutchess County Transportation Council has provided data from traffic studies which reflects that 85% of motorists on Jackson Road travel at a speed between 44-46 mph over the last ten years, and WHEREAS, the Dutchess County Transportation Council has recommended to the Town that a speed limit of 40 mph would be appropriate for consideration on Jackson Road, and WHEREAS, NYS Vehicle & Traffic Law §1622(1) provides that a Town and County may request that NYS Department of Transportation lower the maximum speed limit on a highway, and WHEREAS, the Dutchess County Superintendent of Highways requires a resolution from the Town Board requesting a speed limit reduction for a County Highway, and Town of Wappinger Page 3 Printed 5/23/2024 Regular Meeting Minutes May 13, 2024 WHEREAS, the Town Board determines that it is in the best interest of the traveling public, and for the general public health, safety and welfare of the residents of the Town of Wappinger, to request that the New York State Department of Transportation establish a 40 mph speed limit on Jackson Road in the Town of Wappinger, and WHEREAS, the Town Board hereby requests that the Dutchess County Superintendent of Highways join in the request and post the required speed limit signs, and NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby requests that the New York State Department of Transportation formally establish a speed limit of 40 miles per hour in both directions on Jackson Road in the Town of Wappinger for a distance of 2,279 feet from the Wappinger/Poughkeepsie town line to its terminus at New Hackensack Road, and NOW THEREFORE BE IT FURTHER RESOLVED, The Town Board hereby authorizes the Town Clerk to sign the TE 9a form and forward the same, together with a certified copy of this resolution to Robert Balkind, Dutchess County Commissioner of Public Works. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2024-120 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Joseph D. Cavaccini.. Voter Q ❑ ❑ ❑ .................. ❑ Defeated William H. Beale Voter ...... El ....... ..... ❑ ................ ❑ ...... ................ ❑ . ❑ Tabled Angela Bettina Secondei Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips .................................. VoterQ ..,. ..... .. I'll ,....... ❑ ❑ ....... ,....... ❑ ..... Al Casella Mover Q ❑........,........❑ ❑ Dated: Wappingers Falls, New York May 13, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-123 Resolution Order Calling For Public Hearing In the Matter of The Increase and Improvement of the Facilities of Mid -Point Park Sewer District, in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of Mid -Point Park Sewer District, in the Town of Wappinger, Dutchess County, New York (the "Sewer District"), being the construction of a new wastewater treatment plant at the existing plant site, located at 63 Martin Drive, in Wappinger Falls, New York, together with improvements to the sewer collection system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith as applicable, at a maximum estimated cost of $10,116,000; and WHEREAS, said capital project hereinafter described, as proposed, has 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 ("SEQRA"), the implementation of which as proposed is expected to be determined will not result in any significant environmental impact; and WHEREAS, it is now desired to call a public hearing on the question of the increase and Town of Wappinger Page 4 Printed 5/23/2024 Regular Meeting Minutes May 13, 2024 improvement of the facilities of said Sewer District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A public hearing will be held in the Town Hall, in Wappinger Falls, New York, in said Town, on June 10, 2024, at 7:00 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of Mid -Point Park Sewer District, in the Town of Wappinger, Dutchess County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: V Vote Record - Resolution RES -2024-123 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Joseph D. Cavaccini„ Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale ... Voter Q ❑ ❑ ❑ .... ❑ Tabled Angela Bettina ..................... .. Seconder .... El .... ❑ .... ❑...... ❑. ❑ Withdrawn Christopher Phillips Voter ........ Q .. .. ........... ❑ .. ......... ❑ .. .. .......... ❑ Al Casella Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York May 13, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-124 Resolution Authorizing Installation Of Street Lighting Throughout The Town Of Wappinger WHEREAS, Town Supervisor Joseph D. Cavaccini has identified areas in Town that are poorly lit, and WHEREAS, it is necessary to install street lighting along the roadway to provide drivers at night visibility of vehicles entering into intersections and to be aware of pedestrians, and Town of Wappinger Page 5 Printed 5/23/2024 Regular Meeting Minutes May 13, 2024 WHEREAS, when Taryl Court was constructed, a street light was never added at the corner where it meets Myers Corners Road and Central Hudson Pole Number 26641 has been identified as an area of need for street lighting, and WHEREAS, the location of the proposed street light is outside the boundaries of any lighting district established in the Town of Wappinger, and WHEREAS, pursuant to the authority granted by Town Law §64(19), the Town Board may contract for street lighting on highways in the Town, and WHEREAS, Central Hudson Gas & Electric Corporation ("CHGE") provides street lighting within its service area pursuant to a Tariff Approved by the New York State Public Service Commission, and WHEREAS, CHGE has provided a Street Lighting Authority Order which sets forth the rental costs for the street lights and poles, and WHEREAS, the Town Comptroller has advised that a budget modification is required to pay for the rental fees for the new lights, and NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby accepts the terms of the Street Lighting Order which provides for a monthly rental fee of $187.92 for one LED luminary plus the cost of electricity and authorizes the Town Supervisor to sign the Street Lighting Order on behalf of the Town, and BE IT FURTHER RESOLVED that the Town Board hereby authorizes the following budget line transfers for the rental of the Street Lighting & electric service: Amo From Line To Line unt $187. B0917 Unallocated B Fund B.5182.0400 Street Lighting Contractual 92 Balance Expenses The foregoing was put to a vote which resulted as follows: V Vote Record - Resolution RES -2024-124 Yes/Aye„ Absent Q Adopted „ ,,,, ,,,, ,,,,,,,,,,,,, ,,,,,,,,,,,,,,, , ,,,,,,,,, „No/Nay „Abstain ❑ Adopted as AmendedJoseph D. Cavaccini„ Voter „ Q ...... ❑ .. ...,... .. ❑ ❑ ❑ Defeated William H. Beale ......................... Voter Q ❑ ...... ❑ .... ....... ❑ ... ❑ Tabled Angela Bettina Seconder Q ❑ ❑ ❑ ❑ WithdrawnChristopherPhilliPs Voter Q ❑ 0 0 Al Casella Mover Q ❑ o 0 Dated: Wappingers Falls, New York May 13, 2024 The Resolution is hereby duly declared Adopted. RESOLUTION: 2024-126 Correspondence Log Town of Wappinger Page 6 Printed 512312024 Regular Meeting Minutes May 13, 2024 Resolution Authorizing the Acceptance of the Correspondence Log Correspondence Lo - 2024-0543 Number To From Conte I Conte Rec' Re: Agenda ante 105-13-001 Tow"n Board �Kvle Ahearn 1 51212024 5/2210241 abercreek Farm Brewery 5/132024 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2024-126 No/Nay Abstain Absent El AdoptedYes/Aye ..,.. ❑ Adopted as Amended Joseph D. Cavaccini„ Voter El ..Q...... ❑ ❑ ................ ❑ ❑ Defeated William H. Beale ......................... Voter .....❑.............. ❑ ❑..... ........... ❑ Tabled Angela Bettina Seconder El ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Voter El ❑ ❑ ❑ Al Casella Mover El ❑ ❑ ❑ Dated: Wappingers Falls, New York May 13, 2024 The Resolution is hereby duly declared Adopted. VII. Non Consent Resolutions RESOLUTION: 2024-121 Resolution Correcting Salary Appropriations In The Justice Court WHEREAS, the Town of Wappinger ("Town") and Teamster Local 445 ("TEAMSTER") are parties to a Collective Bargaining Agreement ("CBA") for the term January 1, 2023 - December 31, 2025, and WHEREAS, the Clerk to the Justice is a title that is currently subject to the CBA, and WHEREAS, the CBA reflects that the Clerk to the Justice should be making $21.84 per hour which was not reflected by the former Town Comptroller in the adopted 2024 budget, and WHEREAS, both Lavonne Cooper and Michelle Riccoboni are appointed Clerks to the Justice and are subject to the raises reflected in the CBA, and WHEREAS, the retroactive compensation for Lavonne Cooper shall be $429.14 from January 1, 2024,and NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby directs the Town Comptroller to correct the aforementioned salary appropriation for Lavonne Cooper in Budget Line Al 110 0104. NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby directs the Town Comptroller to correct the aforementioned salary appropriation for Michelle Riccoboni in Budget Line Al 110 0105. NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby directs the Town Comptroller to increase the hourly wages of Lavonne Cooper and Michelle Riccoboni to $21.84 per hour effective immediately pursuant to the CBA. Town of Wappinger Page 7 Printed 5/23/2024 Regular Meeting Minutes May 13, 2024 The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2024-121 Yes/Aye No/Nay Abstain Absent ❑ Adopted ,,,, .. Q Adopted as Amended Joseph D. Cavaccini„ Voter Q ❑ ❑ ... ❑ .............❑ ..... ❑ Defeated Wam H. Beale ......................... ............ Mover ............. El .... ....... .... ❑ .... ...... ..... ❑.. ....... ................ . ❑ Tabled Angela Bettina Voter... El .... ❑ .....,..... ❑ .... ❑ ... ❑ Withdrawn Christopher Phillips .................. Voter Q ❑ .................❑ ❑ ❑ Al Casella Secondex Q ❑ ❑ ❑ Dated: Wappingers Falls, New York May 13, 2024 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2024-125 Resolution Authorizing Funding To Complete The Spook Hill Park Reconstruction Project WHEREAS, in 2016 the Town of Wappinger committed to the reconstruction of Spook Hill Park, and WHEREAS, the Town of Wappinger received funding from Dutchess County Government through a Community Development Block Grant as well as from privately funded donations to improve Spook Hill Park, and WHEREAS, due to unforeseen circumstances such as the COVID-19 pandemic, Spook Hill Park remains unfinished today and requires additional improvement to finish the project, and WHEREAS, the Director of Recreation and the Engineer to the Town have obtained quotes to purchase and install outdoor exercise equipment, a joggingtrack, new parking area, and a new basketball court, and WHEREAS, much of the labor and materials relating to the parking area, installation of equipment, and drainage to Spook Hill Park is expected to be performed in house to save on costs, and WHEREAS, a Capital Asset Line item within the B Fund called Spook Hill Park Re -Construction Project as per the Comptrollers Recommendation, will be added, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger establishes a budget of $235,000 from B -Fund Balance to complete the Spook Hill Park Reconstruction Project. The foregoing was put to a vote which resulted as follows .a Vote Record - Resolution RES -2024-125 Yes/Aye No/Nay Abstain Absent ❑ Adopted ,,,, Q Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Secondex ..... El.... ❑ .....,..... ❑ .... ❑ ... 1,1111, ❑ Withdrawn Christopher Phillips Voter Q ❑ ................ ❑ ❑ Al Casella Mover Q ❑ ❑ ❑ Dated: Wappingers Falls, New York May 13, 2024 Town of Wappinger Page 8 Printed 5/23/2024 Regular Meeting Minutes May 13, 2024 Amended. The Resolution is hereby duly declared Adopted as RESOLUTION: 2024-127 Resolution Referring Application To Planning Board Cedar Hills LLC WHEREAS, the Town Board is in receipt of a certain application for a Designed Residential Development from Cedar Hill LLC for the development of certain premises known as Tax Map Parcel 135689-6257-03-430260 pursuant to Section 240-50 of the Wappinger Town Code known as Acadia Place (the "Application"); and WHEREAS, the Application proposes 12 single family dwelling units on individual parcels, 66 dwelling units in 9 condominium buildings on a single parcel (all units proposed to be supplied by municipal water and sewer service); and an open space parcel to be owned by a homeowner's association; and WHEREAS, the Town's Director of Planning has determined that the Application is complete for for the commencement of review; and WHEREAS, the Town Board has conducted an initial review of the Application and advised the Applicant at the March 25, 2024 meeting of the Town Board and again hereby that the premises to be developed under the underlying district regulations for single family residential development for consistency with the surrounding developments, however, the Applicant's preference is to continue with the mixed single family / condominium proposal; and WHEREAS, pursuant to Section 240-50E which sets forth the procedure for review of Designed Residential Development, a referral of the Application is required for the review and report to the Town Board on the appropriateness of the proposal in the context of the Town Development Plan, the Official Map and the Zoning Code as well as for site plan and subdivision approval; and WHEREAS, inherent in the overall process is compliance with SEQRA, which, notwithstanding the sequence of the procedures set forth in Section 240-50, would need to be completed prior to any determinations to be made by the Planning Board for site plan and subdivision approval and any determinations made on the Special Permit by the Town Board; and NOW, THEREFORE, BE IT RESOLVED, that the Application is hereby referred to the Planning Board pursuant to Section 240-50E; and BE IT FURTHER RESOLVED, that the referral to the Planning Board does not imply that the criteria for the grant of a special permit has been met, which requires that the Town Board find that such development (i) will serve to implement the intent and purposes as set forth in this section of the Zoning Law; (ii) that the location and the physical character of the site proposed for the designed residential development is suitable and appropriate for such a development; and (iii) that such development is otherwise in the public interest. Town of Wappinger Page 9 Printed 5/23/2024 Regular Meeting Minutes May 13, 2024 BE IT FURTHE RESOLVED, that because other residential development projects similar in size and scope to the Application have been submitted to the Town for review in the vicinity of the Application, the SEQRA review of the Application should also include the impacts from those other certain projects and vice versa. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-127 Yes/Aye No/Nay Abstain Absent ❑ Adopted El Adopted as Amended Joseph D. Cavaccini Voter ... ,...... Q ❑ ....,.... ❑ ..❑ .. ... ❑ ,......❑..... ❑ Defeated Wam H. Beale ........................ ............ Voter ....................... Q ......,........ ....... ..... ❑.. ................ ....... ............... . ❑ Tabled Angela Bettina Seconder El ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Mover El ❑ ................ ❑ ❑ Al Casella .Voter Q ❑ ❑ ❑ Dated: Wappingers Falls, New York May 13, 2024 The Resolution is hereby duly declared Adopted as Amended. 4. General Statement by Supervisor RESOLUTION: 2024-128 Resolution Referring Application To Planning Board Conservation Corners WHEREAS, the Town Board is in receipt of a certain application for a Conservation Subdivision from Mid -Hudson Development Corp. for the development of certain premises known as Tax Map Parcel 6257-03-247036-0000 pursuant to Section 240-19B of the Wappinger Town Code known as Conservation Corners (previously known as Joey Estates) (the "Application"); and WHEREAS, the Applicant proposes 66 residential units consisting of 22 single family dwelling units on individual parcels, 44 dwelling units in 11 townhouse style buildings on a single parcel (all units proposed to be supplied by private water and sewer service), which lot count is a preliminary determination to which the Town, the Town Board and the Planning Board are not beholden to, and open space parcels which use shall be determined by the Town Board to be owned by a homeowner's association and which parcels shall contain easements for community rights so as to benefit from the beauty of the open spaces; and WHEREAS, the Applicant acknowledges that the Town of Wappinger Comprehensive Plan included a goal to improve housing choice in the Town by encouraging a balance of housing types and sizes. That goal also included that new higher density development be made in existing areas that can be most economically served by existing roads, utilities, and community facilities; and WHEREAS, the Town Board has been requested by the Applicant to refer the Application to the Planning Board for review in anticipation of a future request to the Town Board pursuant to §240-1913 to permit the Planning Board to modify the zoning regulations in the district with Town of Wappinger Page 10 Printed 5/23/2024 Regular Meeting Minutes May 13, 2024 respect to lot area and dimensions pursuant upon such conditions as the Town Board may impose; and WHEREAS, the Town Board has conducted an initial review of the Application and advised the Applicant that it prefers that the premises to be developed under the underlying district regulations for single family residential development for consistency with the surrounding developments, and WHEREAS the Application still contains a mixture of single-family units and town house units and proposes a future connection to the Town's water district; and WHEREAS, the Applicant has previously acknowledged that regarding future water and sewer connections, the Town's Comprehensive Plan is clear that the goal was and is for the development of a system of central utilities to address the needs of existing developed areas with water supply and sewage treatment problems; and WHEREAS, inherent in the overall process is compliance with SEQRA, which, notwithstanding the sequence of the procedures set forth in Section 240-19B, would need to be completed prior to any authorizations to be made by the Town Board for the conservation subdivision; and NOW, THEREFORE, BE IT RESOLVED, that the Application is hereby referred to the Planning Board for conservation subdivision review and completion of SEQRA; and BE IT FURTHER RESOLVED, that the referral to the Planning Board does not imply that the Town Board will authorize the Planning Board to modify the zoning regulations in one -family residence districts with respect to lot area and dimensions as they relate to the lots containing multi -family units; and BE IT FURTHER RESOLVED, that the Town Board has no present intention to permit a connection to a Town water district and recommends that the Applicant causes the Application to be processed without any proposal for a connection to the Town's water district; and BE IT FURTHER RESOLVED, per 240-19B, that the Town Board's authorization of the Planning Board to modify the zoning regulations in one -family residence districts with respect to lot area and dimensions shall be upon such conditions as the Town Board may impose and that the referral does not imply that the Town Board will authorize the use of 240-19B as they relate to the lots containing detached units; and be processed without any proposal for a connection to the Town's water district; and BE IT FURTHER RESOLVED, that because other residential development projects similar in size and scope to the Application have been submitted to the Town for review in the vicinity of the Application, the SEQRA review of the Application should also include the impacts from those other certain projects and vice versa. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2024-128 ❑ Adopted ....... Abstain... ...Absent.. .......No/Nay Yes/Aye El Adopted as Amended............... ............... .. ❑ DefeatedJoseph D. Cavaccim Voter ❑ El ❑ ❑ ....... .................. ❑ Tabled william H. Beale Voter CSI ❑ ❑ ❑ Town of Wappinger Page 11 Printed 5/23/2024 Regular Meeting Minutes May 13, 2024 Dated: Wappingers Falls, New York May 13, 2024 The Resolution is hereby duly declared Adopted as Amended. 6. Conservation Corners VIII. Items for Special Consideration/New Business Councilman Beale asked to explore a weight limit on Dean Avenue. 1. Motion To: Approve Up To $3,500 to Fund Landscaping to a to vendor to Be Determined Later. COMMENTS - Current Meeting: Nothing was given to the Town Clerk's office for recording in these minutes. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman ❑ Withdrawn Angela Bettina Christopher Phillips AlCasella.................................. Seconder MoverQ Voter.... ,........ Q Q .......,....... ❑ ❑ ❑........,........❑ ❑ ❑ ....... ❑ ❑ ,.......❑..... Dated: Wappingers Falls, New York May 13, 2024 The Resolution is hereby duly declared Adopted as Amended. 6. Conservation Corners VIII. Items for Special Consideration/New Business Councilman Beale asked to explore a weight limit on Dean Avenue. 1. Motion To: Approve Up To $3,500 to Fund Landscaping to a to vendor to Be Determined Later. COMMENTS - Current Meeting: Nothing was given to the Town Clerk's office for recording in these minutes. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 2. Motion To: Authorize an Additional Empress Car in the amount of $5,000 COMMENTS - Current Meeting: Nothing was given to the Town Clerk's office for recording in these minutes. RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella 3. Motion To: Authorize Up To $3,000 after the WVA comes up with the first part to help put up banners COMMENTS - Current Meeting: Nothing was given to the Town Clerk's office for recording in these minutes. Town of Wappinger Page 12 Printed 5/23/2024 Regular Meeting Minutes May 13, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella IX. Executive Session - For Contract Negotiations, Legal Matters 1. Motion To: Enter Executive Session and Adjournment RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella X. Adjournment Motion To: Wappinger Adjournment & Signature RESULT: ADOPTED [UNANIMOUS] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Town of Wappinger Page 13 Printed 5/23/2024 Kenneth M. Stenger Jessica J. Glass Karen E, Hagstrom [an C. Linclars A.J. luele Albert P. Roberts partner emeritus STENGER, GLASS, HAGSTR®111'I, LINDARS WELE l_al.i] May 13, 2024 Via email only: nit% Michael T. Liguori Hogan, Rossi & Liguori 3 Starr Ridge Road Brewster, New York 10509 Re: Mid -Hudson Development Corp. and Mid -Hudson Holdings, LLC v. Tile Mary Kate Ephraim Town of Wappinger and the Town of Wappinger Town Board Jad B. Haddad .Index No. 2023-51732 SGHLI File No. 39130, 7906 OF COUNSEL Dear Michael: Joan F. Garrett Kyle A. Steller I have just now noted that this matter has been placed on Monday evening's Mary E. telrz agenda for the purpose of passing a Resolution referring the application to the Planning Board pursuant to the requirements of Town of Wappinger Code §250- 19(b). Thank you and the Board for finally addressing this outstanding request. PAItALEC kLS We looks forward to proceeding before the Planning Board in accordance with the Elizabeth Amicucci statutory requirements under which referral has been made. With respect to the Ailana Brown referral Resolution, I would malce note of my objections to certain provisions in Jillian Medina the same as follows: Sandra Oakley Alison Secor 1. The fifth "Whereas" provision represents that the Town Board has advised the applicant that it prefers development under existing District regulations. Individual members of the Board have expressed that opinion CLOSING to me. I have not heard it from a majority of the Board. Certainly, the COORDINATORS Maria L. Jones Town. Board, as an entity, has never passed a Resolution expressing that Sandra n Groot position. The language suggests prejudgment on the part of the Town Board and is a direct and negative message to the Planning Board. This language must be removed. It is prejudicial, not accurate, and serves no purpose other than to impermissibly introduce politics into the Planning process; 2. The eighth and ninth "Whereas" provisions make sense and are acceptable to me and the applicant; T.• (845) 298-2000 Main Office. It 36 Route 9, Suite 2, Wappingers Falls, NY 12590 R (845) 298-2842 Poughkeepsie: 85 Civic Center Plaza, Suite 100, Poughkeepsie, NY 12601 Email• info@stengerglass.com I Kingston: 303 Clinton Avenue, Kingston, NY 12401 stengerglass.com S o_ E 0 it 0 o. 3. The third "Be it further resolved" provision of the Resolution is premature. No application has been made to the Town Board to allow this project to connect with the Town's water district. An expression of intention to deny that application before it is made is evidence of predetermination. My client will explore, with the Planning Board, municipal and/or private water source for its projected development and will proceed in a manner which is most feasible for the project; 4. The fourth `Be it further resolved" paragraph inaccurately describes my client's proposal as one which incorporates "multi -family housing". That is a deliberate mischaracterization of my client's application and is prejudicial, particularly considering the public expressions of members of the Town Board on the topic of introducing any multi -family housing o within the Town of Wappinger. My client's proposed plan of developzrient is comprised of single-family dwellings and townhomes which will be o°. sold exclusively in fee. This language needs to be corrected.. •2 My client wants the referral made on Monday evening. The Board is free to reject the content of this letter. However, it is not free to not act on the referral because o it may disagree with the content of the same. This letter must be part of the public N record of that process. It - Thank you. Very truly yours, STENGER, GLASS, HAGSTROM, LINDARS & IUELE, LLP KENNETH M. TENGER, ESQ. l -SI 'Ilcrl S t1 r t`:➢l ss.cc rr� KMS/kIg cc: Town of Wappinger Town Board Mid -Hudson Development Corp. Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-119 Meeting: 05/13/24 07:00 PM Department: Town Clerk Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6179 Resolution Declaring May As "Mental Health Month" In The Town Of Wappinger WHEREAS, mental health is essential to everyone's overall health and well-being, and WHEREAS, all Americans experience times of difficulty and stress in their lives, and WHEREAS, prevention is an effective way to reduce the burden of mental health conditions, and WHEREAS, there is a strong research that animal companionship, humor, spirituality, religion, recreation, social connections, and work -life balance can help all Americans protect their health and well-being, and WHEREAS, mental health conditions are real and prevalent in our nation, and WHEREAS, with effective treatment, those individuals with mental health and other chronic health conditions can recover and lead full, productive lives, and WHEREAS, each business, school, government agency, healthcare provider, organization and citizen shares the burden of mental health problems and has a responsibility to promote mental wellness and support prevention efforts, and NOW THEREFORE BE IT RESOVLED, that the Town Board of the Town of Wappinger hereby proclaims May 2024 as Mental Health Month and call upon the citizens, government agencies, public and private institutions, businesses and schools in Wappinger to recommit our community to increasing awareness and understanding of mental health, the steps our citizens can take to protect their mental health, and the need for appropriate and accessible services for all people with mental health conditions. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 5/7/2024 1:15 PM by Joseph P. Paoloni Page 1 Town of Wappinger Meeting: 05/13/24 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Roads Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: Town Clerk Joseph P. Paoloni RESOLUTION 2024-120 Doc ID: 6180 Requesting NYS DOT To Authorize Reduction Of Speed Limit On Jackson Road WHEREAS, in a letter dated April 29, 2024 to the Town Supervisor, the Dutchess County Transportation Council identified that Jackson Road (Conte Route 110) is the only un posted County owned roadway in the Town of Wappinger, and WHEREAS, due to Jackson Road not having a posted speed limit, the New York State default speed of 55 mph applies on this section of road, and WHEREAS, the Dutchess County Transportation Council has provided data from traffic studies which reflects that 85% of motorists on Jackson Road travel at a speed between 44-46 mph over the last ten years, and WHEREAS, the Dutchess County Transportation Council has recommended to the Town that a speed limit of 40 mph would be appropriate for consideration on Jackson Road, and WHEREAS, NYS Vehicle & Traffic Law §1622(1) provides that a Town and County may request that NYS Department of Transportation lower the maximum speed limit on a highway, and WHEREAS, the Dutchess County Superintendent of Highways requires a resolution from the Town Board requesting a speed limit reduction for a County Highway, and WHEREAS, the Town Board determines that it is in the best interest of the traveling public, and for the general public health, safety and welfare of the residents of the Town of Wappinger, to request that the New York State Department of Transportation establish a 40 mph speed limit on Jackson Road in the Town of Wappinger, and WHEREAS, the Town Board hereby requests that the Dutchess County Superintendent of Highways join in the request and post the required speed limit signs, and NOW, THEREFORE, BE IT RESOLVED, the Town Board hereby requests that the New York State Department of Transportation formally establish a speed limit of 40 miles per hour in both directions on Jackson Road in the Town of Wappinger for a distance of 2,279 feet from the Wappinger/Poughkeepsie town line to its terminus at New Hackensack Road, and NOW THEREFORE BE IT FURTHER RESOLVED, The Town Board hereby authorizes the Town Clerk to sign the TE 9a form and forward the same, together with a certified copy of this resolution to Robert Balkind, Dutchess County Commissioner of Public Works. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 5/7/2024 1:18 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-123 Meeting: 05/13/24 07:00 PM Department: Town Clerk Category: Public Hearing Prepared By: Graciela Robinson Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6182 Resolution Order Calling For Public Hearing In the Matter of The Increase and Improvement of the Facilities of Mid -Point Park Sewer District, in the Town of Wappinger, Dutchess County, New York WHEREAS, the Town Board of the Town of Wappinger, Dutchess County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of Mid -Point Park Sewer District, in the Town of Wappinger, Dutchess County, New York (the "Sewer District"), being the construction of a new wastewater treatment plant at the existing plant site, located at 63 Martin Drive, in Wappinger Falls, New York, together with improvements to the sewer collection system, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith as applicable, at a maximum estimated cost of $10,116,000; and WHEREAS, said capital project hereinafter described, as proposed, has 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 ("SEQRA"), the implementation of which as proposed is expected to be determined will not result in any significant environmental impact; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Sewer District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A public hearing will be held in the Town Hall, in Wappinger Falls, New York, in said Town, on June 10, 2024, at 7:00 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of Mid -Point Park Sewer District, in the Town of Wappinger, Dutchess County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. Updated: 5/9/2024 1:56 PM by Joseph P. Paoloni Page 1 Resolution 2024-123 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Meeting of May 13, 2024 Updated: 5/9/2024 1:56 PM by Joseph P. Paoloni Page 2 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-124 Meeting: 05/13/24 07:00 PM Department: Town Clerk Category: Appropriations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6184 Resolution Authorizing Installation Of Street Lighting Throughout The Town Of Wappinger WHEREAS, Town Supervisor Joseph D. Cavaccini has identified areas in Town that are poorly lit, and WHEREAS, it is necessary to install street lighting along the roadway to provide drivers at night visibility of vehicles entering into intersections and to be aware of pedestrians, and WHEREAS, when Taryl Court was constructed, a street light was never added at the corner where it meets Myers Corners Road and Central Hudson Pole Number 26641 has been identified as an area of need for street lighting, and WHEREAS, the location of the proposed street light is outside the boundaries of any lighting district established in the Town of Wappinger, and WHEREAS, pursuant to the authority granted by Town Law §64(19), the Town Board may contract for street lighting on highways in the Town, and WHEREAS, Central Hudson Gas & Electric Corporation ("CHGE") provides street lighting within its service area pursuant to a Tariff Approved by the New York State Public Service Commission, and WHEREAS, CHGE has provided a Street Lighting Authority Order which sets forth the rental costs for the street lights and poles, and WHEREAS, the Town Comptroller has advised that a budget modification is required to pay for the rental fees for the new lights, and NOW, THEREFORE, BE IT RESOLVED, as follows: The Town Board hereby accepts the terms of the Street Lighting Order which provides for a monthly rental fee of $187.92 for one LED luminary plus the cost of electricity and authorizes the Town Supervisor to sign the Street Lighting Order on behalf of the Town, and BE IT FURTHER RESOLVED that the Town Board hereby authorizes the following budget line transfers for the rental of the Street Lighting & electric service: Amo From Line To Line unt $187. B0917 Unallocated B Fund B.5182.0400 Street Lighting Contractual 92 Balance Expenses Updated: 5/9/2024 2:08 PM by Joseph P. Paoloni Page 1 Resolution 2024-124 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Meeting of May 13, 2024 Updated: 5/9/2024 2:08 PM by Joseph P. Paoloni Page 2 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-126 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Meeting: 05/13/24 07:00 PM Department: Town Clerk Category: Correspondence Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6173 Correspondence Lo - 2024-0543 Number To From Conte I Conte Rec' Re: Agenda ante 05-13-001 Tow"n Lle AhearnBoard 1 5122021 5/220241 abercreek Farm Brewery 5/132024 NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 5/7/2024 12:40 PM by Joseph P. Paoloni Page 1 di N ❑ O CN (0 Ch "tS a Lo 0? tm Q M N �r E 1 L m L(0 1 � U CV O O ° C4 V d N O 1 � N N m O Nt N ❑ � j r�li V W O �V/ W 11 L O N Q O �A o F- "O � O m C O r L O � cri L6 Q 6r5,a E� LaBeLLa 6A0;;1as_-i3 Powered by partnership. May 2, 2024 Supervisor Joseph D. Cavaccini Wappinger Town Board 20 MiddLebush Road Wappingers Falls, New York 12590 RE; Obercreek Farm Brewery Proposed Tasting Room Municipal Water Connection Petition 81 New Hamburg Road, Wappingers Falls, NY 12590 Dear Supervisor Cavaccini and Members of the Town Board; i�eceillecl 7-0Y ' 0 0r VV 7'ovvn ap"19LI r clerk The above -referenced project has received New York State Historic Preservation Office, Dutchess County Department of Public Works and Wappinger Planning Board approval to convert two existing barns into a ± 5,337 square foot, 163 -seat tasting room and a 5 -barrel brewery, The project proposes connection to the municipal Water main located across from the project driveway at the intersection of New Hamburg Road and Wheeler Hill Road for use by the tasting room only. The brewery and an existing farm stand to remain will be served by an on-site weLL. The estimated water demand of the tasting room is 4,796 gpd. The proposed utility crossing has been approved by Dutchess County Department of Public Works and the -proposed design ..of- the -water -distribution-system -is .under __ review by Dutchess County Department of Behavioral and Community Health (DCDBCH), The tasting room will contain a fire suppression system and 2 hydrants are proposed on-site, the locations of which have been reviewed and approved by HughsonvUe Fire District. A condition of the Planning Board's site plan approval was to satisfy outstanding comments of the Town Engineer, Which included the requirement to obtain approval of the water connection by the Town's water operator, CAMO Pollution Control, Submission Was made to CAMO in November 2023 and we were directed by Mike Tremper of CAMO to submit a petition to the Town Board approving the proposed project as an out -of -district' user, as it's our understanding a water district has not been established for the area in question, We also respectfully request that the Town Board directs CAMO Pollution Control to provide documentation for submission to Dutchess County Department of Behavioral and Community Health related to any potential supply issues related to source capacity as a result of any of the Town's wells currently out of service. The Owner/Applicant is Obercreek Development, LLC. The tax parcel ID is # 6067-02- 847758. The contact person for the Owner/Applicant is Mr. Alexander Reese. He can be reached by email at alexreese@aol.com or by phone at (914) 475-5195• 21 Fox Street I Poughkeepsie, NY 12601 1 p (845) 454-3980 %vww, =ab ltaPC,Corrl Additional project information is contained within the attached Engineer's Report and Utility Plans and Details under review by DCDBCH. I look forward to working with you and the members of the Town Board, Should you have any questions or concerns, please do not hesitate to contact me at (848) 454-3980. Sincerely, nµah'.AA-- Kyle Ahearn, P,E, Senior Civil Engineer Enct: Engineering Report, DOH UiLity Plans & DetaiLs cc: FiLe Packet Pg. 26 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-121 Meeting: 05/13/24 07:00 PM Department: Town Clerk Category: Personnel Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6181 Resolution Correcting Salary Appropriations In The Justice Court WHEREAS, the Town of Wappinger ("Town") and Teamster Local 445 ("TEAMSTER") are parties to a Collective Bargaining Agreement ("CBA") for the term January 1, 2023 -December 31, 2025, and WHEREAS, the Clerk to the Justice is a title that is currently subject to the CBA, and WHEREAS, the CBA reflects that the Clerk to the Justice should be making $21.84 per hour which was not reflected by the former Town Comptroller in the adopted 2024 budget, and WHEREAS, both Lavonne Cooper and Michelle Riccoboni area ppointed Clerks to the Justice and are subject to the raises reflected in the CBA, and WHEREAS, the retroactive compensation for Lavonne Cooper shall be $429.14 from January 1, 2024,and NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby directs the Town Comptroller to correct the aforementioned salary appropriation for Lavonne Cooper in Budget Line A1110 0104. NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby directs the Town Comptroller to correct the aforementioned salary appropriation for Michelle Riccoboni in Budget Line A1110 0105. NOW THEREFORE BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby directs the Town Comptroller to increase the hourly wages of Lavonne Cooper and Michelle Riccoboni to $21.84 per hour effective immediately pursuant to the CBA. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 5/7/2024 1:22 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-125 Meeting: 05/13/24 07:00 PM Department: Town Clerk Category: Appropriations Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6183 Resolution Authorizing Funding To Complete The Spook Hill Park Reconstruction Project WHEREAS, in 2016 the Town of Wappinger committed to the reconstruction of Spook Hill Park, and WHEREAS, the Town of Wappinger received funding from Dutchess County Government through a Community Development Block Grant as well as from privately funded donations to improve Spook Hill Park, and WHEREAS, due to unforeseen circumstances such as the COVID-19 pandemic, Spook Hill Park remains unfinished today and requires additional improvement to finish the project, and WHEREAS, the Director of Recreation and the Engineer to the Town have obtained quotes to purchase and install outdoor exercise equipment, a joggingtrack, new parking area, and a new basketball court, and WHEREAS, much of the labor and materials relating to the parking area, installation of equipment, and drainage to Spook Hill Park is expected to be performed in house to save on costs, and WHEREAS, a Capital Asset Line item within the B Fund called Spook Hill Park Re -Construction Project as per the Comptrollers Recommendation, will be added, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger establishes a budget of $235,000 from B -Fund Balance to complete the Spook Hill Park Reconstruction Project. COMMENTS - Current Meeting: The Following was added to the resolution: Capital Asset Line item within the B Fund called Spook Hill Park Re -Construction Project as per the Comptrollers Recommendation RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 5/22/2024 2:40 PM by Joseph P. Paoloni Page 1 O z TO I I� w I -Ti V C O FTJ z C C CO Z C FTJ :1�, ~li F— FTJ X C � F- r� C Lr) Lo IZ F- o ~ C) C-) C-) LO FTJX FTJ O O rr rrrr rr i rr rr rr r�r � F-9 i ,,, iii � - rrrr���� T m A :1�1 -Ti FrI :�o :1�, X z z C� C� FTJ -0 z �7 C � O C MIT Lawrence J. Paggi, P.E., P.C. Consulting Engineering 43 Broad Street Fishkill, New York 12524 Spook Mill Park Rehabilitation Project Itemized Cost Estimate May 6, 2024 Total $223,987.50 Total W/ OH&P $268,785.00 Material Material Labor/Equip Labor/Equip Operation Description Qty Unit Total Unit Cost Total Unit Cost Total Remove Handball Court Demolish Concrete 34.25 CYD $0.00 $0,00 $90.00 $3,082,50 $3,082.50 Remove Handball Court Dispose of Concrete 34.25 CYD $50.00 $1,712,50 $0.00 $0,00 $1,712.50 Remove Handball Court Backfill 34.25 CYD $0.00 $0,60 $20.00 $685,00 $685.00 Remove Handball Court Site Restoration 2400 SF $0.25 $600.00 $1.00 $2,400.00 "' $3,000.00 Remove portion of existing Demolish Court 12.7 CYD $0.00 $0,00 $90.00 $1,143,00 $1,143.00 bball court Remove portion of existing Dispose of Concrete 12.7 CYD $50.00 $635.00. $0.00 $0,64 $635.00 bball court Remove portion of existing Backfill 12.7 CYD $0.00 $0,00 $20.00 $254,00 $254.00 bball court Remove portion of existing Site Restoration 842 SF $0.25 $214.50, " $1.00 *842.00 $1,052.50 bball court remove existing fence Demolish Fence 185 LF $0.00 $0,40 $10.00 $1,850,00 $1,850.00 remove existing fence Dispose of Fence 6.8 CYD $50.00 $340,00 $0.00 $0,00 $340.00 remove existing fence Backfill 4.5 CYD $0.00 $0,00 $20.00 $90,00 $90.00 remove existing fence Site Restoration 370 SF $0.25 $92,50 ": $1.00 $370;00 $462.50 Install new Bball court Excavate & Grade Base 134 CYD $0.00 $0,60 $20.00 $2,680.00 $2,680.00 Install new Bball court Install & Compact Stone 100 CYD $50.00 $5,000,04 $20.00 $2,000.00 $7,000.00 Install new Bball court Install Asphalt 47 TON $90.00 $4,230,04: $75.00 $3,525,00 $7,755.00 Install new Bball court Site Restoration 950 SF $0.25 1$237.50 , $1.00 $950:00 $1,187.50 install new parking area Excavate & Grade Base 347 CYD $0.00 $0,60" $20.00 $6,940,00 $6,940.00 install new parking area Install & Compact Stone 347 CYD $50.00 $17,350.00 $20.00 $6,940.00 $24,290.00 install new parking area Site Restoration 1375 SF $0.25 $343.75 $1.00 $1,375.00 "' $1,718.75 install entryway curbing Excavate & Grade Base 14 CYD $0.00 $0.00 $20.00 $280.00 $280.00 install entryway curbing Install & Compact Stone 1.5 CYD $50.00 $75.00 $20.00 $30.00 $105.00 install entryway curbing Form & Pour Concrete 5 CYD $150.00 $750.00 $300.00 $1,500,00 $2,250.00 install entryway curbing Strip Forms & backfill 7.5 CYD $0.00 $0.00 $75.00 $562;50 $562.50 install entryway curbing Site Restoration 75 SF $0.25 $1835 " $1.00 $75.00 " $93.75 install new fencing Excavate Post Holes 2.5 CYD $0.00 $0,40 $20.00 $50.00 $50.00 install new fencing Pour & Set Posts 2.5 CYD $150.00 $375.00 $340.00 $850;00 $1,225.00 install new fencing Install chain link 140 LF $0.00 $0.00 $10.00 $1,400.00 "' $1,400.00 install walking track Excavate & Grade Base 103 CYD $0.00 $0,00 $20.00 $2,060,00 $2,060.00 install walking track Install Geofabric 4146 SF $0.25 $1,036,54 $1.00 $4,146,40 $5,182.50 install walking track Install & Compact Stone 77 CYD $50.00 $3;850104 $20.00 $1,540.00 $5,390.00 install walking track Install & Compact Stone Dust 26 CYD $50.00 $1,300:00 $20.00 $520,60 ' $1,820.00 install walking track Site Restoration 2194 SF $0.25 $548;50 ", $1.00 $2,104.00 " $2,742.50 install workout equipment Excavate & Grade Base 118 CYD $0.00 $0,60 $20.00 $2;360,00 $2,360.00 install workout equipment Install Concrete Bases 9 CYD $150.00 $1,350,04 + $340.00 $3,060.00 $4,410.00 install workout equipment Purchase Equipment 1 LS $107,936.00 $107,936,00 $0.00 $0,00 $107,936.00 install workout equipment Put Together Equip 18 EA $0.00 $0,00 , $320.00 $5,760,00 $5,760.00 install workout equipment Install Timber Border 216 LF $5.00 $1,080;00 $12.00 $2,592.00 $3,672.00 install workout equipment Install Mulch 118 CYD $0.00 $0.00 $20.00 $2,360.00 "' $2,360.00 emergency lightinting Excavate Trench 18 CYD $0.00 $0,00 $20.00 $360,00 $360.00 emergency lightinting Install Conduit 240 LF $8.00 $1,920.00 $5.00 $1,200,00 $3,120.00 emergency lightinting Stone Bedding 9 CYD $50.00 $450,00' $20.00 $180,00 $630.00 emergency lightinting Install Wiring 240 LF $0.50 $120:00' $2.50 $600.00 $720.00 emergency lightinting Install Pole Fixtures 2 EA $250.00 $500.00' $320.00 $640,00 $1,140.00 emergency lightinting Backfill 9 CYD $0.00 $0,00 $20.00 $180,00 $180.00 emergency lightinting Site Restoration 240 SF $0.25 $60.00 - $1.00 $240.00 $300.00 General Mobilize/Demobolize 2 EA $0.00 $0,00 $1,000.00 $2,000.00 " $2,000.00 Total $223,987.50 Total W/ OH&P $268,785.00 Town of Wappinger Meeting: 05/13/24 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Misc Town Board Decisions Prepared By: Graciela Robinson ADOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2024-127 Doc ID: 6186 B Resolution Referring Application To Planning Board Cedar Hills LLC WHEREAS, the Town Board is in receipt of a certain application for a Designed Residential Development from Cedar Hill LLC for the development of certain premises known as Tax Map Parcel 135689-6257-03-430260 pursuant to Section 240-50 of the Wappinger Town Code known as Acadia Place (the "Application"); and WHEREAS, the Application proposes 12 single family dwelling units on individual parcels, 66 dwelling units in 9 condominium buildings on a single parcel (all units proposed to be supplied by municipal water and sewer service); and an open space parcel to be owned by a homeowner's association; and WHEREAS, the Town's Director of Planning has determined that the Application is complete for for the commencement of review; and WHEREAS, the Town Board has conducted an initial review of the Application and advised the Applicant at the March 25, 2024 meeting of the Town Board and again hereby that the premises to be developed under the underlying district regulations for single family residential development for consistency with the surrounding developments, however, the Applicant's preference is to continue with the mixed single family / condominium proposal; and WHEREAS, pursuant to Section 240-50E which sets forth the procedure for review of Designed Residential Development, a referral of the Application is required for the review and report to the Town Board on the appropriateness of the proposal in the context of the Town Development Plan, the Official Map and the Zoning Code as well as for site plan and subdivision approval; and WHEREAS, inherent in the overall process is compliance with SEQRA, which, notwithstanding the sequence of the procedures set forth in Section 240-50, would need to be completed prior to any determinations to be made by the Planning Board for site plan and subdivision approval and any determinations made on the Special Permit by the Town Board; and NOW, THEREFORE, BE IT RESOLVED, that the Application is hereby referred to the Planning Board pursuant to Section 240-50E; and BE IT FURTHER RESOLVED, that the referral to the Planning Board does not imply that the criteria for the grant of a special permit has been met, which requires that the Town Board find that such development (i) will serve to implement the intent and purposes as set forth in this section of the Zoning Law; (ii) that the location and the physical character of the site proposed Updated: 5/23/2024 2:55 PM by Joseph P. Paoloni B Page 1 Resolution 2024-127 Meeting of May 13, 2024 for the designed residential development is suitable and appropriate for such a development; and (iii) that such development is otherwise in the public interest. BE IT FURTHE RESOLVED, that because other residential development projects similar in size and scope to the Application have been submitted to the Town for review in the vicinity of the Application, the SEQRA review of the Application should also include the impacts from those other certain projects and vice versa. COMMENTS - Current Meeting: This cannot move forward unless it comes back to the Town Board for final approval. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Updated: 5/23/2024 2:55 PM by Joseph P. Paoloni B Page 2 SUPERVISOR STATEMENT We have two resolutions on the agenda tonight referring two different projects to the planning board for consideration — both of which were submitted prior to my taking office. I would like to reiterate that when I ran for Supervisor my goals were, and continue to be, to provide for our residents who live here now. I believe in promoting innovative economic development, using existing empty malls and where utilities already exist along with limiting large housing developments that cause a burden on our infrastructure, increased traffic and crowding in schools. All in compliance with our Comprehensive Plan and our Greenway Connection. Contrary to projected reports and standards set by the industry in calculating estimates for things such as school age children expected to move into new developments, and the misnomer that school registration is down, the Superintendent of WCSD did state that elementary school enrollment is up. Universal pre -k now requires a hard look at what our school building situation will look like in three to five years. Accordingly, as one of our first major accomplishments, this Board unanimously passed a building moratorium on large scale multi -family housing. It is our responsibility to look out for our neighbors that live here now and ensure that the future of our beautiful Town of Wappinger is secure. Adopting Local Law I enables the Town to look to identify areas to preserve, limit further congestion and overcrowding, as well as foster new development in places that are innovative and that make the most sense for our community. This pause is crucial to ensuring that we do not contribute to traffic, crowd our schools, and overburden our police, ambulance, or volunteer fire companies. Additionally, the capacity of the Town's current water and sewer 0 0 L) r- 0 Z systems need to be analyzed. Expansion should be considered for the residents who live here now first. The moratorium will also allow the town to re -assess our comprehensive plan and where we want to be as aTown which will require research, studies, public hearings, and updates to our town codes. This is something the town has needed for some time now. (Conducting our own housing study- outdated traffic studies) Cedar Hill LLC, who is also represented by Mr. Stenger had previously submitted an application on December 29, 2023, under 240-50 for a designed resident development consisting of 78 units to be built over 10.55 acres. They also filed a lawsuit on February 6, 2024, piggy backing off Mid Hudson's lawsuit to be placed on the agenda. To avoid further litigation costs, a stipulation of settlement was signed. The lawsuit prevents the moratorium from applying to this project That stipulation provides that if the matter is referred to the planning board, they will discontinue the lawsuit. For the record, I would again note that Mr. Stenger has represented that it is applicant's intent to proceed forward, ad bear all cost responsibility in the lack of currently being able to provide for, among other things, water, sewerage, and other needed improvements. In my opinion this renders the application incomplete. (For that reason, I am voting no to referring to the planning board until this matter is resolved) 0 0 L) r- 0 z Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2024-128 Meeting: 05/13/24 07:00 PM Department: Town Clerk Category: Misc Town Board Decisions Prepared By: Graciela Robinson Initiator: MinuteTraq Admin Sponsors: Supervisor Joseph D. Cavaccini DOC ID: 6185 Resolution Referring Application To Planning Board Conservation Corners WHEREAS, the Town Board is in receipt of a certain application for a Conservation Subdivision from Mid -Hudson Development Corp. for the development of certain premises known as Tax Map Parcel 6257-03-247036-0000 pursuant to Section 240-19B of the Wappinger Town Code known as Conservation Corners (previously known as Joey Estates) (the "Application"); and WHEREAS, the Applicant proposes 66 residential units consisting of 22 single family dwelling units on individual parcels, 44 dwelling units in 11 townhouse style buildings on a single parcel (all units proposed to be supplied by private water and sewer service), which lot count is a preliminary determination to which the Town, the Town Board and the Planning Board are not beholden to, and open space parcels which use shall be determined by the Town Board to be owned by a homeowner's association and which parcels shall contain easements for community rights so as to benefit from the beauty of the open spaces; and WHEREAS, the Applicant acknowledges that the Town of Wappinger Comprehensive Plan included a goal to improve housing choice in the Town by encouraging a balance of housing types and sizes. That goal also included that new higher density development be made in existing areas that can be most economically served by existing roads, utilities, and community facilities; and WHEREAS, the Town Board has been requested by the Applicant to refer the Application to the Planning Board for review in anticipation of a future request to the Town Board pursuant to §240-19B to permit the Planning Board to modify the zoning regulations in the district with respect to lot area and dimensions pursuant upon such conditions as the Town Board may impose; and WHEREAS, the Town Board has conducted an initial review of the Application and advised the Applicant that it prefers that the premises to be developed under the underlying district regulations for single family residential development for consistency with the surrounding developments, and WHEREAS the Application still contains a mixture of single-family units and town house units and proposes a future connection to the Town's water district; and WHEREAS, the Applicant has previously acknowledged that regarding future water and sewer connections, the Town's Comprehensive Plan is clear that the goal was and is for the development of a system of central utilities to address the needs of existing developed areas with water supply and sewage treatment problems; and Updated: 5/23/2024 2:53 PM by Joseph P. Paoloni Page 1 Resolution 2024-128 Meeting of May 13, 2024 WHEREAS, inherent in the overall process is compliance with SEQRA, which, notwithstanding the sequence of the procedures set forth in Section 240-19B, would need to be completed prior to any authorizations to be made by the Town Board for the conservation subdivision; and NOW, THEREFORE, BE IT RESOLVED, that the Application is hereby referred to the Planning Board for conservation subdivision review and completion of SEQRA; and BE IT FURTHER RESOLVED, that the referral to the Planning Board does not imply that the Town Board will authorize the Planning Board to modify the zoning regulations in one -family residence districts with respect to lot area and dimensions as they relate to the lots containing multi -family units; and BE IT FURTHER RESOLVED, that the Town Board has no present intention to permit a connection to a Town water district and recommends that the Applicant causes the Application to be processed without any proposal for a connection to the Town's water district; and BE IT FURTHER RESOLVED, per 240-19B, that the Town Board's authorization of the Planning Board to modify the zoning regulations in one -family residence districts with respect to lot area and dimensions shall be upon such conditions as the Town Board may impose and that the referral does not imply that the Town Board will authorize the use of 240-19B as they relate to the lots containing detached units; and be processed without any proposal for a connection to the Town's water district; and BE IT FURTHER RESOLVED, that because other residential development projects similar in size and scope to the Application have been submitted to the Town for review in the vicinity of the Application, the SEQRA review of the Application should also include the impacts from those other certain projects and vice versa. COMMENTS - Current Meeting: This is a Brand New Project filed under 240-19B NOT under 240-50. This project is not in the water district and it is not clear whether there is enough water in the ground at that location. This is under the clustering section of the zoning code where the Town Board will eventually decide whether they want to allow clustering. RESULT: ADOPTED AS AMENDED [4 TO 11 MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: William H. Beale, Angela Bettina, Christopher Phillips, Al Casella NAYS: Joseph D. Cavaccini Updated: 5/23/2024 2:53 PM by Joseph P. Paoloni Page 2 CONSERVATION CORNERS For the record, and by way of background and information, Mid -Hudson Development had previously filed an application under Town Code §240-50 on November 30, 2022. Prior to that submission, the then Town Board was in discussions to repeal §240-50 with a draft resolution being referred to the Planning Board on November 10, 2022 (see complaint page 11 paragraph 50). On January 23, 2023, §240-50 was repealed. A lawsuit followed with the applicant being represented by Mr. Stenger. The judge in that case reinstated §204-50 and directed the town to "proceed with review of Mid -Hudson's' application as filed on November 30, 3033 under local law section 250-50" (see decision and order page 11, 3rd Ordered). Again, for the record, I would note the applicant is now filing under §240 -19B -Conservation Subdivisions; with a brand-new project for 66 units. For the record, I would note that Mr. Stenger has represented that it is applicant's intent to proceed forward, ad bear all cost responsibility in the lack of currently being able to provide for, among other things, water, sewerage and other needed improvements. For that reason, it is my opinion the application is deficient and am voting no.