2025-702025-70
Resolution Authorizing Costs Incurred Through Executive Order 2025-1 And Executive
Order 2025-2
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 March 10,
2025.
The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2025-70
Yes/Aye
No/Nay
Abstain
Absent
2 Adopted
❑ Adopted as Amended
Joseph D. Cavaccini
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Christopher Phillips
Mover
Q
❑
❑
❑
Al Casella
Seconder
Q
❑
❑
❑
The following Resolution was introduced by Councilman Phillips and seconded by
Casella.
WHEREAS, on January 26, 2025, at approximately 6:30pm, members of the Dutchess County
Sheriff's Office while on the Wappinger Patrol responded to 78 Marlorville Road in the Town of
Wappinger for a report of a fully involved structure fire, and
WHEREAS, volunteer firefighters from Hughsonville, Chelsea, New Hackensack, New Hamburg,
and Fishkill Fire Districts extinguished the fire and found that two deceased victims were located
inside the residence at 78 Marlorville Road, and
WHEREAS, upon further investigation by the Dutchess County Sheriff's Office, it has been
determined that the cause of the fire was arson as well as an additional series of horrific criminal
acts that led to the deaths of the residents of 78 Marlorville Road, and
WHEREAS, the fire has caused substantial structural damage to the residence located at 78
Marlorville Road that posed a significant clear and present danger to public safety, and
WHEREAS, due to the tragic and complex nature of this incident it was paramount to the integrity of
the investigation that the structure remained standingforthe purposes of gathering evidence and
other information associated with the investigation, and
WHEREAS, due to deaths of the residents of 78 Marlorville Road information regarding insurance
companies and ownership remained unknown at the time, and
WHEREAS, on January 28, 2025, Town Supervisor Joseph D. Cavaccini issued Executive Order 2025-
1, under the powers granted to him by Article 2-B X24 of New York State Executive Law, that a State
of Emergency existed in the Town of Wappinger with respect to the building and premises located at
78 Marlorville Road and that immediate measures were required to secure the aforementioned
dangerous and hazardous conditions and to secure the integrity of the criminal and fire
investigation, and
WHEREAS, through Town Supervisor Joseph D. Cavaccini's Executive Order 2025-1, corrective
measures were immediately undertaken to cure the aforementioned dangerous and hazardous
conditions to eliminate the threat to the general public and to secure the integrity of the
investigation, and
WHEREAS, the Dutchess County District Attorney and Dutchess County Sheriff's Office have
finished collecting evidence needed from the site to conclude the criminal and fire investigation
and no longer need access to the residence located at 78 Marlorville Road, and
WHEREAS, the need to keep the structure at 78 Marlorville Road no longer exists and presents a
clear and present danger to those on the property and the general public, and
WHEREAS, on February 25, 2025, Town Supervisor Joseph D. Cavaccini issued Executed Order
2025-2, under the powers granted to me by the State of New York in Article 2-13 X24 of Executive
Law, do hereby declare that a State of Emergency exists in the Town of Wappinger with respect to
the building and premises located at 78 Marlorville Road and that immediate measures were
required to demolish and eliminate the threat to the general public.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town of Wappinger Town Board hereby ratifies and confirms that actions taken through
Executive Order 2025-1 and Executive Order 2025-2 taken by the Hughsonville Fire Company Chief
of Department, Town Supervisor Joseph D. Cavaccini, Councilman William H. Beale, and the
Superintendent of Highways Michael J. Sheehan pursuant to X93-11 requiring the demolition of the
unsafe building located at 78 Marlorville Road.
2. The Town Board hereby directs that all costs for removal of the unsafe structure be recorded
upon vouchers by the contractors and submitted to the Office of the Town Supervisor for review and
approval.
3. The Town Clerk shall cause a copy of this resolution and the vouchers detailing the costs of
demolition and removal to be served upon the owner of the property pursuant to X93-7 of the Town
of Wappinger Code, unless the owner of the property waives such service in writing.
4. The Town Board hereby directs that should the costs incurred by the Town of Wappinger in
demolishing and removing the unsafe structure not be paid by the property owner or its insurance
carrier, said funds shall be paid from the Unallocated B Fund Balance.
S. Any charges not paid by the owner or its insurer may be assessed against the real property
located at 78 Marlorville Road (Tax Parcel ID 135689-6057-02-931926) and shall be levied and
collected in the same manner as provided in Article 15 of the Town Law for the levy and collection
of a special ad valorem levy as provided by X93-10 of the Town Code after notice to the owner and
an opportunity to be heard and further action of the Town Board.
The foregoing was put to a vote which resulted as follows
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Christopher Phillips, Councilman
SECONDER:
Al Casella, Councilman
AYES:
Cavaccini, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
3/10/2025
The Resolution is hereby duly declared Adopted.
JOSE,Pq P. PAOLONI, TOWN CLERK