2020-09-28
Town of Wappinger 20 Middlebush Road
Wappingers Falls, NY 12590
Regular Meeting townofwappinger.us
~ Minutes ~ Joseph Paoloni
(845)297-5771
Monday, September 28, 2020 7:00 PM Town Hall
I. Call to Order
Attendee Name Organization Title Status Arrived
Richard Thurston 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 Absent
Christopher Phillips Town of Wappinger Councilman Present 7:00 PM
Al Casella Town of Wappinger Councilman Present 7:00 PM
Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:00 PM
Cooper M Leatherwood Town of Wappinger Deputy Town Clerk Present 7:00 PM
Jim Horan Consultant Attorney Present 7:00 PM
Tim Moot Consultant Engineer Present 7:00 PM
II. Salute to the Flag
III. Agenda and Minutes
1. Motion To: Adopt Agenda
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
2. Motion To: Acknowledge Minutes of September 14, 2020
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
Town of Wappinger Page 1 Printed 10/8/2020
Regular MeetingMinutesSeptember 28, 2020
IV.Reports
1. Supervisor's Report
Supervisor Thurston gave a summary of the operations that occurred during COVID19. He
spoke on voting and the census. He encouraged all to be counted in the census specifically for
the reasons of State and Federal funding and allotted representatives.
V.Public Hearing
In The Matter Of The Increase And Improvement Of The Facilities Of The United
Wappinger Water District, In The Town Of Wappinger, Dutchess County, New York
(Interconnection With Village)
Public Hearing Opened by Casella and seconded by Phillips.
RESULT: CLOSED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Al Casella, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
In The Matter Of The Increase And Improvement Of The Facilities Of The United
Wappinger Sewer District, In The Town Of Wappinger, Dutchess County, New York
(Tri-Municipal Upgrades)
Public Hearing Opened by Phillips and seconded by Beale.
RESULT: CLOSED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
Resolution Introducing Local Law No. 3 Of 2020 Which Would Amend Chapter 240,
Zoning, Chapter 217, Subdivision Of Land, Chapter 145, Go-Carts, And Chapter 122, Fees
And Fines, Of The Town Code With Respect To A Variety Of Matters
Public Hearing Opened by Phillips and seconded by Beale.
RESULT: CLOSED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
Resolution Intr
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Regular MeetingMinutesSeptember 28, 2020
Public Hearing Opened by Casella and seconded by Phillips.
Councilman Phillips explained that in the document that there are missing parks and to include
the cemeteries. He asked to put the 'responsibility of the parks' outlined in the law to be Town
Board and/or the Director of Recreation, i.e. Section 171-3 under recreation director. He added
that the closing of parks should include building and grounds. The board questioned the handing
out of flyers and carrying signsin the parks. They agreed to submit their amendments for
discussion at the next meeting. The director agreed to add these provisions to the law that were
discussed and others to be submitted.
RESULT: ADJOURNED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
VI. Public Portion
1. Motion To: Open Public Portion
Mark and Marlon Chung of 2 Hackensack Heights Road, in reference to item 6, 376 Holdings
Gas Station, asked about the turning into and out of the proposed gas station on Route 376.
Attorney Horan noted that it is a county road with a plan to make a right turn into the station
coming north and a right turn out going north only. The Chungs also addressed the lighting and
the county water line.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: Al Casella, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
2. Motion To: Close Public Portion
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
Town of Wappinger Page 3 Printed 10/8/2020
Regular MeetingMinutesSeptember 28, 2020
VII.Discussions
1. Engineer's Update
Engineer Tim Moot recently submitted applications for Fleetwood Wastewater Treatment
upgrade for a $4.3 million project; Midpoint Sewer a $12.1 million project; and, Atlas
Wells/Meadowwood filtration for $5.2 million.
2. Carnwath Water Connection
County Legislator Cavaccini explained the activities at Carnwath and the rentals of portions of
the facility. He asked for $23,721 to run plumbing from the existing mechanical room to two
kitchens, install water heaters and connect the bathrooms to make them useable. He and
Dutchess County Legislator Lisa Paoloni met with Dutchess County chair Greg Pulver for
Grants. The county expects to announce the amount of funds that granted for a town project. He
proposed a new fee schedule specific to the facility. Councilman Phillips asked for the aged
septic to be looked at. Councilman Beale objected to the use of Carnwath Park arguing that the
mansion could be unsafe.
Park Signs
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Regular MeetingMinutesSeptember 28, 2020
COMMENTS -Current Meeting:
Student worker, Joey Cavaccini handed out the final report for Park Signs. Director Fulton
explained the layout of the signs, Details are available on the Town's Website. Steve Frazier is
working on ordering the signs specifically the quantity and final content. Councilman Beale
pointed out inconsistencies between the parks.
3. Recreation Update
Director Fulton issued the following Updates:
The installation at Quiet Acres is in progress but delayed a couple of weeks. The vendor
simply did not show up without communication.
Director Fulton updated activities at the senior center. The Elk's Christmas luncheon will
at the drive thru right here at town hall.
Sky Hawks sports is looking to introduce volleyball. They will do all the registration and
pay us a 10% royalty starting October 17 to run for 7 weeks.
The annual craft fair will be moved outdoors of Town Hall. The $25 fee was waived.
The board agreed.
The county felt that the Car show proposed at the last meeting was a low impact event.
The board agreed to spend no more than $1,500 on the Fowler House Road Basketball apparatus
approved at a prior town board meeting. The floor action was moved by Beale and seconded by
Casella.
VIII. Resolutions
RESOLUTION: 2020-110
Resolution Accepting Padasana Court And Related Easements For All Angels Heights
Subdivision Together With Maintenance Agreement Secured By Cash Deposit
WHEREAS,
westerly side of All Angels Hill Road, and
WHEREAS, RJA HLD made application to the Town of Wappinger Planning Board to approve a
WHEREAS, the Town of Wappinger Planning Board granted Conditional Final Subdivision Plat
Approval by Resolution dated November 17, 2014, subject to, and conditioned upon, fulfillment of
the conditions set forth in the aforementioned Resolution, and subject to certain improvements
being made and constructed as shown on the aforesaid Plat as required by the Town of Wappinger
Subdivision Regulations; and
WHEREAS, the Plat was filed in the office of the Dutchess County Clerk on October 21, 2016 as
Filed Map 11701B; and
WHEREAS, by letter dated April 30, 2020, the Engineers to the Town have advised that the
construction of Padasana Court and the related improvements have been completed; and
WHEREAS, pursuant to §214-43 of the Town of Wappinger Code, RJA HLD is required to post a
highway construction guaranty in the form of a bond or performance guarantee in an amount equal
to $104,937.08, which is 20% of the cost of construction, to be held for a period of three years to
guarantee that any defects of the type described in §214-76(B) shall be cured; and
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WHEREAS, RJA HLD tendered to the Town of Wappinger a deed for the right of way for
Padasana Court from R.J.A. HLD. INC. together with the associated transfer documents all in
recordable form and approved by the Attorney to the Town, James P. Horan, Esq.; and
WHEREAS, the Superintendent of Town Highways and the Engineer to the Town have
recommended that the Town Board accept Padasana Court as a town;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby determines that it is in the best interest of the residents of the
Town of Wappinger to accept Padasana Court as a Town Highway together with the
drainage facilities and other public improvements located in the highway right of way, except
those specifically excepted by the subdivision plat.
2. The Town Board hereby accepts a maintenance bond in the amount of $104,937.08 as a
highway construction guaranty in accordance with §214-43 of the Town of Wappinger Code
which shall be held for a period of three years to guarantee that any defects of the type
described in §214-76(B) shall be cured.
3. The Maintenance Agreement executed by RJA HLD, as Obligor, in favor of the Town of
Wappinger, as Obligee, is accepted as the guarantee that the quality and workmanship of the
road and other public improvements will be free from defects in materials and workmanship
for a period of three years from the date of acceptance by the Town as required by §214-43.
4. This acceptance is expressly conditioned upon RJA HLD delivering the right of way and the
public improvements to the Town free and clear of any liens or encumbrances, and upon
payment by RJA HLD of all outstanding fees and escrow reimbursements due to the Town.
5. The Town Supervisor and the Attorney to the Town are authorized to execute any and all
documents necessary for the recording of the deed and easements from RJA HLD.
6. The Attorney to the Town is directed to cause the deed and easements to be filed in the
property records of the Dutchess County Clerk.
7. Upon its return from the County Clerk, the Town Clerk is directed to file the deed for the
town highway in his files as required by Highway Law §171(1).
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-110
Yes/Aye No/Nay Abstain Absent
Adopted
Adopted as Amended
Richard Thurston Voter
Defeated
William H. Beale Voter
Tabled
Angela Bettina Voter
Withdrawn
Christopher Phillips Seconder
Next: 10/26/20 7:00 PM
Al Casella Mover
Dated: Wappingers Falls, New York
September 28, 2020
The Resolution is hereby duly declared Tabled.
RESOLUTION: 2020-126
Resolution Adopting Local Law No. 3 Of 2020 Which Would Amend Chapter 240, Zoning,
Chapter 217, Subdivision Of Land, Chapter 145, Go-Carts, And Chapter 122, Fees And
Fines, Of The Town Code With Respect To A Variety Of Matters
WHEREAS, the Town Board is considering the adoption of Local Law No. 3 of 2020 which
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Regular MeetingMinutesSeptember 28, 2020
would amend Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 145, Go-Carts, and
; and
WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the
Southern Dutchess News and the Poughkeepsie Journal as required by law; and
WHEREAS, a Public Hearing was held on July 13, 2020 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, for the purposes of the New York State Environmental Quality Review Act
(SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, Chapter 217, Subdivision
of Land, Chapter 145, Go-Carts, and Chapter 122, Fees and Fines, of the Town Code with respect
to a variety of matters; and
WHEREAS, the Town Board has determined that the Proposed Action is an action for which
there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead
Agency for this action; and
WHEREAS, on July 13, 2020 and pursuant to the State Environmental Quality Review Act
regulations, the Town Board adopted a Negative Declaration, thereby finding that the Proposed
Action will not result in any significant adverse environmental impacts, that a Draft Environmental
Impact Statement will not be required, and that the SEQRA process is complete; and
WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board
for its advisory opinion; and
WHEREAS, as in accordance with Section 239 of the New York State General Municipal
Law, the Town Board referred the proposed Local Law to the Dutchess County Department of
Planning and Development (DCDPD) for its advisory opinion; and
WHEREAS, the Town Board has given due consideration to the comments of the Town
Planning Board and the DCDPD; 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 Town Board hereby adopts and incorporates the recitations and statements set forth
above as if fully set forth and resolved herein.
2. The Town Board, after due deliberation, finds that it is in the best interest of the Town to
adopt said Local Law, and the Town Board hereby adopts Local Law No. 3 of 2020, a copy of
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Regular MeetingMinutesSeptember 28, 2020
which is attached hereto and made a part of this Resolution; except as specifically modified
by the amendments contained therein, the Town Code, as originally adopted and amended
from time to time thereafter, is to remain in full force and effect.
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.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-126
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Seconder
Dated: Wappingers Falls, New York
September 28, 2020
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2020-154
e Existing
WHEREAS, a Resolution was duly adopted by the Town Board of the Town of
Wappinger introducing a proposed
Amending Chapter 171 of the
of adoption by the Town Board; and
WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and
the Poughkeepsie Journal as required by law; and
WHEREAS, a Public Hearing was held on September 28th, 2020 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 is a Type II
action pursuant to 6 NYCRR § 617.5(c)(20) and is otherwise exempt from 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, that the Town Board of the Town of
Wappinger hereby adopts the Local Law entitled,
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a copy of which is attached
hereto and made a part of this Resolution; and
BE IT FURTHER RESOLVED, that 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
shall file the Local Law with the Secretary of State of New York as provided by law; and
BE IT FURTHER RESOLVED, that this Local Law shall become effective
immediately upon filing with the Secretary of State as provided by law.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-154
Yes/Aye No/Nay Abstain Absent
Adopted
Adopted as Amended
Richard Thurston Voter
Defeated
William H. Beale Mover
Tabled
Angela Bettina Voter
Withdrawn
Christopher Phillips Seconder
Next: 10/13/20 7:00 PM
Al Casella Voter
Dated: Wappingers Falls, New York
September 28, 2020
The Resolution is hereby duly declared Tabled.
RESOLUTION: 2020-155
Resolution Setting A Public Hearing On Proposed Benefit Assessment Rolls For Special
Improvement Districts And Special Improvement Areas For Fiscal Year 2021 And To Hear
Any Objections Thereto
WHEREAS, the Town Assessor, on behalf of the Town Board, is required to create
preliminary benefit assessment rolls for Special Improvement Districts and Improvement Areas
within the Town of Wappinger each year pursuant to Town Law § 202-a; and
WHEREAS, the Town Board is required by Town Law § 202-a to hold a public hearing
in accordance with the provisions of Town Law § 239 to consider any objections to the annual
benefit assessment roll.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby schedules a
Public Hearing to be held at a Regular Meeting of the Town Board on October 26, 2020 at 7:30
p.m. at Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the purposes of
hearing and considering any objections which may be made to the benefit assessment rolls for
the Special Improvement Districts and Special Improvement Areas in the Town of Wappinger
listed below for Fiscal Year 2021:
SPECIAL IMPROVEMENT DISTRICTS:
United Wappinger Water District
Fleetwood Manor Water District
United Wappinger Sewer District
Wildwood Sewer District
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Regular MeetingMinutesSeptember 28, 2020
Fleetwood Manor Sewer District
Mid-Point Park Sewer District
The Regency at Wappinger Lighting District
Keenan Acres Drainage District
Blackwatch Farms Drainage District
Meadowood Drainage District
Tuscany Subdivision Drainage District
Furnia Drainage District
SPECIAL IMPROVEMENT AREAS:
WST/TIA - Phase 3A
Wappinger Sewer Improvement Area No. 5
Wappinger Sewer Improvement Area No. 1
Watch Hill Sewer Improvement Area
Watch Hill Water Improvement Area
BE IT FURTHER RESOLVED, that the Town Clerk is directed to publish a Notice of
Dutchess News and Poughkeepsie Journal, not less than ten (10) nor more than twenty (20) days
prior to said public hearing date and to post the Notice of Public Hearing on the Message Board
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-155
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Seconder
Withdrawn
Al Casella Mover
Dated: Wappingers Falls, New York
September 28, 2020
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2020-156
Resolution Setting Public Hearing On Proposed Budgets, O&M Charges, Water/Sewer
Rates And Rents For Special Improvement Districts And Special Improvement Areas For
Fiscal Year 2021 And To Hear Any Objections Thereto
WHEREAS, the Town Board annually establishes budgets for the financing of capital
improvements of all Special Improvement Districts and Special Improvement Areas within the
Town of Wappinger for the ensuing year, and as part of the budget process the Town Board
establishes Operation and Maintenance Charges (O&M Charges), Rates and/or Rents, to be
charged against those properties within said Special Improvement Districts or Special
Improvement Areas; and
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WHEREAS, the Town Board will have completed the proposed budgets for the
financing of capital improvements for the proposed quarterly O&M Charges, Rates and Rents to
be charged against those properties within said Special Improvement Districts and Special
Improvements Areas for Fiscal Year 2021 no later than October 1, 2020; and
WHEREAS, the Town Board, as required by Town Law, hereby schedules and orders a
Public Hearing to be held on October 26, 2020 for the purposes of hearing and considering any
objections which may be made to the aforementioned proposed budgets, and the proposed
quarterly O&M Charges, Rates and Rents for the Special Improvement Districts and Special
Improvement Areas for Fiscal Year 2021.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby schedules a
Public Hearing to be held at a regular meeting of the Town Board on October 26, 2020 at 7:30
p.m. at Town Hall, 20 Middlebush Road, Wappingers Falls, New York for the purposes of
hearing and considering any objections which may be made to the proposed budgets and the
proposed quarterly O&M Charges, Rates and Rents to be levied against the properties within the
Special Improvement Districts and Special Improvement Areas in the Town of Wappinger, as
noted below, for Fiscal Year 2021.
SPECIAL IMPROVEMENT DISTRICTS:
Town-wide Ambulance District
United Wappinger Water District
Fleetwood Manor Water District
United Wappinger Sewer District
Wildwood Sewer District
Fleetwood Manor Sewer District
Mid-Point Park Sewer District
Cameli Lighting District
Chelsea Lighting District
Hughsonville Lighting District
The Regency at Wappinger Lighting District
Keenan Acres Drainage District
Blackwatch Farms Drainage District
Meadowood Drainage District
Tuscany Subdivision Drainage District
The Hamlet Conservation Park District
Fieldstone Conservation Park District
Kendall Farms Conservation Park District
SPECIAL IMPROVEMENT AREAS:
WST/TIA - Phase 3A
Sewer Improvement Area #5
Wappinger Sewer Improvement Area No. 1
Watch Hill Sewer Improvement Area
Watch Hill Water Improvement Area
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BE IT FURTHER RESOLVED, that the Town Clerk is directed to publish a Notice of
Dutchess News and Poughkeepsie Journal, not less than five (5) days prior to said public hearing
date and is further directed to post the Notice of Public Hearing on the Message Board of the
Town and on the Town website as set forth above.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-156
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Mover
Withdrawn
Al Casella Seconder
Dated: Wappingers Falls, New York
September 28, 2020
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2020-157
Resolution Accepting Undertaking Secured By Cash Deposit For Restoration In
Connection With Route 376 Holdings, Inc.
WHEREAS,
property located at 1592 Route 376 in the Town of Wappinger designated as Tax Parcels 6259-04-
530251 and 6259-04-
Special Use Permit Approvals by the Town of Wappinger Planning Board; and
WHEREAS, the Owner has made a request to allow for limited tree clearing and grading on
the Property, prior to the signing of the Final Subdivision Plan and Site Plan, to allow for the
installation of the building foundation for their new convenience store; and
WHEREAS, the Owner plans to deliver to the Town a Cash Deposit in the form of a Bank
Check in the amount of $25,177.00 as security for the restoration of the property in the event that
Final Approval is not granted; and
WHEREAS, the terms of the Undertaking authorize the Town of Wappinger to draw
against the aforementioned Cash Deposit in the event the Owner does not receive Final Approval
and the project site is not restored in accordance with the terms of the Undertaking.
NOW, THEREFORE, BE IT RESOLVED, that when the deposit is received that the Town
Board hereby determines that the Cash Deposit, when received, in the form of a Bank Check in the
amount of $25,177.00 is acceptable and sufficient as a guarantee to secure the obligation to restore
the project site in the event the Owner does not fulfill its obligations as provided in the Undertaking;
and
BE IT FURTHER RESOLVED, that the this resolution is contingent that the Town Board
receives the Cash Deposit in the total sum of $25,177.00, as security for the faithful performance for
the completion of the obligations set forth in the Undertaking; and
BE IT FURTHER RESOLVED, that when check is received that the Town Supervisor is
directed to deposit the aforementioned Cash Deposit in a bank account maintained by the Town, to
be held in escrow, pending compliance with the terms of the Undertaking.
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The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-157
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Seconder
Withdrawn
Al Casella Mover
Dated: Wappingers Falls, New York
September 28, 2020
The Resolution is hereby duly declared Adopted as
Amended.
RESOLUTION: 2020-158
Correspondence Log
Resolution Authorizing the Acceptance of the Correspondence Log
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-2020-158
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Mover
Withdrawn
Al Casella Seconder
Dated: Wappingers Falls, New York
September 28, 2020
The Resolution is hereby duly declared Adopted.
IX. Items for Special Consideration/New Business
Councilman Beale asked about a sign, 'No Outlet' on Fowlerhouse Road.
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X.Executive Session -HR and Contract Matters
1. Motion To: Enter Executive Session
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: William H. Beale, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
2. Motion To: Return From Executive Session
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
XI. Adjournment
Motion To: Wappinger Adjournment & Signature
The meeting adjourned at 11:17 PM.
____________________
Joseph P. Paoloni
Town Clerk
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: Al Casella, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
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8.1.a
ROAD MAINTENANCE AGREEMENT SECURED BY BOND
FOR PADASANA CORT (All Angels Heights Subdivision)
WHEREAS, the undersigned, R.J.A. HLD., INC, having an address of 51 Myers Corners
Road, Wappingers Falls, NY 12590, completed the roads and other required public improvements in
connection with
, which map has been filed in
the Dutchess County Office as filed map number 11701B on October 21, 2016 (hereinafter
the Subdivision which have been dedicated and accepted by the Town of Wappinger (hereinafter
; and
WHEREAS, pursuant to §214-43(B) of the Town of Wappinger Code the undersigned is
required to guarantee that the quality and workmanship of any roads and public improvements to be
dedicated to the Town in connection with the aforementioned Subdivision, will be free from defects
in materials and workmanship for a period of two years from the date of acceptance by the Town;
and
NOW, THEREFORE, R.J.A. HLD., INC. guarantees that the quality and workmanship of
the roads and other public improvements constructed and installed in connection with the
Subdivision will be free from defects in materials and workmanship for a period of three years from
the date of acceptance of said roads and improvements by the Town, and as security for this
Maintenance Agreement, the undersigned delivers to the Town the following security for the faithful
performance of the obligations contained herein a Road Maintenance Bond issued by
_____________________________ bearing number ______________________, in the principal
sum of One Hundred Four Thousand Nine Hundred Thirty Seven and 08/1000 ($104,937.08)
issued in favor of the Town of Wappinger and the undersigned consents to the terms thereof as
security for the obligations contained herein.
Date: May ____, 2020
R.J.A. HLD., INC,
________________________________
By: Robert Macho, President
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
On the ____ day of May 2020, before me, the undersigned, personally appeared Robert Macho
personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his capacity, and that by his signature on the instrument, the individual, or the person upon
behalf of which the individual acted, executed the instrument.
_____________________________
Notary Public
Attachment: All Angels Heights Maintenance Agreement for Roads (RES-2020-110 : Accepting Padasana Court And Related Easements For All
Packet Pg. 30
8.1.b
Attachment: 20200506-Padasana Crt Ltr (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights
Packet Pg. 31
8.2.a
Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees & Fines)
Packet Pg. 32
8.2.a
Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees & Fines)
Packet Pg. 33
8.2.a
ToDate #pgs
Dutchess County Department of
Co./Dept.From
Only
Planning and Development
Fax Info
Fax #Phone #
239 Planning/Zoning Referral - Exemption Communities
Municipality:Town of Wappinger
Referring Agency: Municipal Board
Tax Parcel Numbers(s): 0088350000, 9968420000, 9878520000, 9598700000, 9488750000, 9609030000, 9658930000,
9739120000, 9768920000, 9778840000, 9898930000, 9918750000, 0108600000, 0328720000, 0278800000, 0178910000...
Project Name: Local law 2 of 2020 - several code changes and rezonings
Applicant:Town of Wappinger
Address of Property:
Exempt Actions:*Actions Requiring 239 Review
Parcels within 500 feet of:
239 Review is NOT Required
Comprehensive/Master Plans
State Road:
Administrative Amendments (fees,
Zoning Amendments (standards, uses,
procedures, penalties, etc.)
County Road:
definitions, district regulations, etc.)
Special Permits for residential uses
Rezonings involving all map changes
State Property (with recreation area
(accessory apts, home occupations,
or public building)
etc.)
Site Plans (all)
County Property (with recreation
Use Variances for residential uses
area or public building)
Special Permits for all non-residential uses
Please Fill in this section
Area Variances for residential uses
Municipal Boundary
Use Variances for all non-residential uses
Renewals/Extension of Site Plans or
Farm operation in an Agricultural
Special Permits that have no changes
District
Area Variances for all non-residential uses
from previous approvals
No Authority to review these Actions
Other Local Laws associated with zoning
Subdivisions / Lot Line Adjustments
(wetlands, historic preservation, affordable
housing, architectural review, etc.)
Interpretations
Other (Describe):
Exempt Action submitted for informal
review
Date Response Requested: 7/8/2020
Entered By: Tuttle, Dylan
*These actions are only exempt in municipalities that signed an intermunicipal agreemment with Dutchess County to that effect.*
For County Office Use Only
Response From Dutchess County Department of Planning and Development
No Comments:Comments Attached:
Matter of Local ConcernLocal Concern with Comments
No JurisdictionConditional
No AuthorityDenial
WithdrawnIncomplete with Comments- municipality must resubmit to County
Informal Comments Only (Action Exempt from 239 Review)
Incomplete - municipality must resubmit to County
Exempt from 239 Review
None
Date Submitted:6/15/2020
Notes:
Major Project
Date Received:6/18/2020
Referral #: ZR20-142
Date Requested:7/8/2020
Date Required:7/15/2020
Also mailed
Reviewer:
hard copy
Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees & Fines)
Date Transmitted:7/9/2020
Date Printed: 7/9/2020
Packet Pg. 34
8.2.b
Attachment: HD to HB Rezoning (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees
Packet Pg. 35
8.2.c
Attachment: Marlorville Rd Rezoning (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122
Packet Pg. 36
8.3.a
Chapter 171
Parks and Recreation
§171-1 Legislative intent.
It is the intent of this Chapter to protect the rights of all residents of the Town of Wappinger so
as to enjoy to the fullest extent possible parks and recreation areas located within the Town of
Wappinger.
§171-2 Designation of Parks and Recreation Areas.
The Town of Wappinger hereby establishes the following Town owned properties as official
park and recreation areas of the Town of Wappinger:
1. Airport Park Soccer Complex
2. Carnwath Farms Historic Site & Park
3. Castle Point Park
4. Fleetwood Park
5. Martz Field Recreation Facility
6. Quiet Acres Park
7. Reese Park Town Nature Preserve
8. Robinson Lane Baseball Complex
9. Rockingham Park Soccer Complex
10. Brexel-Schlathaus Park
11. Spook Hill Park
12. South Fowlerhouse (Card Road Basketball Court)
§171-3 General Park Rules and Regulations Applicable to All Parks and Recreation Areas.
The following rules and regulations shall apply to all parks in the Town:
A. Town parks and recreation areas shall be opened for public use between sunrise and Attachment: Chapter 171 -w- JPH Revisions (RES-2020-154 : Adopting “Local Law No. 4, 2020 ‘Parks
And Recreation’)
sunset unless other open hours are posted at any park.
Packet Pg. 37
8.3.a
B. Properly licensed dogs, wearing a license tag and vaccinated against rabies pursuant to
the laws of the State of New York and Town of Wappinger and restrained by a leash or
other restraint not exceeding six feet in length, may be brought into a park, except in no
event shall dogs or other animals be allowed to enter any playground, ballfield, basketball
court, handball court, tennis court, or other area prohibited by the Recreation Director.
Nothing in this paragraph shall be construed to prohibit persons with disabilities from
bringing service animals into a park as authorized by federal, state, or city law.
C. It shall be the duty of each dog owner or each person in possession, custody or control of
a dog to remove any feces left by his/her dog on any public area in any Town park.
D. No person shall cut, deface, injure, remove or disturb any tree, shrub, building, fence,
bench or any other structure, apparatus or property; or pick, cut or remove any shrub,
brush or flower; or mark or write upon any building, fence, bench, signs or other
structures.
E. No profane or abusive language shall be used in any Town park.
F. No persons shall sell or offer for sale any goods without permission from the Recreation
Director
G. No persons shall erect, post, carry or distribute any signs, flyers, posters or placards
without written permission of the Recreation Director.
H. No alcoholic beverages shall be permitted in the park area unless permission is received
from the Recreation Director, or except during activities sponsored by the Town.
I. No smoking.
J. Betting or gambling of any type is prohibited.
K. Baseball will be permitted only on diamonds set aside for this activity.
L. Hitting golf balls is prohibited, except in designated areas.
M. No persons shall erect any recreation or play equipment in any park without written
permission of the Recreation Director.
N. Open fires (that is to say, fires not in gasoline stoves, charcoal grills, etc.) or fires not in
designated places and any unattended fires are prohibited. No fire shall be left
Attachment: Chapter 171 -w- JPH Revisions (RES-2020-154 : Adopting “Local Law No. 4, 2020 ‘Parks And Recreation’)
unextinguished after use.
Packet Pg. 38
8.3.a
O. No camping without written permission of the Recreation Director.
P. No firearms, fireworks, air guns, bows and arrows or any dangerous weapons are
permitted, except that firearms lawfully in possession, if holstered or cased, may be
carried through a Town park.
Q. No hunting or trapping.
R. Throwing or leaving refuse in or on a Town park, other than in receptacles there provided
for trash, is prohibited.
S. No unlicensed motorized vehicles, including motorcycles, motorbikes, snowmobiles,
minibikes, all-terrain vehicles, etc., shall be operated or parked in a Town park area
outside designated roadways or designated parking areas. Licensed motor vehicles are
only permitted on drives and parking areas.
T. No vehicles shall be operated in a Town park at a speed in excess of 10 miles per hour.
U. No overnight parking of motor vehicles in any park area.
V. Privately owned boats, rafts or other artificial means of support on water shall be only
allowed entry upon waters in designated areas.
W. No swimming without written permission of the Recreation Director.
X. No persons shall enter upon any ice in any park.
Y. No entertainment or exhibition of any kind shall be given without the directions, approval
or supervision of the Recreation Director.
Z. No person shall throw stones or other missiles.
AA. No persons shall ride a horse or pony in any park.
§171-4 Closing of parks.
The Recreation Director, Supervisor and Town Board may close the park facilities whenever, in
their judgment, such action is deemed necessary or desirable for the protection of health or safety
of persons entitled to use such facilities.
Attachment: Chapter 171 -w- JPH Revisions (RES-2020-154 : Adopting “Local Law No. 4, 2020 ‘Parks And Recreation’)
Packet Pg. 39
8.3.a
§171-5 Regulations for Specific Parks.
Notwithstanding §171-3 above, the following rules and regulations specific to certain parks shall
be applicable. If the rule or regulation contained herein shall conflict with §171-3 above, this
section shall control:
A. Airport Park Soccer Complex - reserved
B. Carnwath Farms Historic Site & Park - reserved
C. Castle Point Park - reserved
D. Fleetwood Park - reserved
E. Martz Field Recreation Facility - reserved
F. Quiet Acres Park - reserved
G. Reese Park Town Nature Preserve - reserved
H. Robinson Lane Baseball Complex - reserved
I. Rockingham Park Soccer Complex - reserved
J. Brexel-Schlathaus Park - reserved
K. Spook Hill Park - reserved
L. South Fowlerhouse (Card Road Basketball Court) - reserved
§171-6 Park Rental regulation.
Any request for the use of a Park and Recreation Area shall be made pursuant to the following
Regulations:
A. Request for use of Park and Recreation facilities may be made up to one year in
advance of an event but no later than two (2) weeks prior to the intended date of use and is
subject to approval of the Recreation Director.
B. Persons wishing to reserve Town facilities for specific use shall first apply at the
Recreation office or online on the approved application form with all requisite documentation.
Applications shall be approved or denied by the Recreation Director. Denial of use may be
appealed to the Town Board.
C. The Recreation Director may set reasonable conditions upon any approval to use a
Town Facility.
D. The fee for use of certain Town Facilities shall be set by separate Resolution of
the Town Board which may be amended from time to time.
Attachment: Chapter 171 -w- JPH Revisions (RES-2020-154 : Adopting “Local Law No. 4, 2020 ‘Parks And Recreation’)
E. Adult supervision is required for any activity involving persons less than 18 years
of age. There shall be a minimum of one adult per each 10 persons less than 18 years of age.
Packet Pg. 40
8.3.a
F. All organizations, private parties in excess of 100 people, or any request that
involves the serving of alcohol must provide the following documentation to the Recreating
Director upon application:
(1) A current valid certificate of insurance naming the Town of Wappinger, 20
Middlebush Road, Wappinger Falls, NY 12590 as additional insured for the date(s)
applied.
(2) Comprehensive general liability limits of at least $1,000,000 per
occurrence/$2,000,000 aggregate.
(3) Request shall not be processed unless all requisite documentation is
provided at time of application.
G. Persons applying for use of Town lands must provide a signed hold harmless
agreement.
H. The Recreation Director shall have the responsibility to resolve all scheduling
conflicts involving the use of park facilities.
§171-7 Penalties for offenses.
Any person committing an offense against any provision of this chapter, or any rule or regulation
made pursuant thereto, shall, upon conviction thereof, be guilty of a violation punishable by a
fine in the amount set forth in Chapter 122, Article V, § 122-20U of the Code or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The
continuation of an offense against the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
§ 171-8 Enforcement.
This chapter may be enforced by any police agency having jurisdiction within the Town of
Wappinger.
§171-9 Posting.
A. Signs shall be conspicuously posted at the regular entrances to Town Parks to provide
notice of the park hours and other restrictions established by this Chapter. The failure to
post signs, or the failure to include the prohibited conduct on the sign shall not be a
defense against a violation of this Chapter and proof of posting a sign shall not be
required to establish a violation of this Chapter.
B. A person who enters or remains within a park after regular hours shall be deemed to have
Attachment: Chapter 171 -w- JPH Revisions (RES-2020-154 : Adopting “Local Law No. 4, 2020 ‘Parks And Recreation’)
Article 140 of the Penal Law for Burglary and related offenses.
Packet Pg. 41
8.4.a
LEGAL NOTICE
TOWN OF WAPPINGER
NOTICE OF PUBLIC HEARING
ON THE PROPOSED BENEFIT ASSESSMENT ROLLS FOR FISCAL YEAR 2021
FOR SPECIAL IMPROVEMENT DISTRICTS AND SPECIAL IMPROVEMENT
AREAS IN THE TOWN
NOTICE IS HEREBY GIVEN that the Town Assessor of the Town of Wappinger, Dutchess
County, New York, has filed proposed assessment rolls for those properties within the Special Improvement
Districts or Special Improvement Areas in the Town of Wappinger for Fiscal Year 2021, pursuant to Town
Law §§202-a & 239.
PLEASE TAKE FURTHER NOTICE that pursuant to § 239 of the Town Law, the Town Board
will conduct a Public Hearing at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, starting at
7:30 p.m. on October 26,2020 to hear any objections which may be made to the proposed benefit assessment
rolls for the following:
SPECIAL IMPROVEMENT DISTRICTS:
United Wappinger Water District
Fleetwood Manor Water District
United Wappinger Sewer District
Wildwood Sewer District
Fleetwood Manor Sewer District
Mid-Point Park Sewer District
The Regency at Wappinger Lighting District
Keenan Acres Drainage District
Blackwatch Farms Drainage District
Meadowood Drainage District
Tuscany Subdivision Drainage District
SPECIAL IMPROVEMENT AREAS:
WST/TIA Phase 3A
Sewer Improvement Area #5
Wappinger Sewer Improvement Area No. 1
Watch Hill Sewer Improvement Area
Watch Hill Water Improvement Area
PLEASE TAKE FURTHER NOTICE that copies of the proposed benefit assessment rolls have
been filed in the office of the Town Clerk, at Town Hall, 20 Middlebush Road, Wappingers Falls, New York
and are available for inspection during regular business hours on Monday through Friday from 8:30 A.M. to
4:00 P.M.
Dated: Wappingers Falls, New York
September 28, 2020
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF WAPPINGER
JOSEPH P. PAOLONI, TOWN CLERK
Attachment: Notice of Public Hearing on Spec Dist Benefit Assements for 2021 (RES-2020-155 : Setting A Public Hearing On Proposed Benefit
Packet Pg. 42
8.5.a
LEGAL NOTICE
TOWN OF WAPPINGER
NOTICE OF PUBLIC HEARING
TO HEAR ANY OBJECTIONS TO THE PROPOSED CAPITAL BUDGETS, O&M
CHARGES, WATER/SEWER RATES AND RENTS FOR SPECIAL
IMPROVEMENT DISTRICTS AND SPECIAL IMPROVEMENT AREAS FOR
FISCAL YEAR 2021
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger, Dutchess
County, New York, will complete tentative budgets for the Special Improvement Districts and Special
Improvement Areas in the Town of Wappinger. In accordance with the tentative budgets, the Town has
established proposed capital budgets, quarterly operation and maintenance charges, rates and/or rents to
be levied and charged against those properties within the Special Improvement Districts and Special
Improvement Areas in the Town of Wappinger in order to finance their capital needs and operation and
maintenance charges during calendar year 2021.
PLEASE TAKE FURTHER NOTICE that the Town Board will conduct a Public Hearing at
Town Hall, 20 Middlebush Road, Wappingers Falls, New York, starting at 7:30 p.m. on October 26,
2020 to hear any objections which may be made to the proposed capital budgets and proposed quarterly
operation and maintenance charges, rates and/or rents for the following Special Improvement Districts
and Special Improvement Areas:
SPECIAL IMPROVEMENT DISTRICTS:
Town-wide Ambulance District
United Wappinger Water District
Fleetwood Manor Water District
United Wappinger Sewer District
Wildwood Sewer District
Fleetwood Manor Sewer District
Mid-Point Park Sewer District
Cameli Lighting District
Chelsea Lighting District
Hughsonville Lighting District
The Regency at Wappinger Lighting District
Keenan Acres Drainage District
Blackwatch Farms Drainage District
Meadowood Drainage District
Tuscany Subdivision Drainage District
Furnia Drainage District
The Hamlet Conservation Park District
Fieldstone Conservation Park District
Kendall Farms Conservation Park District
SPECIAL IMPROVEMENT AREAS:
WST/TIA Phases 3A
Wappinger Sewer Improvement Area #5
Wappinger Sewer Improvement Area No. 1
Watch Hill Sewer Improvement Area
Attachment: Legal Notice Public Hearing O&M (RES-2020-156 : Setting Public Hearing On Proposed Budgets, O&M Charges, Water/Sewer
Watch Hill Water Improvement Area
Packet Pg. 43
8.5.a
PLEASE TAKE FURTHER NOTICE that copies of the aforementioned proposed budgets have
been filed in the office of the Town Clerk, at Town Hall, 20 Middlebush Road, Wappingers Falls, New
York and are available for inspection during regular business hours on Monday through Friday from 8:30
A.M. to 4:00 P.M.
Dated: September 28, 2020
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF WAPPINGER
JOSEPH P. PAOLONI, TOWN CLERK
Attachment: Legal Notice Public Hearing O&M (RES-2020-156 : Setting Public Hearing On Proposed Budgets, O&M Charges, Water/Sewer
- 2 -
Packet Pg. 44
8.6.a
Attachment: Rte 376 Holdings Undertaking (RES-2020-157 : Accepting Undertaking Secured By Cash Deposit For Restoration In Connection
Packet Pg. 45
8.6.a
Attachment: Rte 376 Holdings Undertaking (RES-2020-157 : Accepting Undertaking Secured By Cash Deposit For Restoration In Connection
Packet Pg. 46
8.6.a
Attachment: Rte 376 Holdings Undertaking (RES-2020-157 : Accepting Undertaking Secured By Cash Deposit For Restoration In Connection
Packet Pg. 47
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Attachment: 2020-09-24 ltr_05 Rte-376 Holdings Temp Grading permit bond (RES-2020-157 : Accepting Undertaking Secured By Cash Deposit
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Attachment: 2020-09-24 ltr_05 Rte-376 Holdings Temp Grading permit bond (RES-2020-157 : Accepting Undertaking Secured By Cash Deposit
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Packet Pg. 50
8.7.a
Attachment: 2020-09-28 (RES-2020-158 : Correspondence Log)
Packet Pg. 51
8.7.a
Attachment: 2020-09-28 (RES-2020-158 : Correspondence Log)
Packet Pg. 52
8.7.a
Attachment: 2020-09-28 (RES-2020-158 : Correspondence Log)
Packet Pg. 53
8.7.a
Attachment: 2020-09-28 (RES-2020-158 : Correspondence Log)
Packet Pg. 54
8.7.a
Attachment: 2020-09-28 (RES-2020-158 : Correspondence Log)
Packet Pg. 55
8.7.a
Attachment: 2020-09-28 (RES-2020-158 : Correspondence Log)
Packet Pg. 56
8.7.a
Attachment: 2020-09-28 (RES-2020-158 : Correspondence Log)
Packet Pg. 57
8.7.a
Attachment: 2020-09-28 (RES-2020-158 : Correspondence Log)
Packet Pg. 58
8.7.a
Attachment: 2020-09-28 (RES-2020-158 : Correspondence Log)
Packet Pg. 59
8.7.a
Attachment: 2020-09-28 (RES-2020-158 : Correspondence Log)
Packet Pg. 60
8.7.a
Attachment: 2020-09-28 (RES-2020-158 : Correspondence Log)
Packet Pg. 61
8.7.a
Attachment: 2020-09-28 (RES-2020-158 : Correspondence Log)
Packet Pg. 62