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2026-03-09Town of Wappinger Regular Meeting - Minutes - 20 Middlebush Road Wappingers Falls, NY 12590 townofw a p p i ng a rny. g ov Joseph Paoloni (845)297-5772 Monday, March 9, 2026 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 Heather O'Dell 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 Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:00 PM II. Opening Items 1. Invocation 2. Moment of SIlence III. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Heather O'Dell, Councilwoman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella 2. Motion To: Acknowledge Minutes February 23, 2026 RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Christopher Phillips SECONDER: Heather O'Dell, Al Casella AYES: Cavaccini, Beale, O'Dell, Phillips, Casella IV. Public Portion 1. Motion To: Open Public Portion Town of Wappinger Page 1 Printed 3/19/2026 Regular Meeting Minutes March 9, 2026 COMMENTS - Current Meeting: Grace Martin addressed the board thanking them for their work and all they do for the seniors. She spoke about and thanked the Pines. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella 2. Motion To: Close Public Portion RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Heather O'Dell, Councilwoman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella V. Consent RESOLUTION: 2026-79 Resolution Renaming A Portion Of Easter Road To Easter Road West WHEREAS, the Town Board of the Town of Wappinger has the authority to name and rename roadways and private roadways located within the Town; and WHEREAS, a portion of Easter Road within the Town of Wappinger has been identified by Dutchess County Department of Emergency Response as requiring a revised name designation in order to improve roadway identification and assist with navigation and emergency response; and WHEREAS, Town Supervisor Joseph D. Cavaccini and Superintendent of Highways Michael J. Sheehan have recommended that the portion of Easter Road west of the bridge, including 6 - 20 Easter Road, be renamed Easter Road West; and WHEREAS, the Town Board has reviewed this request and determined that renaming this portion of the roadway will promote clearer addressing and serve the best interests of the Town and its residents; 1. The Town Board of the Town of Wappinger hereby authorizes the renaming of the designated western portion of Easter Road to Easter Road West. 2. The Town Clerk is hereby directed to notify the appropriate agencies, including Dutchess County Department of Emergency Response, the United States Postal Service, local utility providers, and relevant mapping authorities of the private roadway name change. 3. The Superintendent of Highways is authorized to coordinate the installation of signage reflecting the new private roadway name. The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 2 Printed 3/19/2026 Regular Meeting Minutes March 9, 2026 Vote Record - Resolution RES -2026-79 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Joseph 13Cavaccim ................... Voter .......... a ................ 0 ............... El ................ ........ ❑ Defeated William H. Beale .... Seconder .......... El ....... ..... ❑ ....... ..... ❑ ....... ❑ ....... .. ❑Tabled Heather O'Dell Voter....,....., D .... ❑ ... ❑ .... ❑ ... ❑ Withdrawn Christopher Phillips Voter D ❑ ❑ ❑ Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 09, 2026 The Resolution is hereby duly declared Adopted. RESOLUTION: 2026-80 Resolution Authorizing Intermunicipal Agreement For Shared Highway And Public Works Services WHEREAS, the Town of Wappinger (the "Town") and the County of Dutchess, togetherwith other participating towns and villages within Dutchess County (collectively the "Municipalities"), desire to enter into an Intermunicipal Agreement pursuant to Article 5-G of the New York State General Municipal Law and Sections 102, 133-a, 135 and 142-b of the New York State Highway Law; and WHEREAS, the purpose of the Agreement is to promote governmental efficiency, reduce taxpayer costs, eliminate duplication of services, and protect the public welfare by allowing the participating municipalities to share personnel, equipment, and other resources for highway and public works related services; and WHEREAS, the Agreement provides a framework under which the participating municipalities may request and provide assistance to one another for highway and public works activities including remediation, repair, maintenance, construction, planning, and emergency response on an as -requested and as -available basis; and WHEREAS, the Agreement further provides that any participating municipality acting as a provider of services may, at its sole discretion, request reimbursement from the receiving municipality for services rendered in accordance with the most current New York State Department of Transportation Equipment Rental Rate Schedule ("NYSDOT Bluebook Rates") or other mutually agreed terms; and WHEREAS, the Agreement establishes responsibilities for participating municipalities relating to personnel, insurance, indemnification, equipment use, and compliance with applicable local, state, and federal laws and regulations; and WHEREAS, the initial term of the Agreement shall be for a period of five (5) years, with an automatic renewal for one additional five (5) year term unless terminated or modified in writing by any participating party; and WHEREAS, Town Supervisor Joseph D. Cavaccini and Superintendent of Highways Michael J. Sheehan have recommended that the participation in this Intermunicipal Agreement will enhance the Town's ability to efficiently provide highway and public works services, particularly during emergencies, peak operational needs, or specialized project requirements. Town of Wappinger Page 3 Printed 3/19/2026 Regular Meeting Minutes March 9, 2026 NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town to enter into the Intermunicipal Agreement for Shared Services with the County of Dutchess and participating municipalities within Dutchess County; and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute the Intermunicipal Agreement and any related documents necessary to effectuate the intent of this resolution, subject to review and approval as to form by the Town Attorney; and BE IT FURTHER RESOLVED, that the Town Highway Superintendent and other appropriate Town officials are authorized to coordinate with the County and participating municipalities to implement the provisions of the Agreement and facilitate the sharing of services, personnel, and equipment as contemplated therein; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2026-80 Yes/Aye No/Nay Abstain Absent D Adopted ❑ Adopted as Amended Joseph D Cavaccim ................... Voter .......... a ................ o ............... El ................ o ........ ❑ Defeated William H. Beale ... Seconder ....e .......... El ....... ..... ❑ ....... ..... ❑ ....... ❑ ....... .. El Tabled Heather O'Dell Voter....,.....,I'llI D .... ❑ ... ❑ .... ❑ ... ❑ Withdrawn Christopher Phillips Voter D ❑ ❑ ❑ Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 09, 2026 The Resolution is hereby duly declared Adopted. RESOLUTION: 2026-82 Resolution Authorizing Execution Of Dog Control Housing Agreement WHEREAS, the Town of Wappinger Dog Control Officer is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law §118, and WHEREAS, pursuant to Agriculture and Markets Law §118 (3), dogs seized by the Town of Wappinger Dog Control Officer are required to be properly sheltered, fed and watered during the redemption period, and WHEREAS, CARE of DC, Inc. and Mutts Mansion Inc. (hereinafter CARE/Mutts) maintains a kennel for boarding of dogs and other animals at its office located at 1031 Route 376, Wappingers Falls, New York 12590, and WHEREAS, in accordance with Agriculture and markets Law § 115(2), Town Supervisor Joseph D. Cavaccini and Dog Control Officer Jerold Owen recommend continuingto contractwith CARE/Mutts to provide shelter for dogs seized by the Dog Control Officer, and WHEREAS, the Town Board wishes to enter into a Dog Control Housing Agreement with CARE/Mutts to shelter, water, feed and provide necessary veterinary services for dogs and other animals seized by the Town, and WHEREAS, a Dog Control Housing Agreement has been presented to the Town, a copy of which is annexed hereto, and WHEREAS, the Town determines that it is in the best interest of the Town to enter into said Dog Control Housing Agreement as above-described, and Town of Wappinger Page 4 Printed 3/19/2026 Regular Meeting Minutes March 9, 2026 NOW, THEREFORE, BE IT RESOLVED, that the Dog Control Housing Agreement is hereby approved, and that Town Supervisor Joseph D. Cavaccini, or in his absence the duly designated Deputy Supervisor, is hereby authorized and directed to execute the above described agreement in the form annexed hereto with such changes as the Town Supervisor may deem advisable in consultation with the Town Attorney; and NOWTHEREFORE BE IT FURTHER RESOLVED, that Town Clerk Joseph P. Paoloni is hereby directed to forward a copy of the executed Agreement to CARE/Mutts along with a certified copy of this Resolution. The foregoing was put to a vote which resulted as follows J Vote Record - Resolution RES -2026-82 Yes/Aye No/Nay Abstain Absent D Adopted D Adopted . .................. . .................. El Adopted as Amended Joseph D Cavaccini Voter D ❑ ❑ ❑ ❑ Defeated Williain H. Beale„ ... Seconder ....................................................................................... El ❑ ❑ ❑ ❑ Tabled Heather O'Dell Voter............ D .... ❑ ... ❑ ........ ❑ ... ..... ❑ Withdrawn Christopher Phillips Voter.............(✓7...... Voter ............. ❑..... El .... ❑..... Al Casella Mover D ❑ ❑ ❑ Dated: Wappingers Falls, New York March 09, 2026 The Resolution is hereby duly declared Adopted. RESOLUTION: 2026-83 Resolution Accepting Donation To Parks And Recreation Department - Senior Center Division WHEREAS, the Town of Wappinger hosts a variety of senior citizen and recreational programs and events throughout the year including monthly birthday parties for Wappinger residents who are senior citizens, and WHEREAS, Town Supervisor Joseph D. Cavaccini has fostered a strong relationship with the Pines at Poughkeepsie who has graciously donated one check totaling $4,200.00 dated to offer the monthly Senior Center birthday parties at no cost to any and all Senior Citizen in the Town of Wappinger, and NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby accept the following donation to offer the monthly Senior Center birthday parties at no cost to any and all Senior Citizen in the Town of Wappinger: Pines at Poughkeepsie $4,200.00 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2026-83 Yes/Aye No/Nay Abstain Absent D Adopted . .................. El Adopted as Amended Joseph D Cavaccini Voter D ❑ ❑ ❑ ❑ Defeated Williain H. Beale„ ... Seconder ....................................................................................... El ❑ ❑ ❑ ❑ Tabled Heather O'Dell Voter............ D .... ❑ ... ❑ ........ ❑ ... ❑ Withdrawn Christopher Phillips Voter ............. ❑..... El.... ❑..... Al Casella Mover El D ❑ ❑ ❑ Town of Wappinger Page 5 Printed 3/19/2026 Regular Meeting Minutes March 9, 2026 Dated: Wappingers Falls, New York March 09, 2026 The Resolution is hereby duly declared Adopted. RESOLUTION: 2026-84 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Correspondence Log - 2 26 03-09 Number To From I Date I Date Ree` Re. FAgenda Date 93-09-11011 Torn Board Matthew W. Davis 1 212'912926 3/212026 Reelacemelit Culver VVP'-35. County Rt 94 31912926 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 -2026-84 Yes/Aye No/Nay Abstain Absent D Adopted . ❑ Adopted as Amended Joseph D Cavaccim Voter .. ........... D ................. ❑ ................ ❑ .............. ❑ ....... El Defeated William H. Beale Seconder 0 ❑ El ❑ Tabled Heather O'Dell Voter 0 ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Voter D ❑ ❑ ❑ Al Casella Mover 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 09, 2026 VI. Resolutions The Resolution is hereby duly declared Adopted. RESOLUTION: 2026-81 Resolution Authorizing 2025 Budget Amendment WHEREAS, the Town Board of the Town of Wappinger adopted the 2025 Town Budget; and WHEREAS, from time to time it is necessary to amend the Town Budget to properly account for revenues received and expenditures incurred during the fiscal year; and WHEREAS, the Town Comptroller has reviewed the financial records and recommends certain amendments to reconcile revenues and expenditures across various Town funds. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes amendments to the 2025 Town Budget as detailed in Schedule A, attached hereto and made part of this resolution; and Town of Wappinger Page 6 Printed 3/19/2026 Regular Meeting Minutes March 9, 2026 BE IT FURTHER RESOLVED, that the Town Comptroller is hereby authorized and directed to make the necessary budgetary and journal entry adjustments to the Town's financial records in accordance with Schedule A. The foregoing was put to a vote which resulted as follows Vote Record - Resolution RES -2026-81 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended p Joseph D. Cavaccini ............ ............................................ Voter 0 ❑ ........................... ❑ ❑ El Defeated William H. Beale Voter 0 ❑ ... ................ ❑ '---,-----,-- ❑ 0 Tabled Heather 6Dell ............................ Voter ............... D ...... .........❑ ..... ...... EJ .................. ❑ ........ Withdrawn Fl Phillips Mover 0 ❑ ❑ ❑ Next: 3/23/26 7:00 PM Al Casella Seconder ........(✓7...... ❑..... ❑...... ❑ 11 .... Dated: Wappingers Falls, New York March 09, 2026 The Resolution is hereby duly declared Tabled. RESOLUTION: 2026-85 Introductory Resolution For A Local Law Amending Chapter 240-36.3 Of The Town Code Entitled "Solar Energy Systems" WHEREAS, the Town Board of the Town of Wappinger has reviewed Chapter 240 of the Town Code entitled "Zoning," specifically §240-36.3 relating to Solar Energy Systems; and WHEREAS, the Town Board desires to amend said section of the Town Code to clarify permitted Solar Energy Systems within the Town of Wappinger and to establish updated definitions, installation standards, safety requirements, permitting procedures, and operational requirements; and WHEREAS, the proposed amendments clarify that Solar Energy Systems are permitted as an accessory use subject to the conditions set forth in §240-36.3, establish standards for Roof -Mounted Solar Energy Systems and Small -Scale Ground -Mounted Solar Energy Systems, and prohibit Large -Scale Solar Energy Systems within the Town of Wappinger; and WHEREAS, the Town Board finds that the adoption of these provisions will promote responsible solar energy development while protecting the health, safety, and welfare of the residents of the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby introduces a proposed Local Law entitled "A Local Law Amending Chapter 240-36.3 Of The Town Code Of The Town Of Wappinger Entitled `Solar Energy Systems"'; and BE IT FURTHER RESOLVED, that the Town Board hereby declares its intent to act as Lead Agency for the environmental review of the proposed Local Law pursuant to the State Environmental Quality Review Act (SEQRA) and determines that the adoption of the proposed Local Law constitutes a Type II Action pursuant to 6 NYCRR §617.5(c) as a local legislative action adopting regulations of a general nature, and therefore no further environmental review is required; and BE IT FURTHER RESOLVED, that the proposed Local Law is hereby referred to the Dutchess County Department of Planning and Development for review and recommendation Town of Wappinger Page 7 Printed 3/19/2026 Regular Meeting Minutes March 9, 2026 pursuant to §239-m of the General Municipal Law, and to the Town of Wappinger Planning Board for its review and recommendation; and BE IT FURTHER RESOLVED, that a public hearing on said proposed Local Law shall be held by the Town Board on March 23, 2026 at 7:00pm at Town Hall; and BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish and post notice of said public hearing as required by law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES -2026-85 ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella Yes/Aye No/Nay Abstain Absent D Adopted " ❑ Adopted as Amended Joseph D Cavaccini . Voter o 0 ❑ ... ................ 0 ...... ❑ Defeated William H. Beale„ Voter D ❑ El❑ El Tabled Heather O'Dell Seconder El ❑ ❑ ❑ ElWithdrawn Christopher Phillips Mover 0 ❑ El Al Casella Voter 0 ❑ ❑ ❑ Dated: Wappingers Falls, New York March 09, 2026 The Resolution is hereby duly declared Adopted. VII. Items for Special Consideration/New Business VIII. Executive Session 1. Motion To: Enter Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella 2. Motion To: Return From Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella IX. Adjournment 9:49 pm Motion To: Wappinger Adjournment & Signature Town of Wappinger Page 8 Printed 3/19/2026 Regular Meeting Minutes March 9, 2026 COMMENTS - Current Meeting: The meeting adjourned at 9:49 PM. Joseph P. Paoloni Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella Town of Wappinger Page 9 Printed 3/19/2026 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2026-79 Meeting: 03/09/26 07:00 PM Department: Town Clerk Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6579 Resolution Renaming A Portion Of Easter Road To Easter Road West WHEREAS, the Town Board of the Town of Wappinger has the authority to name and rename roadways and private roadways located within the Town; and WHEREAS, a portion of Easter Road within the Town of Wappinger has been identified by Dutchess County Department of Emergency Response as requiring a revised name designation in order to improve roadway identification and assist with navigation and emergency response; and WHEREAS, Town Supervisor Joseph D. Cavaccini and Superintendent of Highways Michael J. Sheehan have recommended that the portion of Easter Road west of the bridge, including 6 - 20 Easter Road, be renamed Easter Road West; and WHEREAS, the Town Board has reviewed this request and determined that renaming this portion of the roadway will promote clearer addressing and serve the best interests of the Town and its residents; 1. The Town Board of the Town of Wappinger hereby authorizes the renaming of the designated western portion of Easter Road to Easter Road West. 2. The Town Clerk is hereby directed to notify the appropriate agencies, including Dutchess County Department of Emergency Response, the United States Postal Service, local utility providers, and relevant mapping authorities of the private roadway name change. 3. The Superintendent of Highways is authorized to coordinate the installation of signage reflecting the new private roadway name. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella Updated: 3/5/2026 3:36 PM by Joseph P. Paoloni Page 1 Town of Wappinger Meeting: 03/09/26 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2026-80 DOC ID: 6580 Resolution Authorizing Intermunicipal Agreement For Shared Highway And Public Works Services WHEREAS, the Town of Wappinger (the "Town") and the County of Dutchess, together with other participating towns and villages within Dutchess County (collectively the "Municipalities"), desire to enter into an Intermunicipal Agreement pursuant to Article 5-G of the New York State General Municipal Law and Sections 102, 133-a, 135 and 142-b of the New York State Highway Law; and WHEREAS, the purpose of the Agreement is to promote governmental efficiency, reduce taxpayer costs, eliminate duplication of services, and protect the public welfare by allowing the participating municipalities to share personnel, equipment, and other resources for highway and public works related services; and WHEREAS, the Agreement provides a framework under which the participating municipalities may request and provide assistance to one another for highway and public works activities including remediation, repair, maintenance, construction, planning, and emergency response on an as -requested and as -available basis; and WHEREAS, the Agreement further provides that any participating municipality acting as a provider of services may, at its sole discretion, request reimbursement from the receiving municipality for services rendered in accordance with the most current New York State Department of Transportation Equipment Rental Rate Schedule ("NYSDOT Bluebook Rates") or other mutually agreed terms; and WHEREAS, the Agreement establishes responsibilities for participating municipalities relating to personnel, insurance, indemnification, equipment use, and compliance with applicable local, state, and federal laws and regulations; and WHEREAS, the initial term of the Agreement shall be for a period of five (5) years, with an automatic renewal for one additional five (5) year term unless terminated or modified in writing by any participating party; and WHEREAS, Town Supervisor Joseph D. Cavaccini and Superintendent of Highways Michael J. Sheehan have recommended that the participation in this Intermunicipal Agreement will enhance the Town's ability to efficiently provide highway and public works services, particularly during emergencies, peak operational needs, or specialized project requirements. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes the Town to enter into the Intermunicipal Agreement for Shared Services with the County of Dutchess and participating municipalities within Dutchess County; and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute the Intermunicipal Agreement and any related documents necessary to effectuate the intent of this resolution, subject to review and approval as to form by the Town Attorney; and BE IT FURTHER RESOLVED, that the Town Highway Superintendent and other appropriate Town officials are authorized to coordinate with the County and participating municipalities Updated: 3/5/2026 3:39 PM by Joseph P. Paoloni Page 1 Resolution 2026-80 Meeting of March 9, 2026 to implement the provisions of the Agreement and facilitate the sharing of services, personnel, and equipment as contemplated therein; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella Updated: 3/5/2026 3:39 PM by Joseph P. Paoloni Page 2 INTERMUNICIPAL AGREEMENT FOR SHARED SERVICES THIS AGREEMENT, made and entered into this day of , 2025, by and between the COUNTY OF DUTCHESS, a municipal corporation with offices located at 22 Market Street, Poughkeepsie, New York 12601 (hereinafter referred to as the "COUNTY") and the TOWNS OF and the VILLAGES OF , each municipal corporation located within Dutchess County, New York (hereinafter referred to as the "MUNICIPALITIES") WITNESSETH: WHEREAS, this Agreement is made pursuant to Article 5-G of the New York State General Municipal Law, and Sections 102, 133-a, 135 and 142-b of the New York State Highway Law; and WHEREAS, the County and Municipalities (hereinafter referred to as the "Parties") seek to promote government efficiency, reduce taxpayer costs, eliminate redundant services, and ensure public welfare through the sharing of equipment, personnel, and resources for highway and public works projects; WHEREAS, the Parties each operate highway departments and maintain facilities, equipment, and personnel for highway -related services including remediation, repair, maintenance, construction, planning, and emergency response; and WHEREAS, the Parties desire to enter into a reciprocal agreement to share such services and resources on an as -needed and as -available basis; and WHEREAS, each participating Party able and willing to offer services pursuant to this Agreement (hereinafter referred to as a "Provider") shall have the option, at its sole discretion, to assess a fee or seek reimbursement from the recipient Party (hereinafter referred to as a "Recipient") for those services rendered; and WHEREAS general oversight will be provided by and through appropriate municipal and County officials, designated by the Parties' chief operating officers, mayors, supervisors or executives at their discretion to prepare and maintain annual reports, analysis, logs, maintenance records, personnel assignments; and Page 1 of 7 WHEREAS,the Parties agree to share and provide skilled personnel, equipment and supplies for purposes set forth herein, on an as -requested basis and an as -available basis as determined by the Parties in furtherance of shared municipal and countywide services, personnel and equipment. NOW THEREFORE, in consideration of the terms and conditions contained herein, and mutual promises and undertakings recited below, the Parties hereto mutually agree as follows 1. This Agreement shall commence on , 2026, and remain in effect for a period of five (5) years. Upon expiration of the initial term, this Agreement shall automatically renew for one (1) additional five (5) year term, unless terminated or modified in writing by any Party prior to renewal. Any Party may withdraw from this Agreement upon sixty (30) days' written notice to the other Parties, provided that such withdrawal does not disrupt ongoing projects or obligations. 2. Each Parry shall designate officials (e.g., Highway Superintendents, Commissioners of Public Works) to coordinate shared services. Oversight shall be provided by officials designated by each Party's chief executive. 3. Services, equipment, and personnel shall be shared at each Party's sole discretion, provided such sharing does not impede the Party's own municipal operations. Shared services shall be reciprocal and mutually beneficial. 4. In emergency situations, requests for shared services may be made verbally and followed by written confirmation. Priority shall be given to life safety, public access, and infrastructure protection. 5. Responsibilities of the Provider: a. Be solely responsible for providing and maintaining workers' compensation insurance coverage pursuant to the Workers' Compensation Law section 2(7) for all employees who sustain work related injury, illness or disease while providing shared services, aid and assistance to and for the County or Municipalities. Page 2 of 7 b. Provide compensation to its personnel as it would if the employee performed work for the Provider. Persons employed by the Parties shall retain all benefits, privileges and rights pursuant to their individual employment status as members of civil service, organized labor organizations or at will employment. There will not be any change of employment status for any employee tasked with implementing this Agreement in and for the provision of such services, municipal aid and assistance. c. Comport with, promote and ensure that safety standards established pursuant to NYS Public Employee Safety and Health (PESH) and relevant local, state and federal laws, rules and regulations are fully complied with including particularized training, certification and or licensing requirements. d. Comply with the provisions of all collective bargaining agreements to which "Parties" are signatories as and through their employee membership in such recognized organized labor organizations. e. Maintain their own workforce as municipal employees and shall be required to provide general liability, unemployment, professional liability, errors and omissions insurance coverage for each such employee. f. Ensure the return of shared equipment to the Provider, owner, renter or lessee, which shall be effectuated contemporaneously with and upon inspection and determination that such equipment is in the same or similar state of repair or condition as such equipment had been at time of release and provision. g. Make applications for and receive all necessary construction, remediation and maintenance permits, licenses and certifications as required pursuant to local, state and federal statutes, rules and regulations. h. Retain responsibility for procurement of and payment for any materials and/or supplies or resources necessary for the implementation of this Agreement and in furtherance of the provision of shared services and mutual aid and assistance. i. Be liable for the acts of its employees, agents and officers occurring in connection with the use of shared equipment, including but not limited to repairs to or replacement of borrowed equipment resulting from damage to the shared equipment caused by the acts of the Recipient, its employees, agents and officers. Page 3 of 7 j . Be responsible for coordinating the safe and efficient use of shared equipment by duly trained and qualified personnel and the arrangement for the timely return to the Provider by, through and in accordance with the terms of this Agreement. k. Be responsible for the cost of maintenance and repairs and associated costs arising from general wear and tear of the shared equipment and use of resources which shall be quantified and fixed upon mutual agreement of the Parties. 1. If requesting reimbursement for its services, clearly communicate in writing to the Recipient prior to the Provider's agreement to furnish the requested assistance. The Recipient shall have the opportunity to accept or decline the proposed terms before any commitment to provide services is finalized. Any such fee or reimbursement request shall be pursuant to most current rates included in the New York State Department of Transportation Equipment Rental Rate Schedule, more commonly referred to as the NYSDOT Bluebook Rates, incorporated herein by reference. 6. Additional Obligations. Each Party shall: a. Ensure that all equipment provided for the implementation of this Agreement is registered, licensed and insured as is necessary for the lawful use of such equipment. b. Provide equipment on an as "as -needed" basis, and to ensure that a Provider will not be liable for defects, known and unknown, resulting in any claims of civil liability. c. Maintain a record of all services provided, rendered or received including but not limited to personnel time expenditures, equipment, supplies and other resources in the form generated thereby, including all records, logs, analyses, reports or other documentation prepared, maintained and utilized for the purposes of administrative review and audit. d. Agree to defend, indemnify and hold harmless the other Party, including its officials, employees and agents, against all claims, losses, damages, liabilities, costs or expenses (including without limitation, reasonable attorney fees and costs of litigation and/or settlement), whether incurred as a result of a claim by a third party or any other person or entity, arising out of its performance pursuant to this Agreement, which either Party, or its officials, employees or agents, may suffer by reason of any Page 4 of 7 fault, act or omission of the other Party, its employees, representatives, subcontractors, assignees, or agents. Notwithstanding the foregoing, each Party's obligation to defend, indemnify and hold harmless the other Party shall have no applicability to the extent that such other Party, its officers, agents, servants, employees, contractors or subcontractors contributed to the claims, losses, damages, costs or expenses. In the event that any claim is made or any action is brought against the Provider arising out of the fault, act, or omission of an employee, representative, subcontractor, assignee, or agent of the Recipient, either within or without the scope of his/her prospective employment, representation, subcontract, assignment, or agency, or arising out of the Recipient's fault, act or omission, then the Provider reserves all rights and remedies provided by law, in equity, or, pursuant to this Agreement. e. Obtain and thereafter retain in full force and effect individualized general liability, public liability, errors and omissions and automotive insurance coverages where necessary and proper relative to the various tasks to be performed with limits of no less than $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate. Confirmation of insurance coverages must be provided by the Recipient to the Provider prior to the execution of this Agreement. 7. In accordance with the provision of section 109 of the NYS General Municipal Law, the Parties hereto are prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Agreement, or of its right, title or interest in this Agreement, to any other person or corporation without the prior consent and approval in writing by the releasing Parties. 8. All Notices shall be directed to the addresses specified below, or to such other addresses as any of the Parties may designate in writing: Dutchess County: Dutchess County Attorney 22 Market Street Page 5 of 7 Poughkeepsie, NY 12601 and Dutchess County Commissioner of Public Works 626 Dutchess Turnpike Poughkeepsie, NY 12603 TOWNS: Town Attorney Town Highway Department VILLAGES: Village Attorney Village Highway Department 9. That this Agreement may terminate with or without cause, upon provision of thirty (30) days written notice to be forwarded in accordance with the Section 8 of this Agreement. 10. That all personnel employed by each of the Parties in furtherance of this Agreement, will remain in the employ, title and position as those personnel had possessed at the time prior to and during the provision of shared services and mutual aid and assistance and shall not be deemed to be in the employ of any other parties to this Agreement. 11. That the Parties shall each be responsible for the payment of salaries and other compensation, due and owing, to their individual employees during the time period in which such employees are engaged in performing shared services and mutual aid and assistance. 12. That those Recipients requesting shared services pursuant to this Agreement shall have the sole responsibility for providing any and all prerequisites for each projected undertaking which is the subject of the provision of shared services and mutual aid and assistance or equipment including all federal, state and local statutory, regulatory or administrative rules or regulations pertaining to employee safety, training and environmental matters. 13. That a waiver of any breach of a term, provision, or condition of this Agreement shall be valid only if it is in writing, complies with Section 8 of this Agreement, and is duly executed by the Party granting the waiver. Such a waiver shall not be construed to affect the enforcement of Page 6 of 7 any other term, provision, or condition of this Agreement, nor shall it serve as justification or precedent for any repeated or future breach, unless the waiver explicitly states otherwise. 14. In the event a dispute relative to the terms of this Agreement arises and is unable to be resolved between the involved Parties, the disputed matter shall be settled by Dutchess County Supreme Court, in accordance with the laws of New York State 15. This Agreement, and any documents executed pursuant to it, may be signed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. A compiled copy containing all counterpart signatures shall be treated as the original Agreement for all purposes. Signatures may be provided in the following forms: handwritten (wet ink), electronic signatures via DocuSign, and scanned signature pages transmitted via email. All such signatures shall be deemed valid and binding as if manually executed in person 16. The terms of this Agreement, including its attachments and exhibits, represent the final intent of the parties. Any modification, rescission or waiver of the terms of this Agreement must be in writing and executed and acknowledged by the parties with the same formalities accorded this basic Agreement. 17. The obligations of each Party under this Agreement are subject to annual appropriation of funds by its governing body. IN WITNESS WHEREOF, this Agreement has been executed by the Parties as of the month, day and year listed above. Page 7 of 7 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2026-82 Meeting: 03/09/26 07:00 PM Department: Town Clerk Category: Agreements, Contracts, Leases Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6577 Resolution Authorizing Execution Of Dog Control Housing Agreement WHEREAS, the Town of Wappinger Dog Control Officer is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law §118, and WHEREAS, pursuant to Agriculture and Markets Law §118 (3), dogs seized by the Town of Wappinger Dog Control Officer are required to be properly sheltered, fed and watered during the redemption period, and WHEREAS, CARE of DC, Inc. and Mutts Mansion Inc. (hereinafter CARE/Mutts) maintains a kennel for boarding of dogs and other animals at its office located at 1031 Route 376, Wappingers Falls, New York 12590, and WHEREAS, in accordance with Agriculture and markets Law § 115(2), Town Supervisor Joseph D. Cavaccini and Dog Control Officer Jerold Owen recommend continuingto contractwith CARE/Mutts to provide shelter for dogs seized by the Dog Control Officer, and WHEREAS, the Town Board wishes to enter into a Dog Control Housing Agreement with CARE/Mutts to shelter, water, feed and provide necessary veterinary services for dogs and other animals seized by the Town, and WHEREAS, a Dog Control Housing Agreement has been presented to the Town, a copy of which is annexed hereto, and WHEREAS, the Town determines that it is in the best interest of the Town to enter into said Dog Control Housing Agreement as above-described, and NOW, THEREFORE, BE IT RESOLVED, that the Dog Control Housing Agreement is hereby approved, and that Town Supervisor Joseph D. Cavaccini, or in his absence the duly designated Deputy Supervisor, is hereby authorized and directed to execute the above described agreement in the form annexed hereto with such changes as the Town Supervisor may deem advisable in consultation with the Town Attorney; and NOWTHEREFORE BE IT FURTHER RESOLVED, that Town Clerk Joseph P. Paoloni is hereby directed to forward a copy of the executed Agreement to CARE/Mutts along with a certified copy of this Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella Updated: 3/4/2026 2:14 PM by Joseph P. Paoloni Page 1 DOG CONTROL HOUSING AGREEMENT THIS AGREEMENT, made this day of , 2026, by and COMPASSIONATE ANIMAL RESCUE EFFORTS OF DUTCHESS COUNTY INC. A non-profit 501(c)(3), and MUTTS MANSION INC. (THE BOARDING FACILITY) having an address of 1031 Route 376, Wappingers Falls, NY 12590 Hereinafter referred to as CARE OF DC/MUTTS and TOWN OF WAPPINGER having an address of 20 Middlebush Road, Wappinger, NY 12590 A municipal corporation Hereinafter referred to as the "TOWN" WHEREAS, the TOWN OF WAPPINGER Animal Control Officer, hereinafter referred to as the "ACO" is empowered to seize dogs pursuant to the provisions of Agriculture and Markets Law Article 7, Section 117; and WHEREAS, this Agreement applies only to dog(s) seized by the ACO; and WHEREAS, pursuant to Agriculture and Markets Law Article 7, Section 117, dogs seized by the ACO are required to be properly fed and provided water during the applicable redemption period; and WHEREAS, CARE OF DC/MUTTS maintains a kennel for boarding dogs and other animals at its rescue located at 1031 Route 376, Wappingers Falls, NY 12590; and WHEREAS, the TOWN wishes to contract with CARE OF DC/MUTTS to provide shelter for dogs seized by the ACO upon terms and conditions hereinafter set forth. NOW, THEREFORE, it is hereby agreed by and between CARE OF DC/MUTTS and the TOWN as follows: 1. RECITATION INCORPORATED: These recitations above set forth are incorporated in this Agreement as if fully set forth and recited herein. 2. TERM OF AGREEMENT: This Agreement shall become effective on January 1St, 2026 and shall continue until December 31, 2026. This agreement may be terminated by either party upon thirty (30) days written notice to the owner. This agreement may be extended from year to year by agreement of the parties. 3. BOARDING: CARE OF DC/MUTTS hereby agrees to provide boarding, which includes shelter, food and water, as required by the Law for the following dogs; a. -Any and all dogs running at large (unidentified) seized by the ACO as outlined by the Agriculture and Markets Law Article 7, Section 11 7(l) & (2); and b. -Any and all dogs who have been seized by a court order pending a "dangerous dog" hearing, outlined by the Agriculture and Markets Law -Article 7, Section 123(2) All unidentified dogs seized by the ACO shall be delivered to CARE OF DC/MUTTS at 1031 Route 376, Wappingers Falls, NY 12590. For dogs that can be identified in the field via microchip or community outreach, CARE OF DC/MUTTS asks that the TOWN ACO make every reasonable attempt to return the dog to the owner,using guidelines set for Agriculture and Markets Law, before bringing the dog to CARE OF DC/ MUTTS. This request reflects the national animal shelter policy which strives to keep dogs in their homes. 4. DOGS SEIZED FOR REASONS OTHER THAN Section 117(1) & (2) and Section 123(2): Any and all dogs seized for reasons other than those listed under Article 7, Section 11 7(l) and (2) and Section 123(2), which sections were in full force and effect at the time of this agreement, are not to be boarded and held other than for safekeeping purposes. CARE OF DC/MUTTS must not refuse to board and hold dogs seized for safekeeping purposes or pursuant to this paragraph. These include dogs seized for reasons such as owner death, car accident, cruelty, owner arrest, etc. Said dogs must be released to the Town of Wappinger Animal Control upon his/her request. Therefore, the Town of Wappinger Animal Control Officer may make corrections or amendments to an impoundment form if a determination is made that the reasons for dog seizure are for reasons other than pursuant to Section 11 7(l) & (2) and Section 123(2). The holding periods for unidentified and identified dogs pursuant to Section 117(4) & (6) respectively, will be applicable. 5. HOLDING PERIOD: In order to provide the owners a reasonable time period in which to reclaim their seized dog, CARE OF DC/MUTTS and the TOWN agree to the following: a. -For dogs running at large (unidentified): 1. Dogs that are not appropriately identified, as outlined by the Agriculture and Markets Law Article 7, Section 117(4), will be held for five (5) business days from the date they enter the shelter. 2. Dogs that are appropriately identified, as outlined by the Agriculture and Markets Law Article 7, Section 117(6), will be held for a maximum of nine (9) business days from the date they enter the shelter. The TOWN is responsible for notifying the owner of the seizure, as per the Agriculture and Markets Law Article 7, Section 117(6). 3. Upon expiration of the above stated holding periods, any and all dogs that have NOT been redeemed by their owner, will become the property of CARE OF DC/MUTTS, as outlined by the Agriculture and Markets Law Article 7, Section 117(7-a). b. -For dogs seized under a court order pending a "dangerous dog hearing", as outlined by the Agriculture and Markets Law Article 7, Section 123(2), said dogs will be held until final disposition by the court OR a maximum of fourteen (14) days, whichever comes first. If the final hearing has not been held by the end of the fourteenth day, the TOWN will be responsible for making alternate arrangements for the housing of such dogs. CARE OF DC/MUTTS may consider continued housing on a case-by-case basis to be negotiated with the TOWN. If it is agreed by both parties that the dog shall be euthanized, either pursuant to a Court order or otherwise, said costs of euthanasia procedure shall be the responsibility of the TOWN. c.- For dogs that are being held for a 10 -day Rabies observation period: 1. CARE OF DC/MUTTS may take ownership of said dog upon expiration of the 10 -day Rabies holding period if there is no owner to reclaim said dog; or 2. If an owner becomes known to CARE OF DC/MUTTS or the TOWN, the owner may reclaim said dog during the 10 -day rabies observation holding period if the Dutchess County Department of Community and Behavioral Health provides written approval of the dog's release to its owner. 6. UNCLAIMED DOG DISPOSITION: Unclaimed dogs will be evaluated by CARE OF DC/MUTTS to determine if a dog's disposition and temperament will enable it to be adopted. If the dog is determined to be adoptable, it will be placed for adoption by CARE OF DC/MUTTS. If the dog is determined to not be adoptable, CARE OF DC/MUTTS will determine the best option for the dog. If it is determined that the dog shall be euthanized, either pursuant to a Court order or otherwise, said costs of euthanasia procedure shall NOT be the responsibility of the TOWN. The TOWN shall not be liable for determinations made by CARE OF DC/MUTTS pursuant to this paragraph. 7. VACCINATIONS: As outlined by the Agriculture and Markets Law Article 7, Section 109(1)(a), for all dogs that are to be redeemed, the owner must provide proof of Town license, including proof of Rabies vaccination. As such, CARE OF DC/MUTTS will not release any dog to its owner without proof of the current Town license and the Rabies vaccination. In the event that the dog is not up to date on its Rabies vaccine and/or the owner is unable to provide proof of such vaccine to the TOWN, then CARE OF DC/MUTTS will administer a Rabies vaccine to the dog prior to redemption and will charge the owner for the cost of this service. As a requirement for dog(s) to be boarded at CARE OF DC/MUTTS, the dog(s) will receive the following three (3) vaccines upon their arrival. There will be no exceptions to this vaccination rule, unless an immediate record of the dog being up to date on all vaccines is provided. 1. Rabies Vaccination- Fifteen Dollars ($15.00) 2. Distemper Vaccination- Twenty -Five Dollars ($25.00) 3. Bordetella Vaccination- Thirty Dollars ($30.00) The owner will be charged for the three (3) vaccines. If there is no owner or said dog is not redeemed by the owner, said vaccine costs shall be borne by CARE OF DC/MUTTS. 8. EMERGENCY VETERINARY CARE: In the event that an impounded dog is determined, by the best judgement of the CARE OF DC/MUTTS medical staff, to need emergency veterinary care, CARE OF DC/MUTTS will arrange medical care for the dog. All expenses related to such care will be the responsibility of the owner. If there is no owner or said dog is not redeemed by the owner, the TOWN will be responsible for medical expenses up to $500. Above and beyond the $500 that the TOWN must reimburse CARE OF DC/MUTTS the remaining said medical costs shall be borne by CARE OF DC/MUTTS. 9. FEES: a. -Boarding: 1. The CARE OF DC/MUTTS boarding fee shall be FIFTY DOLLARS ($50.00) per day. The first day is charged upon admission to the shelter and each subsequent day is calculated upon the dog being on the CARE OF DC/MUTTS property at 12:00pm each day. 2. For dogs who are reclaimed by their owner, the owner will be required to pay the boarding fee directly to CARE OF DC/MUTTS. If the owner is unable to pay the boarding fee, CARE OF DC/MUTTS will determine whether or not to release the dog on a case-by-case basis. 3. For dogs not redeemed by the owner, CARE OF DC/MUTTS will invoice the TOWN for the boarding fee for the period running from the date of seizure until the expiration of the applicable redemption period. b. -Rabies Vaccination: 1. The fee for the Rabies vaccination shall be FIFTEEN ($15.00) DOLLARS. 2. For dogs that are reclaimed by their owner, the owner shall be required to pay the vaccine fee directly to CARE OF DC/MUTTS. 3. For dogs that are not redeemed by the owner, the TOWN will not be billed for the Rabies vaccine. c. -Veterinary Care: 1. For services provided by the CARE OF DC/MUTTS medical team, the CARE OF DC/MUTTS usual and customary fees will be applied. 2. For care that requires services from a community-based veterinarian, the actual fee from the veterinarian will be applied. 3. For dogs that are reclaimed by their owner, the owner will be required to pay the medical care fees to CARE OF DC/MUTTS. 4. For dogs that are not redeemed by the owner, the TOWN will NOT be responsible for any CARE OF DC/MUTTS administered medical care fees incurred during the redemption holding period. (Note: In the case of Emergency Veterinary Care, the TOWN will be responsible for medical expenses up to $500 if there is no owner or said dog is not redeemed by the owner.) 10. RECLAIM/REDEMPTION OF DOGS: a. -All owners will be informed by the TOWN and CARE OF DC/MUTTS of the necessary documentation and redemption, license and/or other fees to be paid in order to reclaim their dog as well as the process to accomplish this task. The TOWN shall provide such information to the owner as part of its notice given pursuant to Paragraph 5 (a)(ii) of the agreement. CARE OF DC/MUTTS will also make every effort to contact the owner if they can be identified. b. -Upon payment of all Town fees, the TOWN will issue a license tag and certificate for said dog, and a receipt of payment. The owner will be instructed to present this documentation to CARE OF DC/MUTTS in order to reclaim their dog. CARE OF DC/MUTTS will release the dog after proper documentation has been presented and the owner of the dog has signed the dog's Agriculture and Markets Department Form DL -18 (or a comparable form). The owner will also be required to pay CARE OF DC/MUTTS directly for the boarding fee and vaccination fees at the time of reclaiming the dog. 1. CARE OF DC/MUTTS shall be available to process reclaims of dogs Monday -Friday, gam to 5pm. Reclaims will not be processed on federally observed holidays or in cases of inclement weather that results in CARE OF DC/MUTTS closing early. CARE OF DC/MUTTS will also be available on weekend days from the hours of loam to 2pm to process reclaims of dogs. 11. KENNEL SPACE: At all times, CARE OF DC/MUTTS will provide kennel space for all dogs that are seized; the ACO will have 24-hour access to CARE OF DC/MUTTS kennels for the delivery of dogs. The ACO will also be given the cell phone contact information of the owner of CARE OF DC/MUTTS for after-hours contact and/or emergencies. The ACO will be required to complete the CARE OF DC/MUTTS paperwork, attached to the kennel, and ensure the dog has food, water and bedding in its kennel. 12. INDEMNIFICATION: CARE OF DC/MUTTS shall defend, indemnify, and hold the TOWN, its officials, officers, and employees harmless from and against all actions, proceedings, claims, damages, liabilities, losses, and expenses including, without limitation, reasonable attorney's fees arising out of the wrongful actions or omissions of CARE OF DC/MUTTS. The TOWN shall defend, indemnify, and hold CARE OF DC/MUTTS, its officials, officers, and employees harmless from and against all actions, proceedings, claims, damages, liabilities, losses, and expenses including, without limitation, reasonable attorney's fees arising out of the wrongful action or omissions of the TOWN. 13. APPLICABLE LAW: This Agreement shall be governed by, construed, and conformed in accordance with the laws of New York State with regard to conflicts of law and principles of laws. 14. WAIVER: No waiver of any breach or any condition of this Agreement shall be binding unless in writing and signed by both parties. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause for reception of such or any other breach unless the waiver shall specifically include the same. 15. MODIFICATION: This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. 16. NOTICES: All notices, demands, requests, consents, approvals, or other communications required or permitted to be given hereunder to any party to this Agreement shall be in writing and shall be registered or certified mail with return service requested, and/or email. 17. ENTIRE AGREEMENT: This written Agreement, when signed by both parties forms the entire Agreement between the parties and replaces and supersedes all prior Agreements or undertakings between the parties, if any. 18. PAYMENT: All bills properly submitted to the TOWN in accordance with this Agreement will be paid within sixty (60) days. IN WITNESS WHEREOF, the parties have executed this Agreement in two (2) counterparts, each of which shall constitute an original, the day and year first above written. COMPASSIONATE ANIMAL RESCUE EFFORTS OF DUTCHESS COUNTY INC. Karen LeCam, Director Date: TOWN OF WAPPINGER ME Joseph D. Cavaccim, Supervisor, Town of Wappinger Date: STATE OF NEW YORK ) SS: COUNTY OF ) On the day of , 2025, before me, the undersigned, personally appeared Karen LeClain personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC STATE OF NEW YORK ) ) SS: COUNTY OF DUTCHES S ) On the day of , 2025, before me, the undersigned, personally appeared Joseph D. Cavaccini personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC 9:46 START 9:50 START Town of Wappinger Meeting: 03/09/26 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Misc Town Board Decisions Prepared By: Joseph P. Paoloni ADOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2026-83 DOC ID: 6576 Resolution Accepting Donation To Parks And Recreation Department - Senior Center Division WHEREAS, the Town of Wappinger hosts a variety of senior citizen and recreational programs and events throughout the year including monthly birthday parties for Wappinger residents who are senior citizens, and WHEREAS, Town Supervisor Joseph D. Cavaccini has fostered a strong relationship with the Pines at Poughkeepsie who has graciously donated one check totaling $4,200.00 dated to offer the monthly Senior Center birthday parties at no cost to any and all Senior Citizen in the Town of Wappinger, and NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby accept the following donation to offer the monthly Senior Center birthday parties at no cost to any and all Senior Citizen in the Town of Wappinger: Pines at Poughkeepsie $4,200.00 RESULT: ADOPTED [UNANIMOUS] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella Updated: 3/4/2026 2:12 PM by Joseph P. Paoloni Page 1 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2026-84 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Meeting: 03/09/26 07:00 PM Department: Town Clerk Category: Correspondence Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6578 Correspondence Log - 2 26 0041-09 Number T4 From I [tete [tete Rec" Re: Agenda [tete 03-09.001 Torn Board Matthew W, Davie 1 220120261 3/2J2026Reolecernellt Culvert 'P-35. County Rt 94 3d9/2026 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: William H. Beale, Councilman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella Updated: 3/5/2026 1:46 PM by Joseph P. Paoloni Page 1 Packet Pg. 29 Q(o 0 lC N � . CY) d Q c[' m a U . Lfi C? a Q U M D E CO CLIxN N vC) �m N O N N W�R � ❑ p [V` U N W U. L Q O -- 7 Z 0 Packet Pg. 29 SUE SERINO February 20, 2026 ROBERT H. BALKIND, P.E. COMMISSIONER DAVID C. WHALEN DEPUTY COMMISS110NER DiUTCHESSCOUNTY GOVERNMENT DEPARTMENT OF PUBLIC WOiRKS Received Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 MAR 0 2 2026 Town of Wappinger Town Clerk RE: REPLACEMENT OF CULVERT WP -35, COUNTY ROUTE 94 (ALL ANGELS HILL ROAD) OVER UNNAMED STREAM, TOWN OF WAPPINGER, DUTCHESS COUNTY, NY Dear Property Owner-, The Dutchess County Department of Public Works is planning to replace the culvert located adjacent to your property at Carroll Drive, Wappingers Falls, NY 12590 with a parcel identification number 135689-6257-02-957600, To facilitate this culvert replacement project, it will be necessary for Dutchess County to acquire certain real property rights from a portion of your property. Based on the current design plans, Dutchess County is seeking to obtain a fee acquisition, a permanent easement and a temporary easement as depicted on the acquisition maps enclosed with this letter. The fee acquisition is required to ensure the newly constructed culvert remains within the highway boundary. The permanent easement is required for the purpose of maintaining guide rail. The temporary construction easement will be used for the purposes of access and general culvert construction activities. Dutchess. County has retained the appraisal firm of Michael Deutan Appraisal & Associates to establish a fair market value of the fee acquisition, permanent easement and temporary easement located on your property. Mr. Deutan is planning to schedule a site visit in late March, 2026, to inspect the property subject to these parcels. You are welcome to accompany him during his visit, but it is not required. To help explain the process of how Dutchess County acquires property that is necessary for public improvement projects, I have enclosed a copy of Dutchess County's Right of Way Acquisition Brochure with this letter. Please feel free to contact me at 845-486-2929, if you wish to further discuss the acquisition process or to answer any questions you may have about the project, Sincerely, Matthew W. Davis 626 Dutchess Turnpike, Poughkeepsie, New York 12603 1 (845) 486-2085 dutchessny.gov WP -35 (COUNTY UNTY ROUTE 9 4 CULVERT 'EXHIBIT A' RECONSTRUCTION TACTION COU,NTY OF DUICHESS Originals of this map (sheets I & 2) are on file at the offices of the Dutchess County Department of Public Works. ACQUISITION DESCRIPTION: Type: FEE Portion of Real Property Tax Parcel ID Na. 6257-02-957600 MAP REFERENCE INFORMATION: 1. MAP ENTITLED "METES & BOUNDS PUBLIC IMPROVEMENT PLAN, ROCKINGHAM FARMS—SECTION 11, TOWN OF WAPPINGER, OUTCHESS COUNTY, NEW YORK', PREPARED BY HERBERT L KARTIGANER, P.E., L.E., DATED DECEMBER 9, 1965, LAST REVISED JUNE 22, 1966 AND FILED IN THE DUTCHESS COUNTY CLERK'S OFFICE ON JULY 11, 1966 AS MAP No. 3425 X.LM AKWMW MUSTEE OF PC PALA= FAMe #bREVDCA&E TRUST owpulm 0007) ALL ANGELS HILL RV 9.2*F'r—\ K 7WW* E SrA. 0+5&07 2&2*Fr 11.407 N 8527*56* W —\ P.aa--\ 4! STA. 0+57.16 I.IftFT 8, L"7 WALE GaAs CRrvE ur-r-mmimri,4i ur rUDLIU VVUNIN3 TOWN OF WAPPINGER (REPUTED OWNER) DOCUMENT J: 02 2006 1119 TRN: 3 IL MAP NO. 3 PARCEL NO. 3 1 ur 4 JFI" I Town of Wappinger County of Outchess State of New York OWNER: TOWN OF WAPPINGER CARROLL DR WAPPINGERS FALLS, NY 12590 THE E14--3d pp---_ FONN OF WAPP#AIER � ED AREA E (REP TM OWVR) CARM DR CARROLL RD RYTAL nwOr.58 SOFT-* 25 SaFT 6 OF W&W 4.25 H2 WALL UNDER WATER —09-- 0 20fj 3+00 STA. 0O+ODD0 :.�� T COF PROPOSED COUNTY ROUTE 94 IMPROVEMENT D AA" Mel HS IRON RCD # STA 6123 iaftFT S 8628'13r E WATER ,FF__QF AP AVrRASS Q J 5 GN HEAD WALL ( COARD RAR 8190; I 10.17IJ-1. f 2+'06 2024 SURVEY SC41DL", BASELINE 4"-09 # 200 _STA. 2+12.24 5WD Wjire L,,E- V STA. 0+66.27 14&*FT 9-bkrr S 432104' E MAP NUMBER REVISED DATE DATE PREPARED PREPARED BY 01ECKM BY -FINAL 01ECK BY —1— __ 0 0 Q. Ch 0 to 04 Q 04 U) LU IY9 M 9 to 04 Q 04 E WP -35 (COUNTY ROUTE 94) CULVERT 'EXHIBIT A` MAP NO. 3 RECONSTRUCTION COUNTY OF DUTCHESS PARCEL NO. 3 PROJECT DEPARTMENT OF PUBLIC WORKS SHEET 2 OF 2 SHEET 0+00.00 1 SPIKE NYSPCS EAST ZONE NAD 2WIT N1001103M E: 687484.935 ;TA. 2+12.24 -200 SPIKE NYSPCS EAST [ONE NAD 011 N' t001322.374. E. 857881280 Map of property which the Commissioner of Public Works deems necessary to be acquired in the name of the People of the County of Dutchess in a fee acquisition, for the purposes connected with the highway system of the County of Dutchess, pursuant to Section 118 of the Highway Law and Eminent Domain Procedure Law. ALL THAT PIECE OR PARCEL OF PROPERTY HEREINAFTER DESIGNATED AS PARCEL NO. 3, SITUATED IN THE TOWN Of WAPPINGER„ COUNTY OF DUTCHESS, STATE OF NEW YORK, AS SHOWN ON THE ACCOMPANYING MAP AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF COUNTY ROUTE 94 (ALL ANGELS HILL ROAD) AT ITS INTERSECTION WITH THE DIVISION LINE BETWEEN THE PROPERTY OF JILLIAN MCINTOSH, TRUSTEE OF THE PALAZZO FAMILY IRREVOCABLE TRUST (REPUTED OWNER) ON THE SOUTH AND THE PROPERTY OF THE TOWN OF WAPPINGER (REPUTED OWNER) ON THE NORTH; SAID POINT BEING 13.9± FEET DISTANT' WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 0+57.16± OF THE HEREINAFTER DESCRIBED SURVEY BASELINE FOR THE WP -35 (COUNTY ROUTE 94) CULVERT RECONSTRUCTION PROJECT; THENCE ALONG SAID DIVISION LINE NORTH 85'27'56" WEST 11.4± FEET TO A POINT 25.2± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 0+56.07± OF SAID BASELINE; THENCE THROUGH, THE PROPERTY OF THE TOWN OF WAPPINGER (REPUTED OWNER) THE FOLLOWING TWO (2) COURSES AND DISTANCES: (1) NORTH 7'53'22" EAST 9.2± FEET TO A POINT 25.6± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 0+65.23± OF SAID BASELINE AND (2) SOUTH 85'28'13° EAST 10.8± FEET TO A POINT ON THE FIRST MENTIONED WESTERLY BOUNDARY LINE OF COUNTY ROUTE 94, SAID POINT BEING 14.8± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 0+66.27± OF SAID BASELINE, THENCE ALONG SAID BOUNDARY LINE SOUTH 4'32'04" EAST 9,2± FEET TO THE POINT OF BEGINNING, SAID PARCEL BEING 101.58± SQUARE FEET MORE OR LESS OF WHICH 4.25± SQUARE FEET IS UNDER WATER. THE ABOVE MENTIONED SURVEY BASELINE IS A PORTION OF THE 2024 SURVEY BASELINE FOR THE WP -35 (COUNTY ROUTE 94) CULVERT RECONSTRUCTION PROJECT, AND IS DESCRIBED AS FOLLOWS: BEGINNING AT STATION 0+00.00, THENCE NORTH 10'-01'-33" EAST TO STATION 2+12.24. ALL BEARINGS REFERRED TO TRUE NORTH AT THE 74'-30' MERIDIAN OF WEST LONGITUDE. I hereby certify that the property mapped above is necessary for this Project, and the acquisition thereof is recommended. Date Robert H. Balkind, P.E. Commissioner of Public Works 20 Unauthorized alteration of survey map bearing a licensed land surveyor"s seal is a violation of the New York, State Education Low. I hereby certify that this map is an accurate description and map made from an accurate survey, prepared under my direction. Date 20 LUCAS J. BOYER, Land Surveyor P.L.S. License No, 050889 PBEPARM BY DJNAFER IAAF {IIIEafED BY OYNAYNE COOPER FINAL a4Ea( BY "81 BOYER WP -3 'COUNTY ROUTE 94 CULVERT 'EXHIBIT A' MAP NO. 4 RECON STACTION COUNTY OF DUTCHESS PARCEL NO, 4 PROJECT DEPARTMENT OF PUBLIC WORKS SHEET 1 OF 3 SHEET Originals of this map (sheets 1, 2 & 3) are on file at the offices of the Outchess County Department of Public Works. ACQUISITION DESCRIPTION: Type: TEMPORARY EASEMENT Portion of Real Property Tax Parcel ID No. 6257-02-957600 MAP REFERENCE INFORMATION: 1. MAP ENTITLED "METES & BOUNDS PUBLIC IMPROVEMENT PLAN, ROCKINGHAM FARMS—SECTION 11, TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK', PREPARED BY HERBERT L. KARTIGANER, P.E., LE., DATED DECEMBER 9, 1965, LAST REVISED JUNE 22, 1966 AND FILED IN THE DUTCHESS COUNTY CLERK'S OFFICE ON JULY 11, 1966 AS MAP No. 3425 &LIRs yawYm nwis7EF OF VE PALAZW FAAKY OtEK)CABLE 7R41ST (RUVMD OW*Rj JX ALL U;A.X-'FW7' 18*FT N 357553* E # STA. 0+7102 —\ N 1~36" W STA 0+=25 -U&bcT aesFi N 0527,56, W #'Srk 0+51107 UMrr FAuT 2A2*FT J"L, ICK WALL —, ASPHALIv DRE 0 2114 5-URVEY # 20 1 2 'TA. 00+0 0,00 151 SASELINE --iaj&—Lryiucw COUNTY 8007'5 94 Is— 9-2*FT S 7W,21, W 9 STA 0+6123 25&*FT IO.a*FT N 0261j, W 4! STA 0+6&27 14,8*rT faftrT S 4132104' W I SrA. 0+81.63 I&J±FT S 16'57'34' W TOWN OF WAPPINGER (REPUTED OWNER) DOCUMENT t 02 2006 1119 TRN: 4 Town of Wappinger County of Dutchess State of New York OWNER: TOWN OF WAPPINGER CARROLL DR WAPPINGERS FALLS, NY 12590 pT TSE 1416 lo L p, �_MGJTOID' 4f %DON OF TONN OF WAPPA11M (REPUTO 0111111M CAW= OR CANkURD t MM AM4E 32V�73 SaFT& cR a ow Aovs* OF *NQY 16441 SQFT-* IS 0AMN WAMq SIX 2+1532 a5 FY) a 5P.N WaaPfD 19 IZ&*FT AREA Ja 7.*FT 152&FT STA 1+97.57 I N 0*4705* E 4ag+FT STA 1+4120 37.7*FT V -UJ*FF N 4 10.11FT N 274'50' E N 9*3647' W STA TA. Y+3567 2191+7 \A"' SOLD AI X S 73W 26' E STA. 1+4,41 IlAfT &OkFT S 16157134' W STA 1+4173 11.51FT — CRA55 # STA.4i_77 IZ?dfT R-2520 FT L-1.1&kFT STA 2+144 • R-;— &O F-1— L_4f.3A-k7 1,2 2+50 (a T.P A) \4� '�A -'. @ # 200 STA. 2+12.24 fL _1111, OS—ED IMPROWMENr Ift AiR sm 1'+16:061 S 161sr341 W N 73W16' Iff 8 STA 1+4137 MAP NUMBER REVISED DATE DATE PREPARED PREPARED BY aJAAFEEi LLAT CHECICED BY FINAL WECK BY -11. __ J5' COUNTY R TE 94 T 'EXHIBIT A' MAP NO. 4 RECDN3TRUCTIQN COUNTY OF DUTCHES8 PARCEL NO. 4 DEPARTMENT OF PUBLIC WORKS SHEET 2 OF 3 SHEET -201 SPIKE V200 SPIKE NVSKS FA,57 ZONE NAO 93,11 NYSMS W7 ZONE NAD BY" i: 507415A D I E, 6750120a Map of property which the Commissioner of Public Works deems necessary to be acquired in the name of the People of the County of Dutchess in <3 temporary easement, for the purposes connected with the highway system of the County of Dutchess, pursuant to Section 118 of the Highway Law and Eminent Domain Procedure PARCEL NO. 4, A TEMPORARY EASEMENT TO BE EXERCISED IN, ON AND OVER THE PROPERTY DELINEATED ABOVE FOR THE PURPOSE OF A WORK AREA IN CONNECTION WITH THE CONSTRUCTION OR RECONSTRUCTION OF CULVERT AND APPURTENANCES FOR USE AND EXERCISABI F DURING THE CONSTRUCTION OR RECONSTRUCTION OF THE WP -35 (COUNTY ROUTE 94) CULVERT RECONSTRUCTION PROJECT AND TERMINATING UPON THE APPROVAL OF THE COMPLETED WORK, UNLESS SOONER TERMINATED IF DEEMED NO LONGER NECESSARY FOR OF THE WP -35 (COUNTY ROUTE 94) CULVERT RECONSTRUCTION PROJECT AND RELEASED BY THE COUNTY OF DUTCHESS OR OTHER AUTHORIZED REPRESENTATIVE ACTING FOR THE PEOPIE OF DUTCHESS COUNTY OR ITS ASSIGNS. SUCH EASEMENT SHALL BE EXERCISED IN AND TO ALL THAT PIECE OR PARCEL OF PROPERTY DESIGNATED AS PARCEL NO. 4, AS SHOWN ON THE ACCOMPANYING MAP: BEGINNING AT A POINT ON THE PROPOSED WESTERLY BOUNDARY LINE OF COUNTY ROUTE 94 (ALL ANGELS HILL ROAD) AT ITS INTERSECTION WITH THE DIVISION LINE BETWEEN THE PROPERTY OF JILLIAN MCINTOSH, TRUSTEE OF THE PALAZZO FAMILY IRREVOCABLE TRUST (REPUTED OWNER) ON THE SOUTH AND THE PROPERTY OF THE TOWN OF WAPPINGER (REPUTED OWNER) ON THE NORTH; SAID POINT BEING 25.2± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 0+56.07± OF THE HEREINAFTER DESCRIBED SURVEY BASELINE FOR THE WP -35 (COUNTY ROUTE 94) CULVERT RECONSTRUCTION PROJECT;THENCE ALONG SAID DIVISION LINE NORTH 85*27'56' WEST 8.6± FEET TO A POINT 33.8± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 0+5525± OF SAID BASELINE. THENCE THROUGH THE PROPERTY OF THE TOWN OF WAPPINGER (REPUTED OWNER) THE FOLLOWING SEVEN (7) COURSES AND DISTANCES� (1) NORTH 10-49-36" WEST 19.0± FEET TO A POiNT 40,6± FEET DtSTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 0+73.02± OF SAID BASELINE, (2) NORTH 35'25'53" EAST 9,8± FEET TO A POINT 36.4± FEET DISTANT WESTERLY. MEASURED AT RIGHT ANGLES FROM STATION 0+81.88± OF SAID BASELINE, (3) NORTH 16-55'59- EAST 54.2± FEET TO A POINT 29.9± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 1+35.67± OF SAID BASELINE, (4) NORTH 9-36'47" WEST 10.1± FEET TO A POINT 33.3± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 1+45.20± OF SAID BASELINE, (5) NORTH 0'4705" EAST 15.2± FEET TO A POINT 35.7± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 1+60.19± OF SAID BASELINE, (6) NORTH 2*14'50" EAST 37.7± FEET TO A POINT 40.8± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 1+97.57± OF SAID BASELINE AND (7) NORTH 11-08-56- EAST 17.8± FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF CARROLL DRIVE, SAID POINT BEING 40.5± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES, FROM STATION 2+15.32± OF THE BACK TANGENT PRODUCED AHEAD (B.T.P.A.) OF SAID BASELINE, THENCE ALONG LAST THE MENTIONED SOUTHERLY BOUNDARY LINE THE FOLLOWING TWO (2) COURSES AND DISTANCES: (1) EASTERLY FOLLOWING A CURVE TO THE RIGHT HAVING A RADiUS OF 250.0 FEET AND A LENGTH OF 13.8± FEET TO A POINT 26.7± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 2+14.67± OF THE BACK TANGENT PRODUCED AHEAD (B.T.P.A.) OF SAID BASELINE AND (2) SOUTHEASTERLY FOLLOWING A CURVE TO THE RIGHT HAVING A RADIUS OF 25,0 FEET AND A LENGTH OF 41.3± FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF COUNTY ROUTE 94 (ALL ANGELS HILL ROAD), SAID POINT BEING 3.6± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 1+86.08± OF SAID BASELINE, THENCE ALONG THE LAST MENTIONED WESTERLY BOUNDARY LINE OF COUNTY ROUTE 94 (ALL ANGELS HILL ROAD) SOUTH 16-57-34" WEST 41.0± FEET TO A POINT 8.5± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 1+45.37± OF SAID BASELINE, THENCE THROUGH THE PROPERTY OF THE TOWN OF WAPPINGER THE FOLLOWING THREE (3) COURSES AND DISTANCES: (1) NORTH 73'02'26" WEST 3.0± FEET TO A POINT 11.5± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 1+45.73± OF SAID BASELINE, (2) SOUTH 16'57'34" WEST 5.0± FEET TO A POINT 12.1± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STAT10N 1+40.77± OF SAID BASELINE AND (3) SOUTH 73 -02'26 - EAST 3.0± FEET TO A POINT ON THE PREVIOUSLY MENTIONED WESTERLY BOUNDARY LINE OF COUNTY ROUTE 94 (ALL ANGELS HILL ROAD), SAID POINT BEING 9.1± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 11+40.41± OF SAID BASELINE, THENCE ALONG THE WESTERLY BOUNDARY OF COUNTY ROUTE 94 (ALL ANGELS HILL ROAD) THE FOLLOWING TWO (2) COURSES AND DISTANCES: (1) SOUTH 16*57'34" WEST 59.2± FEET TO A POINT 16.3± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 0+81.63± OF SAID BASELINE AND (2) SOUTH 4-32-04- WEST 15.4± FEET TO A POINT ON THE FIRST MENTIONED PROPOSED WESTERLY BOUNDARY LINE OF COUNTY ROUTE 94 (ALL ANGELS HILL ROAD), SAID POINT BEING 14.8± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 0+66.27± OF SAID BASELINE, THENCE ALONG THE LAST MENMNED PROPOSED BOUNDARY LINE THE FOLLOWING TWO (2) COURSES AND DISTANCES: (1) NORTH 85'28'13" WEST 10.8± FEET TO A POINT 25.6± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STAT10N 0+65.23± OF SAID BASELINE AND (2) SOUTH 7*53'21" WEST 9.2± FEET TO THE POINT OF BEGINNING, SAID PARCEL BEING 3937.73± SQUARE FEET MORE OR LESS OF WHICH 164.21 SQ.FT.± IS UNDER WATER. U W 'j 935 COUNTY ROUTE 4) CULVERT 'EXHIBIT A' MAP NO. 4 0 RECONSTRUCTION U CTION COUNTY OF DUTCHESS PARCEL NO. 4 PROJECT DEPARTMENT OF PUBLIC WORKS SHEET 3 OF 3 SHEET RESERVING, HOWEVER, TO THE OWNER OF ANY RIGHT, TITLE, OR INTEREST IN AND TO THE PROPERTY ABOVE DELINEATED, AND SUCH OWNER'S SUCCESSORS OR ASSIGNS, THE RIGHT OF ACCESS AND THE RIGHT OF USING SAID PROPERTY AND SUCH USE SHALL NOT BE FURTHER LIMITED OR RESTRICTED UNDER THIS EASEMENT BEYOND THAT WHICH IS NECESSARY TO EFFECTUATE ITS PURPOSE FOR, AND ESTABLISHED BY, THE CONSTRUCTION OR RECONSTRUCTION AND AS SO CONSTRUCTED OR RECONSTRUCTED, THE MAINTENANCE, OF THE HEREIN IDENTIFIED PROJECT. THE ABOVE MENTIONED SURVEY BASELINE IS A PORTION OF THE 2024 SURVEY BASELINE FOR THE WP -35 (COUNTY ROUTE 94) CULVERT RECONSTRUCTION PROJECT, AND IS DESCRIBED AS FOLLOWS: BEGINNING AT STATION 0+00.00, THENCE NORTH 10* -01'-33' EAST TO STATION 2+12.24. ALL BEARINGS REFERRED TO TRUE NORTH AT THE 74"-30' MERIDIAN OF WEST LONGITUDE. I hereby certify that the property map jerctJ above is necessary Tor his pro , and the acquisition thereof is recommended. Date Robert H. Balkind, P.E. Commissioner of Public Works 20— Unauthorized alteration of survey map bearing a licensed land surveyor's seal is a violation of the New York State Education Low. I hereby certify that this map is an accurate description and map made from an accurate survey, prepared under my direction. Date 20— LUCAS J. BOYER, Land Surveyor P.L.S. License No. 050889 PREPARED BY OJAAFER IAAF CHECKED BY OWAYwE. COOPER FINAL. CHECK BY WCAS BOYER WP' -35 5 (COUNTY ROUTE 3 94 CULVERT 'EXHIBIT A' MAP NO, 9 RECONSTRUCTION E N RUCTION COUNTY OF DUTCHESS PARCEL NO. 11 PROJECT DEPARTMENT OF PUBLIC WORKS SHEET 1 OF 2 SHEET Originals of this map (sheets I & 2) are on file at the offices of the Dutchess County Department of Public Works. ACQUISITION DESCRIPTION: Type:PERMANENT EASEMENT Portion of Real Property Tax Parcel ID No. 6257-02-957600 MAP REFERENCE INFORMATION: 11. MAP ENTITLED 'METES & BOUNDS PUBLIC IMPROVEMENT PLAN, ROCKINGHAM FARMS—SECTION 11, TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK-, PREPARED BY HERBERT L. KARTIGANER, P.E., LE., DATED DECEMBER 9, 1965, LAST REVISED JUNE 22, 1966 AND FILED IN THE DUTCHESS COUNTY CLERK'S OFFICE ON JULY 11, 1966 AS MAP No. 3425 TOWN OF WAPPINGER (REPUTED OWNER) DOCUMENT #- 02 2006' 1119 TRN; 11 Aj VE 706 Town of Wappinger County of Dutchess State of New York OWNER: TOWN OF WAPPINGER CARROLL DR WAPPINGERS FALLS, NY 12590 TRUE N N 73=26" W UWEASEMENT ®Lo ch6RA55- W2 SPHAL T AR4 -RAX RM 9-1 USX 1,-REF3EC �1111 201 2024 SURVEY BASELJNE TOMIN OF WAPPNVM (REIRRM 0111110?) V1000ED AREA COUNTY ROUTE 94 CANIOLL DR PE IXUAN KWTMK 7ftwar CARRIOU. fiV (W� OF DE PALAZZO FAANLY MTAL AREA' 0400 =rr'.* NNEVOCABLE 7MUST OR a0WJ AQ?E&* N 16'5734 IREPurm OMA R) 3M ALL ARMs IRE. JW STA. 1+4x:771 12 1.*Fr t' STA 1.4173 [f1.StFT I " N 73=26" W UWEASEMENT ®Lo ch6RA55- W2 SPHAL T AR4 -RAX RM 9-1 USX 1,-REF3EC �1111 201 2024 SURVEY BASELJNE STA. 00+00.00 — ----- I IIIIIIIIE17 COUNTY ROUTE 94 IMPROVEMENT Ho sTok 1+4a41 A 1,07 &ftFT S 16'57:34' W STA. 1+4137 &51FT L, GRASS A 0.*FT S 73V226' E H # 200 STA 2+12.24 — — — — 1__-1 1110,A—L---_ PREPARED BY .... . .... CVIECKED BY tlWAYNE COOPER FROAL CWQ( BY MAP NUMBER REVISED DATE DATE PREPARED WP -3S (C�IUNTY RC)UTE 94) CULVERT EXHIBIT A' MAP NO. 9 " RECONSTRUCTION COUNTY OF DUTCHESS PARCEL NO, 11 PROJECT DEPARTMENT OF PUBLIC WORKS SHEET 2 OF 2 SHEET n4e xIX1996'LntS TsTA. 2+12,24 -200 SPRE NYSPCS EAST ZONE NAD 93191 N. 1001322.374 F. 837501.Y90 Map of property which the Commissioner of Public Works deems necessary to be acquired in the name of the People of the County of Dutchess in a permanent easement, for the purposes connected with the highway system of the County of Dutchess, pursuant to Section 118 of the Highway Low and Eminent Domain Procedure Law.. A PERMANENT EASEMENT TO BE EXERCISED IN, ON AND OVER THE PROPERTY ABOVE DELINEATED FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING AND MAINTAINING THEREON THE WIDENING OF COUNTY ROUTE 94 (ALL ANGELS HILL ROAD) FOR THE WP -35 CULVERT RECONSTRUCTION PROJECT IMPROVEMENT, IN AND TO ALL THAT PIECE OR PARCEL OF PROPERTY DESIGNATED AS PARCEL NO. 11, SITUATE IN THE TOWN OF WAPPINGER, COUNTY OF DUTCHESS, STATE OF NEW YORK,AS SHOWN' ON THE ACCOMPANYING MAP AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF COUNTY ROUTE 94 (ALL ANGELS HILL ROAD) SAID POINT BEING 9.1± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 1+40.41± OF THE HEREINAFTER DESCRIBED SURVEY BASELINE FOR THE WP -35 (COUNTY ROUTE 94) CULVERT RECONSTRUCTION PROJECT;THENCE THROUGH THE PROPERTY OF THE TOWN OF WAPPINGER (REPUTED OWNER) THE FOLLOWING THREE (3) COURSES AND DISTANCES: (1) NORTH 73°02'26" WEST 3.0± FEET TO A POINT 12.1± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 1+40.77± OF SAID BASELINE, (2) NORTH 18'57'34" EAST 5.0± FEET TO A POINT 11.5± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 1+45.73± OF SAID BASELINE AND (3) SOUTH 73"02'26'" EAST 3..0± FEET TO A POINT ON THE FIRST MENTIONED WESTERLY BOUNDARY LINE OF COUNTY ROUTE 94 (ALL ANGELS HILL ROAD), SAID POINT BEING 8.5± FEET DISTANT WESTERLY, MEASURED AT RIGHT ANGLES FROM STATION 1+45.37± OF SAID BASELINE, THENCE ALONG SAID WESTERLY BOUNDARY LINE OF COUNTY ROUTE 94 (ALL ANGELS HILL ROAD) SOUTH 16'57'34" WEST 5.0± FEET TO THE POINT OF BEGINNING, SAID PARCEL BEING 15.00± SQUARE FEET MORE OR LESS. THE ABOVE MENTIONED SURVEY BASELINE IS A PORTION OF THE 2024 SURVEY BASELINE FOR THE WP -35 (COUNTY ROUTE 94) CULVERT RECONSTRUCTION PROJECT, AND IS DESCRIBED AS FOLLOWS: BEGINNING AT STATION 0+00.00, THENCE NORTH 10'-01'-33" EAST TO STATION 2+12.24. ALL BEARINGS REFERRED TO TRUE NORTH AT THE 74'-30° MERIDIAN OF WEST LONGITUDE. I hereby certify that the property mapped above is necessary for this project, and the acquisition thereof is recommended. Date Robert H. Balkind, P.E. Commissioner of Public Works Unauthorized alteration of survey map bearing a licensed land surveyor's seal is a violation of the New York State Education Law. I' hereby certify that this map is an accurate description and map made from an accurate survey, prepared under my direction. Date 20— LUCAS 0— LUCAS J. BOYER, Land Surveyor P.L.S. License No. 050889 PREPARED BY DJAAfE,R ZAAF CHECKED BY Nwn.m9Qrymf#__,nmAL oHEcK BY Lucus BOYF�t.B Town of Wappinger Meeting: 03/09/26 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Budget Prepared By: Joseph P. Paoloni TABLED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2026-81 DOC ID: 6581 Resolution Authorizing 2025 Budget Amendment WHEREAS, the Town Board of the Town of Wappinger adopted the 2025 Town Budget; and WHEREAS, from time to time it is necessary to amend the Town Budget to properly account for revenues received and expenditures incurred during the fiscal year; and WHEREAS, the Town Comptroller has reviewed the financial records and recommends certain amendments to reconcile revenues and expenditures across various Town funds. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby authorizes amendments to the 2025 Town Budget as detailed in Schedule A, attached hereto and made part of this resolution; and BE IT FURTHER RESOLVED, that the Town Comptroller is hereby authorized and directed to make the necessary budgetary and journal entry adjustments to the Town's financial records in accordance with Schedule A. RESULT: TABLED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella Next: 3/23/2026 7:00 PM Updated: 3/5/2026 3:44 PM by Joseph P. Paoloni Page 1 Legend: Expense_Amendment = (Activity+ Encumbrances) —Current Budget (expenses only). Revenue—Amendment = (Current Budget — Activity) so + means increase estimated revenue. Effective—Result (Adj for 5099) adds Budgeted Fund Balance (5099) for context (budget -variance view). 41) N O N O G N �L 0 M Q m N O N U) W P Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 ADOPTED RESOLUTION 2026-85 Meeting: 03/09/26 07:00 PM Department: Town Clerk Category: Local Law Intro Prepared By: Joseph P. Paoloni Initiator: MinuteTraq Admin Sponsors: DOC ID: 6582 Introductory Resolution For A Local Law Amending Chapter 240-36.3 Of The Town Code Entitled "Solar Energy Systems" WHEREAS, the Town Board of the Town of Wappinger has reviewed Chapter 240 of the Town Code entitled "Zoning," specifically §240-36.3 relating to Solar Energy Systems; and WHEREAS, the Town Board desires to amend said section of the Town Code to clarify permitted Solar Energy Systems within the Town of Wappinger and to establish updated definitions, installation standards, safety requirements, permitting procedures, and operational requirements; and WHEREAS, the proposed amendments clarify that Solar Energy Systems are permitted as an accessory use subject to the conditions set forth in §240-36.3, establish standards for Roof -Mounted Solar Energy Systems and Small -Scale Ground -Mounted Solar Energy Systems, and prohibit Large -Scale Solar Energy Systems within the Town of Wappinger; and WHEREAS, the Town Board finds that the adoption of these provisions will promote responsible solar energy development while protecting the health, safety, and welfare of the residents of the Town of Wappinger. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby introduces a proposed Local Law entitled "A Local Law Amending Chapter 240-36.3 Of The Town Code Of The Town Of Wappinger Entitled `Solar Energy Systems"'; and BE IT FURTHER RESOLVED, that the Town Board hereby declares its intent to act as Lead Agency for the environmental review of the proposed Local Law pursuant to the State Environmental Quality Review Act (SEQRA) and determines that the adoption of the proposed Local Law constitutes a Type II Action pursuant to 6 NYCRR §617.5(c) as a local legislative action adopting regulations of a general nature, and therefore no further environmental review is required; and BE IT FURTHER RESOLVED, that the proposed Local Law is hereby referred to the Dutchess County Department of Planning and Development for review and recommendation pursuant to §239-m of the General Municipal Law, and to the Town of Wappinger Planning Board for its review and recommendation; and BE IT FURTHER RESOLVED, that a public hearing on said proposed Local Law shall be held by the Town Board on March 23, 2026 at 7:00pm at Town Hall; and BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish and post notice of said public hearing as required by law. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Heather O'Dell, Councilwoman AYES: Cavaccini, Beale, O'Dell, Phillips, Casella Updated: 3/6/2026 11:51 AM by Joseph P. Paoloni Page 1 LOCAL LAW NO. OF THE YEAR 2026 A LOCAL LAW AMENDING CHAPTER 240-36.3 OF THE TOWN CODE OF THE TOWN OF WAPPINGER ENTITLED "SOLAR ENERGY SYSTEMS" BE IT ENACTED by the Town Board of the Town of Wappinger, County of Dutchess, as follows: Section 1: Section 240-36.3 of the Town of Wappinger Town Code is hereby amended "Solar Energy Systems" as a Permitted Accessory Use subject to the conditions specified in Section 240-36.3. § 240-36.3 Solar Energy Systems. A. Statutory authority and jurisdiction. (1) This section is hereby enacted pursuant to the provisions of Section 20 of the Municipal Home Rule Law and Sections 261 and 263 of Town Law of the State of New York, which authorize the Town of Wappinger to adopt zoning provisions that advance and protect the health, safety, and welfare of the community, and make provision for, so far as conditions may permit, the accommodation of Solar Energy Systems and equipment, and access to sunlight necessary therefor. (2) The authority to issue site plans pursuant to the provisions of this section is hereby delegated to the Town of Wappinger Planning Board. (3) References herein to zoning districts in the Town of Wappinger are references to such districts as described in this Chapter 240 of the Town of Wappinger Code. B. Statement of purpose and intent. (1) This section is adopted to advance and protect the public health, safety, and welfare of the Town of Wappinger, including: C. Definitions. ACCESSORY USE A use which is customarily incidental and subordinate to the Principal Use of a lot or water area, and which is located on the same lot or water area therewith. ALTERNATING CURRENT An electric current that reverses direction at regular intervals, having a magnitude that varies continuously in a sinusoidal manner. BUILDING -INTEGRATED SOLAR ENERGY PRODUCT A building product that incorporates solar energy modules and functions as a component of the building envelope, which produces electricity for on-site consumption. These include, without limitation, vertical facades, semi -transparent skylight systems, roofing materials, and window shades. BUILDING -INTEGRATED SOLAR ENERGY SYSTEM A Solar Energy System that uses Building -Integrated Solar Energy Products. DIRECT CURRENT An electric current of constant direction, having a magnitude that does not vary or varies only slightly. FACILITY AREA This shall include: (1) all of the area within any fence surrounding a Solar Energy System; and (2) the area covered by and between all Solar Energy System components, including, but not limited to, access roads, transmission lines, and support buildings. GROUND -MOUNTED SOLAR ENERGY SYSTEM A Solar Energy System that is: (i) anchored to the ground or supported on a foundation; (ii) attached to a frame or other mounting system; or (iii) detached from any other structure. A Ground -Mounted Solar Energy System must be used primarily for producing electricity for on-site consumption, and must be approved by the Town of Wappinger Planning Board. A Ground -Mounted Solar Energy System requires Site Plan Approval by the Town of Wappinger Planning Board, and must comply with the regulations set forth in Sub Section 215-38.1(H) of this Chapter. KILOWATT (kW) A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. One thousand kW is equal to one Megawatt (MW). KILOWATT-HOUR (kWh) A unit of energy equivalent to one Kilowatt (kW) of power expended for one hour of time. LARGE-SCALE SOLAR ENERGY SYSTEM U) A Solar Energy System that produces more than one hundred and ten percent (110%) of the solar energy needed to serve the principal and accessory structures E on site. Large -Scale Solar Energy Systems are prohibited within the Town of Wappinger. LOT COVERAGE That percentage of the lot area covered by the combined area of all buildings or structures on the lot. MEGAWATT (MW) A unit of electrical energy equal to 1,000 Kilowatts. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. MEGAWATT -HOUR (MWh) A unit of energy equivalent to one Megawatt (MW) of power expended for one hour of time. NAMEPLATE CAPACITY A Solar Energy System's maximum electric power output under optimal operating conditions. Nameplate Capacity may be expressed in terms of Alternating Current or Direct Current. PLANNING DIVISION For the purposes of this Sub -Section, the Planning Division of the Town of Wappinger Code Enforcement Office shall be made up of the Secretary of the Town of Wappinger Planning Board, the Town of Wappinger Planning Board, and the Town of Wappinger Zoning Board of Appeals. Applications for Solar Energy Systems which require the Town of Wappinger Planning Division's approval shall be submitted to the Planning Division and shall be subject to Site Plan Approval by the Town of Wappinger Planning Board. PRINCIPAL SERVICE All Solar Energy Systems in the Town of Wappinger shall principally serve the buildings or structures on the property in question, whereby the owner can only produce one hundred and ten percent (110%) of a property's solar energy needs, including emergency needs. The buildings or structures must be located on the same lot as the Solar Energy System. PRINCIPAL USE The main use conducted on a lot, dominant in area, extent, or purpose, to other uses which may also be located on the lot. 0 ROOF -MOUNTED SOLAR ENERGY SYSTEM c d E A solar energy panel system installed on or above the roof covering of a legally permitted structure for the purpose of producing electricity for on-site consumption. Roof -Mounted Solar Energy Systems are comprised of solar energy panels that are either: (i) fixed and flush -mounted parallel to the roof, (ii) placed on rack -supported systems that may be articulated and tilted; (iii) solar energy roof coverings; or (iv) any combination of the three. A Roof -Mounted Solar Energy System cannot extend past the roofline. SITE PLAN APPROVAL All Ground -Mounted Solar Energy Systems, require Site Plan Approval by the Town of Wappinger Planning Board. All Solar Energy Systems which require Site Plan Approval must comply with the regulations set forth in the Town of Wappinger Town Code. SMALL-SCALE SOLAR ENERGY SYSTEM A Solar Energy System that does not exceed more than one hundred and ten percent (110%) of the solar energy needed to serve the principal and accessory structures on the lot upon which the system is located. Nothing contained in this provision shall be construed to prohibit the sale of the excess ten percent (10%) of power not required for the on-site needs through a net billing or net metering arrangement made in accordance with New York Public Service Law Section 66-j, or a similar state or federal statute. SOLAR ACCESS Space open to the sun and substantially clear of overhangs or shade, including the orientation of streets and lots to the sun so as to permit the use of a solar energy system on individual properties. SOLAR ENERGY EQUIPMENT Electrical energy storage devices, materials, hardware, inverters, or other electrical equipment and conduits of solar energy devices associated with the production of electrical energy. SOLAR ENERGY SYSTEM An electrical generating system composed of a combination of Solar Panels and Solar Energy Equipment that produces electricity for primarily on-site consumption. SOLAR PANEL A solar energy device capable of collecting and converting solar energy into L_ electrical energy. It is normally either: (i) attached to a building by mechanical means and is readily removable and replaceable; or (ii) it is ground -mounted and utilizes structural components. E D. Safety requirements. (1) All Solar Energy Systems shall comply with the New York State Uniform Fire Prevention and Building Code and the New York State Energy Conservation Construction Code established pursuant to New York Executive Law Section 3 81(2) (hereinafter referred to as the "NYS Uniform Code"), as well as any other applicable laws or regulations, to ensure compliance with all safety standards, including fire access. (2) In the event that the New York Uniform Code contains more restrictive regulations covering Solar Energy Systems than those noted in this Sub -section and the regulations conflict, then the NYS Uniform Code regulations shall prevail. (3) Solar Energy Systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the Town of Wappinger Fire Prevention Bureau. E. Applicability. (1) The requirements of this Section apply to all Solar Energy Systems and equipment installed or modified after the effective date of this Section, excluding general maintenance and repair. (2) Solar Energy Systems constructed or installed prior to the effective date of this Section shall not be required to meet the requirements of this Section. However, if fifty-one percent (51%) of the Nameplate Capacity of a Solar Energy System that was previously constructed or installed prior to the effective date of this Section is repaired, then the full Solar Energy System must comply with the requirements of the current Code. (3) Farms within the Agricultural District, as defined in Article 25 -AA of the New York State Agriculture and Markets Law, must only use Solar Energy Systems for farm uses. Additionally, farms should not use prime farmland for such Solar Energy Systems. The definition of prime farmland shall be the same definition as that promulgated by the United States Department of Agriculture. (4) Roof -Mounted Small -Scale Solar Energy Systems installed on single -and multi- 3: family residential properties are subject to compliance with this Chapter under the � authority of the Building Inspector/Code Enforcement Officer, and generally do not L_ require review and approval from the Town of Wappinger Planning Board. cn° (5) The following shall be automatically subject to review by the Planning Division: E (a) Roof -Mounted, Small -Scale Solar Energy Systems installed on non- residential properties; (b) Roof -Mounted Solar Energy Systems that produce more than 25 kW DC, as rated by their Nameplate Capacity; and (c) All Small -Scale Ground -Mounted Solar Energy Systems, regardless of the size of the Solar Energy Systems or the zoning district they are located in. F. Installation requirements for all Solar Energy Systems. (1) A building permit shall be required for the installation of all Solar Energy Systems (2) All Solar Energy System installations must be performed in accordance with applicable electrical and building codes, the manufacturer's installation requirements, and industry standards. (3) Prior to the operation of the Solar Energy System, the electrical connections must be inspected by the Building Inspector/Code Enforcement Officer, and by an appropriate electrical inspector or agency, as approved by the Town of Wappinger, funding for which shall be paid for by the applicant. Letters of inspection must be provided to the Building Inspector/Code Enforcement Officer prior to the issuance of a certificate of occupancy or certificate of compliance. (4) Any connection to the public utility grid must be inspected by the appropriate public utility, and documentation certifying this inspection must be provided to the Building Inspector/Code Enforcement Officer prior to the issuance of a certificate of occupancy or certificate of compliance. (5) Approvals by the Town of Wappinger Planning Board shall include a review pursuant to the State Environmental Quality Review Act [ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA")]. (6) For Solar Energy Systems subject to Site Plan Approval, the Town of Wappinger F6 shall impose, and may update as appropriate, a schedule of fees to recover o expenses associated with engineering, environmental, or legal services v LU determined to be reasonably necessary in the processing of an application under this law. J (7) Prior to the issuance of the building permit and final approval by the Town of Wappinger Planning Board, construction and/or site plan documents must be signed and stamped by a New York State Licensed Professional Engineer or a New York State Registered Architect. E (8) Infrastructure required for the installation of any Solar Energy System, including all Solar Panels, integrated monitoring systems, performance measuring equipment, batteries, and any screening, must be contained within the boundary lines of the property owner and outside of any utility/public right-of-way. (9) Infrastructure required by the utility for utility interconnection located in a utility/public right-of-way, and upgrades to an existing overhead utility service drop, are permitted. (10) All warning signs, equipment markings, and installations of Solar Energy Systems shall be in accordance with the New York State Uniform Code, the National Electric Code, the National Fire Protection Association Codes and Standards, and any other applicable laws and regulations. (11) The use and siting of Solar Energy Systems shall be compatible with the Town's Greenway Connections Ordinance and Comprehensive Plans. G. Roof -Mounted Solar Energy Systems. (1) Rooftop -mounted solar energy systems are permitted accessory uses in all zoning districts. (2) Rooftop -mounted solar energy systems installed on one -family dwellings and accessory buildings for one -family dwellings are permitted accessory uses in all zoning districts. (3) Rooftop -mounted solar energy systems installed on new or existing buildings, other than one -family dwellings, are subject to site plan or special permit approval in the same manner as the building in which they are installed. (4) Notwithstanding the provisions of § 240-22, solar collectors may exceed the maximum height limitations for the zoning district, provided that such structures are erected only to such height as is reasonably necessary to accomplish the purpose for which they are intended to serve; however, in no event shall the solar collector exceed the height limitation in the district by more than six feet. (5) Nonconforming uses. Rooftop -mounted solar energy systems are permitted to be 3: installed on a building housing a nonconforming use, provided that they conform � to the other requirements of this section. L_ (6) Dimensionally nonconforming buildings. Rooftop -mounted solar energy systems may be installed on existing buildings that do not conform to the setback requirements of the district, provided that they do not increase the nonconformity. Rooftop -mounted solar energy systems may be installed on existing buildings that do not conform to the height requirements of the district, provided that they comply with Subsection E(4) above. (7) Roof -mounted photovoltaic systems installed on one- or two-family dwellings may be reviewed under the Unified Solar Permit. H. Small -Scale Ground -Mounted Solar Energy Systems. (1) Small -Scale Ground -Mounted Solar Energy Systems are permitted through the issuance of Site Plan Approval within all zoning districts, as indicated in the Use Table included at the end of this Chapter, and subject to: (i) any overlay district regulations set forth in the Town of Wappinger Code and (ii) the requirements set forth in this Section. (2) Installations of Small -Scale Ground -Mounted Solar Energy Systems will be treated as accessory structures to Legally Permitted Structures, subject to the requirements set forth in this Section. (3) All Solar Panels shall be dark -colored (blue or black material) and designed with an anti -reflective coating. (4) The applicant and the Town of Wappinger Planning Board shall consider possible glare from the Solar Panels when designing the Solar Energy System. (5) All Small -Scale Ground -Mounted Solar Energy Systems in all zoning districts shall be installed in the side yard or rear yard. (6) Small -Scale Ground -Mounted Solar Energy Systems are subject to setback requirements of the underlying zoning district with a minimum setback of at least one hundred (100) feet from any property line. The Town of Wappinger Planning Board has the authority to increase the setback requirements where there is an adverse impact. (7) Small -Scale Ground -Mounted Solar Energy Systems are restricted to a height of ten (10) feet from the ground under the Solar Panel to the highest point of the Solar Panel or racking structure, whichever is greater. (8) Small -Scale Ground -Mounted Solar Energy Systems visible during leaf -off 3: CU conditions, when viewed from the edge of an applicant's property line, shall be screened from adjacent properties and public rights-of-way by fencing, a landscape buffer, or a combination thereof, to minimize visual impact from the system to either public roads or neighboring properties. The screening shall be maintained at all times and shall be replaced as soon as practicable if damaged or destroyed for any reason. The Town of Wappinger Planning Board has the authority to take the physical characteristics of the site into consideration as it relates to view -shed and screening requirements. (9) Each applicant shall submit a copy of their application to the public electrical utility. Foreseeable infrastructure upgrades shall be documented and submitted, and all materials shall be submitted to the Town of Wappinger Planning Board concurrent with application materials for Site Plan Approval. All materials shall be subject to approval by the Town of Wappinger Planning Board. No building permit will be issued for a Small -Scale Ground -Mounted Solar Energy System until such time as the electrical utility has verified its approval. Off -grid systems and systems designed to produce energy solely for the site it is installed on are exempt from this requirement. (10) The total surface area of the Small -Scale Ground -Mounted Solar Energy System shall be included in Lot Coverage calculations and impervious coverage calculations. Lot Coverage for Ground -Mounted Solar Energy Systems shall comply with the maximum impervious surface coverage requirements of the underlying zoning district, as set forth in the Dimensional Table included at the end of this Chapter. (11) It is the strong preference of the Town of Wappinger that the installation of Small - Scale Ground -Mounted Solar Energy Systems do not require the removal of mature trees or forests. Therefore, where practicable, Ground -Mounted Solar Energy Systems shall be located on portions of properties that are currently free of trees. (12) All Small -Scale Ground -Mounted Solar Energy Systems in residential districts shall be installed on properties that are a minimum of five (5) acres in size or more, and they shall be installed in the side or rear yards. (13) Applications for Small -Scale Ground -Mounted Solar Energy Systems. (a) Applications for the installation of Small -Scale Ground -Mounted Solar Energy Systems shall be reviewed by the Building Inspector/Code Enforcement Officer and the Planning Division, who shall refer the o application, with comments, to the Town of Wappinger Planning Board for v its review and action, which can include approval, approval with conditions, or denial of Solar Energy System applications. If the application includes environmentally sensitive lands, the Planning Board may refer the application to the Town's environmental consultant. (b) The application to the Town of Wappinger Planning Board for Site Plan v°y Approval shall include all items set forth in the Town of E 9 ¢ Wappinger Zoning Code and the New York State unified residential solar energy permit application. Additionally, all applications shall include: (i) The name, address, and contact information of the proposed or potential system installer. Such information regarding the final system installer shall be submitted prior to the issuance of a building permit. (ii) The name, address, and contact information of the owner and/or operator of the Solar Energy System. (iii) The name, address, contact information, and signature of the project applicant, as well as all of the property owners, demonstrating their consent to the application and the use of the property for the Solar Energy System. (iv) The Nameplate Capacity of the Solar Energy System (as expressed in kW or MW). (v) The zoning district designation for the parcel(s) of land comprising the Facility Area. (vi) Property lines and physical features, including roads, for the Facility Area. (vii) Adjacent land uses on contiguous parcels within a three hundred (300) foot radius of the Facility Area. (viii) Proposed changes to the landscape of the site, including site grading, vegetation clearing, planting, the removal of any large trees, access roads, exterior lighting, signage, fencing, landscaping, and screening vegetation or structures. (ix) A one- or three -line electrical diagram detailing the entire Solar F6 Energy System layout, including the number of Solar Panels in each o ground -mount array, solar collector installation, associated v components, inverters, electrical interconnection methods, and "U utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram should describe the location and layout of all battery energy storage system components, if applicable, and should include applicable setback and other bulk and area standards. c d E 10 Q (x) A preliminary equipment specification sheet that documents all proposed Solar Panels, system components, mounting systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of a building permit. (xi) Any information which the Town of Wappinger Planning Board deems reasonably relevant in order to properly review the application for the Small -Scale Ground -Mounted Solar Energy System. (14) Abandonment of Small -Scale Ground -Mounted Solar Energy Systems. (a) All applications for Small -Scale Ground -Mounted Solar Energy Systems shall be accompanied by a decommissioning plan to be implemented upon abandonment, cessation of activity, or in conjunction with the removal of the Ground -Mounted Solar Energy System, prior to the issuance of a building permit. The decommissioning plan shall be accompanied by a budget showing the cost of implementing the plan, certified by the project engineer and approved by the Town Board, and the applicant shall provide a performance bond or New York State bank letter of credit, for the benefit of the Town of Wappinger, in the amount shown on the budget, plus fifty percent (50%), available to the Town of Wappinger for the life of the Solar Energy System or for so long as necessary to complete decommissioning, whichever is longer. This security will not be released until the Small -Scale Ground -Mounted Solar Energy Systems is fully decommissioned as set forth herein. The form and amount of the security must be reviewed and approved by the Town Board in conjunction with the Town Engineer and the Town Attorney. The security must remain in effect until the Small -Scale Ground Mounted Solar Energy System is removed. Review of the security by the Town Engineer and/or Town Attorney shall be paid from an escrow established by the applicant. (b) The decommissioning plan shall include a time frame for the completion of o site restoration work. Additionally, the decommission plan must ensure the v site will be restored to a useful, non -hazardous condition without delay, "U including, but not limited to, the following: J (i) Restoration of the surface grade and soil after removal of equipment, as well as testing of the soils, if appropriate; C d E 11 ¢ (ii) Removal of above -ground and below -ground equipment, structures, and foundations; and (iii) Revegetation of restored soil areas with native seed mixes, excluding any invasive species. (c) In the event that a Solar Energy System is not completed and functioning within twelve (12) months of the issuance of the final Site Plan Approval, the operator and/or owner of the Solar Energy System may request an additional extension of six (6) months from the Town of Wappinger Planning Board to complete the Solar Energy System. The Town of Wappinger Planning Board can choose to grant the extension unconditionally, grant the extension with conditions, or deny the extension. (d) In the event that the Solar Energy System is not completed and functioning within twelve (12) months of the issuance of the final Site Plan Approval, unless an extension has been previously granted, the Town of Wappinger may notify the operator and/or the owner to complete the construction and installation of the Solar Energy System within one hundred and eighty (180) days. If the owner and/or operator fails to perform, the Town of Wappinger may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within one hundred and eighty (180) days of notification by the Town of Wappinger. (e) Upon cessation of activity of a constructed Solar Energy System for a period of one (1) year, the Town of Wappinger may notify the owner and/or operator of the Solar Energy System to implement the decommissioning plan. Within one hundred and eighty (180) days of notice being served, the owner and/or operator can either restore the operation equal to eighty percent (80%) of the approved capacity or implement the decommissioning plan. (f) If the owner and/or operator fails to fully implement the decommissioning plan within the one -hundred and eighty (180) day time period, the Town of Wappinger may, at its discretion, provide for the restoration of the site in o accordance with the decommissioning plan and may recover all expenses o incurred for such activities from the defaulted owner and/or operator, or v LU from the performance bond or letter of credit. All unreimbursed or uncovered costs incurred by the Town of Wappinger shall be assessed against the property, shall become a lien and tax upon the property, and shall be enforced and collected with interest by the same officer and in the same manner as other taxes. C d E 12 ¢ (g) The owner and/or operator shall implement the decommissioning plan, and remove and dispose of all Solar Energy System components, in compliance with all applicable rules and regulations, including the regulations of the New York State Department of Environmental Conservation. Large -Scale Solar Energy Systems. Large -Scale Solar Energy Systems, as defined previously in this Section, are not permitted uses under the provisions of the Town of Wappinger Town Code. Enforcement. Any violation of this Section shall be subject to the same civil and criminal penalties provided for in the Town of Wappinger Code, a fee for the removal of the Stop Work Order as set by Town Board Resolution, as the same may from time to time be amended. K. Ownership Changes. If the owner and/or operator of the Solar Energy System changes or the owner of the property changes, Site Plan Approval shall remain in effect, provided that the successor owner and/or operator assumes in writing all the obligations of the decommissioning plan. A new owner and/or operator of the Solar Energy System shall notify the Building Inspector/Code Enforcement Officer of such change in ownership or operator within thirty (30) days of the ownership change. Section 3: Severability. If any part or provision of this local law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law, or the application thereof to other persons or circumstances, and the Town Board of the Town of Wappinger hereby declares that it would have passed this local law or the remainder thereof had such invalid application or invalid provision been apparent. Section 4: Effective Date. This local law shall take effect immediately upon filing in the Office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Dated: .2026 BY THE ORDER OF THE TOWN BOARD J i TOWN OF WAPPINGER o 13 Q