02/14/2005 RGM - Town of Wappinger

TOWN OF WAPPINGER
TOWN COUNCIL
SUPERVISOR
VINCENT BETTINA
JOSEPH RUGGIERO
MAUREEN McCARTHY
JOSEPH P PAOlONI
ROBERT C VALDATI
SUPERVISOR S OFFICE
20 MIDDlEBUSH ROAD
WAPPINGERS FAllS NY 12590 0324
845 297 2744
845 297 4558
FAX
Monday February
7 30pm
14 2005
Wappinger Town
Hall
AGENDA
Call to Order
Roll Call Salnte to
Public
Flag
Hearing
Suspension
ofRules for Public Comment
on
Agenda Items
Discussions
Phase 3A
North
Special Legislation to
Remove Certain Parcels
Wappinger Water District Extensions
County Sports Museum License
Dutchess
Resolutions
for Reese Park Restrooms
2005 19
Resolution
Authorizing Bid
2005 20
Resolution
2005 21
Resolution
Authorizing Change OrderNo 3 for 99 2R 7E
Authorizing Escrow Refund for Arby s Restaurant
2005 22
2005 24
Resolution Authorizing Rental Rates for Composting Materials for
Resolution Authorizing Bond for New Vehicles
Resolution Adopting Road Names
2005 25
Resolution
2005 26
Resolution
2005 23
Authorizing Grant Application for Master Plan
Authorizing License for Dutchess County Sports
New Business Comments
Executive Session
MOD for CSEA
Adjournment
Agreement Negotiations
Highway
Museum
02 142005 WS
The
Workshop Meeting of the
Town of Wappinger
2005 at the Town Hall 20 Middlebush Road
Supervisor Ruggiero opened the meeting
was
held
on
Wappingers Falls
at 7 30 p
14
February
New York
m
Present
Joseph Ruggiero Supervisor
Robert Valdati Councilman
Vincent Bettina Councilman
I
Maureen
McCarthy Councilwoman
Joseph Paoloni Councilman
Gloria J Morse Town Clerk
Others Present
Jay Paggi Engineer to the Town
Al Roberts Attorney to the Town
Graham Foster Highway Superintendent
SUSPENSION OF RULES FOR PUBLIC COMMENT ON AGENDA
ITEMS
Councilman Bettina moved to
comment
on
agenda
items
suspend the rules for purposes of public
second
by Councilwoman McCarthy and
unanimously carried
DISCUSSIONS
Phase 3A
Special Legislation
to Remove Certain Parcels
Ruggiero explained because certain
areas
Supervisor
would be better served
by
f
t
septic rather than by
from
a
sewer
special legislation
system
It
Albany to remove those parcels from the district
this year and
signed by the Governor
announced this involved 10
parcels
Hopewell Road and All Angels
which
was
the main home The other
He went
Subdivision
formally
remove
prepared
an
on
these 10
parcel
to
was
sought
passed
Attorney AI Roberts
at the intersection of Old
Hill Road
subdivided into several
was
on
the north east
building lots plus
was
a
quadrant
larger parcel for
part of the Meadowood
explain what steps would be
parcels from
Mr
the district
outline of the refunds each
parcel
was
calendar years 2003 and 2004 and the amount is
necessary to
Terwilliger
entitled to for
approximately
26 000 in refunds
North
L
Wappinger Water District
the Town
Extensions
explained that several months
Cindy Lane
in
Quiet Acres noticed
contacted the water
a
ago
was
tied into
house but
a
a
resident
living
sizable leak in his back
to
on
yard
He
department and when they shut off his curb valve
nothing happened They found that there
that
Jay Paggi Engineer
water main
on
was a
service connection
Cindy Lane It
was
not
serving his
extending through his property without benefit of
1
0214 2005 WS
serving
easements
Mr
Paggi
was
the north side of New Hackensack Road
on
asked to prepare
situation
He
estimated
project
were
lot
a
explained what
amortized
a
it would entail to
cost would total
over
plan and report
map
service of approximately
most efficient way to
Valdati said he had received
requesting consideration
come
It is his
28 per year
provide
perform the work The
approximately
twenty years it would
to correct the
200 000
out to
an
opinion that this
to connect his trailer
park
marginal
potable
are
source
even
consider
Mr
quantity and quality before the
connecting the trailer park
to town water
to send letter to Mr Rawls to demonstrate needs
Dutchess
County Sports Museum License
over
Museum limited
Al Roberts
the license agreement that would
to utilize
privileges
dormitory at Carnwath
He
a
be
a
Attorney to the
give the Sports
portion of the first floor of the
explained that
a
lease would
interest in the property itself and the license is
privilege to use
existing
Paggi announced that
Engineer
Town went
merely
a
give them
an
limited
portion of the property Their monthly rental would
500 per month
J
have many residents in the
of water
Mr Rawls would need to prove water
town could
Mr
to town water
contaminated and this
a
is the
correspondence from Bob Rawls
town whose wells
park has
bond
water service to the homes involved
we
trailer
a
annual debt
Supervisor Ruggiero explained that
are
If
J
Discussion followed
RESOLUTION NO 2005 019
RESOLUTION AWARDING BID REESE PARK REST ROOMS
The
following Resolution
seconded
was
introduced
by Councilman Valdati and
by Councilman Bettina
WHEREAS bids
Kosakowsi
were
opened
on
January
18 2005
and reviewed
by Sandy
Deputy Town Clerk of the Town of Wappinger for the installation
of restrooms at Reese Park and
WHEREAS bids
were
received
as
follows
Daniel A Budd
Excavating and Contracting
Colonial Building Excavation
HB Wiltse Excavating Inc
Marquise Construction Corp
40 000
TDT Inc
72 598
WHEREAS
an
Joseph Stankavage of Paggi
41 750
45 662
54 215
Martin and DelBene has
provided
award recommendation to the Town Board
NOW THEREFORE BE IT RESOLVED
1
The recitations above set forth
fully
set forth and
are
adopted herein
2
incorporated in this Resolution
as
if
J
021142005 WS
The Contract for the restrooms at Reese
2
Daniel A Budd
exceed
Excavating and Contracting for
L
execute said Contract
The
on
is
Joseph
to the Town Board
to
behalf of the Town of Wappinger
Joseph Ruggiero Supervisor
follows
as
Aye
Aye
Aye
Aye
Aye
Voting
Voting
Voting
Voting
Voting
Robert Valdati Councilman
Vincent Bettina Councilman
Maureen McCarthy Councilwoman
Paoloni Councilman
The Resolution is
to
amount not to
hereby authorized and directed
foregoing was put to a vote which resulted
Joseph
an
20 2005 from
January
Stankavage of Paggi Martin and DelBene
Supervisor Joseph Ruggiero
hereby awarded
40 000 00 in accordance with the
Forty Thousand Dollars
award recommendation letter dated
3
is
park
hereby duly declared adopted
RESOLUTION NO 2005 20
RESOLUTION AUTHORIZING CHANGE ORDER NO 3 FOR
WAPPINGER WATER IMPROVEMENT CONTRACT 99 2 R
The
following Resolution
seconded
by Councilman Paoloni and
introduced
by Councilwoman McCarthy
WHEREAS the
t
was
recommended
Engineers
to the Town
The recitations above set forth
fully
2
set forth and
The Town Board
are
approves
completion Change Order No
as
if
reasons
E
3 to
electrical installation in the
2 R
amount of Three Thousand One Hundred
Joseph
in this Resolution
adopted herein
hereby
3 131 18 for the
system
follows
as
incorporated
Wappinger Water Improvement 99
2005 from
Wappinger Water
2 R for installation of new electrical control
NOW THEREFORE BE IT RESOLVED
1
3 for
approval for Change Order No
Improvement 99
DelBene have
Paggi Martin
Thirty One and
set forth in the letter dated
Stankavage ofPaggi
Martin
18 100
February
2
DelBene to the
Town Board
The
foregoing was put to
a
vote which resulted
Robert Valdati Councilman
Vincent Bettina Councilman
t
Maureen
McCarthy Councilwoman
Joseph Paoloni Councilman
The Resolution is hereby
follows
Voting
Voting
Voting
Voting
Voting
Joseph Ruggiero Supervisor
Y
as
Aye
Aye
Aye
Aye
Aye
duly declared adopted
RESOLUTION NO 2005 21
RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FOR
ARBYS RESTAURANT 1258 ROUTE 9
3
02 142005 WS
following Resolution
The
seconded
was
introduced
by Councilman Paoloni and
by Councilwoman McCarthy
WHEREAS
on or
about December 15 2004
Wappingers Food Services Inc
deposited Three Thousand Six Hundred Twenty Five Dollars and 00 100
3 625 00 with the Town of Wappinger for
WHEREAS Vincent Bruno has
Thousand Six Hundred
been
requested
a
and
escrow
refund in the amount of Three
Twenty Five Dollars and 00 100
3 625 00
approved by Tatiana Lukianoff Zoning Administrator
and has
to the Town of
J
Wappinger
NOW THEREFORE BE IT RESOLVED
1
The recitations above set forth
fully
2
set forth and
follows
incorporated
in this Resolution
as
if
adopted herein
Payment is approved in the
Twenty Five and
are
as
100
00
amount of Three Thousand Six Hundred
dollars
Wappingers Food Services Inc
refund of the unused
escrow
3 625 00 made
payable
to
Account number 02 03056 for the
deposited for the property located
at
Arby s Restaurant 1258 Route 9
The
foregoing
was
put to a
vote which resulted
Joseph Ruggiero Supervisor
Vincent Bettina Councilman
McCarthy Councilwoman
Joseph Paoloni Councilman
The Resolution is
follows
Voting
Voting
Voting
Voting
Voting
Robert Valdati Councilman
Maureen
as
Aye
Aye
Aye
Aye
Aye
j
hereby duly declared adopted
RESOLUTION NO 2005 22
RESOLUTION TO AUTHORIZE RENTAL RATES FOR THE
HIGHWAY DEPARTMENT
The
following Resolution
seconded
was
introduced
by Councilman Valdati and
by Councilwoman McCarthy
WHEREAS
Highway Superintendent Graham Foster has submitted rental
rates to the Town Board of various compo sting
WHEREAS the rental rates
Item
Grinder
are as
equipment and
follows
Rate
Grapple
325 BL Cat Excavator
Company
12 250 per week
Stump
1 000 per day
3 000 per week
Stump n Wood Recycling Co
n
Wood
Recycling Co
11 000 per month
Bandit 3680 Beast
Recycler
2 000 per day
9 250 per week
36 000 per month
4
Stump
n
Wood
Recycling Co
j
0214 2005 WS
Morbark Model 1000
2 400 per day
12 000 per week
Tub Grinder
Stump
n
Wood
Recycling Co
Stump
n
Wood
Recycling Co
47 000 per month
4 000 per
Cat 325BL Beast 3680
day
Morbark 1000 Tub
NOW THEREFORE BE IT RESOLVED
r
1
The recitation above set forth
fully
set forth and
are
Department
are
as
Item
Grinder
follows
incorporated
in this Resolution
as
if
adopted herein
The authorized rental rates for
2
as
equipment for the Highway
follows
Rate
Grapple
325 BL Cat Excavator
Company
12 250 per week
Stump
n
Wood
Recycling Co
1 000 per day
3 000 per week
Stump
n
Wood
Recycling Co
Stump
n
Wood
Recycling Co
Stump
n
Wood
Recycling Co
Stump
n
Wood
Recycling Co
11 000 per month
Bandit 3680 Beast
2 000 per day
9 250 per week
Recycler
36 000 per month
Morbark Model 1000
2 400 per day
12 000 per week
Tub Grinder
47 000 per month
4 000 per
Cat 325BL Beast 3680
day
Morbark 1000 Tub
The
foregoing was put
to
a
vote which resulted
Joseph Ruggiero Supervisor
Vincent Bettina Councilman
McCarthy Councilwoman
Joseph Paoloni Councilman
The Resolution is
follows
Aye
Aye
Aye
Aye
Aye
Voting
Voting
Voting
Voting
Voting
Robert Valdati Councilman
Maureen
as
hereby duly declared adopted
RESOLUTION NO 2005 023
RESOLUTION AUTHORIZING THE ISSUANCE OF
123 000 SERIAL
BONDS OF THE TOWN OF WAPPINGER DUTCHESS COUNTY NEW
YORK TO PAY THE COST OF THE PURCHASE OF VEHICLES FOR
USE BY VARIOUS DEPARTMENTS IN AND FOR SAID TOWN
r
L
The
following Resolution
moved its
was
offered
by Councilwoman McCarthy who
adoption seconded by Councilman Paoloni
WHEREAS all conditions
hereinafter described
Environmental
precedent
to the
financing of the capital project
including compliance with the provisions of the State
Quality Review Act have been performed and
5
021142005 WS
WHEREAS it is
now
desired to authorize the
financing of such capital
project NOW THEREFORE BE IT FURTHER RESOLVED by the Town
Board of the Town of Wappinger Dutchess
Section 1
For the
specific object
purposes of paying the cost of the
various
County New York
or
class of objects
or
purpose
follows
as
or
purchase of vehicles for use by
Departments in and for the Town of Wappinger Dutchess
County New York there
are
hereby authorized
to issued
serial bonds of the Town of Wappinger Dutchess
to the
pursuant
J
123 000
County New York
provisions of the Local Finance Law apportioned
as
follows
a
For the
purchase of passenger vehicles having
of less than ten persons to
one
or
year
more
or
in the
or
are
b
hereby authorized
a
class of objects
to be issued
case
of police
including in each
more
incidental expenses in connection therewith
estimated cost of 70 000
seating capacity
replace similar vehicles which have
been in service for three years
vehicles in service for
a
having
or
a
case
maximum
purposes there
70 000 serial bonds
For the
purchase of
the
by the Recreation Department for construction and
use
a new
dump truck with plow and sander for
maintenance purposes which truck costs in
including incidental
are
Section 2
hereby authorized
It is
53 000
a
specific object
to be issued
35 000
having
or
a
J
purpose
53 000 serial bonds
hereby determined that the aggregate maximum
estimated cost of the aforesaid class of objects
and that the
of
expenses in connection therewith
maximum estimated cost of
there
excess
or
purposes is
123 000
plan for the financing thereof is by the issuance of the
123 000 serial bonds authorized to be issued
pursuant
to the
provisions of this bond resolution apportioned according
to the
maximum estimated cost of each of the aforesaid classes of objects
or
purposes
Section 3
It is
hereby determined
usefulness of the aforesaid
a
a
that the
period of probable
purchase of vehicles described in paragraph
of Section 1 above is three years pursuant to subdivision 77 of
paragraph
a
of Section 11 00 of the Local Finance Law and b that the
period of probable usefulness of the aforesaid purchase of the dump
truck described in
pursuant
paragraph
b of Section 1 above is fifteen years
to subdivision 28 of paragraph
Finance Law
maturity of
It is
a
of Section 11 00 of the Local
hereby further determined that the
the serial bonds herein authorized for the
6
maximum
purchase of the
J
0214 2005 WS
dump
truck described in
b of Section 1 above is limited to
paragraph
five years
Section 4
Subject to the provisions of
the Local Finance Law the
power to authorize the issuance of and to sell bond
in
anticipation of the
anticipation
notes
issuance and sale of the serial bonds herein
authorized
including renewals of such
Supervisor
the chief fiscal officer
notes is
hereby delegated
to the
f
r
L
Such notes shall be of such terms
form and contents and shall be sold in such
prescribed by said Supervisor
may be
manner as
provisions of the
consistent with the
Local Finance Law
The faith and credit of said Town of Wappinger Dutchess
Section 5
County New York
the
are
hereby irrevocably pledged for the payment of
principal of and interest
become due and
on
An annual
payable
each year sufficient to pay the
becoming due and payable
on
such bonds
principal of and
in such year
interest
on
such bonds
shall be made in
interest
There shall
as
a
the
respectively
same
appropriation
all the taxable real property of said Town
principal of and
the
as
on
such bonds
annually be levied
tax sufficient to pay the
same
become due and
payable
Such bonds shall be in
Section 6
I
signed
York
in the
name
fully registered form
of the Town of Wappinger Dutchess
by the manual
or
facsimile
County New
signature of the Supervisor and
facsimile of its corporate seal shall be
and may be attested
and shall be
by the manual
imprinted
or
facsimile
or
a
impressed thereon
signature of the
Town
Clerk
The powers and duties of
Section 7
advertising such bonds for sale
conducting the sale and awarding the bonds
the
hereby delegated
to
Supervisor who shall advertise such bonds for sale conduct the
sale and award the bonds in such
the interests of said Town
these
delegated
applicable
manner as
provided
powers he shall
however that in the exercise of
or
Supervisor shall be
who shall not be
a
full
obliged
see
to the
The
to the
acquittance
to
the
rule of the State
to the sale of municipal bonds
1
he shall deem best for
comply fully with
Local Finance Law and any order
l
are
provisions of the
Comptroller
receipt of the
purchaser of such bonds
application of the purchase
money
Section 8
such bonds
All other matters
except
as
provided herein relating
including determining whether
substantially level
or
to issue such bonds
declining annual debt service and all
7
to
having
matters
021142005 WS
related thereto
prescribing whether manual
shall appear
said bonds
on
facsimile
or
prescribing the method for the recording of
ownership of said bonds appointing the fiscal agent
bonds
signatures
agents for said
or
providing for the printing and delivery of said bonds and if
said bonds
are
to be executed in the
name
of the Town
by facsimile
signature of the Supervisor providing for the manual countersignature
of fiscal agent
or
designated official of the Town
of a
denominations maturities and interest
of payment and also
shall be determined
is to the financial
payment
dates
place
or
places
J
including the consolidation with other issues
by the Supervisor It
advantage of the
the Local Finance Law
no
such
or
impose
it
and collect from
mailing
exchanged by the fiscal
to paragraph
c
charges shall be
Such bonds shall contain
validity clause provided for in
hereby determined that
any charges for
shipping and insuring bonds transferred
agent and accordingly pursuant
is
Town not to
registered owners of such serial bonds
fiscal agent
the date
of Section 70 00 of
collected
so
by the
substantially the recital of
section 52 00 of the Local Finance Law
and shall otherwise be in such form and contain such recitals in
addition to those
as
the
required by section
Supervisor shall determine
Section 9
as
specified
expected
J
This resolution shall constitute statement of official
intent for purposes of Treasury
than
52 00 of the Local Finance Law
in this resolution
to be reserved
set aside with
respect
allocated
to the
2
Regulations Section 1 150
no
monies
on a
are
or are
long term basis
Other
reasonably
or
otherwise
permanent funding of the object
or
purpose described herein
Section 10
The
validity of such bonds and bond anticipation
may be contested
1
only if
Such
obligations
are
authorized for
for which said Town is not authorized to
2
The
an
action
commenced within
3
an
expend
object
money
or
purpose
or
provisions oflaw which should be complied with
the date of publication of this resolution
with and
notes
Such
suit
or
are
not
at
substantially complied
proceeding contesting such validity is
twenty days after the date of such publication
obligations
are
or
authorized in violation of the
provisions of the Constitution
Section 11
published
This resolution which takes effect
immediately shall be
in full in the Southern Dutchess News and the
Journal the official newspapers
8
together with
a
Poughkeepsie
notice of the Town
j
02 142005 WS
Clerk in
substantially
the form
provided
in Section 8100 of the Local
Finance Law
The
question of adoption of the foregoing resolution
roll call which resulted
as
Voting
Voting
Voting
Voting
Voting
Robert Valdati Councilman
Maureen
Councilman
McCarthy Councilwoman
Joseph Paoloni Councilman
The Resolution
was
on
follows
Joseph Ruggiero Supervisor
Vincent Bettina
duly put to a vote
was
Aye
Aye
Aye
Aye
Aye
thereupon declared duly adopted
RESOLUTION NO 2005 24
RESOLUTION NAMING THE PRIVATE ROADS LOCATED AT THE
PRESERVE TOWNHOUSES
The
following Resolution
seconded
was
introduced
by Councilwoman McCarthy and
by Councilman Bettina
WHEREAS in order to
comply with the Dutchess County Enhanced 911
program the Town must
Response
name
public and private
roads within the
town and
WHEREAS James
addressing
r
I
Tompkins from the Dutchess County Enhanced
unit has contacted the Fire
Mark Liebermann in reference to
Inspector
formally
constructed in the Preserve Townhouses
to the Town of Wappinger
name
the roads
Berry
The
development
recently
development
NOW THEREFORE BE IT RESOLVED that the
the Preserve Townhouses
911
are
private
hereby named
roads located in
Doe Trail and
Lane for all purposes
foregoing was put
to
a
vote which resulted
Joseph Ruggiero Supervisor
Vincent Bettina Councilman
McCarthy Councilwoman
Joseph Paoloni Councilman
The Resolution is
follows
Voting
Voting
Voting
Voting
Voting
Robert Valdati Councilman
Maureen
as
Aye
Aye
Aye
Aye
Aye
hereby duly declared adopted
RESOLUTION NO 2005 25
RESOLUTION AUTHORIZING THE TOWN OF WAPPINGER TO
SUBMIT A 2005
I
QUALITY COMMUNITIES GRANT APPLICATION
TO ASSIST COSTS ASSOCIATED WITH THE DEVELOPMENT OF
THE TOWN WIDE MASTER PLAN
The
following Resolution was introduced by Councilman
seconded
by Councilwoman McCarthy
9
Valdati and
02114 2005 WS
WHEREAS the Town Board of the Town of Wappinger will submit to the
Department of State
NYS
funds
an
application for 2005 Quality Communities grant
and
requested funding will be used
WHEREAS
to assist the costs associated with
completing the Master Plan and allow the Town
to
to hire
develop and implement strategic planning tasks
a
qualified consultant
necessary to
complete the
J
Master Plan and
WHEREAS the
Supervisor
authorization from the
of the Town of Wappinger has
Wappinger Town Board
to file
a
requested
grant application
to
Department of State
the NYS
NOW THEREFORE BE IT RESOLVED that Hon
Joseph Ruggiero
Supervisor of the Town of Wappinger is hereby authorized and directed
file the said grant
and execute
a
application
to the NYS
Department of State and
to
enter into
project agreement with the NYS Department of State should
financial assistance be granted to the Town of Wappinger
The
foregoing was put to
a
vote which resulted
Joseph Ruggiero Supervisor
Vincent Bettina Councilman
McCarthy Councilwoman
Joseph Paoloni Councilman
The Resolution is
follows
Voting
Voting
Voting
Voting
Voting
Robert Valdati Councilman
Maureen
as
Aye
Aye
Aye
Aye
Aye
J
hereby duly declared adopted
RESOLUTION NO 2005 26
RESOLUTION GRANTING A REVOCABLE LICENSE
TO THE SPORTS MUSEUM OF DUTCHESS COUNTY
The
following Resolution
seconded
was
introduced
by Councilwoman McCarthy
WHEREAS the Town of Wappinger
Wheeler Hill Road within the Town
Estate
by Councilman Bettina and
owns a
99 5
acre
commonly known
estate located
as
on
the Carnwath
and
WHEREAS the Estate contains
a
number of buildings
including
a
very
large dormitory building previously used and occupied by the Greystone
Programs
and
WHEREAS the
approximately
uses
dormitory building is
a
four story
building and contains
10 000 square feet of interior space suitable for multitude of
including general office administrative storage large
sufficient size for interior recreational purposes
displays
museum
purposes and other
large
rooms
rooms
of
suitable for
governmental quasi governmental and
charitable purposes and
10
j
02 142005 WS
dormitory building
WHEREAS the
any
for
governmental
use
or
vacant and is not needed for
presently
purposes and is otherwise available
quasi governmental
by a third party and
WHEREAS the
Sports
Museum of Dutchess
Town Board to rent
permission from the
for the purposes of conducting
L
is
sports
a
a
County has requested
portion of the dormitory building
museum
for the purposes of
displaying
sports artifacts and memorabilia of Dutchess County athletes and athletic
events and
WHEREAS the Town Board
authorize the
for
a
sports
use
which
which the Carnwath Estate
WHEREAS the
the
use
is consistent with the
interest to
public
uses
Estate
and purposes for
originally purchased and
was
to be
proposed portion of the dormitory building
Sports Museum of Dutchess County is
governmental
it is in the
portion of the dormitory building at Carnwath
of a
museum
hereby determines
occupied by
not otherwise needed for other
purposes of the Town of Wappinger and
WHEREAS the Town of Wappinger wishes to enter into
Revocable License
a
Agreement with Sports Museum of Dutchess County in substantially
same
form
as
the
attached hereto and
WHEREAS the Town Board determines that the enactment of this
t
Resolution is
a
Type
II action
defined in 6 NYCRR 617 5 and
as
hereby expressly
determines that this action is not
review
to the
Quality
Review Act
Town of Wappinger
or
pursuant
pursuant
to
Chapter
as
The recitations above set forth
are
Resolution
2
as
117 of the Code of the
if fully set forth and
follows
incorporated
hereby authorizes and grants
license to
Museum of Dutchess
Sports
in this
adopted herein
The Town Board
County
a
revocable
to
use
the Carnwath Estate for the purposes of conducting
museum
Dutchess
I
and
displaying sports artifacts
County athletes and athletic
the Revocable License
3
are
as
and memorabilia of
events in accordance with
agreement
by delivering by mail or personal service
Museum at its business address of P O Box 7
New York 12602
sports
follows
the Town may terminate the license
notice
a
portions of
Agreement attached hereto
The terms of the license
a
requires
action that
to 6 NYCRR Part 617
NOW THEREFORE BE IT RESOLVED
1
an
provisions of the New York State Environmental
SEQRA
or
117
accordingly the Town Board
of the Code of the Town of Wappinger and
pursuant
Chapter
or
at such other
11
place
as
upon 30
to the
days
Sports
Poughkeepsie
may be
designated
02 142005 WS
in
writing by the Sports Museum
or
at the space
occupied by
it at the Carnwath Estate
b the
Sports Museum will restore andor repair
costs and expense any
damage
Carnwath Estate occasioned
to the license
pursuant
c
or
at its
disturbance to the
by the
use
of the property
agreement
all activities shall be open to all members of the
any fees
if any
charged for any activities
by the Town Board
activity
d the
or
own
public and
must be
approved
J
in advance of collecting any fees for such
program
Sports Museum shall take
out and maintain
life of this license agreement such
during the
liability and property
damage insurance that shall protect the Town from claims
for
as
damages for personal injury including accidental death
well
as
for claims for property
damage which
may arise
from any activities conducted pursuant to the license
agreement
and the amounts of such insurance shall be
single limit policy in the
for
amount of at least
a
1 million dollars
bodily injury and property damage liability claims public
liability insurance blanket contractual liability broad form
and fire
property damage liability
shall also
name
the Town
as an
legal liability such policy
J
additional insured in said
policy
e
the
Sports Museum shall indemnify and otherwise reimburse
the Town for any and all
property
or
damages
or
injuries to any real
personal property of the Town that
directly or indirectly from the negligence
of the
Sports Museum
agents employees
or
f the Sports Museum
its officers
acts
may arise
or
members contractors
invitees
agrees to defend
indemnify and
harmless the Town from any and all suits actions
of action of every kind nature and
against the Town for
damages received
from the
or
omissions
or on
or causes
description brought
account of any
sustained
save
injuries
by any party
or
or
parties by
or
negligence of the Sports Museum its officers
members contractors agents
g the revocable license
Museum to
use
the
employees
or
invitees
agreement shall authorize the Sports
portion of the dormitory building
described in Schedule
I
12
in the attached Revocable License
j
02 142005 WS
Agreement for the
purposes of conducting
a
sports
museum
displaying sports artifacts and memorabilia of Dutchess
County athletes and athletic
The Town Board
4
authorized and
events
expressly determines that the revocable license
granted herein
conveyance of real
a
is not
b
is not intended to
a
property
f
the exclusive
to be
displayed
or
subject
is
c
of the
use
grant
or
convey to the
Sports
building in which the sports
Museum
museum
is
located
to
grants
conveyances easements and
right of
ways heretofore made to others and
d
subject
is
to the
the Town
rights which
hereby
reserves
of the Town to
use
1
and
enjoy the lands
property
within the boundaries of the
to be used in any
manner
that does not
unreasonably interfere with the license granted
Sports
Museum and
grant and
11
to others
convey easements
over
across
Supervisor Joseph Ruggiero
is
execute the Revocable License
and
or
right of ways and
Museum
hereby authorized and directed
Agreement between
6
substantially the
same
form
as
to
the Town of
Wappinger and Sports Museum of Dutchess County
Town in
uses
through the lands within
by the Sports
the lands to be used
5
to the
on
behalf of the
attached hereto
The Town Board determines that the enactment of this Resolution is
Type
II action
as
defined in 6 NYCRR 617 5 and
Code of the Town of Wappinger and
Chapter
accordingly the
hereby expressly determines that this action
is not
117 of the
Town Board
an
action that
requires review pursuant to the provisions of the New York State
Environmental
Quality Review
Act
SEQRA
117 of the Code of the Town of Wappinger
or
or
pursuant to Chapter
pursuant to 6 NYCRR
Part 617
The
L
foregoing was put to
a
vote which resulted
follows
Voting
Voting
Voting
Voting
Voting
Joseph Ruggiero Supervisor
Robert Valdati Councilman
Vincent Bettina Councilman
Maureen McCarthy Councilwoman
Joseph Paoloni Councilman
The Resolution is
as
hereby duly declared adopted
NEW BUSINESS COMMENTS
13
Aye
Aye
Aye
Aye
Aye
a
021142005 WS
Councilman Valdati
Cservak Inter
questioned the enforcement Zoning Ordinances for
City Tire and Five Star Motors
Mr Roberts
Attorney to the
Town felt these issues should be discussed in Executive Session
Valdati wanted to make
sure
all
Councilman
zoning is being enforced equally
Councilman Paoloni wished to have
some
update
the traffic circle
on
meeting
Supervisor Ruggiero attended for 376 New Hackensack and All Angels Hill
Road
Supervisor Ruggiero answered
DOT and there
was
nothing
ambulances at
a
was
meeting with the State
on
this
J
happy with the professionalism
they responded with
was aware
two
recent incidence
the State of the Town Address and
on
very
noting that he
Supervisor Ruggiero announced that
Firefighters
a
yet but he would follow up
Councilman Bettina stated that he
of our ambulance service
that he had
this
At this time 8 22 p
on
we
February 28th he will be delivering
will be
honoring TransCare and
our
evening
m
Session to confer with
Councilman Bettina moved to go into Executive
Attorney regarding MOD for CSEA Agreements
Negotiations seconded by Councilman Paoloni and unanimously carried
The
meeting reconvened
There
was no
m
with all board members in attendance
action taken at Executive Session
Councilwoman
McCarthy moved
Councilman Bettina and
The
at 9 05 p
to close the
meeting seconded by
unanimously carried
meeting adjourned at 9 05
p
J
m
v
r
i
0
Gloria J
Town
J
A
M9l
CIM
se
f
J
14