2015-117 2015-117
Resolution Authorizing Agreement To Study Property
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls,New York, on April 27,
2015.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called,the following was recorded:
=Vote Record-Resolution RES-2015-117
Q Adopted Yes/Aye I No/Nay j „Abstain Absent
❑ Adopted as Amended Barbara Gutzler
____ Voter _ Q �W ❑ ❑ 1 ❑
William H.Beale Seconder Q ............_}..................._❑........ f................._ ..................... ❑
❑ Defeated ...............................................................................................................................................,................................._. ...........................................
❑ Tabled ..Vincent Bettina Voter...........<.....................Z....................... ❑ ❑ i ❑
..................£............................................................................................
❑ Withdrawn Ismay Czarniecki Mover Q ❑ ❑ ❑
......... .... ......... ..
Michael Kuzmicz Voter Q ❑ ( ❑ f ❑
The following Resolution was introduced by Councilman Czarniecki and seconded by
Councilman Beale.
WHEREAS, an owner of a parcel of real property in the Town of Wappinger has
expressed a willingness to donate a portion of its property to the Town of Wappinger for
recreational purposes; and
WHEREAS, in order to evaluate the usefulness of the donation to the Town of
Wappinger, a study of the property needs to be conducted by the Town; and
WHEREAS,the prospective donor has requested that the Town of Wappinger hold it
harmless against any claims that might be incurred as a result of a study of the property; and
WHEREAS,the location of the property and the identity of the owner is not disclosed
because public discussion of the proposed acquisition may substantially affect the value of the
property and public disclosure is not required by the Open Meetings Law(Public Officers Law §
105(1)(h)).
NOW, THEREFORE,BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby authorizes the Engineer to the Town,the Attorney to the
Town and any other necessary Town Officers, or its agents,to study the property offered for
donation to determine its suitability for use by the Town.
3. The Town Board agrees to indemnify and hold harmless the potential donor from
any claims that result from the agents of the Town entering onto the property and conducting the
study.
4. The Town Board authorizes the Attorney to the Town to finalize the letter
agreement with the potential donor which grants the Town the right to enter onto the property to
conduct a study and in return the Town indemnifies and holds harmless the potential donor and
further authorizes the Supervisor to execute such letter agreement on behalf of the Town.
The Supervisor and the Attorney to the Town are further authorized and directed to take
whatever steps are reasonable and necessary to implement the provisions of this
Resolution.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ismay Czarnecki, Councilwoman
SECONDER: William H. Beale, Councilman
AYES: Gutzler, Beale, Bettina, Czarnecki, Kuzmicz
Dated: Wappingers Falls,New York
4/27/2015
The Res o ion is hereby duly declared Adopted.
J SEPH P. PAOLONI, TOWN CLERK