2007-0982007-98
Resolution Determining that Usage Charge Not Due from Sports Museum Due to Lack of
Public Access
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 May 29th,
2007.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
William H. Beale
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy (arrived at 8:21 PM)
The following Resolution was introduced by Councilman Beale and seconded by
Councilwoman McCarthy.
WHEREAS, the Town of Wappinger is the owner of a dormitory building located upon
the Carnwath Estate; and
LW WHEREAS, the Town of Wappinger entered into the "Revocable License Agreement
for the Sports Museum of Dutchess County" dated April 11 th, 2005 (hereinafter the License),
with the Sports Museum of Dutchess County (hereinafter the Sports Museum); and
WHEREAS, paragraph 3 of the License requires the Sports Museum to pay a monthly
usage charge of $500.00 for its use of the dormitory building and paragraph 14 of the License
requires the Town to provide Public Access to the dormitory building; and
WHEREAS, a State of Emergency was declared with respect to Carnwath Estate on
January 27th, 2007, because of structural defects in the Mansion and the Carriage house and said
defects created a potential for items falling from the Mansion onto pedestrians in the area
therefore public access to Carnwath Estate was denied; and
WHEREAS, public access to the Sports Museum was denied during the months of
February, March and April 2007; and
WHEREAS, the State of Emergency has been lifted and public access has been restored
to the Sports Museum.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board determines that no
monthly usage charge is due from the Sports Museum, pursuant to the terms of the License, for
the months of February, March and April 2007 due to the lack of public access to the dormitory
building.
BE IT FURTHER RESOLVED, that the Town Clerk is directed to transmit a copy of
this duly executed resolution to the Sports Museum.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
Dated: Wappingers Falls, New York
5/29/2007
The Resolution is hereby duly declared adopted.
J C. MA ERSON, TOWN CLERK