Loading...
2005-026RESOLUTION NO. 2005- 0. RESOLUTION GRANTING A REVOCABLE LICENSE TO THE SPORTS MUSEUM OF DUTCHESS COUNTY 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 the day of February, 2005, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Council Members ABSENT: - Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Mr. Bettina and seconded by Ms. McCarthy r WHEREAS, the Town of Wappinger owns a 99.5 acre estate located on Wheeler Hill Road within the Town, commonly known as the "Carnwath Estate"; 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 dormitory building is a four story building and contains approximately 10,000 square feet of interior space suitable for multitude of uses including general office, administrative, storage, large rooms of sufficient size for interior recreational purposes, large rooms suitable for displays/museum purposes and other governmental, quasi -governmental and charitable purposes; and 1 OAWappinger\Town Board\RESOLUTION\Carnwath-Sports License.doc WHEREAS, the dormitory building is presently vacant and is not needed for any governmental or quasi -governmental purposes and is otherwise available for use by a third -party; M! WHEREAS, the Sports Museum of Dutchess County has requested permission from the Town Board to rent a portion of the dormitory building for the purposes of conducting a sports museum for the purposes of displaying sports artifacts and memorabilia of Dutchess County athletes and athletic events; and WHEREAS, the Town Board hereby determines it is in the public interest to authorize the use of a portion of the dormitory building at Carnwath Estate for a sports museum, which use is consistent with the uses and purposes for which the Carnwath Estate was originally purchased; and WHEREAS, the proposed portion of the dormitory building to be occupied by the Sports Museum of Dutchess County is not otherwise needed for other governmental purposes of the Town of Wappinger; and WHEREAS, the Town of Wappinger wishes to enter into a Revocable License Agreement with Sports Museum of Dutchess County in substantially the same form as attached hereto; and WHEREAS, the Town Board determines that the enactment of this Resolution is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. 2 O:\Wappinger\Town Board\RESOLUTION\Carnwath-Sports License.doc 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 and grants a revocable license to Sports Museum of Dutchess County to use portions of the Carnwath Estate for the purposes of conducting a sports museum and displaying sports artifacts and memorabilia of Dutchess County athletes and athletic events in accordance with the Revocable License Agreement attached hereto. 3. The terms of the license are as follows: (a) the Town may terminate the license agreement upon 30 days notice by delivering by mail or personal service to the Sports Museum at its business address of P.O. Box 7, Poughkeepsie, New York 12602, or at such other place as may be designated in writing by the Sports Museum or at the space occupied by it at the Carnwath Estate; (b) the Sports Museum will restore and/or repair, at its own costs and expense, any damage or disturbance to the Carnwath Estate occasioned by the use of the property pursuant to the license agreement; (c) all activities shall be open to all members of the public and any fees, if any, charged for any activities must be approved by the Town Board in advance of collecting any fees for such activity or program; (d) the Sports Museum shall take out and maintain during the life of this license agreement such liability and property damage insurance that shall protect the Town from claims for damages for personal injury, including accidental death, 3 O:\Wappinger\Town Board\RESOLUTION\Carnwath-Sports License.doc as 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 a single limit policy in the amount of at least $1 million dollars for bodily injury and property damage liability claims, public liability insurance, blanket contractual liability, broad form property damage liability, and fire legal liability; such policy shall also name the Town as an additional insured in said policy; (e) the Sports Museum shall indemnify and otherwise reimburse the Town for any and all damages or injuries to any real property or personal property of the Town that may arise, directly or indirectly, from the negligence, acts or omissions of the Sports Museum, its officers, members, contractors, agents, employees or invitees; (f) the Sports Museum agrees to defend, indemnify and save harmless the Town from any and all suits, actions or causes of action of every kind, nature and description brought against the Town for or on account of any injuries or damages received or sustained by any party or parties by or from the negligence of the Sports Museum, its officers, members, contractors, agents, employees or invitees; (g) the revocable license agreement shall authorize the Sports Museum to use the portion of the dormitory building described in Schedule "1" in the attached Revocable License Agreement for the purposes of conducting a sports museum displaying sports artifacts and memorabilia of Dutchess County athletes and athletic events. 4 O:\Wappinger\Town Board\RESOLUTION\Carnwath-Sports License.doc 4. The Town Board expressly determines that the revocable license authorized and granted herein: (a) is not a conveyance of real property; (b) is not intended to grant or convey to the Sports Museum the exclusive use of the building in which the sports museum is to be displayed or located; (c) is subject to grants, conveyances, easements and right of ways heretofor made to others; and (d) is subject to the rights, which the Town hereby reserves, of the Town to: i. use and enjoy the lands within the boundaries of the property to be used in any manner that does not unreasonably interfere with the license granted to the Sports Museum; and ii. grant and convey easements or right of ways and uses to others, over, across and through the lands within the lands to be used by the Sports Museum. 5. Supervisor Joseph Ruggiero is hereby authorized and directed to execute the Revocable License Agreement between the Town of Wappinger and Sports Museum of Dutchess County on behalf of the Town in substantially the same form as attached hereto. 6. The Town Board determines that the enactment of this Resolution is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. 5 O:\Wappinger\Town Board\RESOLUTION\Carnwath-Sports License.doc SII �M-p The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting ROBERT L. VALDATI, Councilman Voting VINCENT F. BETTINA, Councilman Voting JOSEPH P. PAOLONI, Councilman Voting MAUREEN MCCARTHY, Councilwoman Voting Dated: Wappingers Falls, New York February fes, 2005 Aye Ave Ave Aye Aye The Resolution is hereby duly declared adopted. 6 0AWappinger\Town Board\RESOLUTION\Carnwath-Sports License.doc 02/14/2005.WS WHEREAS, the Town Board of the Town of Wappinger will submit to the NYS Department of State an application for 2005 Quality Communities grant funds; and WHEREAS, requested funding will be used to assist the costs associated with completing the Master Plan and allow the Town to hire a qualified consultant to develop and implement strategic planning tasks necessary to complete the Master Plan; and WHEREAS, the Supervisor of the Town of Wappinger has requested authorization from the Wappinger Town Board to file a grant application to the NYS Department of State. NOW, THEREFORE, BE IT RESOLVED, that Hon. Joseph Ruggiero, Supervisor of the Town of Wappinger, is hereby authorized and directed to file the said grant application to the NYS Department of State and enter into and execute a 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 as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Eouncilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2005-26 RESOLUTION GRANTING A REVOCABLE LICENSE TO THE SPORTS MUSEUM OF DUTCHESS COUNTY The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the Town of Wappinger owns a 99.5 acreestate located on Wheeler Hill Road within the Town, commonly known as the "Carnwath Estate'; 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 dormitory building is a four story building and contains approximately 10,000 square feet of interior space suitable for multitude of uses including general office, administrative, storage, large rooms of sufficient size for interior recreational purposes, large rooms suitable for displays/museum purposes and other governmental, quasi -governmental and charitable purposes; and 10 w D _L Nn 02/14/2005.WS WHEREAS, the dormitory building is presently vacant and is not needed for any governmental or quasi -governmental purposes and is otherwise available for use by a third -party; and WHEREAS, the Sports Museum of Dutchess County has requested permission from the Town Board to rent a portion of the dormitory building for the purposes of conducting a sports museum for the purposes of displaying sports artifacts and memorabilia of Dutchess County athletes and athletic events; and WHEREAS, the Town Board hereby determines it is in the public interest to authorize the use of a portion of the dormitory building at Carnwath Estate for a sports museum, which use is consistent with the uses and purposes for which the Carnwath Estate was originally purchased; and WHEREAS, the proposed portion of the dormitory building to be occupied by the Sports Museum of Dutchess County is not otherwise needed for other governmental purposes of the Town of Wappinger; and WHEREAS, the Town of Wappinger wishes to enter into a Revocable License Agreement with Sports Museum of Dutchess County in substantially the same form as attached hereto; and WHEREAS, the Town Board determines that the enactment of this Resolution is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. 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 and grants a revocable license to Sports Museum of Dutchess County to use portions of the Carnwath Estate for the purposes of conducting a sports museum and displaying sports artifacts and memorabilia of Dutchess County athletes and athletic events in accordance with the Revocable License Agreement attached hereto. 3. The terms of the license are as follows: (a) the Town may terminate the license agreement upon 30 days notice by delivering by mail or personal service to the Sports Museum at its business address of P.O. Box 7, Poughkeepsie, New York 12602, or at such other place as may be designated 11 02/14/2005.WS in writing by the Sports Museum or at the space occupied by it at the Carnwath Estate; (b) the Sports Museum will restore and/or repair, at its own costs and expense, any damage or disturbance to the Carnwath Estate occasioned by the use of the property pursuant to the license agreement; (c) all activities shall be open to all members of the public and any fees, if any, charged for any activities must be approved by the Town Board in advance of collecting any fees for such activity or program; (d) the Sports Museum shall take out and maintain during the life of this license agreement such liability and property damage insurance that shall protect the Town from claims for damages for personal injury, including accidental death, as 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 a single limit policy in the amount of at least $1 million dollars for bodily injury and property damage liability claims, public liability insurance, blanket contractual liability, broad form property damage liability, and fire legal liability; such policy shall also name the Town as an additional insured in said policy; (e) the Sports Museum shall indemnify and otherwise reimburse the Town for any and all damages or injuries to any real property or personal property of the Town that may arise, directly or indirectly, from the negligence, acts or omissions of the Sports Museum, its officers, members, contractors, agents, employees or invitees; (f) the Sports Museum agrees to defend, indemnify and save harmless the Town from any and all suits, actions or causes of action of every kind, nature and description brought against the Town for or on account of any injuries or damages received or sustained by any party or parties by or from the negligence of the Sports Museum, its officers, members, contractors, agents, employees or invitees; (g) the revocable license agreement shall authorize the Sports Museum to use the portion of the dormitory building described in Schedule "1" in the attached Revocable License 12 W W OW M 02/1412005.WS Agreement for the purposes of conducting a sports museum displaying sports artifacts and memorabilia of Dutchess County athletes and athletic events. 4. The Town Board expressly determines that the revocable license authorized and granted herein: (a) is not a conveyance of real property; (b) is not intended to grant or convey to the Sports Museum the exclusive use of the building in which the sports museum is to be displayed or located; (c) is subject to grants, conveyances, easements and right of ways heretofore made to others; and (d) is subject to the rights, which the Town hereby reserves, of the Town to: i. use and enjoy the lands within the boundaries of the property to be used in any manner that does not unreasonably interfere with the license granted to the Sports Museum; and ii. grant and convey easements or right of ways and uses to others, over, across and through the lands within the lands to be used by the Sports Museum. .. 5. Supervisor Joseph Ruggiero is hereby authorized and directed to execute the Revocable License Agreement between the Town of Wappinger and Sports Museum of Dutchess County on behalf of the Town in substantially the same form as attached hereto. 6. The Town Board determines that the enactment of this Resolution is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye • Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. NEW BUSINESS/COMONTS 13