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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 ❑ Withdrawn Ismay Czarniecki Mover Q ❑ ❑ ❑ .........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