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2016-126 2016-126 Resolution Authorizing Supervisor To Enter Into A Memorandum Of Understanding In Connection With The War Memorial Located In Schlathaus Park 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 March 28, 2016. The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being called, the following was recorded: ✓Vote Record-Resolution RES-2016-126 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑ El Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Beale. WHEREAS, the Town of Wappinger owns the Town of Wappinger War Memorial Statue (hereinafter the "Statue") located in Schlathaus Park at the intersection of Myers Corners Road and All Angels Hill Road; and WHEREAS, the Statue was donated by the Parsons family in conjunction with numerous donations made by others; and WHEREAS, the Statue requires annual maintenance and treatment to protect it from the elements and to keep it in proper form and order; and WHEREAS, the Rotary Club previously caused the formation of the Town of Wappinger War Memorial Trust Fund (hereinafter "Trust Fund"), a 501 (c) Charitable Trust; and WHEREAS, the Rotary Club solicited donations to the Trust Fund for the purposes of providing the perpetual maintenance to the Statue; and WHEREAS, the Trust Funds are to be used for the perpetual maintenance, care, improvement and repair of the Statue, including its base; and WHEREAS, the Rotary Club agrees to utilize the funds generated from the Trust Fund for the continuous maintenance, repair and improvement of the Statue, including its base and surrounding paved patio; and WHEREAS, the Rotary Club will coordinate with the Town the annual maintenance needs required for the Statue as well as any other required and necessary expenses for the ordinary maintenance and upkeep of the Statue, including its base and paved patio, except for capital improvements, which will be undertaken by the Town; and WHEREAS, the Town will provide routine inspections of the Statue at least twice a year and will notify the Rotary Club of any maintenance needs and will promptly notify the Rotary Club if there are any dangerous or other conditions requiring immediate corrective work. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board Members each have read the Memorandum of Understanding and hereby understands and agrees to the terms and conditions contained therein. 3. The Town Board hereby authorizes the Town Supervisor, Lori A. Jiava, to execute the Memorandum of Understanding by and on behalf of the Town in substantially the form attached hereto. The Town Board further authorizes the Attorney to the Town to negotiate any further amendments to the Memorandum of Understanding as deemed appropriate and necessary. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Dated: Wappingers Falls, New York 3/28/2016 The Resolution is hereby duly declared Adopted. JOS P P. PAOLONI, TOWN CLERK i