| Town of Beekman Resolutions from November 2, 2009 meeting. Go
to - RESOLUTION 11:02:09 - 1 Authorizing
Prepayment of Monthly MVP Health Insurance Premiums RESOLUTION 11:02:09 - 1 Authorizing Prepayment of Monthly MVP Health Insurance Premiums Councilman Daniel French offers the following and moves its adoption: WHEREAS, the Town has been notified of a change to the payment terms of the monthly MVP premium invoices; and WHEREAS, town board approval of vouchers may not coincide with the due dates of premiums, which could result in the termination of coverage; now therefore be it RESOLVED, that the Town Board hereby authorizes the Comptroller to submit payment of the MVP health insurance premiums by the first of the month; and be it further RESOLVED, that said prepayment will be accounted for in the abstract following the prepayment for audit by the Town Board. Seconded Councilman Werner Stiegler ROLL CALL VOTE:
RESOLUTION 11:02:09 - 2 Resolving Dickson Litigation
WHEREAS, The Town Board subsequently determined that activities on the property were inconsistent with the terms of the special use permit and authorized the Attorney to the Town to take appropriate legal action; and WHEREAS, on January 5, 2007 the Town commenced an action in Dutchess County Supreme Court for an injunction and its motion for summary judgment was successful when Hon. James V. Brands by Decision & Judgment dated November 5, 2008 granted the Town judgment and dismissed each of the Defendants’ counterclaims; and WHEREAS, the landowner subsequently filed an appeal to the Appellate Division of the Supreme Court and prior to full submission to that court, the parties participated in its Civil Appeals Management Program which encouraged and facilitated a settlement of the litigation; and WHEREAS, as required by this settlement, the landowner has returned to the Planning Board ; has provided details of her businesses and their operations and has submitted a site plan addressing the same; and WHEREAS, the Planning Board has suggested modifications; has proposed conditions and notes to said site plan and reported the same to the Town Board; and WHEREAS, the landowner has also agreed to reimburse the Town for the expenses of its planning and engineering consultants in this endeavor; and WHEREAS, it is our opinion as well as that of the Attorney to the Town that it is preferable to settle this matter on terms of our own agreement rather than face the uncertain result of an appellate decision; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. that for purposes of SEQRA, being the exclusive agency for the settlement of town litigation, the Town Board is the lead agency in this matter and determines this matter to be a Type II action; 2. that the special use permit and site plan as amended by the accompanying schedule of conditions and notes is approved and the Supervisor is authorized to execute such approval on presentation of a final plan incorporating those conditions and notes and upon reimbursement of the aforesaid consultant expenses; and 3. that the Supervisor be authorized to execute such further stipulations consistent with this resolution and as approved by the Attorney to the Town as may be required to formally discontinue this litigation in the courts and to obtain a court order confirming the same.
ROLL CALL VOTE: Dated: November 2, 2009 RESOLUTION 11:02:09 - 3 To Release Maintenance Bond Victoria Drive Supervisor John Adams offers the following and moves its adoption: WHEREAS, the road known as Victoria Drive was accepted as a Town Highway on November 3, 2008; and WHEREAS, there remains a bond in the amount of $167,500.00 which was retained as a maintenance bond as an assurance against defect or failure of said road and with the stipulation that the Highway Superintendent and the Town Engineer shall inspect the road for damages that may occur over the winter of 2008-2009; and WHEREAS, the Highway Superintendent and the Town Engineer did inspect the road and have not found any deterioration to any part of Victoria Drive over the course of this past winter and recommend that the maintenance bond be returned to the applicant; now therefore be it RESOLVED, that the Town Board hereby approves the return of the bond in the amount of $167,500.00 to the applicant. Seconded Councilwoman Barbara Zulauf
RESOLUTION 11:02:09 - 4 Authorizing Entertainment for the Snowflake Spectacular Holiday Event
WHEREAS, funding for this event was included in the 2009 budget; now therefore be it RESOLVED, that the Supervisor is hereby authorized to enter into a contract with the following vendor for the 2009 Snowflake Spectacular:
Seconded Councilman Thomas Kinsley ROLL CALL VOTE: Dated: November 2, 2009
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