February 27, 2006
  • RESOLUTION 2:27:06 - 1 In Support of the Clean Water/Flood Prevention Act
  • RESOLUTION 2:27:06 - 2 Authorizing Attendance at Code Enforcement Conference
  • RESOLUTION 2:27:06 - 3 Award of Bid for Concrete Block to be used for the Construction of Dugouts
  • RESOLUTION 2:27:06 - 4 Demolition of Town Owned Building on Recreation Center Road
  • RESOLUTION 2:27:06 - 5 In Compliance with New York State Conservation Law - Accessibility of Environmental Impact Statements on the Internet
  • RESOLUTION 2:27:06 - 6 Authorizing Replacement of Lights in Meeting Room
  • RESOLUTION 2:27:06 - 7 A LOCAL LAW IMPOSING A SIX-MONTH MORATORIUM ON PLANNING APPROVALS IN THE POUGHQUAG HAMLET
  • RESOLUTION 2:27:06 - 8 For Enactment of Local Law Imposing a Six-Month Moratorium on Planning Approvals in the Poughquag Hamlet
  • RESOLUTION 2:27:06 - 9 Authorizing Attendance at Recreation & Parks Conference
  • RESOLUTION 2:27:06 - 10 Authorizing Trips Sponsored by Recreation Department
  • RESOLUTION 2:27:06 - 11 To Purchase Skid Steer Loader and Attachments
  • RESOLUTION 2:27:06 - 12 To Authorize Bids for Clean-Up Days
  • RESOLUTION 2:27:06 - 13 Authorizing Attendance at Turfgrass Conference

RESOLUTION 2:27:06 - 1
RE: In Support of the Clean Water/Flood Prevention Act

Councilwoman Barbara Zulauf offers the following and moves its adoption:

WHEREAS, as set forth in the state Freshwater Wetlands Act (Environmental Conservation Law, Art. 24), the “freshwater wetlands of the State of New York are invaluable resources for flood protection, wildlife habitat, open space and water resources;” and

WHEREAS, as set forth in the State Freshwater Wetlands Act (Environmental Conservation Law, Art. 24): Any loss of freshwater wetlands deprives the people of the state of some or all of the many and multiple benefits to be derived from wetlands, to wit:

(a) flood and storm control by the hydrologic absorption and storage capacity of freshwater wetlands;

(b) wildlife habitat by providing breeding, nesting and feeding grounds and cover for many forms of wildlife, wildfowl and shorebirds, including migratory wildfowl and rare species such as the bald eagle and osprey;

(c) protection of subsurface water resources and provision for valuable watersheds and recharging ground water supplies;

(d) recreation by providing areas for hunting, fishing, boating, hiking, bird watching, photography, camping and other uses;

(e) pollution treatment by serving as biological and chemical oxidation basins;

(f) erosion control by serving as sedimentation areas and filtering basins, absorbing silt and organic matter and protecting channels and harbors;

(g) education and scientific research by providing readily accessible outdoor bio-physical laboratories, living classrooms and vast training and education resources; and

(h) open space and aesthetic appreciation by providing often the only remaining open areas along crowded river fronts and coastal Great Lakes regions; and

(i) sources of nutrients in freshwater food cycles and nursery grounds and sanctuaries for freshwater fish; and

WHEREAS, the U.S. Geological Survey estimated that, as of 1980, New York State already had lost 60% of its wetlands; and

WHEREAS, the state Freshwater Wetlands Act protects only wetlands that are 12.4 acres or larger, or those that have been specially designated as being of unusual local importance, and relies on the U.S. Army Corps of Engineers (ACOE) to protect the vast majority of wetlands under 12.4 acres; and

WHEREAS, as a result of changes in federal policy, so-called “isolated” wetlands are no longer afforded federal protection; and

WHEREAS, the 12.4 acre size threshold in current state law coupled with the loss of federal protection for many smaller wetlands has created a regulatory gap, leaving an estimated tens of thousands of wetlands in New York without any regulatory protection; and

WHEREAS, New York is the only state in the Northeast that uses wetland size as a threshold criterion for wetland regulation; and

WHEREAS, the Town Board of the Town of Beekman recognizes the valuable functions freshwater wetlands perform for the Town of Beekman including maintaining water quality, preventing flooding, and providing critical habitat; and

WHEREAS, the Clean Water Protection/Flood Prevention Act (A.2048/S.2081) gives greater protection to New York’s freshwater wetlands by reducing the size threshold for state jurisdiction to one acre and streamlining the wetland mapping process; now therefore be it

RESOLVED, that the Town of Beekman requests that the New York State Legislature enact the Clean Water Protection/Flood Prevention Act (A.2048/S.2081); and be it further

RESOLVED, that a copy of this resolution be sent to State Assemblyman Patrick Manning, State Senator Vincent Leibell, State Senator Joseph Bruno, State Assembly Speaker Sheldon Silver, and Governor George E. Pataki, as well as Senators Schumer and Clinton and Congress member Sue Kelly.

Seconded Supervisor John Adams

ROLL CALL VOTE:
Councilman Werner Stiegler aye
Councilman Daniel French aye
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: February 27, 2006

RESOLUTION 2:27:06 - 2 RE: Authorizing Attendance at Code Enforcement Conference

Councilman Daniel French offers the following and moves its adoption:

WHEREAS, the 19th Annual Hudson Valley Code Enforcement Officials Education Conference will be held in Poughkeepsie on April 19-21, 2006; and

WHEREAS, the cost of $250.00 per person is included in the 2006 budget; now therefore be it

RESOLVED, that Thomas McHugh and Shawn Beresford who are responsible for code enforcement in the Town of Beekman are hereby authorized to attend said conference.

Seconded Councilman Werner Stiegler

ROLL CALL VOTE:
Councilman Werner Stiegler aye
Councilman Daniel French aye
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: February 27, 2006

RESOLUTION 2:27:06 - 3 RE: Award of Bid for Concrete Block to be used for the Construction of Dugouts

Councilman Thomas Kinsley offers the following and moves its adoption:

WHEREAS, the Town Clerk was authorized to seek bids for the purchase of concrete block to be utilized for the construction of six (6) dugouts at the newly constructed fields at Town Center Park; and

WHEREAS, one bid had been received on November 14, 2005 in response to the advertisement from Palumbo Block Co. Inc. and is herewith attached; and

WHEREAS, Palumbo Block Co., Inc. has confirmed that they will honor the price bid on November 14, 2005; now therefore be it

RESOLVED, that the bid for concrete block for the dug out project is hereby awarded to Palumbo Block Co., Inc.; and be it further

RESOLVED, that this expenditure will be made from the SRF Funds (Special Recreation Fund).

Seconded Supervisor John Adams

ROLL CALL VOTE
Councilman Werner Stiegler aye
Councilman Daniel French aye
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: February 27, 2006

RESOLUTION 2:27:06 - 4 RE: Demolition of Town Owned Building on Recreation Center Road

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, on June 22, 2001 the Town of Beekman was deeded a parcel of property, with the buildings and improvements thereon erected, and conveyed on an “as is” basis, located on Recreation Center Road and identified as tax map #6759-03-301064; and

WHEREAS, the building situated on said parcel is a very old house and has been deemed by the town’s Building Inspector to be a safety hazard, and as a result, has condemned this building with the recommendation that it be razed; and

WHEREAS, the Highway Superintendent has offered the services of his department to demolish the building, and therefore, the cost for this project would consist of the rental of an excavator as well as removal fees, including the rental of dumpsters from the State Contract; now therefore be it

RESOLVED, that the Highway Department is hereby authorized to demolish said house and to remove the debris associated with its demolition.

Seconded Councilwoman Barbara Zulauf

ROLL CALL VOTE:
Councilman Werner Stiegler aye
Councilman Daniel French aye
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: February 27, 2006

RESOLUTION 2:27:06 - 5 RE: In Compliance with New York State Conservation Law - Accessibility of Environmental Impact Statements on the Internet

Councilman Daniel French offers the following and moves its adoption:

WHEREAS, an amendment to New York State Environmental Conservation Law has been enacted requiring all environmental impact statements be made available on the Internet; now therefore be it

RESOLVED, that the Town Board of the Town of Beekman hereby directs the Planning Board and Town Planner to notify applicants of their responsibility to post the draft and the final environmental impact statements, as well as the comments thereon, on a publicly-available internet website at no cost to the public; and be it further

RESOLVED, that the applicant provide the Town with a link to said website thereby making environmental impact statements available through the town’s website; and be it further

RESOLVED, that should the applicant be unable to provide a website for the public posting of the environmental impact statement, the applicant would need to furnish the Town with the document in a pdf format and the Town will then post it on our site at a fee of $50 per 100 pages or any part thereof.

Seconded Councilman Thomas Kinsley

ROLL CALL VOTE:
Councilman Werner Stiegler aye
Councilman Daniel French aye
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: February 27, 2006

RESOLUTION 2:27:06 - 6 RE: Authorizing Replacement of Lights in Meeting Room

Supervisor John Adams offers the following and moves its adoption:

WHEREAS, the current fluorescent lighting in the meeting room of town hall has become a concern to the Town Board as this lighting is unshielded, emits poor illumination and the ballasts contain PCB oils, and, therefore, is in need of replacement ; and

WHEREAS, three proposals for the replacement of said lighting have been received and reviewed in accordance with the Town’s Procurement Policy; now therefore be it

RESOLVED, that the Town Board of the Town of Beekman hereby awards the bid for new lighting in the meeting room to Barry Mersand d.b.a. DUCO at a cost of $6,015.00 and according to the attached proposal; and be it further

RESOLVED, that funds for the replacement lighting will come from the Reserve for Building Restoration; and be it further

RESOLVED, that this expenditure is subject to a 30 day permissive referendum as per General Municipal Law Section 6-c.

Seconded Councilman Thomas Kinsley

ROLL CALL VOTE:
Councilman Werner Stiegler aye
Councilman Daniel French aye
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: February 27, 2006

RESOLUTION 2:27:06 - 7 Introduced by:_____________________________________
Dated: ___________________________________________
Placed on desks of Town Board Members _______________

A LOCAL LAW IMPOSING A SIX-MONTH MORATORIUM ON PLANNING APPROVALS IN THE POUGHQUAG HAMLET

Be it enacted by the Town Board of the Town of Beekman as follows:

Section 1. Title

This Local Law shall be referred to as the Local Law Imposing a Six-Month Moratorium on Planning Approvals in the Poughquag Hamlet area.

Section 2. Purpose and Intent

Pursuant to the statutory powers vested in the Town of Beekman to regulate and control land use and to protect the health, safety and welfare of its residents, the Town Board of the Town of Beekman hereby declares a six-month moratorium on development in the Poughquag Hamlet area.

The Poughquag Hamlet is a significant element of the history and culture of the Town of Beekman and is a quiet residential area reflective of the rural character of the community. There has been increased activity in development potential of the few remaining vacant properties in the Hamlet. The Hamlet Code currently allows for increased density that may not be appropriate for all the properties in the Hamlet.

Town government will now embark on a review and adoption of land use controls for the Poughquag Hamlet area to foster sound development consistent with the Master Plan and it is crucial to maintain the status quo during the planning period.

Section 3. Affected Area

The area affected by this legislation is the present PH Poughquag Hamlet Zone as the same is described in the present Zoning Law and depicted on the zoning map of the Town.

Section 4. Scope of Controls

A. During the effective period of this Local Law:
  1. The Town of Beekman Planning Board shall suspend the review of all projects within the PH zone that have not received Preliminary Approval prior to the enactment of this local law. It is the intention of this local law to supersede the default approval provisions of Town Law Sec. 276.
  2. Developers of projects within the Poughquag Hamlet Zone shall be permitted to continue the approval process currently before the Planning Board at their own risk, up to the point of final approval, without any vested rights against the fact that any changes to the Zoning Laws for the Poughquag Hamlet Zone will apply to their projects.
  3. The Town of Beekman Zoning Board of Appeals shall not grant any variance or other permit pertaining to any parcel within the Poughquag Hamlet.
  4. The Building Inspector/Code Enforcement Officer of the Town of Beekman shall not issue any permit pertaining to any parcel within the Poughquag Hamlet unless said parcel has received final subdivision or site plan approval from the Planning Board.
B. The Town Board of the Town of Beekman reserves the right to direct the Town of Beekman Building Inspector/Code Enforcement Officer to revoke or rescind any building permits or certificates of occupancy issued in violation of this Local Law.

Section 5. No Consideration of New Applications

No applications for construction affected by this Local Law or for approvals for a site plan, subdivision, variance, special use permit or other permits within the Poughquag Hamlet shall be considered by any board officer or agency of the Town of Beekman while the moratorium imposed by this Local Law is in effect.

Section 6. Term

The moratorium imposed by this Local Law shall be in effect for a period of six months from the effective date of this Local Law and may by resolution, be extended for one six month period if the Town Board determines that accomplishing the purposes of this local law requires additional time.

Section 7. Penalties

Any person, firm or corporation that shall establish, place, construct, enlarge or alter any building or structure in violation of this local law or shall otherwise violate any of the provisions of this local law shall be guilty of a violation and be subject to the penalties for offenses under Article VIII, Section 155-47 of the Town Code.

A. Such penalties as may otherwise be provided by applicable local laws, ordinances, rules, regulations of the Town of Beekman for violations: and

B. Injunctive relief in favor of the Town of Beekman to cease any and all such actions which conflict with the Local Law and, if necessary, to remove any construction that may have taken place in violation of this law.

Section 8. Validity

The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision.

Section 9. Hardship

A. Should any owner of property affected by this Local Law suffer any unnecessary hardship in the way of carrying out the strict letter of this Local Law, then the owner of said property may apply to the Town Board of the Town of Beekman in writing for a variation from strict compliance with this Local Law upon submission of proof of such unnecessary hardship. For the purposes of this Local Law, unnecessary hardship shall not be the mere delay in being permitted to make an application or waiting for a decision on the application for a variance, special permit, site plan, subdivision or other permit during the period of the moratorium imposed by this Local Law.

B. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a variation of this Local Law, the Town Board shall, within thirty (30) days of receipt of said application, schedule a Public Hearing on said application upon five (5) days written notice in the official newspaper of the Town. At said Public Hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall, within fifteen (15) days of the close of said Public Hearing, render its decision either granting or denying the application for variation from the strict requirements of this Local Law. If the Town Board determines that a property owner will suffer an unnecessary hardship if this Local Law is strictly applied to a particular property, then the Town Board shall vary the application to this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law.

Section 10. Effective Date

This Local law shall take effect immediately when it is filed in the Office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.

RESOLUTION 2:27:06 - 8 RE: For Enactment of Local Law Imposing a Six-Month Moratorium on Planning Approvals in the Poughquag Hamlet

Supervisor John Adams offers the following and moves its adoption:

WHEREAS, a proposed Local Law to impose a six-month moratorium on planning approvals in the Poughquag Hamlet was introduced on December 5, 2005; and

WHEREAS, a public hearing on the proposed Local Law has been duly held before the Town Board on December 19, 2005; now therefore be it

RESOLVED, that said Local Law to be numerated as Local Law # 1 of 2006, be and hereby is enacted by the Town Board of the Town of Beekman; and be it further

RESOLVED, that certified copies of this Local Law be filed immediately in the offices of the Beekman Town Clerk and the New York Secretary of State.

Seconded Councilman Daniel French

ROLL CALL VOTE:
Councilman Werner Stiegler aye
Councilman Daniel French aye
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: February 27, 2006

RESOLUTION 2:27:06 - 9 RE: Authorizing Attendance at Recreation & Parks Conference

Councilman Thomas Kinsley offers the following and moves its adoption:

WHEREAS, the New York State Recreation and Park Society will be holding the 66th Annual Conference & Business Expo in Kerhonkson, New York from April 2 to April 5, 2006; and

WHEREAS, workshops conducted at this conference provide information that will be beneficial to the Town of Beekman’s Recreation Programs; and

WHEREAS, expected cost for the conference including lodging will be approximately, $600.00; and

WHEREAS, funding for this conference was included in the 2006 budget; now therefore be it

RESOLVED, that Town of Beekman’s Recreation Director, Sandra Washburn, is hereby authorized to attend said conference.

Seconded Councilman Werner Stiegler

ROLL CALL VOTE:
Councilman Werner Stiegler aye
Councilman Daniel French aye
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: February 27, 2006

RESOLUTION 2:27:06 - 10 RE: Authorizing Trips Sponsored by Recreation Department

Councilwoman Barbara Zulauf offers the following and moves its adoption:

WHEREAS, the 2006 recreation budget includes funding for the cost of a variety of bus trips for the enjoyment of the community; and

WHEREAS, deposits are required for tickets, shows and meals to guarantee the reservations and for which the Town is reimbursed through ticket sales; now therefore be it

RESOLVED, that payment for the charter of a bus for the following trips is hereby authorized:

May 20, 2006Circle Line Tour & Madame Tussaud’s$813.00
July 30, 2006 Yankee Stadium $749.00
September 23, 2006 Big E Fair $895.00
October 15, 2006 New York City, Broadway Show $815.00
November 4, 2006 Mohegan Sun $895.00
December 10, 2006 New York City, Top of the Rock $813.00
and be it further RESOLVED, that deposits for tickets, shows and meals for the above trips are hereby authorized.

Seconded Councilman Thomas Kinsley

ROLL CALL VOTE:
Councilman Werner Stiegler aye
Councilman Daniel French aye
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: February 27, 2006

RESOLUTION 2:27:06 - 11 RE: To Purchase Skid Steer Loader and Attachments

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, the Highway Superintendent would like to purchase a Skid Steer Loader along with its attachments which will perform a variety of functions necessary for constructing and maintaining our town roadways as well as the town’s developing trail systems; and

WHEREAS, funding for this equipment has been included in the 2006 Highway Budget; and

WHEREAS, said equipment is listed on the State Bid Contract and awarded to Bobcat Company; now therefore be it

RESOLVED, as per General Municipal Law Section 104, the Town Board hereby authorizes the purchase of the S220 Skid-Steer Loader with various attachments as described on the attached quotation from Bobcat Company at a price of $40,379.00.

Seconded Councilman Thomas Kinsley

ROLL CALL VOTE:
Councilman Werner Stiegler aye
Councilman Daniel French aye
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: February 27, 2006

RESOLUTION 2:27:06 - 12 RE: To Authorize Bids for Clean-Up Days

Councilman Daniel French offers the following and moves its adoption:

WHEREAS, the Town Board sees fit to offer the residents the opportunity to dispose of items that cannot be taken to the recycling center or discarded in the general trash; and

WHEREAS, Saturday, May 20 from 8 a.m. to 2:30 p.m. has been designated as Spring Clean-Up Day for 2006, and Saturday, October 14 from 8 a.m. to 2:30 p.m. for Fall Clean-Up Day; and

WHEREAS, participation is solely for Town of Beekman residents who show proof of residency with a valid Driver’s License; and

WHEREAS, NO garbage, hazardous material, brush or building materials will be accepted; and

WHEREAS, the attached fee schedule has been established and is available to the residents in the office of the Town Clerk; now therefore be it

RESOLVED, that the Town Clerk be and hereby is authorized to seek proposals for services for both clean-up days, to ensure the Town receives the best affordable prices.

Seconded Councilman Werner Stiegler

ROLL CALL VOTE:
Councilman Werner Stiegler aye
Councilman Daniel French aye
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: February 27, 2006

RESOLUTION 2:27:06 - 13 RE: Authorizing Attendance at Turfgrass Conference

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, the New York State Turfgrass Associations Southeast Regional Conference will be held on February 27, 2006 in Suffern, New York; and

WHEREAS, said conference will be beneficial for the Town’s maintenance department to attend; and

WHEREAS, the cost of $90.00 per person is included in the 2006 budget; now therefore be it

RESOLVED, that Greg Brown, Todd Buckley and Bernie Wallen are hereby authorized to attend the Turfgrass Conference.

Seconded Councilman Thomas Kinsley

ROLL CALL VOTE:
Councilman Werner Stiegler aye
Councilman Daniel French aye
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: Februrary 27, 2006
 
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