September 13, 2004
  • RESOLUTION 9:13:04 - 1 Accepting Carol Lane for Dedication As a Town Road
  • RESOLUTION 9:13:04 - 2 Accepting Clove Hollow Road for Dedication As a Town Road
  • RESOLUTION 9:13:04 - 3 Authorizing Court Clerks to Attend Conference
  • RESOLUTION 9:13:04 - 4 Bond Reduction for D’Auria Subdivision (Cameo Farm)
  • RESOLUTION 9:13:04 - 5 To Set Public Hearing on “Littering” Ordinance
  • RESOLUTION 9:13:04 - 6 To Set Bond for Maple Farm Estates
  • RESOLUTION 9:13:04 - 7 Naming of Roads in Plum Court
  • RESOLUTION 9:13:04 - 8 To Set Bond for Plum Court Subdivision
  • RESOLUTION 9:13:04 - 9 Storage Tank Pollution Liability Insurance
  • RESOLUTION 9:13:04 - 10 Authorizing Attendance at Stormwater Conference
  • RESOLUTION 9:13:04 - 11 To Award Bids Dover Ridge Wastewater Treatment Plant Rehabilitation
  • RESOLUTION 9:13:04 - 12 Accepting Washburn Road and Woodin Place For Dedication as Town Roads
  • RESOLUTION 9:13:04 - 13 Authorizing Reimbursement of Lifeguard Certification Fees
  • RESOLUTION 9:13:04 - 14 LITTERING Code
  • RESOLUTION 9:13:04 - 15 RESOLUTION CONCERNING THE COMPENSATION OF GENTILE & TURPEN, P.C. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE AUTHORIZATION AND ISSUANCE OF OBLIGATIONS OF THE Town of Beekman, IN THE COUNTY OF Dutchess, STATE OF NEW YORK AND THE PERFORMANCE OF SPECIAL COUNSEL LEGAL SERVICES BY SAID LAW FIRM
  • RESOLUTION 9:13:04 - 16 A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON THE APPLICATION OF THE DOVER RIDGE SEWER DISTRICT FOR CERTAIN CAPITAL IMPROVEMENTS, AND THE FINANCING THEREOF
RESOLUTION 9:13:04 - 1 RE: Accepting Carol Lane for Dedication As a Town Road

Councilman Thomas Kinsley offers the following and moves its adoption:

WHEREAS, the proposed road known as Carol Lane in the Woodhaven Manor subdivision, has been completed in accordance with the Town of Beekman road specifications; and

WHEREAS, the Town Engineer and the Town Highway Superintendent have recommended the acceptance of the said road; and

WHEREAS, the developer has prepared a deed and other conveyancing documents necessary to convey title to said road to the Town; and

WHEREAS, the Attorney to the Town examined the same and found it to be in good order; and

WHEREAS, it is in the best interests of the town and its residents that said Carol Lane be accepted as a town highway; now therefore be it

RESOLVED, that the road knows as Carol Lane and described in the conveyancing documents provided to the Attorney to the Town be accepted as a Town Highway and that the Highway Superintendent be requested to add said road to the inventory of Town of Beekman highways.

Seconded Councilman Werner Stiegler

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

Dated: September 13, 2004

RESOLUTION 9:13:04 - 2 RE: Accepting Clove Hollow Road for Dedication As a Town Road

Councilwoman Barbara Zulauf offers the following and moves its adoption:

WHEREAS, the proposed road known as Clove Hollow Road in the Donnybrook Fair subdivision, has been completed in accordance with the Town of Beekman road specifications; and

WHEREAS, the Town Engineer and the Town Highway Superintendent have recommended the acceptance of the said road; and

WHEREAS, the developer has prepared a deed and other conveyancing documents necessary to convey title to said road to the Town; and

WHEREAS, the Attorney to the Town examined the same and found it to be in good order; and

WHEREAS, it is in the best interests of the town and its residents that said Clove Hollow Road be accepted as a town highway; now therefore be it

RESOLVED, that the road knows as Clove Hollow Road and described in the conveyancing documents provided to the Attorney to the Town be accepted as a Town Highway and that the Highway Superintendent be requested to add said road to the inventory of Town of Beekman highways.

Seconded Councilwoman Stella Slattery

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

Dated: September 13, 2004

RESOLUTION 9:13:04 - 3 RE: Authorizing Court Clerks to Attend Conference

Councilwoman Barbara Zulauf offers the following and moves its adoption:

WHEREAS, the New York State Association of Magistrate Court Clerks Annual Conference will be held on October 4-6, 2004 in Saratoga Springs, New York; and

WHEREAS, attendance by the Town of Beekman Court Clerks will be beneficial; and

WHEREAS, the cost of $1,334.00 for said conference has been included in the 2004 budget; now therefore be it

RESOLVED, that Justice Clerks, Honora Knox and Judith Merritt, are hereby authorized to attend said conference.

Seconded Supervisor John Adams

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

Dated: September 13, 2004

RESOLUTION 9:13:04 - 4 RE: Bond Reduction for D’Auria Subdivision (Cameo Farm)

Councilwoman Stella Slattery offers the following and moves its adoption:

WHEREAS, the Town Board is authorized to approve reductions in subdivision performance bonds pursuant to §277-9(d) of the Town Law; and

WHEREAS, all of the bonded work in D’Auria Subdivision has been completed and a request has been made by the Applicant for a Performance Bond Reduction; and

WHEREAS, the Town Engineer has inspected the site and has determined that the works for which a reduction has been applied for have been completed in compliance with the approved plans and specifications; and

WHEREAS, the Town Engineer recommends that 10 percent of the bond value on those bonds that are for roads be retained for one year after the dedication of the roads to the Town as a maintenance warranty; and

WHEREAS, at the September 1, 2004 Planning Board Meeting, the Bond Reduction was approved; and

WHEREAS, the Planning Board recommends that the Town Board approve a reduction in the Performance Bonds to the amounts that follow:

Phase I $ 0.00
Phase II $27,500.00
Phase III $20,100.00
Phase IIIA $ 0.00
Phase IV $16,500.00

Now therefore be it RESOLVED, that the Town Board approves the reduction of Performance Bonds as stated above for D’Auria Subdivision (Cameo Farm) and authorizes the applicant to substitute the current bond on file in the office of the Town Clerk with the new amounts of the Performance Bonds.

Seconded Councilwoman Barbara Zulauf

Motion made by Supervisor Adams that no bond will be refunded until the trailer has been removed and this has been verified by our Code Enforcement Officer.

ROLL CALL VOTE: Seconded by Councilman Kinsley
Councilman Werner Stiegler aye
Councilwoman Stella Slattery aye
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: September 13, 2004

RESOLUTION 9:13:04 - 5 RE: To Set Public Hearing on “Littering” Ordinance

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, pursuant to Town Law and Section 10 of the Municipal Home Rule Law the Town Board wishes to establish the attached Litter Law and add it to the Code of the Town of Beekman; now therefore be it

RESOLVED, that a public hearing on said Local Law providing for enactment and enforcement of a Town of Beekman Litter Law be held on the 27th day of September, 2004 at 7:15 o’clock p.m. at the Town of Beekman Community Center, Recreation Center Road, Hopewell Junction, in the Town of Beekman, New York, and that notice of the time and place of such hearing and setting forth the proposed amendment, be published once on or before the 18th day of September, 2004 in the Poughkeepsie Journal, a newspaper circulating in the Town of Beekman; and be it further

RESOLVED, that copies of the proposed Local Law will be available for examination and inspection in the office of the Town Clerk of the Town of Beekman between the hours of 9:00 a.m. and 4:00 p.m. on all business days after September 13, 2004.

Seconded Councilwoman Barbara Zulauf

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

Dated: September 13, 2004

RESOLUTION 9:13:04 - 6 RE: To Set Bond for Maple Farm Estates

Councilman Thomas Kinsley offers the following and moves its adoption:

WHEREAS, Rohde, Soyka and Andrews Engineering has prepared a Performance Bond Estimate dated August 19, 2004, recommending the bond be set in the amount of $110,000.00 for Maple Farm Estates; and

WHEREAS, the Planning Board adopted a resolution on September 1, 2004 to establish the bond amount as recommended by Rhode, Soyka and Andrews Engineering; now therefore be it

RESOLVED, that the Town Board hereby approves that the bond be set in the amount of $110,000.00 for Maple Farm Estates and to be furnished by the applicant for filing in the office of the Town Clerk.

Seconded Supervisor John Adams

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

Dated: September 13, 2004

RESOLUTION 9:13:04 - 7 RE: Naming of Roads in Plum Court

Supervisor John Adams offers the following and moves its adoption:

WHEREAS, it is necessary to name the two roads in the Plum Court Subdivision enabling Emergency 911 vehicles to respond to emergency calls; and

WHEREAS, “Plum Court Drive” is the name proposed for the main road and Tillman Drive” proposed for the cross road; and

WHEREAS, these proposed names have been approved by the Town of Beekman Planning Board and Dutchess County Department of Emergency Response; now therefore be it

RESOLVED, that the name “Plum Court Drive” be given to the main road in the Plum Court Subdivision and the name “Tillman Drive” be hereby assigned to the cross road in the Plum Court Subdivision; and be it further

RESOLVED, that Dutchess County 911 be duly notified of these names so that they can be placed in the 911 database.

Seconded Councilman Werner Stiegler

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

Dated: September 13, 2004

RESOLUTION 9:13:04 - 8 RE: To Set Bond for Plum Court Subdivision

Councilwoman Barbara Zulauf offers the following and moves its adoption:

WHEREAS, Rohde, Soyka and Andrews Engineering has prepared a Performance Bond Estimate dated March 22, 2004, recommending the bond be set in the amount of $866,000.00 for Plum Court Subdivision; and

WHEREAS, the Planning Board adopted a resolution on April 2, 2004 to establish the bond amount as recommended by Rhode, Soyka and Andrews Engineering; now therefore be it

RESOLVED, that the Town Board hereby approves that the bond be set in the amount of $866,000.00 for Plum Court Subdivision and to be furnished by the applicant for filing in the office of the Town Clerk.

Seconded Councilman Thomas Kinsley

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

Dated: September 13, 2004

RESOLUTION 9:13:04 - 9 RE: Storage Tank Pollution Liability Insurance

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, an underground fuel storage tank is located on the grounds of Town Hall; and

WHEREAS, cleanup costs on-site and off-site, ground water remediation and third party losses due to tank leakage is extremely costly; and

WHEREAS, Marshall and Sterling, the Town’s insurance agent, has provided the attached proposal for Storage Tank Pollution Liability Insurance to protect the Town in the event of a loss; and

WHEREAS, the annual premium for said insurance is $350.00 now therefore be it

RESOLVED, that the Supervisor is hereby authorized to sign any and all documents associated with securing a Storage Tank Pollution Liability Policy.

Seconded Supervisor John D. Adams

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

Dated: September 13, 2004

RESOLUTION 9:13:04 - 10 RE: Authorizing Attendance at Stormwater Conference

Councilman Thomas Kinsley offers the following and moves its adoption:

WHEREAS, the Southeast New York Stormwater Conference will be held on November 9, 2004 in Poughkeepsie, New York; and

WHEREAS, the latest information on stormwater management will be made available, which will aid in the Town of Beekman’s stormwater management program; and

WHEREAS, the fee of $55.00 is included in the 2004 budget; now therefore be it

RESOLVED, that the following individuals are hereby authorized to attend the Stormwater Conference:

Neal Townsend – Planner
Neil Martin – Planning Board Chairperson

Seconded Councilman Werner Stiegler

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

Dated: September 13, 2004

RESOLUTION 9:13:04 - 11 RE: To Award Bids Dover Ridge Wastewater Treatment Plant Rehabilitation

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, the Town Clerk was authorized to solicit bids for the construction of the rehabilitation of the Dover Ridge Wastewater Treatment Plant; and

WHEREAS, bids were received, opened and read publicly on August 20, 2004 and reviewed by Insite Engineering, Consulting Engineers for the Dover Ridge Wastewater Treatment Plant Rehabilitation; now therefore be it

RESOLVED, that attached bids are accepted and awarded as follows:

Milnes Co., Inc. $ 948,500.00

And be it further RESOLVED, that work shall not commence until a Notice to Proceed is issued and authorized by the Supervisor of the Town of Beekman.

Seconded Supervisor Thomas Kinsley

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

Dated: September 13, 2004

RESOLUTION 9:13:04 - 12 RE: Accepting Washburn Road and Woodin Place For Dedication as Town Roads

Councilwoman Stella Slattery offers the following and moves its adoption:

WHEREAS, the proposed roads known as Washburn Road and Woodin Place in the Pleasant Ridge subdivision, have been substantially completed in accordance with the Town of Beekman road specifications; and

WHEREAS, the Town Engineer and the Town Highway Superintendent have recommended the acceptance of the said road subject only to the improvement of a crown for which provision has been made; and

WHEREAS, the developer has prepared a deed and other conveyancing documents necessary to convey title to said road to the Town; and

WHEREAS, the Attorney to the Town examined the same and found it to be in good order; and

WHEREAS, it is in the best interests of the town and request of the residents along said roads that said Washburn Road and Woodin Place be accepted as town highways; now therefore be it

RESOLVED, that the roads knows as Washburn Road and Woodin Place and described in the conveyancing documents provided to the Attorney to the Town be accepted as a Town Highway and that the Highway Superintendent be requested to add said road to the inventory of Town of Beekman highways, subject to the following conditions:

THAT $24,000.00 of the remaining bond be retained as a maintenance bond to underwrite the correction of said crown and as an assurance against defect or failure of said roads for a period of one year from acceptance.

Seconded Councilman Thomas Kinsley

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

Dated: September 13, 2004

RESOLUTION 9:13:04 - 13 RE: Authorizing Reimbursement of Lifeguard Certification Fees

Supervisor John D. Adams offers the following and moves its adoption:

WHEREAS, several Town of Beekman lifeguards have successfully completed the Water Safety Instructor (WSI) class and have obtained their WSI Certifications; and

WHEREAS, employment of Water Safety Instructors are required by New York State regulations in order to offer swimming as part of our day camp program; and

WHEREAS, the Recreation Commission has requested the Town Board to approve reimbursement of the certification fees of the following lifeguards who have obtained their WSI certifications in the year 2004 at a cost of $250 each:

John Bronzi Jamie Kanterman
Matt Sullivan Lauren Porcaro

now therefore be it RESOLVED that the Town of Beekman shall hereby reimburse the certification fee of $250.00 to the above individuals.

Seconded Councilman Thomas Kinsley

Motion made by Supervisor Adams to Reimburse fees after two years of service.

Seconded by Councilman Stiegler.

Councilman Stiegler nay
Councilwoman Slattery nay
Councilman Kinsley nay
Councilwoman Zulauf nay
Supervisor Adams aye

Motion made by Councilman Kinsley to reimburse half the fee now and half the following year.
Councilman Stiegler aye
Councilwoman Slattery aye
Councilman Kinsley aye
Councilwoman Zulauf aye
Supervisor Adams aye

ROLL CALL VOTE:
Councilman Werner Stiegler
Councilwoman Stella Slattery
Councilman Thomas Kinsley
Councilwoman Barbara Zulauf
Supervisor John D. Adams

Dated: September 13, 2004

RESOLUTION 9:13:04 - 14 LITTERING

#000-0 Legislative findings.
#000-0 Responsibilities of take out restaurant owners.
#000-0 Enactment and statutory authority
#000-0 Notice of non-compliance
#000-0 Definitions #000-0 Enforcement
#000-0 Prohibited acts #000-0 Penalties for offenses
#000-0 Responsibilities of property owners
#000-0 Notice of offense
#000-0 Distribution of handbills:prohibited acts
#000-0 Collection of fines
#000-0 Separate offenses

__________________________________________________________________________

#000-0 Legislative findings:

It is hereby determined by the Town Board that litter carelessly deposited in the Town is a cause of civic disgrace; that litter is a health, fire and safety hazard and pollutant; and that litter is a matter affecting the public interest and quality of life and consequently should be subject to supervision and administrative control for the purpose of safeguarding the health, safety and general welfare of the people of the Town of Beekman.

#000-0 Enactment and statutory authority:

The Town Board of the Town of Beekman does hereby ordain and enact the Town of Beekman Littering Law pursuant to the authority and provisions of Town Law and Section 10 of the Municipal Home Rule Law.

#000-0 Definitions:

GARBAGE- Any animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or consumption of food.

LITTER- Garbage, refuse, handbills, newspapers and rubbish, as such are defined, and all other waste materials which, if thrown or deposited as herein prohibited, tend to create a danger to the public health, safety and welfare or render the streets, private grounds or public places unsightly, including household waste.

PARK- A park, playground, recreation center or any other public area owned or used by the Town of Beekman or other public entity or government, which is devoted to recreational purposes.

PERSON- Any person, firm, partnership, association, political subdivision, government agency, corporation or organization of any kind.

PRIVATE PROPERTY- Any dwelling, house, building or other structure designated or used, either wholly or in part, for private residential purposes, whether inhabited or not or vacant, and includes any yard, grounds, walks, driveways, porches, or steps belonging to such dwelling, building or other structure.

PUBLIC PLACE- Any and all streets, sidewalks, alleys, or other public ways, and any and all public parks, squares, spaces, grounds and buildings.

PUBLIC STRUCTURE- Any structure or building owned or operated by the Federal, State, County or Town government or governmental agency.

REFUSE- All putrescible solid waste, except body waste, including but not limited to garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles, dismantled automobiles and parts thereof, scrap metal, junk, machinery and solid market and industrial waste.

RUBBISH- All nonputrescible solid wastes, consisting of both combustible and noncombustible wastes such as papers, wrappings, cigarettes, cardboard, tin cans, glass, bedding, crockery, furniture, building materials and other similar materials.

SURFACE WATERS- Any lakes, ponds, reservoirs, streams, springs, rivers, marshes, regulated and unregulated wetlands, and all other perennial bodies of surface water, natural or artificial, public or private.

TAKE-OUT RESTAURANTS- All retail stores which permit off premises consumption of food or beverages.

TOWN- The Town of Beekman, County of Dutchess, State of New York.

TOWN PROPERTY- Real property owned by the Town of Beekman.

VEHICLE- Every vehicle upon or by which and person or property is or may be transported upon a highway, including devices used exclusively upon stationary rails or tracks.

#000-0 Prohibited acts.

A) Littering prohibited. No person shall throw or deposit in or upon and Town property, except in public receptacles or in authorized public receptacles for collection; provided, however, that said public receptacles shall not be used by persons owning or occupying property in the vicinity of said public receptacles for the deposit of domestic, commercial and industrial litter arising from the conduct of said daily activities.

B) Litter thrown from vehicles. No person, while a driver or a passenger in a vehicle, shall throw or deposit litter upon and Town or private property.

C) Litter from trucks. No person shall drive or move any truck or other commercial vehicle unless the vehicle is constructed or loaded as to prevent and litter from being blown or deposited upon any Town or private property.

D) Parks. No person shall throw or deposit litter in any park except in public receptacles and in such a manner as to prevent litter from being carried or deposited by the elements upon any part of the park or upon and street or other public place. Where public receptacles are not provided all litter shall be carried from the park by the person responsible for its presence and shall be properly disposed of elsewhere.

E) Surface Waters. No person shall throw or deposit litter in any Town owned body of water.

F) Private property. No person shall throw or deposit litter on any private property, whether owned by him or not except that the owner or person in control of private property shall maintain private receptacles or collection in such a manner that litter will not be carried or deposited by the elements upon any other public property or upon any other private property.

#000-0

Responsibilities of property owners;

The owner or person in control of any private property shall at all times maintain the premises free of litter. This section shall not be construed to prohibit the storage of litter in private receptacles for collection.

#000-0

Distribution of handbills, prohibited acts;

A) Distribution on Town property. No person shall throw or deposit any commercial or noncommercial handbills in or upon any sidewalk, street or other Town property.

B) Distribution to vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle.

C) Distribution on uninhabited or vacant private property. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private property which is temporarily or continuously unoccupied or vacant.

D) Distribution on inhabited private property. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private property with the Town unless the person distributing such handbill obtains the written consent of the person owning or occupying the property. However, this prohibition shall not apply to the distribution of advertising materials through the mail not to newspapers nor to the distribution of advertising materials by any charitable and/or nonprofit organizations, except that these materials shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public property or upon private property.

#000-0 Responsibilities of take-out restaurant owners.

It is hereby declared to be a duty of the owner or operator of a take-out restaurant, delicatessen or luncheonette to provide not less than one authorized private receptacle for the receipt of trash, litter, paper, napkins, cups and remnants of food and nonfood items at each exit, available to the patrons as they leave the premises.

#000-0 Notice of noncompliance.

A) Notice to owner to remove. The Code Enforcement Officer or his duly designated agent is authorized and empowered to notify the owner of any private premises or vacant land, or the agent of such owner, to dispose properly of litter located on such owner's property, which is dangerous to the public health, safety or welfare. Notice shall be by registered or certified mail, return receipt requested, addressed to said property owner or his agent at his last known address, or served personally upon said owner or his agent.

B) Action upon owner's noncompliance. Upon failure, neglect or refusal of any owner or agent so notified to dispose properly of said litter within 10 days from the receipt of the written notice specified in Subsection A of this section or within 10 days after the date of such notice in the event that it is returned to the Town by the United States Postal Service because of inability to make delivery thereof, provided that the notice was properly addressed to the last known address of the owner or agent, the Code Enforcement Officer or his duly designated agent is authorized and empowered to cite the owner or agent of such owner with a violation of this chapter.

#000-0 Enforcement.

Any Code Enforcement Officer of the Town of Beekman, or any police agency in the Town of Beekman is hereby authorized and empowered to issue or cause to be issued an appearance ticket for any violation of any of the provisions of this chapter, returnable in the Justice Court of the Town of Beekman, or any other court of competent jurisdiction, and to exercise such powers as may be necessary or convenient to carry out and effectuate for purposes and provisions of this chapter.

#000-0 Penalties for offenses.

Any person or persons, associations, firms or corporations who shall violate any of the provisions of this chapter shall be guilty of an offense and shall be punishable of a fine of $500 for the first offense and $750 for the second and any subsequent offenses.

#000-0 Notice of offense.

In the event that a landowner fails to properly dispose of litter on his/her property after being notified to remove the litter as provided in Section #000-0 of this chapter, the Code Enforcement Officer or his duly designated agent shall notify the owner or agent of such owner that he/she has been found to be in violation of this chapter, that a fine has been assessed him/her and the amount of said fine. The notice shall also state that if the said fine is not paid to the Town of Beekman within 30 days of the date of the notification, then the fine will be charged to the property owner on the next regular tax bill. Said notice shall be sent to the owner of the property owner of the property or the agent of such owner by registered or certified mail, return receipt requested, addressed to the last known address or served personally upon said owner or agent.

#000-0 Collection of fines.

Where the full amount of the fine is not paid by the owner within 30 days of the date of the notice of fine as specified in Section #000-0, the Code Enforcement Officer shall certify the amount of the unpaid fine to the Town Receiver of Taxes, who shall cause the amount of the unpaid fine to be charged against said lands. The amount so charged shall constitute a lien on the property and shall remain in full force and effect for the amount of the unpaid fine in principal and interest, plus court costs, if any, for collection until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for collecting of taxes and shall be subject to a delinquent penalty at the same rate as in the case of taxes in the event they are not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. The certification of the Code Enforcement Officer, in accordance with the provisions hereof shall be prima facie evidence that all legal formalties have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible by law.

#000-0 Separate offenses.

Each day's continued violation of this chapter shall constitute a separate, additional offense.

RESOLUTION 9:13:04 - 15 RESOLUTION CONCERNING THE COMPENSATION OF GENTILE & TURPEN, P.C. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE AUTHORIZATION AND ISSUANCE OF OBLIGATIONS OF THE Town of Beekman, IN THE COUNTY OF Dutchess, STATE OF NEW YORK AND THE PERFORMANCE OF SPECIAL COUNSEL LEGAL SERVICES BY SAID LAW FIRM

Supervisor John Adams offers the following and moves its adoption:

WHEREAS, the Town of Beekman in the County of Dutchess, State of New York (the "Town") by resolution desires to appoint and award a contract to Gentile & Turpen, P.C. (the "Professionals"), a law firm recognized to practice law in the State of New York for the performance of legal services in connection with the review, preparation and approval of authorization proceedings for capital improvement obligations in and for the Town and the undertaking of designated special counsel legal services at the request of the Town; and

WHEREAS, the Professionals, at 40 Exchange Place (20th Floor), New York, New York 10005, are qualified in training, experience and reputation to perform such bond counsel legal services, NOW, THEREFORE,

BE IT RESOLVED by the Town Board of the Town of Beekman in the County of Dutchess, State of New York, as follows:

Section 1. The Town Board of the Town hereby designates the Professionals to act as Bond Counsel for the Town and hereby agrees, prior to the issuance of any obligations pursuant to the Local Finance Law of New York that such law firm shall be compensated for professional services rendered in accordance with the Agreement and Schedule of Fees attached hereto and made a part hereof which legal fees and disbursements are hereby authorized. Furthermore, the Town Board hereby designates the Professionals to act as bond counsel for the Town from time to time when specifically directed to perform bond counsel and special legal services in connection with certain matters by appropriate officials of the Town. The Professionals shall be compensated for such special counsel legal services in accordance with the Agreement and Schedule of Fees attached hereto and made a part hereof.

Section 2. The Town Clerk be and is hereby authorized to deliver a certified copy of this resolution to Professionals and such Schedule of Fees shall become effective upon the adoption of this resolution.

Section 3. No appropriation is required for expenditures to be made pursuant to this Resolution for bond counsel services because the appropriations to pay the legal fees and expenses of such Professionals are available therefor or have been or shall be authorized to be borrowed pursuant to the Local Finance Law. Appropriations to pay for special bond counsel legal services rendered and not included in borrowing authorizations will be made as required.

Section 4. This Resolution and the appointment of Professionals is authorized without advertisement for public bids because the professional services to be provided are not a contract subject to the requirements of Section 103 of the General Municipal Law of New York. Furthermore, the members of the Town Board of the Town hereby affirm that each member voting on this resolution has knowledge of Article 18 of the General Municipal Law of New York, including particularly Section 801 thereof and that no prohibited conflict of interest exists on the date hereof.

Section 5. This Resolution shall be take effect at the time and in the manner provided by law.

Seconded Councilman Werner Stiegler

The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
Councilman Werner Stiegler VOTING aye
Councilwoman Stella Slattery VOTING aye
Councilman Thomas Kinsley VOTING aye
Councilwoman Barbara Zulauf VOTING aye
Supervisor John D. Adams VOTING aye

The Supervisor announced that the resolution was adopted and the Town Board then considered other matters.

RESOLUTION 9:13:04 - 16 A RESOLUTION SETTING A DATE FOR A PUBLIC HEARING ON THE APPLICATION OF THE DOVER RIDGE SEWER DISTRICT FOR CERTAIN CAPITAL IMPROVEMENTS, AND THE FINANCING THEREOF.

Councilwoman Stella Slattery offers the following and moves its adoption:
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WHEREAS, the Dover Ridge Sewer District (the "District") was duly created and operates within the Town of Beekman, in the County of Dutchess, State of New York ("Town"), pursuant to the provisions of Article 12-A of the Town Law of the State of New York; and

WHEREAS, the Town Board previously held a public hearing on May 1, 2000, after having given due notice pursuant to applicable law, relating to the proposed improvements to the facilities of the District; and

WHEREAS, applicable New York law requires a public hearing if and when the estimated costs of the proposed improvements are increased and the receipt of an order approving the increased costs estimate from the New York State Comptroller; and

WHEREAS, the Commissioners of the District have determined after the preparation of a plan and estimate of costs prepared by Insite Engineering, Surveying & Landscape Architecture., P.C. that it is necessary to increase and improve the facilities of the District by the construction of sewage pump facilities, septic tanks, treatment units and sewer lines, and including related and necessary appurtenances, machinery, apparatus and improvements at an amended estimated maximum cost of $1,025,000, including $675,000 previously approved estimated maximum costs, in accordance with said General Plan and Section 209-e of the Town Law;

WHEREAS, the Town Board as the Commissioners of the District request that the Town of Beekman make available funds to finance the proposed improvements of the capital facilities of the District by authorizing the issuance of obligations of the Town of Beekman in the aggregate principal amount not to exceed $1,025,000, including $675,000 previously approved obligations, pursuant to the Local Finance Law, and that a sum sufficient to pay the principal of and interest on such obligations, as the same shall become due and payable, shall be assessed, levied and collected from the several lands and parcels of real property within the District in the same manner and at the same time as other Town charges and as prescribed by the Town Law; NOW, THEREFORE

BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF BEEKMAN, IN THE COUNTY OF DUTCHESS, STATE OF NEW YORK, AS FOLLOWS:

Section 1. The Town Board of the Town of Beekman hereby determines that it is necessary for the District which is entirely within the Town to increase and improve the facilities of the District by the construction of sewage pump facilities, septic tanks, treatment units and sewer lines, and including related and necessary appurtenances, machinery, apparatus and improvements at an amended estimated maximum cost of $1,025,000, including $675,000 of costs previously approved.

Section 2. For the purpose of holding a public hearing to consider said capital improvements and to give all persons interested therein an opportunity to be heard, the Town Board of the Town of Beekman, in the County of Dutchess, State of New York ORDERS that the Town Board shall meet in the Community Center, Recreation Center Road, Beekman, New York on the 27th day of September, 2004, at 7:00 o'clock P.M. (Prevailing Time) to hear all persons interested in the subject thereof.

Section 3. The Town Clerk of the Town of Beekman is hereby authorized and directed to publish a notice of the public hearing in the Poughkeepsie Journal, a newspaper circulating in the Town of Beekman and to post a copy of the same on the official bulletin board of the Town of Beekman, Town Hall, 4 Main Street, Poughquag, New York 12570, at the time and in the manner required by law. Such publications and posting shall be not less than ten (10) days nor more than twenty (20) days before the day for said hearing.

Section 4. This resolution shall take effect immediately.

Seconded Barbara Zulauf

The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Councilperson Werner Stiegler VOTING aye
Councilperson Stella Slattery VOTING aye
Councilperson Thomas Kinsley VOTING aye
Councilperson Barbara Zulauf VOTING aye
Supervisor John D. Adams VOTING aye

The resolution was declared adopted by a vote of at least a majority of the voting strength of the Town Board. The Town Board then considered other matters.
 
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