Town of Beekman Resolutions from March 21, 2005 meeting.

Go to - RESOLUTION 3:21:05 - 1 To Award Truck Bids
Go to - RESOLUTION 3:21:05 - 2 Lease Agreement for Truck Purchase
Go to - RESOLUTION 3:21:05 - 3 To Authorize Settlement of Lawsuit
Go to - RESOLUTION 3:21:05 - 4 Enactment of Local Law No. 3 of 2005 “Cash Deposits in Lieu of Reservation of Recreation Lands”
Go to - RESOLUTION 3:21:05 - 5 To Accept Proposal for Flush and Video of Dover Ridge Sewer System (Inflow and Infiltration Study)
Go to - RESOLUTION 3:21:05 - 6 Authorizing the Fire District to Use Town Hall Parking Lot for Training
Go to - RESOLUTION 3:21:05 - 7
To Request NYS DOT to Authorize a Speed Reduction on South Greenhaven Road From Route 216 to the Conrail Railroad Tracks (County Portion of South Greenhaven Road)
Go to - RESOLUTION 3:21:05 - 8
To Request NYS DOT to Authorize a Speed Reduction on South Greenhaven Road From Conrail Railroad Tracks to the East Fishkill Town Line (Town Portion of South Greenhaven Road)
Go to - RESOLUTION 3:21:05 - 9
Authorizing NYS DOT to Use Town Hall Parking Lot As Inspection Site
Go to - RESOLUTION 3:21:05 - 10
To Set Bond for Poughquag Country Acres
Go to - RESOLUTION 3:21:05 - 11
Hiring of Independent Consultants For Personal Wireless Service Towers Project
Go to - RESOLUTION 3:21:05 - 12
Authorizing the Supervisor to Initiate the Termination of the Contract Between the Association for Senior Citizens and the Town of Beekman
Go to - RESOLUTION 3:21:05 - 13
Naming of “Lyndsey Lane”
Go to - RESOLUTION 3:21:05 - 14
To Authorize Comptroller to Attend Conference
Go to - RESOLUTION 3:21:05 - 15
Authorizing Attendance at Code Enforcement Conference

 

RESOLUTION 3:21:05 - 1 RE: To Award Truck Bids

Councilman Daniel French offers the following and moves its adoption:

WHEREAS, the Town Clerk was authorized to seek bids for two (2) new trucks to be used by the Maintenance Department and the Building Inspector/Zoning Code Enforcer; and

WHEREAS, bids were received, opened and read publicly on March 7, 2005; now therefore be it

RESOLVED, that bids are hereby awarded as follows:

Maintenance Department: Ford F250, 8,800 GVW, 4 wheel drive pick up, diesel fuel

Fairport Ford at $25,596.00

Building/Zoning: Ford F250, 8,800 GVW, 4 wheel drive pick up, gas fuel

Fairport Ford at $21,323.00

Seconded Councilman Thomas Kinsley

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

Dated: March 21, 2005

 

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RESOLUTION 3:21:05 - 2 RE: Lease Agreement for Truck Purchase

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, the financing of two new trucks to be used by the Maintenance Department and the Building Inspector/Zoning Code Enforcer and awarded to Fairport Ford will be through a tax exempt municipal lease enabling the Town to own the vehicles at inception of the lease term as well as spread the payments over five years; and

WHEREAS, the first year payment has been included in the 2005 budget; and

WHEREAS, proposals for financing were solicited and received from seven banks or financial institutions; now therefore be it

RESOLVED, that the Town Board hereby accepts the proposal from M & T Bank at a five (5) year annual rate of 4.250%; and be it further

RESOLVED, that the Supervisor is hereby authorized to execute the attached Municipal Lease Purchase Agreement with M & T Bank.

Seconded Supervisor John D. Adams

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


March 21, 2005

 

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RESOLUTION 3:21:05 - 3 RE: To Authorize Settlement of Lawsuit


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


WHEREAS, there is still pending an action in the United States District Court for the Southern District Court for the Southern District of New York by Kirk Denton and Virginia M. Ward and against the Town of Beekman for damages allegedly suffered as a result of the enforcement of a “facilities policy” by past members of the Town Board; and

WHEREAS, after various motions, discovery proceedings and other legal procedures, the parties, on the advice of their respective counsel, have reached an agreement of settlement; and

WHEREAS, Counsel retained by the Town’s insurance carrier has provided the accompanying Stipulation of Settlement whereby the Plaintiffs and their Counsel will receive $50,000.00 – part from insurance proceeds and the Town to pay $10,000.00 thereof; and

WHEREAS, the Town and the individual Defendants will also receive general releases executed by the Plaintiffs; now therefore be it

RESOLVED, that the Town Board of the Town of Beekman approves said settlement and authorizes and directs the Town Supervisor to execute said Stipulation and attendant documents on behalf of the Town of Beekman and to make the payment provided in connection therewith.


Seconded Councilman Thomas Kinsley


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


Dated: March 21, 2005

 

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RESOLUTION 3:21:05 - 4 RE: Enactment of Local Law No. 3 of 2005 “Cash Deposits in Lieu of Reservation of Recreation Lands”

Councilman Thomas Kinsley offers the following and moves its adoption:

WHEREAS, the Town Board has duly held a public hearing on amending the CODE OF THE TOWN OF BEEKMAN to increase the cash deposit required in lieu of a park or recreation area from $2,000 to $4,000 for each buildable lot approved by the Planning Board; and

WHEREAS, the Town Board has considered all comments made at said public hearing; now therefore be it

RESOLVED, that the Town Board of the Town of Beekman hereby authorizes and approves Local Law No. 3 of 2005 amending Chapter 75, Article I, Cash Deposits in Lieu of Reservation of Recreation Lands, of the CODE OF THE TOWN OF BEEKMAN to increase the cash deposit fee from $2,000 to $4,000; and be it further

RESOLVED, that the Town Supervisor be and hereby is authorized to take all steps necessary to implement this resolution, including the filing of certified copies of this Local Law in the offices of the Beekman Town Clerk and the New York Secretary of State; and be it further

RESOLVED, that this Local Law shall take effective immediately upon its filing with the 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 absent
Supervisor John D. Adams aye


Dated: March 21, 2005

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RESOLUTION 3:21:05 - 5 RE: To Accept Proposal for Flush and Video of Dover Ridge Sewer System (Inflow and Infiltration Study)


Councilman Daniel French offers the following and moves its adoption:


WHEREAS, the rehabilitation of the Dover Ridge wastewater treatment plant project is currently in its final stages to fulfill current regulatory mandates to meet discharge standards set by New York State; and

WHEREAS, the Dover Ridge Sewer District is required under New York State law to identify and eliminate inflow (discharge of non-sewer flow from roof leaders, footing drains, sump pump discharges or stormwater runoff) into the sewer system as well as infiltration (migration of groundwater or surface water) into cracked or leaking pipes and manholes; and

WHEREAS, in order to accomplish this task of eliminating the inflow and infiltration from the sewer system before it damages the new wastewater treatment plant, it is necessary to hire a subcontractor to flush and perform a TV video inspection of the sewer lines and manholes; and

WHEREAS, proposals have been sought and received in accordance with the Town’s procurement policy; and

WHEREAS, said proposals were reviewed by Insite Engineering, the project engineers; now therefore be it

RESOLVED, that based upon the recommendation of Insite Engineering, the Town Board hereby authorizes Severn Trent Services to conduct the pipe cleaning and CCTV inspection of the Dover Ridge sewer lines at a cost of $1,800.00 per day in addition to a mobilization and demobilization fee of $750.00 and if needed, conducting spot smoke testing for a total cost not to exceed $15,000.00.


Seconded Councilman Werner Stiegler

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

March 21, 2005

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RESOLUTION 3:21:05 - 6 RE: Authorizing the Fire District to Use Town Hall Parking Lot for Training


Councilman Werner Stiegler offers the following and moves its adoption:


WHEREAS, the Beekman Fire District has requested permission to utilize the Town Hall parking lot for a driving portion of a training class to be held on Saturday, April 30, 2005; and

WHEREAS, the Town Board is desirous in aiding the Fire Department in their efforts to train their volunteers who are so vital to our community; now therefore be it

RESOLVED, that the Town Board hereby grants permission to the Beekman Fire District to conduct their training session in the parking lot of Town Hall.


Seconded Councilman Thomas Kinsley


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


Dated: March 21, 2005

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RESOLUTION 3:21:05 - 7 RE: To Request NYS DOT to Authorize a Speed Reduction on South Greenhaven Road From Route 216 to the Conrail Railroad Tracks (County Portion of South Greenhaven Road)

Councilman Thomas Kinsley offers the following and moves its adoption:


WHEREAS, in order to address the tremendous amount of vehicles traveling at excessive rates of speed on South Greenhaven Road, the Town Board recommends a speed reduction on this roadway; and

WHEREAS, the Town of Beekman and Dutchess County both maintain separate portions of South Greenhaven Road; the portion maintained by the County runs from Route 216 to the Conrail Railroad Tracks and the portion maintained by the Town of Beekman extends from the Conrail Railroad Tracks to the East Fishkill Town Line; now therefore be it

RESOLVED, that the Town Board hereby requests the New York State Department of Transportation to provide the necessary evaluations in order to lower the speed limit to 35 miles per hour on the County’s portion of this road running from Route 216 to the Conrail Railroad Tracks; and be it further

RESOLVED, that the Town Clerk is hereby authorized to complete and submit the required TE-9 application to the Dutchess County Department of Public Works.


Seconded Supervisor John D. Adams


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


Dated: March 21, 2005

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RESOLUTION 3:21:05 - 8 RE: To Request NYS DOT to Authorize a Speed Reduction on South Greenhaven Road From Conrail Railroad Tracks to the East Fishkill Town Line (Town Portion of South Greenhaven Road)

Councilman Daniel French offers the following and moves its adoption:


WHEREAS, South Greenhaven Road is experiencing a tremendous amount of vehicles traveling at excessive rates of speed; and

WHEREAS, the Town Board of the Town of Beekman recommends a speed reduction for this roadway; and

WHEREAS, the Town of Beekman and Dutchess County both maintain separate portions of South Greenhaven Road; the portion maintained by the Town of Beekman extends from the Conrail Tracks to the East Fishkill town line and the portion maintained by the County runs from Route 216 to the Conrail Tracks; now therefore be it

RESOLVED, that the Town Board hereby requests the New York State Department of Transportation to provide the necessary evaluations in order to lower the speed limit to 35 miles per hour on the Town’s portion of this road running from the Conrail Railroad Tracks to the East Fishkill Town Line; and be it further

RESOLVED, that the Town Clerk is hereby authorized to complete and submit the required TE-9 application to the Dutchess County Department of Public Works.

Seconded Supervisor John D. Adams


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


Dated: March 21, 2005

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RESOLUTION 3:21:05 - 9 RE: Authorizing NYS DOT to Use Town Hall Parking Lot As Inspection Site


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


WHEREAS, the New York State Department of Transportation (NYS DOT) in collaboration with the Dutchess County Sheriff’s office has requested the use of the Town Hall parking lot to conduct truck highway safety inspections; and

WHEREAS, it is in the best interest of the safety of our community to have the trucks traveling through our Town inspected for safety violations; and

WHEREAS, the Town Board of the Town of Beekman is willing to enter into a trial agreement whereby inspections will take place no more than once every three months; now therefore be it

RESOLVED, that the Town Board hereby authorizes the Supervisor to enter into a one year trial agreement with the New York State DOT and the Dutchess County Sheriff’s office to utilize the Town Hall parking lot as a truck safety inspection site; and be it further

RESOLVED, that upon completion of this one year agreement, the Town Board will evaluate the feasibility of continuing this agreement.


Seconded Councilman Werner Stiegler

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


Dated: March 21, 2005

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RESOLUTION 3:21:05 - 10 RE: To Set Bond for Poughquag Country Acres

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, Rohde, Soyka & Andrews Consulting Engineers, P.C. has prepared a Performance Bond Estimate dated March 17, 2005 recommending that the bond be set at $295,000.00 for Poughquag Country Acres; and

WHEREAS, the Planning Board adopted a resolution on March 17, 2005 to establish the bond amount as recommended by Rhode, Soyka & Andrews Engineers; now therefore be it

RESOLVED, that the Town Board hereby approves that the bond be set in the amount of $295,000.00 for Poughquag Country Acres and to be furnished by the applicant for filing in the office of the Town Clerk.

Seconded Supervisor John D. Adams


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


Dated: March 21, 2005

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RESOLUTION 3:21:05 - 11 RE: Hiring of Independent Consultants For Personal Wireless Service Towers Project


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

WHEREAS, Cingular Wireless has made an application to the Town of Beekman Planning Board for the proposed construction of two (2) personal wireless service towers in the Town of Beekman; and

WHEREAS, independent consultants are needed to assist the Planning Board in its review of the proposed project; now therefore be it

RESOLVED, pursuant to Article V, Section 155-37 of Town Code, based upon the recommendation of the Beekman Planning Board, the Town Board of the Town of Beekman hereby hires the following independent contractors to assist the Planning Board in its review of the Personal Wireless Service Towers Project:

Michael W. Soyka, P.E. of Rhode, Soyka & Andrews for civil and structural engineering
Arthur Brod, of Planners East, Inc. for guidance in the SEQRA process
Ronald E. Graiff, P.E., Radio Frequency Consulting Engineer

And be it further RESOLVED, that the services of these professional consultants shall be paid for by Cingular Wireless; and be it further

RESOLVED, that each consultant shall submit a voucher for payment of services to be made from the developers escrow.


Seconded Councilman Werner Stiegler


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

Date: March 21, 2005

 

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RESOLUTION 3:21:05 - 12 RE: Authorizing the Supervisor to Initiate the Termination of the Contract Between the Association for Senior Citizens and the Town of Beekman

Councilman Thomas Kinsley offers the following and moves its adoption:


WHEREAS, a contract exists between the Association of Senior Citizens and the Town of Beekman whereby the Association for Senior Citizens, Inc. administers, staffs, and develops programming for a senior social center located at the Beekman Community Center; and

WHEREAS, the Town has allocated $13,306.00 in its 2005 budget for these services; and

WHEREAS, the Town Board of the Town of Beekman is desirous in offering an enhanced program to the Senior Citizens of our community; and

WHEREAS, the Town of Beekman Recreation Department can offer such a program; now therefore be it

RESOLVED, that the Town Board be and hereby authorizes the Supervisor to initiate the termination of the contract between the Association for Senior Citizens and the Town of Beekman; and be it further

RESOLVED, that the Supervisor is hereby authorized to sign any and all documents associated with the termination of said contract.

Seconded Councilman Werner Stiegler


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


Dated: March 21, 2005

 

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RESOLUTION 3:21:05 - 13 RE: Naming of “Lyndsey Lane”


Councilman Daniel French offers the following and moves its adoption:


WHEREAS, it is necessary to name the road located off Beach Road and leading into an eight lot subdivision referred to as the Poughquag Country Acres enabling Emergency 911 vehicles to respond to emergency calls; and

WHEREAS, “Lyndsey Lane” is the name proposed for said road; and

WHEREAS, the proposed name, “Lyndsey Lane”, has been approved by the Beekman Planning Board at their March 17, 2005 meeting as well as the Dutchess County Department of Emergency Response; now therefore be it

RESOLVED, that the name, “Lyndsey Lane” be given to the road in the Poughquag Country Acres subdivision; and be it further

RESOLVED, that Dutchess County 911 be duly notified of this name so that it can be placed in the 911 database.

Seconded Councilman Thomas Kinsley


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


Dated: March 21, 2005

 

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RESOLUTION 3:21:05 - 14 RE: To Authorize Comptroller to Attend Conference

Councilman Werner Stiegler offers the following and moves its adoption:


WHEREAS, the Fifth Annual Town Finance and Management School will be held in Saratoga Springs May 11 to 13, 2005; and

WHEREAS, the Comptroller, William Brady, would like to attend this conference from May 12 to 13; and

WHEREAS, the cost of the conference including one night’s stay of $300.00 is included in the 2005 budget; now therefore be it

RESOLVED, that William Brady is hereby authorized to attend the Town Finance Management School.

Seconded Supervisor John D. Adams


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

Dated: March 21, 2005

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RESOLUTION 3:21:05 - 15 RE: Authorizing Attendance at Code Enforcement Conference

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


WHEREAS, the 18th Annual Hudson Valley Code Enforcement Officials Educational Conference will be held April 20-22 in Poughkeepsie; and

WHEREAS, the cost of $180.00 is included in the 2005 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 Thomas Kinsley


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


Dated: March 21, 2005

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