Town of Beekman Resolutions from April 5, 2004 meeting.

Go to - RESOLUTION 4:5:04 - 1 Community Day
Go to - RESOLUTION 4:5:04 - 2 Rescinding Suspension of Assessments and Actions Of the Board of Ethics
Go to - RESOLUTION 4:5:04 - 3 Authorizing Highway Superintendent to Attend Highway School
Go to - RESOLUTION 4:5:04 - 4 To Award Highway Truck Bids
Go to - RESOLUTION 4:5:04 - 5 Hiring of Special Counsel
Go to - RESOLUTION 4:5:04 - 6 Appointment of HMEO
Go to - RESOLUTION 4:5:04 - 7
Authorizing the Hiring of a Seasonal Maintenance Worker (Laborer)
Go to - RESOLUTION 4:5:04 - 8
Proclamation in Support of: “One Nation under God”
Go to - RESOLUTION 4:5:04 - 9
Appointment to the Recreation Commission
Go to - RESOLUTION 4:5:04 - 10
Authorizing Receiver of Taxes to Attend Seminar
Go to - RESOLUTION 4:5:04 - 11
Support for the Elimination of the Sunset Provision of the Local Government Records Management Improvement Fund (LGRMIF) and The Cultural Education Fund (CEF)
Go to - RESOLUTION 4:5:04 - 12
Teamster’s Contract Negotiator
Go to - RESOLUTION 4:5:04 - 13
Change of Employment Status of Building Inspector
Go to - RESOLUTION 4:5:04 - 14
Authorizing Rental of Pool for Lifeguard Training

Go to - RESOLUTION 4:5:04 - 15 Appointment to the Zoning Board of Appeals



RESOLUTION 4:5:04 - 1 RE: Community Day


Councilman Werner Stiegler offers the following and moves its adoption:


WHEREAS, this year’s annual Community Day is scheduled for July 17, 2004; and

WHEREAS, funding for this cultural and historical event is included in the 2004 budget; now therefore be it

RESOLVED, that the Supervisor be and hereby authorized to enter into contracts for the following:

  1. Annual Fireworks Display to be provided by Bay Fireworks at a cost of $2,500.00
  2. 30 X 60 Tent, 75 chairs, 25 8 foot tables to be provided by Grand Rental Station at a cost of $850.00
    including delivery, pickup and setup of tent.
  3. Music to be provided by “Sound Advantage Mobile DJ’s” at a cost of $500.00 for four hours.
  4. Musical performance by “The Saints” at a cost of $500.00 for four hours.
  5. Dutchess County Trolley - $400.00 for 12 hours.


Seconded Supervisor John Adams


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

Dated: April 5, 2004

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RESOLUTION 4:5:04 - 2 RE: Rescinding Suspension of Assessments and Actions Of the Board of Ethics

Councilwoman Barbara Zulauf offers the following and moves its adoption:


WHEREAS, Resolution 01:26:04-30 hereby suspended any assessments, actions and reviews of disclosure statements by the Board of Ethics until such time as an adoption of its process and procedures could take place in accordance with §19-8(F) of the Beekman Town Code; and

WHEREAS, the Board of Ethics has submitted a draft of its “Process and Procedures” to the Town Board members and has been subsequently reviewed by them; now therefore be it

RESOLVED, that the Town Board of the Town of Beekman hereby accepts the Beekman Board of Ethics “Process and Procedures” herewith attached and congratulates them on establishing a well thought-out document; and be it further

RESOLVED, that the suspension of any assessment, actions and reviews of disclosure statements *and the hearing of any complaints by the Ethics Board is hereby rescinded. * Supervisor Adams moves to amend;
Seconded by Councilman Stiegler. All
In favor
Seconded Supervisor John Adams

ROLL CALL VOTE: (as amended)
Councilman Werner Stiegler aye
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye


Dated: April 5, 2004

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RESOLUTION 4:5:04 - 3 RE: Authorizing Highway Superintendent to Attend Highway School


Supervisor John Adams offers the following and moves its adoption:


WHEREAS, the Association of Towns of the State of New York will be holding the 2004 Highway School on June 7 through June 9, 2004 in Ithaca, New York; and

WHEREAS, cost including lodging will be approximately $320.00; and

WHEREAS, funding is included in the 2004 budget; now therefore be it

RESOLVED, that the Highway Superintendent, David Temple, be hereby authorized to attend the Highway School.


Seconded Councilman Thomas Kinsley

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


Dated: April 5, 2004

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RESOLUTION 4:5:04 - 4 RE: To Award Highway Truck Bids


Councilman Werner Stiegler offers the following and moves its adoption:


WHEREAS, the Town Clerk was authorized to solicit bids for the Highway Department for two (2) 17,500 1b. minimum GVW four wheel drive trucks and one (1) 8,800 GVW four wheel drive pick-up; and

WHEREAS, bids were received, opened and read publicly at the office of the Town Clerk on Wednesday, March 17, 2004 and reviewed by the Highway Superintendent; now therefore be it

RESOLVED, that the bids received for two (2) 2004 F-550 4 X 4 trucks are hereby rejected and that the purchase of these two trucks will be made off the New York State contract pricing # PC58421 through Genesee Truck Sales at a price of $30,212.00 each; and be it further

RESOLVED, that the bids for one (1) 2004 F-250 pickup are accepted and awarded as follows:

Brewster Ford - $24,500.00

Seconded Councilman Thomas Kinsley


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


Dated: April 5, 2004

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RESOLUTION 4:5:04 - 5 RE: Hiring of Special Counsel


Councilman Thomas Kinsley offers the following and moves its adoption:


WHEREAS, there are occasions when the Attorney to the Town must recuse himself from representing the Town due to a conflict of interest; and

WHEREAS, the Town requires alternate legal representation during these instances; now therefore be it

RESOLVED, that James M. Fedorchak, Attorney at Law, of Gellert & Quartararo, P.C. be and hereby is retained effective immediately as special counsel to the Town of Beekman respecting such matters at an hourly rate not to exceed $140.00 per hour.


Seconded Councilwoman Barbara Zulauf


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


Dated: April 5, 2004

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RESOLUTION 4:5:04 - 6 RE: Appointment of HMEO


Supervisor John Adams offers the following and moves its adoption:


WHEREAS, the Highway Department requires an additional Heavy Motor Equipment Operator (HMEO) to fill a vacancy on their staff; and

WHEREAS, funds to fill this vacancy have been included in the 2004 highway budget; and

WHEREAS, this position was advertised in the Poughkeepsie Journal with interviews subsequently held by the Highway Superintendent; now therefore be it

RESOLVED, that upon the recommendation of the Highway Superintendent, the Town Board hereby appoints Kevin Cross as a full-time HMEO at an hourly rate commensurate with the HMEO salary established by the Teamster’s Union Contract of $19.58; and be it further

RESOLVED, that Kevin Cross will commence work on April 6, 2004.


Seconded Councilwoman Barbara Zulauf

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


Dated: April 5, 2004

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RESOLUTION 4:5:04 - 7 RE: Authorizing the Hiring of a Seasonal Maintenance Worker (Laborer)


Councilman Werner Stiegler offers the following and moves its adoption:


WHEREAS, the Maintenance Department is in need of hiring seasonal help during the months of April through September when the workload increases with the maintenance of the grounds and the numerous athletic fields; and

WHEREAS, funds for this position have been included in the 2004 budget; now therefore be it

RESOLVED, that the Town Board authorizes Gregory Brown to hire a maintenance worker (laborer) to fill a seasonal position from April through September at an hourly rate of $12.00 per hour.


Seconded Councilman Thomas Kinsley

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


Dated: April 5, 2004

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RESOLUTION 4:5:04 - 8 Proclamation in Support of: “One Nation under God”

WHEREAS, Our nation’s founding fathers stated in the Declaration of Independence: “When in the course of human events, it becomes necessary for one People to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them…”; and

WHEREAS, Our nation’s founding fathers stated in the Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty and the Pursuit of happiness…”; and

WHEREAS, Our nation’s founding fathers stated in the Declaration of Independence: “We, therefore, the representatives of the UNITED STATES OF AMERICA, in GENERAL CONGRESS, assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by authority of the good people of these colonies, solemnly publish and declare, that these united colonies are, and of right ought to be, FREE AND INDEPENDENT STATES…”; and

WHEREAS, Our nation’s founding fathers stated in the Declaration of Independence: “Prudence, indeed, will dictate that governments long established should not be hanged for light and transient causes…”; and

WHEREAS, The efforts to declare the statement “One nation under God” in the Pledge of Allegiance unconstitutional is a transient cause; and

WHEREAS, Our nation’s founding fathers ended the Declaration with a pledge of allegiance: “…And for the support of this Declaration, with a firm reliance on the protection of divine providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor”; and

WHEREAS, God is defined in Webster’s Dictionary as the Creator…Supreme Being…a divinity; and

WHEREAS, To declare the statement “One nation under God” unconstitutional would be equivalent to declaring the statements made by our nation's founding fathers, several times referencing God in the Declaration of Independence, to be unconstitutional; and

WHEREAS, To declare the statement “One nation under God” unconstitutional would be equivalent to declaring our Declaration of Independence, a cornerstone of American freedom, justice and liberty, unconstitutional; and

WHEREAS, It is our conviction that it is the intent of our nation’s founding fathers, that we as “One People”, “The United States of America” be in perpetuity “One nation under God indivisible with liberty and justice for all”; Now therefore be it

RESOLVED, that we, the undersigned, affirm and pledge our support for the intent of our nation’s founding fathers, as stated in the Declaration of Independence signed on July 4, 1776; that “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty and the pursuit of happiness…”, and that: “The United States of America” is “One nation under God indivisible with liberty and justice for all.”

_____________________________ __________________________
John D. Adams, Supervisor Werner Stiegler, Councilman


_____________________________ __________________________
Thomas Kinsley,Councilman Barbara Zulauf, Councilwoman

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RESOLUTION 4:5:04 - 9 RE: Appointment to the Recreation Commission


Councilman Thomas Kinsley offers the following and moves its adoption:


WHEREAS, a vacancy exists on the Recreation Commission due to the resignation of Ray Zulauf; and

WHEREAS, interviews of individuals interested in serving on the Recreation Commission have taken place; and

WHEREAS, the Town Board will make appointments to the various boards; now therefore be it

RESOLVED, that Viktor Nacov be hereby appointed to the Recreation Commission to fulfill the term of this vacancy expiring December 31, 2004.


Seconded Supervisor John Adams

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

Dated: April 25, 2004

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RESOLUTION 4:5:04 - 10 RE: Authorizing Receiver of Taxes to Attend Seminar

Councilwoman Barbara Zulauf offers the following and moves its adoption:


WHEREAS, the New York State Association of Tax Receivers and Collectors will be holding its annual seminar in Grand Island, New York June 13 through the 16th, 2004; and

WHEREAS, the 2004 budget includes the cost of $1,054.00 for the Town of Beekman’s Receiver of Taxes and Deputy Receiver of Taxes to attend this seminar; now therefore be it

RESOLVED, that Judith Crawford and Margaret Woolley are hereby authorized to attend said seminar.


Seconded Supervisor John Adams

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

Dated: April 5, 2004

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RESOLUTION 4:5:04 - 11 RE: Support for the Elimination of the Sunset Provision of the Local Government Records Management Improvement Fund (LGRMIF) and The Cultural Education Fund (CEF)

Supervisor John Adams offers the following and moves its adoption:

WHEREAS, the Local Government Records Management Improvement Fund (LGRMIF) was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York’s more than 4300 local governments, and

WHEREAS, the closely related Documentary Heritage Program (DHP) for grants and technical assistance to non-governmental historical records repositories also is supported by the LGRMIF, and

WHEREAS, a sunset date for the LGRMIF was established in the original legislation to permit its operation as a five-year experiment, and

WHEREAS, the New York State Legislature in 1995 twice has extended the sunset date, most recently to December 31, 2005; and

WHEREAS, the LGRMIF has effectively supported essential advisory services and 6,300 grants totaling over $113 million to improve the management of records for over half of all NYS local governments, and

WHEREAS, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments at no cost to the taxpayers; and

WHEREAS, Town of Beekman has benefited from technical assistance, training, publications and grants totaling $16,794 supported by the LGRMIF; and

WHEREAS, the State Legislature created the closely-related Cultural Education Fund (CEF to support the New York State Archives, New York State Library and New York State Museum on behalf of all New Yorkers, and the Office for Public Broadcasting, and provided the CEF with an identical sunset date; and

WHEREAS, the LGRMIF and the CEF continue to be critically important in the fulfillment of the man records and information related responsibilities of Town of Beekman and to the cultural and scientific needs of the people of New York State; now therefore be it

RESOLVED, that the Town of Beekman supports the elimination of said sunset provisions in order to make the LGRMIF and the CEF permanent.

Seconded Councilwoman Barbara Zulauf

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

Dated: April 5, 2004

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RESOLUTION 4:5:04 - 12 RE: Teamster’s Contract Negotiator


Councilman Werner Stiegler offers the following and moves its adoption:


WHEREAS, the current Collective Bargaining Agreement between the Town of Beekman and Local 456, International Brotherhood of Teamsters contract is due to expire on the 30th day of June; and

WHEREAS, the terms of employment as Attorney to the Town excludes collective bargaining negotiations and union contracts; and

WHEREAS, a proposal for legal services from the firm of Keane & Beane, P.C., the firm representing the Town in the CSEA contract negotiations; has been received; now therefore be it

RESOLVED, that the Town Board hereby appoints Lance, H. Klein of Keane & Beane, P.C. to represent the Town in the upcoming Teamster’s contract negotiations at a fee of $200.00 per hour and according to the attached proposal.


Seconded Supervisor John Adams


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

Dated: April 5, 2004

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RESOLUTION 4:5:04 - 13 RE: Change of Employment Status of Building Inspector


Councilman Thomas Kinsley offers the following and moves its adoption:


WHEREAS, according to the Town’s Personnel policy, all new employees shall serve a trial service period of six (6) months from the date of hire; and

WHEREAS, the Town’s Building Inspector, Edmund Thomas McHugh, has satisfactorily completed his six month trial service period; and

WHEREAS, it is the recommendation of this Town Board that Mr. McHugh be granted regular employee status along with the appropriate increase in salary; now therefore be it

RESOLVED, that Edmund Thomas McHugh is hereby granted regular employment status at an annual salary of $45,150.00 to be effective April 5, 2004.


Seconded Councilman Werner Stiegler

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

Dated: April 5, 2004

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RESOLUTION 4:5:04 - 14 RE: Authorizing Rental of Pool for Lifeguard Training

Supervisor John Adams offers the following and moves its adoption:


WHEREAS, it is necessary for the Beekman Recreation Waterfront Staff to conduct annual drills on emergency rescue procedures regulated by the park safety plan; and

WHEREAS, the cost of training for waterfront staff has been included in the 2004 budget; now therefore be it

RESOLVED, that the Recreation Department is hereby authorized to enter into contract with the Dutchess County YMCA for a one day training seminar of the waterfront staff on June 12, 2004 at a cost of $100.00.


Seconded Barbara Zulauf

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


Dated: April 5, 2004

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RESOLUTION 4:5:04 - 15 RE: Appointment to the Zoning Board of Appeals

Councilwoman Barbara Zulauf offers the following and moves its adoption:


WHEREAS, a vacancy exists on the Zoning Board of Appeals; and

WHEREAS, interviews of interested candidates have taken place; and

WHEREAS, the Town Board will make appointments to the various boards; now therefore be it

RESOLVED, that Peter Puleo be hereby appointed to the Zoning Board of Appeals for a five year term expiring on 12/31/08.


Seconded Councilman Werner Stiegler


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


Dated: April 5, 2004

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