Town of Beekman Resolutions from June 7, 2004 meeting.

Go to - RESOLUTION 6:7:04 - 1 Accepting Bowe Lane for Dedication as a Town Road
Go to - RESOLUTION 6:7:04 - 2 A RESOLUTION CONSENTING TO THE PROVISION OF WATER SERVICE AND SANITARY SEWER SERVICE BY THE DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY TO INDIVIDUAL CONSUMERS WITHIN SPECIFIED AREAS OF THE TOWN
Go to - RESOLUTION 6:7:04 - 3 Accepting Gold Road for Dedication as a Town Road
Go to - RESOLUTION 6:7:04 - 4 Authorizing Transfer of Highway Asset to Maintenance
Go to - RESOLUTION 6:7:04 - 5 Appointment of Planning Board Chairperson
Go to - RESOLUTION 6:7:04 - 6 Authorizing Receiver of Taxes to Attend Convention
Go to - RESOLUTION 6:7:04 - 7
RESOLUTION OF THE TOWN OF BEEKMAN TOWN BOARD DOVER RIDGE WASTEWATER TREATMENT PLANT REHABILITATION SEQRA DETERMINATION
Go to - RESOLUTION 6:7:04 - 8
To Set Bond for Victoria Estates

RESOLUTION 6:7:04 - 1 RE: Accepting Bowe Lane for Dedication as a Town Road

Councilwoman Stella Slattery offers the following and moves its adoption:

WHEREAS, the road known as Bowe Lane in the Birch Hill Manor, Section 3 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 said Bowe Lane; and

WHEREAS, the Attorney to the Town has received and examined the title and conveyancing document tendered to accomplish the transfer of this road and has approved the same; and

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

RESOLVED, that the existing performance bond in the pro rata amount of $160,000 securing the construction of Bowe Lane be reduced to the sum of $32,000 and retained as a maintenance bond against defect or failure of the road for a period of one (1) year from this date; and be it further

RESOLVED, that the road known as Bowe 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: June 7, 2004

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RESOLUTION 6:7:04 - 2 The following resolution was offered by Councilman Thomas Kinsley, who moved its adoption, seconded by Supervisor John D Adams, to-wit:

A RESOLUTION CONSENTING TO THE PROVISION OF WATER SERVICE AND SANITARY SEWER SERVICE BY THE DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY TO INDIVIDUAL CONSUMERS WITHIN SPECIFIED AREAS OF THE TOWN.

WHEREAS, the supply and distribution of potable water to individual consumers located in the Town of Beekman in the area of the Dalton Farms Development, the Poughquag Hamlet Water Improvement Area and the residential subdivisions known as or proposed to be known substantially as Victoria Estates and Plum Court is currently supplied by the Farms Water Company, Inc., (“Water Service”); and

WHEREAS, the collection, treatment and disposal of sanitary sewage from individual consumers located in the Town of Beekman in the area of the Dalton Farms Development and the residential subdivisions known as or proposed to be known substantially as Victoria Estates and Plum Court is currently provided by the Farms Sewer Company, Inc., (“Sewer Service”); and

WHEREAS, the Dutchess County Water and Wastewater Authority (the “Authority”) has notified the Town that it has agreed with the Farms Water Company, Inc. and the Farms Sewer Company, Inc. to purchase the respective water supply and distribution system and sewage collection, treatment and disposal system used by each to provide, respectively, Water Service and Sewer Service and the Authority has further notified the Town that, upon such acquisitions, the Authority shall provide Water Service and Sewer Service within the aforesaid areas of the Town; and

WHEREAS, Section 1124(14) of the Public Authorities Law provides that the Authority shall not sell water at retail to individual consumers or contract with individual consumers for the collection or treatment of sewage where such individual consumers are located in a municipality, water district or sewer district which is empowered to provide water or sewer services, as the case may be, unless the Authority has first notified, in writing, by certified mail, such municipality, water district or sewer district that it intends to sell water at retail to individual consumers located therein or to collect or treat sewage from individual consumers located thereat, as the case may be, and such municipality, water or sewer district does not object to the Authority selling water or collecting or treating sewage, as the case may be, as therein provided; and

WHEREAS, the Town has received a specified notice from the Authority in the manner set forth and as required by Section 1124(14) of the Public Authorities Law and the Town wishes to notify the Authority that it does not object to the Authority’s selling water or collecting or treating sewage and providing the Water Service and Sewer Service to individual consumers in the Town of Beekman in the areas of the Town as specified in the preamble above; NOW, THEREFORE, BE IT

RESOLVED, by the Town Board of the Town of Beekman, Dutchess County, New York, as follows:

Section 1. The Town of Beekman hereby states its lack of objection and its consent to the sale of water and the Water Service and the collection and treatment of sewage and the Sewer Service to individual consumers in the Town of Beekman located in the Dalton Farms Development, the Poughquag Hamlet Water Improvement Area and the residential subdivisions known as or proposed to be known substantially as Victoria Estates and Plum Court.

Section 2. This resolution shall take effect immediately.

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

RESOLUTION DATED JUNE 7, 2004.

The resolution was thereupon declared duly adopted.
* * * *

STATE OF NEW YORK    )
                                             )ss:
COUNTY OF DUTCHESS )

I, the undersigned Clerk of the Town of Beekman, Dutchess County, New York, DO HEREBY CERTIFY:
That I have compared the annexed extract of the minutes of the meeting of the Town Board of said Town, including the resolution contained therein, held on ______________, 2004, with the original thereof on file in my office, and that the same is a true and correct transcript therefrom and of the whole of said original so far as the same relates to the subject matters therein referred to.
I FURTHER CERTIFY that all members of said Board had due notice of said meeting.
I FURTHER CERTIFY that, pursuant to Section 103 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public.
I FURTHER CERTIFY that, PRIOR to the time of said meeting, I duly caused a public notice of the time and place of said meeting to be given to the following newspapers and/or other news media as follows:
Newspaper and/or other news media Date given

I FURTHER CERTIFY that PRIOR to the time of said meeting, I duly caused public notice of the time and place of said meeting to be conspicuously posted in the following designated public location(s) on the following dates:
Designated Location(s)
of posted notice Date of Posting

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town on _____________, 2004.

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RESOLUTION 6:7:04 - 3 RE: Accepting Gold Road for Dedication as a Town Road

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, the road known as Gold Road in the Golden Ridge 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 Gold Road; and

WHEREAS, the Attorney to the Town has received and examined that said Gold Road be accepted as a town highway; now therefore be it

RESOLVED, that the remaining balance of the performance bond in the amount of $5,000 be retained as a maintenance bond against defect and failure for a period of one (1) year from this date; and be it further

RESOLVED, that the road known as Gold 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 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: June 7, 2004

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RESOLUTION 6:7:04 - 4 RE: Authorizing Transfer of Highway Asset to Maintenance

Councilwoman Barbara Zulauf offers the following and moves its adoption:

WHEREAS, the inventory of the Highway Department includes a 1994 Ford F150 pick up truck; and

WHEREAS, said vehicle has been replaced with a 2004 Ford 250 pick-up truck, which has been added to the Highway Department fleet; and

WHEREAS, the Maintenance Department has expanded its personnel and responsibility to maintain the Town’s property, including the increased number of recreation fields and is need of an additional vehicle; now therefore be it

RESOLVED, that the above Ford F150 pick up truck be hereby added to the listing of assets of the Maintenance Department and removed from the listing of assets of the Highway Department.

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: June 7, 2004

 

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RESOLUTION 6:7:04 - 5 RE: Appointment of Planning Board Chairperson

Councilwoman Stella Slattery offers the following and moves its adoption:

WHEREAS, the position of chairperson of the Planning Board is vacant due to the resignation of Neal Townsend; and

WHEREAS, the Town Board is authorized under Town Law to make appointments; now therefore be it

RESOLVED, that Neil Martin is hereby appointed as chairperson for the Planning Board for the remainder of 2004.

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: June 7, 2004

 

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RESOLUTION 6:7:04 - 6 RE: Authorizing Receiver of Taxes to Attend Convention

Supervisor John Adams offers the following and moves its adoption:

WHEREAS, the Northeast Regional Tax Collectors’ & Treasurers’ Association will be holding the 16th Annual Conference September 12 – 15, 2004 in Lake Placid, New York; and

WHEREAS, the cost of $375.00 is included in the 2004 budget; now therefore be it

RESOLVED, that Judith Crawford, Receiver of Taxes for the Town of Beekman, is hereby authorized to attend said conference.

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: June 7, 2004

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RESOLUTION 6:7:04 - 7 RESOLUTION OF THE TOWN OF BEEKMAN TOWN BOARD DOVER RIDGE WASTEWATER TREATMENT PLANT REHABILITATION SEQRA DETERMINATION

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, the Town Board of the Town of Beekman serves as Commissioners of the Dover Ridge Sewer District; and

WHEREAS, the Town is currently a party to a Consent Order with the New York State Department of Environmental Conservation relative to the upgrade and rehabilitation of the District’s wastewater treatment plant; and

WHEREAS, the Town Board must approve the bidding and financing of the subject project; and

WHEREAS, the subject project is subject to the requirements of the State Environmental Quality Review Act (SEQRA) pursuant to Article 8 of New York State Environmental Conservation Law; and

WHEREAS, Part 617.5 of Article 8 of the Environmental Conservation Law provides for the listing of Type II Actions which are actions considered not to have a significant impact on the environment; and

WHEREAS, the subject project involves the replacement and rehabilitation of a facility in kind on the same site which falls within the listed Type II Action in Part 617.5 (c)(2);

NOW THEREFORE BE IT RESOLVED, that the Town Board finds the subject action is a Type II Action in accordance with Article 8 Part 617 of the Environmental Conservation Law thereby determining that said action will not have a significant impact on the environment and is therefore otherwise precluded from environmental review under the Environmental Conservation Law Article 8.

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: June 7, 2004

 

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RESOLUTION 6:7:04 - 8 RE: To Set Bond for Victoria Estates

Supervisor John Adams offers the following and moves it adoption:

WHEREAS, Rohde, Soyka & Andrews Consulting Engineers, P.C. has prepared a Performance Bond Estimate dated May 7, 2004, advising that the estimated cost of construction of the public facilities is in the amount of $1,675,000.00 for Victoria Estates; and

WHEREAS, some of the work subject to the Performance Bond has been completed and has an approximate value of $1,003,000.00, the identified reduction amount as shown in the Performance Bond Estimate of May 7, 2004; and

WHEREAS, the Applicant requested that the Performance Bond be reduced by $1,003,000.00, the value of the completed work; and

WHEREAS, the Planning board adopted a resolution on May 20, 2004 to establish the bond amount that deducts the value of the completed work as requested by the Applicant, and as recommended by Rohde, Soyka & Andrews Consulting Engineers, P.C.; and

WHEREAS, the deduction of the value of the completed works results in a recommended bond amount of $672,000.00; now therefore be it

RESOLVED, that the Town Board hereby approves that the Performance Bond be set in the amount of $672,000.00 for Victoria Estates 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 June 7, 2004

 

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