Town of Beekman Resolutions from August 15, 2005 meeting.

Go to - RESOLUTION 8:15:05 - 1 To Award Playground Bid
Go to - RESOLUTION 8:15:05 - 2 Termination of Jeffrey Higham
Go to - RESOLUTION 8:15:05 - 3 A LOCAL LAW APPROVING A FOUR YEAR TERM FOR THE ELECTIVE OFFICE OF THE TOWN CLERK OF THE TOWN OF BEEKMAN
Go to - RESOLUTION 8:15:05 - 4 Establishing Procedure for Publicizing Public Hearings Set by the Town Board
Go to - RESOLUTION 8:15:05 - 5 Introduced by Councilman Daniel French
Go to - RESOLUTION 8:15:05 - 6 Introduced by Councilman Daniel French
Go to - RESOLUTION 8:15:05 - 7
Chapter 83 of the Town’s Flood Damage Prevention Regulations is hereby amended
Go to - RESOLUTION 8:15:05 - 8
Authorizing Request for Proposal for the Foundation Stabilization for the Town of Beekman Mill House
Go to - RESOLUTION 8:15:05 - 9
To Set Public Hearing to Revise Chapter 83 of the Town’s Flood Damage Prevention Regulations
Go to - RESOLUTION 8:15:05 - 10
To Set Public Hearing on Proposed Local Law Approving a Four Year Term for the Elective Office of the Town Clerk of the Town of Beekman

RESOLUTION 8:15:05 - 1 RE: To Award Playground Bid

Councilwoman Barbara Zulauf offers the following and moves its adoption:


WHEREAS, authorization was given to the Town Clerk to advertise for bids for playground equipment for the Town Center Park; and

WHEREAS, the following bids were received, opened and read publicly on August 9, 2005:

1. Miracle Recreation Equipment Co. $ 54,147.80
2. Louis Barbato Landscaping Inc. $ 77,000.00


Now therefore be it RESOLVED, that the bid is hereby awarded to Miracle Recreation Equipment Co.

Seconded Councilman Thomas Kinsley


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

Dated: August 15, 2005

 

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RESOLUTION 8:15:05 - 2 RE: Termination of Jeffrey Higham

Supervisor John Adams offers the following and moves its adoption:

WHEREAS, a proceeding was commenced against Jeffrey Higham based upon a Notice and Statement of Charges and an Amended Statement of Charges dated March 3, 2005 from David Temple, Highway Superintendent for the Town of Beekman, pursuant to New York State Civil Service Law §75; and

WHEREAS, as a result thereof Joseph Wooley was duly designated as the Hearing Officer by the Town Board of the Town of Beekman (the “Town Board”); and

WHEREAS, the Hearing Officer held a hearing on March 23, 2005, at which Mr. Higham was represented by counsel; and

WHEREAS, the Hearing Officer has rendered findings of fact and recommendations based upon the Record presented at the aforementioned hearing; and

WHEREAS, the Superintendent recused himself from making any determination on the findings made by the Hearing Officer based upon an apparent conflict of interest; and

WHEREAS, the Town has had an opportunity to review the Record in this matter, as well as the findings of fact and recommendations of the Hearing Officer; now therefore be it

RESOLVED, that the Town Board hereby adopts the Hearing Officer’s findings of fact and determinations as to guilt on the charges and specifications preferred in which he found guilt, as more fully set forth in the decision of the Hearing Officer dated June 9, 2005; and be it further

RESOLVED, that the Town Board hereby adopts the recommendation of the Hearing Officer as to an appropriate penalty and finds, on its own, that the penalty of termination is appropriate and, as such, hereby terminates the services of Mr. Higham as an employee of the Town of Beekman effective August 15, 2005; and be it further

RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this Resolution together with a copy of the Hearing Officer’s decision and a copy of the Record in this matter to the Personnel Officer of Dutchess County pursuant to Civil Service Law §75, Subdivision 3.

Seconded Councilman Thomas Kinsley

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


Dated: August 15, 2005

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RESOLUTION 8:15:05 - 3

Introduced by:___________________________
Dated: August 15, 2005
Placed on Desk of Town Board Members: August 15, 2005
Date of Public Hearing: September 12, 2005

Local Law No. 6 of 2005
of the Town of Beekman

A LOCAL LAW APPROVING A FOUR YEAR TERM FOR THE ELECTIVE OFFICE OF THE TOWN CLERK OF THE TOWN OF BEEKMAN


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

Section 1.

The term of office of elective Town Clerk of the Town of Beekman shall be four years. Such four-year term shall commence on the first day of January following the first biennial town election after the effective date of this Local Law.

Section 2.

At the biennial town election next following the effective date of this Local Law, and every four years thereafter, the Town Clerk shall be elected to a four year term.

Section 3.

This Local Law shall supercede in its application to the Town of Beekman Section 24 of the Town Law of New York State with respect to the term of office of the elective Town Clerk.

Section 4.

This Local Law shall be submitted for approval to the electors of the Town of Beekman at the next general town election to be held on November 8, 2005.

Section 5.

Any other local law, ordinance or resolution inconsistent herewith is hereby repealed.

Section 6.

This Local Law shall take effect immediately upon filing with the New York State Secretary of State after approval by a majority of the electors voting thereon in accordance with the requirements of Section 27 of the Municipal Home Rule Law.

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RESOLUTION 8:15:05 - 4 RE: Establishing Procedure for Publicizing Public Hearings Set by the Town Board

Supervisor John Adams offers the following and moves its adoption:


WHEREAS, all levels of government, especially local government, require a well-informed citizenry in order to function in a manner that respects the due process of all citizens; and

WHEREAS, an increasing number of Beekman residents are utilizing the Town of Beekman website in order to gather information regarding issues that affect the Town; and

WHEREAS, in order to maintain open government, information should be disseminated to citizens through as many outlets as possible; and

WHEREAS, public hearings in front of the Town Board provide the public an opportunity to both gather information about issues affecting the Town and provide their input on such issues and, therefore, serve to strengthen the administration of our local government; and

WHEREAS, the public notice published in the Town’s official newspaper is not prominently shown and thus, many residents who may want more information about Town issues or who wish to provide input at a public hearing, may not be aware of such hearings; and

WHEREAS, public hearings do appear on the Town’s website, but often only as a part of the Town Board’s agenda for the public meeting, which is often posted on the website on the Friday before the Monday of the Board meeting, leaving the public limited time to check the site in order to be informed of public hearings; and

WHEREAS, public hearings are set at least two full weeks in advance by the Town Board; now therefore be it

RESOLVED, that public hearings shall be posted on the website as soon as possible after the hearing is set; and be it further

RESOLVED, that these notices of public hearings be posted under the “Breaking News” section of the Town’s homepage; and be it further

RESOLVED, that notice of any such public hearing be displayed prominently in the office of the Town Clerk.

Seconded Councilman Werner Stiegler

ROLL CALL VOTE:
Councilman Werner Stiegler aye
Councilman Daniel French nay
Councilman Thomas Kinsley aye
Councilwoman Barbara Zuluaf aye
Supervisor John D. Adam aye

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RESOLUTION 8:15:05 - 5 Introduced by Councilman Daniel French and moves its adoption:

Whereas, all levels of government, especially local government (as it is the level of government that has the most direct, immediate impact on everyday lives of citizens), require a well-informed citizenry in order to function in a manner that respects the due process of all citizens, and

Whereas, an increasing number of Beekman residents are utilizing the Town of Beekman website in order to gather information regarding issues that affect the Town, and

Whereas, in order to work toward a more open, transparent government, information must be disseminated to citizens through as many outlets as possible, and

Whereas, public hearings in front of both the Town Board and Planning Board provide the public an opportunity to both gather information about issues affecting the Town, and provide their input on such issues, and therefore serve to strengthen the administration of our local government, and

Whereas, the minutes of public hearings before the Town Board and Planning Board serve to deliver information on the content of said meetings to those who were not present, and

Whereas, the public notice published in the Town’s official newspaper (the Poughkeepsie Journal) is not prominently shown and thus, many residents who may want more information about Town issues or who wish to provide input at a public hearing, may not be aware of such hearings, and

Whereas, public hearings do appear on the Town’s website, but often only as a part of the Town Board’s agenda for the public meeting, which is often posted on the website on the Friday before the Monday of the Board meeting, leaving the public limited time to check the site in order to be informed of public hearings, and

Whereas, public hearings are set at least two full weeks in advance by the Town Board, now therefore be it:

Resolved, that public hearings shall be posted on the website no more than three (3) business days after the hearing is set, and be it further

Resolved that these notices of public hearings be posted under a specific link on the website to be entitled “Public Hearings”, and be it further

Resolved, that notice of any such public hearing be displayed prominently in the Supervisor’s office and in the office of the Town Clerk and be it further

Resolved, that the minutes of Town Board and Planning Board meetings be posted on the Town’s website within five (5) business days of such hearings.

Resolution not seconded.

 

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RESOLUTION 8:15:05 - 6 Introduced by Councilman Daniel French and moves its adoption:

Whereas, the Town frequently enters into agreements with outside agents or groups for labor or services deemed necessary and/ or beneficial to the Town, and

Whereas, the projects undertaken or services provided by these outside groups are funded wholly or partly through Town funds (or assisted with Town labor), and

Whereas, it is in the best interest of the Town’s taxpayers and their elected officials to have sufficient access to progress reports on such projects or services provided by outside agents, and

Whereas, such oversight will help to ensure the timely administration and completion of projects or services provided by outside agents when Town money or labor is used, now therefore be it

Resolved, that any outside agent who undertakes projects or provides services to the Town which are funded wholly or partly through Town funds, or benefit from Town labor, shall report to the Town Board at a regularly scheduled Board meeting on the progress of said project at the Board meeting immediately after the date set forth for completion of said project (whether that date be estimated or contractual), and be it further

Resolved, that in the event the project continues to be delinquent (over the estimated or contractual completion date), the outside agent shall present a progress report to the Town Board and the public once every month at a regularly scheduled board meeting, until successful completion of said project, and be it further

Resolved, that information regarding such progress reports (to be delivered at Town Board meetings) be displayed prominently on the Town’s website in order to provide concerned residents ample notice so they may gather information on the timely use of their tax dollars.

Resolution not seconded.

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RESOLUTION 8:15:05 - 7 Chapter 83 of the Town’s Flood Damage Prevention Regulations is hereby amended as follows:

§ 83-7 Basis for establishing the areas of special flood hazard

A. The areas of special flood hazard are identified and defined on the following documents prepared by the Department of Homeland Security/Federal Emergency Management Agency as follows:

  1. A scientific and engineering report entitled the “Flood Insurance Study, Town of Beekman, New York, Dutchess County,” dated March 5, 1984, and
  2. Flood Insurance Rate Map (FIRM) multiple panels, Index No. 361333 0001-0020, whose effective date is September 5, 1984, and
  3. Flood Boundary and Floodway map (FFM) (multiple panels), Index No. 361333 0001-0020 whose effective date is September 5, 1984, and
  4. Letter of Map Revision (LOMR) effective January 18, 2006, FEMA case No. 05-02-0303P, revising FIRM and FBFM panels 0003 and 0011 and flood profile sheet 01P for Fishkill Creek.

B. The above documents are hereby adopted and declared to be a part of this chapter. The flood Insurance Study, FIRM, FBFM and any LOMRs are on file at the Beekman Town Clerk’s Office, Beekman Town Hall, 4 Main Street, Poughquag, NY 12570.

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RESOLUTION 8:15:05 - 8 RE: Authorizing Request for Proposal for the Foundation Stabilization for the Town of Beekman Mill House

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, on June 22, 2001 the Town of Beekman was deeded the property and building, known as the “Mill House”, located on Beekman-Poughquag Road; and

WHEREAS, the Town Board is desirous in having the house repaired so that it can eventually be utilized by the public as a town museum; and

WHEREAS, funds have been appropriated in the 2005 budget for the repair of the Mill House; and

WHEREAS, approval for the expenditure of funds for electrical installation were granted in the first step of the repair; and

WHEREAS, the second phase in the repair of the Mill House would require reinforcing the foundation; now therefore be it

RESOLVED, that the Town Board hereby authorizes the Town Clerk to advertise a Request for Proposal (RFP) for foundation stabilization of the Mill House as outlined on the attached plans prepared by the Town Engineer, Rohde, Soyka & Andrews.

Seconded Councilman Thomas Kinsley


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

Dated: August 15, 2005

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RESOLUTION 8:15:05 - 9 RE: To Set Public Hearing to Revise Chapter 83 of the Town’s Flood Damage Prevention Regulations

Councilman Thomas Kinsley offers the following and moves its adoptions:


WHEREAS, the recent approval of the Letter of Map Revision (LOMR) for the Springs at Beekman subdivision requires a revision in the Town’s Flood Damage Prevention Regulations, Chapter 83; and

WHEREAS, revision of this section will allow for compliance with both New York State Department of Environmental Conservation (NYSDEC) and Federal Emergency Management Agency (FEMA); now therefore be it

RESOLVED, that a public hearing on revision of Chapter 83 of the Town’s Flood Damage Prevention Regulations be held on the 12th day of September, 2005 at 7:10 o’clock p.m. at the Community Center on 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 revision be published once on or before the 2nd day of September, 2005 in the Poughkeepsie Journal, a newspaper circulating in the Town of Beekman; and be it further

RESOLVED, that copies of the Flood Insurance Study dated March 5, 1984, Flood Insurance Rate Map (FIRM) dated September 5, 1984, Flood Boundary and Floodway map (FBFM) dated September 5, 1984 and the Letter of Map Revision (LOMR) effective January 18, 2006 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.


Seconded Councilman Werner Stiegler


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


Dated: August 15, 2005

 

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RESOLUTION 8:15:05 - 10 RE: To Set Public Hearing on Proposed Local Law Approving a Four Year Term for the Elective Office of the Town Clerk of the Town of Beekman

Councilman Daniel French offers the following and moves its adoption:

WHEREAS, the Town Board of the Town of Beekman has proposed a local law approving a four year term for the elective office of the Town Clerk of the Town of Beekman; now therefore be it

RESOLVED, that a public hearing on said proposed local law be held on the 12th day of September, 2005 at 7:20 o’clock p.m. at the Community Center on 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 local law, be published once on or before the 2nd day of September, 2005 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.

Seconded Supervisor John Adams


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

Dated: August 15, 2005

 

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