Town of Beekman Resolutions from September 12, 2005 meeting.

Go to - RESOLUTION 9:12:05 - 1 To Increase Amount Authorized for Bus Trip for Senior Citizens
Go to - RESOLUTION 9:12:05 - 2 Authorizing the Submission of an “Open Space Bond Resolution” for Inclusion in the November 8, 2005 Election Ballot for Approval by the Electors of the Town of Beekman
Go to - RESOLUTION 9:12:05 - 3 Bond Reduction for Victoria Estates
Go to - RESOLUTION 9:12:05 - 4 To Release Bond for Doggrell Family Limited Partnership
Go to - RESOLUTION 9:12:05 - 5 Maintenance Bond Release – Orr Estates, Section 1A
Go to - RESOLUTION 9:12:05 - 6 Appointment to the CAC
Go to - RESOLUTION 9:12:05 - 7
Authorizing Attendance at Financial Planning Workshop
Go to - RESOLUTION 9:12:05 - 8
Accepting Flagler Road and Autumn Way For Dedication as Town Roads
Go to - RESOLUTION 9:12:05 - 9
Local Law #7 of 2005 Amending Chapter 83 of the Town’s Flood Damage Prevention Regulations
Go to - RESOLUTION 9:12:05 - 10
Authorizing Attendance at Planning Federation Conference
Go to - RESOLUTION 9:12:05 - 11
Local Law for Stormwater Management and Erosion & Sediment Control
Go to - RESOLUTION 9:12:05 - 12
Adoption of Local Law # 5 of 2005 Stormwater Protection Management & Erosion Sediment Control
Go to - RESOLUTION 9:12:05 - 13
To Set Reopening of Public Hearing on Dover Ridge Water & Sewer Rents Increase

Go to - RESOLUTION 9:12:05 - 14 Adoption of Revised Wage Matrix For Recreation Employees
Go to - RESOLUTION 9:12:05 - 15
Order Authorizing an Increase in the Maximum Amount to be Expended in the Improvement of the Dover Ridge Sewer System
Go to - RESOLUTION 9:12:05 - 16
Adopting Local Law No. 6 of 2005 To Approve Inclusion in the November 8, 2005 Election Ballot of a Four Year Term for Elective office of the Town Clerk
Go to - RESOLUTION 9:12:05 - 17
Website information posting

RESOLUTION 9:12:05 - 1 RE: To Increase Amount Authorized for Bus Trip for Senior Citizens

Councilwoman Barbara Zulauf offers the following and moves its adoption:

WHEREAS, by prior resolution on May 2, 2005, the Town Board authorized the expenditure of $755.00 for a bus trip for the Senior Citizen Program to Essex, Connecticut; and

WHEREAS, due to the popularity of this trip, more seniors have signed up to go on this trip than previously anticipated requiring a larger bus to accommodate this increased number; now therefore be it

RESOLVED, that payment of an additional amount of $140.00 for a larger bus is hereby authorized for the Essex, Connecticut trip.

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: September 12, 2005

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RESOLUTION 9:12:05 - 2 RE: Authorizing the Submission of an “Open Space Bond Resolution” for Inclusion in the November 8, 2005 Election Ballot for Approval by the Electors of the Town of Beekman


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


WHEREAS, pursuant to General Municipal Law Section 247 the preservation of open space by outright purchase, acquisition of conservation easements, development rights or similar interests in land is a proper public purpose for which public funds may be expended; and

WHEREAS, the Town Board of the Town of Beekman is desirous of purchasing land and such rights in land for the preservation of open space as the appropriate opportunities to do so may arise; and

WHEREAS, the Town Board wishes to submit the question of the use of public funds for this purpose to a referendum to be voted upon by the electorate of the Town of Beekman, now therefore be it

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

Section 1. For the object or purpose of purchasing land, conservation easements, development rights and other purchases for the preservation of open space, and to provide funds to defray the cost thereof, Three Million Dollars ($3,000,000) of the General Obligation Serial Bonds of the Town of Beekman, shall be issued pursuant to the provision of New York Local Finance Law Section 33 et seq.

Section 2. Three Million Dollars ($3,000,000) is estimated as the maximum cost of said acquisition of lands, and rights in lands, for the preservation of open space.

Section 3. The plan or the financing of the purchase of said new Item consists of the issuance of General Obligation Serial Bonds of the Town of Beekman in the principal sum of the Three Million Dollars ($3,000,000) to be issued pursuant to Local Finance Law.

Section 4. It is hereby determined that the period of probable usefulness of the aforesaid object or purpose is thirty (30) years, pursuant to Subdivision 21(a) of Paragraph a of Section 11 of Local Finance Law. It is further determined that the maximum maturity of the Serial Bonds herein authorized will not exceed thirty (30) years.

Section 5. The faith and credit of said Town of Beekman are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same, respectively, become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in the Town of Beekman a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

Section 6. Subject to the provisions of Local Finance Law, the power to authorize the issuance of and to sell Bond Anticipation Notes in anticipation of the issuance and sale of the Serial Bonds herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner as may be prescribed by said Town Supervisor, consistent with the provisions of Local Finance Law.

Section 7. The validity of such bonds may be contested only if:

a. Such bonds are authorized for an object or purpose for which said Town of Beekman is not authorized to expend money, or

b. The provisions of law, which should be complied with at the date of publication of this resolution, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of publication, or

c. Such bonds are authorized in violation of the provisions of the Constitution.

Section 8. This resolution shall be submitted for approval to the electors of the Town of Beekman at the next general election to be held on November 8, 2005. Said proposition shall be in the following manner:

“In order to preserve open space, natural lands, wildlife habitat and working farms and to protect drinking water sources and the quality of water, shall the Town of Beekman Bond Resolution in the amount of $3 million to finance the acquisition of interests or rights in land be approved?”

Section 9. This resolution shall take effect upon an affirmative vote of the electors of the Town of Beekman.

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: September 12, 2005

 

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RESOLUTION 9:12:05 - 3 RE: Bond Reduction for Victoria Estates

Councilman Thomas Kinsley 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, certain portions of the bonded work for Victoria Estates have been completed; 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, at the August 18, 2005 Planning Board meeting the bond reduction was approved; and

WHEREAS, the Planning Board recommends that the Town Board approve a reduction in Performance Bond of $357,000.00; now therefore be it

RESOLVED, that the Town Board approves the reduction in Performance Bond of $357,000.00 for Victoria Estates and authorizes the applicant to substitute the current bond on file in the office of the Town Clerk with the new Performance Bond in the amount of $315,000.00.


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: September 12, 2005

 

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RESOLUTION 9:12:05 - 4 RE: To Release Bond for Doggrell Family Limited Partnership

Councilman Daniel French offers the following and moves its adoption:


WHEREAS, the Town Engineer, Rohde, Soyka & Andrews, has completed a final inspection of the Doggrell Family Limited Partnership project; and

WHEREAS, all items described in the Performance Bond Estimate of April 21, 2005 as prepared by Rohde, Soyka & Andrews have been satisfactorily completed; and

WHEREAS, the Planning Board has adopted a resolution on August 18, 2005 recommending that the Town Board approve the bond release; now therefore be it

RESOLVED, that the Town Board hereby authorizes that the bond in the amount of $22,000.00 for Doggrell Family Limited Partnership be released by the Town of Beekman; and be it further

RESOLVED, that the Town Clerk be and hereby authorized to return any securities underlying the released bond, if any.


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: September 12, 2005

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RESOLUTION 9:12:05 - 5 RE: Maintenance Bond Release – Orr Estates, Section 1A

Councilman Werner Stiegler offers the following and moves its adoption:


WHEREAS, upon acceptance of the portion of Flagler Road in Section 1A of Orr Estates as a Town Highway in January 2004, $30,000.00 of a Performance Bond was retained as a Maintenance Bond against the need for repairs and replacement of said road; and

WHEREAS, the maintenance period of one year has passed; and

WHEREAS, the Town Engineer and the Highway Superintendent have inspected the site and have determined that the works for which a Maintenance Bond release are applied for have been installed in general compliance with the approved plans and specifications; and

WHEREAS, the Planning Board has adopted a resolution on August 18, 2005 recommending that the Town Board approve the release of the Maintenance Bond; now therefore be it

RESOLVED, that the Town Board authorizes that the Maintenance Bond in the amount of $30,000.00 for Orr Estates, Section 1A be released by the Town of Beekman; and be it further

RESOLVED, that the Town Clerk be and hereby authorized to return any securities underlying the released bonds, if any.


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: September 12, 2005

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RESOLUTION 9:12:05 - 6 RE: Appointment to the CAC

Councilwoman Barbara Zulauf offers the following and moves its adoption:

WHEREAS, a vacancy exists on the Conservation Advisory Council; and

WHEREAS, an interview of a resident interested in serving on the CAC has been conducted; now therefore be it

RESOLVED, that Binnie Chase be hereby appointed to the Conservation Advisory Council for a term to expire on 12/31/06; and be it further

RESOLVED, that appointee shall file her Oath of Office with the Town Clerk of the Town of Beekman as well as file her Disclosure of Interest statement with the Ethics Board prior to serving on the CAC.

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: September 12, 2005

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RESOLUTION 9:12:05 - 7 RE: Authorizing Attendance at Financial Planning Workshop

Councilman Thomas Kinsley offers the following and moves its adoption:

WHEREAS, the Office of the State Comptroller is offering a Financial Planning Workshop on Friday, September 23 in Newburgh; and

WHEREAS, attendance at this workshop will be beneficial to the Supervisor, Town Board Members and the Comptroller of the Town of Beekman; and

WHEREAS, the cost of $40.00 per person is included in their respective budgets; now therefore be it

RESOLVED, that Supervisor John Adams, Councilman Daniel French and William Brady, Comptroller are hereby authorized to attend the Financial Planning Workshop.

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: September 12, 2005

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RESOLUTION 9:12:05 - 8 RE: Accepting Flagler Road and Autumn Way For Dedication as Town Roads


Supervisor John Adams offers the following and moves its adoption:


WHEREAS, the remainder of Flagler Road located in the subdivision known as Orr Estates, Section 1B and Autumn Way also located in Section 1B of Orr Estates 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 said roads; and

WHEREAS, the developer has prepared a deed and other conveyancing documents necessary to convey title to said roads 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 interest of the town that said roads, Flagler Road and Autumn Way, be accepted as town highways; now therefore be it

RESOLVED, that the roads known as Flagler Road and Autumn Way and described in the conveyancing documents provided by the Attorney to the Town be accepted as Town Highways and that the Highway Superintendent be requested to add said roads to the inventory of Town of Beekman highways, subject to the following conditions:

THAT $22,900.00 of the remaining bond be retained as a maintenance bond against the need for repairs and replacement of said roads for a minimum of one year after acceptance.

Seconded Councilwoman Barbara Zulauf

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: September 12, 2005

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RESOLUTION 9:12:05 - 9 RE: Local Law #7 of 2005 Amending Chapter 83 of the Town’s Flood Damage Prevention Regulations

Councilman Daniel French offers the following and moves its adoption:


WHEREAS, the Flood Insurance Rate Map establishing 100 year base flood elevations for the Town has recently been revised by the Federal Emergency Management Agency (FEMA) by a Letter of Map Revision (LOMR) requiring a revision in the Town’s Flood Damage Prevention Regulations, Chapter 83; and

WHEREAS, a public hearing on the proposed revision to the Town’s Flood Damage Prevention Regulations was duly held on September 12, 2005; now therefore be it

RESOLVED, that Chapter 83, §83-7, Basis for Establishing the Areas of Special Flood Hazard be hereby revised to reflect the recent Letter of Map Revision effective January 18, 2006; and be it further

RESOLVED, that certified copies of the revised Local Law be filed immediately in the office of the Town Clerk and the New York Secretary of the State with copies forwarded to NYSDEC, FEMA and NYSDEC, Region 3.


Seconded Supervisor John D. 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: September 12, 2005

 

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RESOLUTION 9:12:05 - 10 RE: Authorizing Attendance at Planning Federation Conference

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, the New York Planning Federation Annual Conference will be held October 9-12, 2005 in Saratoga Springs, New York; and

WHEREAS, cost of the conference is approximately $730.00 per person for registration, food, lodging and travel; and

WHEREAS, the Planning Board, Zoning Board of Appeals and Building Inspector have included attendance at conferences in their 2005 budgets; now therefore be it

RESOLVED, that the members of the Planning Board, Zoning Board of Appeals and the Building Inspector 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 aye
Supervisor John D. Adams aye

Dated: September 12, 2005

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RESOLUTION 9:12:05 - 11 Local Law for Stormwater Management and Erosion & Sediment Control

A local law to amend the Zoning Law of the Town of Beekman, Local Law Number # of the Year 2005. Be it enacted by the Town Board of the Town of Beekman as follows:

Link to Document

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RESOLUTION 9:12:05 - 12 RE: Adoption of Local Law # 5 of 2005 Stormwater Protection Management & Erosion Sediment Control

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

WHEREAS, federal and state stormwater regulations require the Town of Beekman to develop, implement and enforce a Stormwater Management Program designed to reduce the discharge of pollutants to the maximum extent practicable in order to protect water quality; and

WHEREAS, a public hearing on the proposed local law for a Stormwater Management Program and modification of the Town’s Erosion and Sediment Control laws was duly held on August 1, 2005; and

WHEREAS, recommendations made by Dutchess County Soil and Water have been incorporated into said local law; now therefore be it

RESOLVED, that proposed Local Law #5 for Stormwater Protection Management and Erosion Sediment Control be hereby enacted by the Town Board of the Town of Beekman; and be it further

RESOLVED, that certified copies of this Local Law be filed 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 effect immediately upon its filing with the Secretary of State.


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: September 12, 2005

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RESOLUTION 9:12:05 - 13 RE: To Set Reopening of Public Hearing on Dover Ridge Water & Sewer Rents Increase

Councilwoman Barbara Zulauf offers the following and moves its adoption:


WHEREAS, a public hearing calling for an increase in water and sewer rents for the Dover Ridge Water and Sewer District was duly held on July 11, 2005 and adjourned on same date; now therefore be it

RESOLVED, that the public hearing on the Dover Ridge water and sewer rents increase will be hereby reopened on the 26th day of September, 2005 at 7:20 o’clock p.m. at the Community Center, Recreation Center Road, in the Town of Beekman, New York; and be it further

RESOLVED, that the notice of the time and place of such hearing and specifying the purpose thereof be published once on or before the 16th day of September, 2005 in the Poughkeepsie Journal, a newspaper circulating in the Town of Beekman.

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: September 12, 2005

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RESOLUTION 9:12:05 - 14 RE: Adoption of Revised Wage Matrix For Recreation Employees

Councilman Daniel French offers the following and moves its adoption:

WHEREAS, the Recreation Commission is requesting that the Town Board approve a revised wage matrix which is more compatible with today’s wages and which is more concise than the one adopted in 2003; now therefore be it

RESOLVED, that the attached wage matrix be hereby adopted; and be it further

RESOLVED, that the wages set forth in the attached Wage Matrix will hereby become effective January 1, 2006.

Seconded Supervisor John D. 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: September 12, 2005

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RESOLUTION 9:12:05 - 15 RE: Order Authorizing an Increase in the Maximum Amount to be Expended in the Improvement of the Dover Ridge Sewer System


Councilman Thomas Kinsley offers the following and moves its adoption:


WHEREAS, the Dover Ridge Sewer District was duly created and operates within the Town of Beekman in the County of Dutchess and State of New York pursuant to the provisions of Article 12-A of the Town Law of the State of New York; and

WHEREAS, at the time of the District’s creation in 1998 the initial estimated cost of the proposed improvements in the amount of $675,000 was approved by the New York State Comptroller upon due application to his office; and

WHEREAS, pursuant to the Wastewater Facility Plan prepared for and adopted by this Town Board, a copy of which is on file in the Town Clerk’s Office available for public inspection, said amount was increased to a total of $1,025,000, which increase was duly approved by the New York State Comptroller; and

WHEREAS, the improvements were undertaken and are substantially completed and the actual cost thereof will be approximately $1,200,000 which increase requires the further approval of the State Comptroller; and

WHEREAS, the method of financing involved will be proceeds of a Clean Water/Clean Air Bond Act grant in the amount of $327,250 and an interest-free, thirty year loan in the amount of $872,750 from the New York State Environmental Facilities Corp.; and

WHEREAS, said proposed increase would result in an approximate increase in the annual cost for a typical property in the District from $978 to $1007; now therefore be it

RESOLVED, that a hearing be held upon said proposed increase on the 26th day of September, 2005 at 7:10 p.m. at the Community Center on Recreation Center Road in the Town of Beekman at which time all those in favor of said proposed increase and opposed thereto may be heard.


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: September 12, 2005

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RESOLUTION 9:12:05 - 16 RE: Adopting Local Law No. 6 of 2005 To Approve Inclusion in the November 8, 2005 Election Ballot of a Four Year Term for Elective office of the Town Clerk

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, a public hearing on proposed Local Law # 6 of 2005 approving a four year term for the elective office of the Town Clerk of the Town of Beekman was duly held on September 12, 2005; now therefore be it

RESOLVED, that the Town Board of the Town of Beekman hereby adopts Local Law #6 authorizing that extending the term of office of Town Clerk from two years to four years shall be voted upon by the electorate of the Town of Beekman; and be it further

RESOLVED, that said local law which is subject to mandatory referendum, shall be submitted to the voters of the Town of Beekman for their approval at the next general election to be held on November 8, 2005; and be it further

RESOLVED, that this local law shall take effect immediately upon filing with the New York State Secretary of State upon approval by a majority of the electors voting thereon in accordance with the requirements of Section 27 of the Municipal Home Rule Law.


Seconded Councilwoman Barbara Zulauf


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

Dated: September 12, 2005

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RESOLUTION 9:12:05 - 17 Councilman Daniel French offers the following and moves its adoption:


WHEREAS, all levels of government require a well-informed citizenry in order to function in a manner that respects the due process rights 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, the minutes of public meetings of both the Town Board and Planning Board provide the public information about issues affecting the Town and therefore serve to deliver information on the content of said meetings to those who were not present; and

WHEREAS, Section 106 (1) of the Public Officers Law requires that minutes must be taken at all open meetings of a public body and that such minutes “shall consist of a record or summary of all motions, propositions, resolutions and any other matter formally voted upon and the vote thereon,” now therefore be it

RESOLVED, that minutes of public meetings of both the Town Board and Planning Board shall be posted on the website no more than ten (10) days from the date of the meeting, and be it further

RESOLVED, that the minutes of such meetings shall be posted under a specific link on the website to be entitled “Minutes of Meetings.


Seconded _________________________________ No Second

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


Dated: September 12, 2005

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