Town of Beekman Resolutions from November 21, 2005 meeting.

Go to - RESOLUTION 11:21:05 - 1 Adoption of the 2006 Annual Budget
Go to - RESOLUTION 11:21:05 - 2 An Intermunicipal Agreement for the Creation of a Regulated MS4 Coordination Committee
Go to - RESOLUTION 11:21:05 - 3 To Affirm and Adopt Pawling Lake Assessment Roll to Finance Improvements

 

RESOLUTION 11:21:05 - 1 RE: Adoption of the 2006 Annual Budget

Councilman Werner Stiegler offers the following and moves its adoption:


WHEREAS, the Town Board of the Town of Beekman has met and considered the tentative and preliminary budgets for the fiscal year beginning January 1, 2006 and has conducted a public hearing thereon on November 7, 2005, as required by §108 of the Town Law of the State of New York; now therefore be it

RESOLVED, that the 2006 budget as changed, altered and revised and as attached hereto, is hereby adopted as the annual budget of the Town of Beekman for the fiscal year beginning on January 1, 2006, and the same shall be entered in the minutes of the Town Board.


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: November 21, 2005

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RESOLUTION 11:21:05 - 2 An Intermunicipal Agreement for the Creation of a Regulated MS4 Coordination Committee

Introduced By: Supervisor John D. Adams_____________________________________


Seconded By: Councilman Thomas Kinsley____________________________________


Date of Consideration/Adoption: November 21, 2005_____________________________


WHEREAS, the Town of Beekman has been designated as operating a Municipal Separate Storm Sewer System regulated under the New York State Department of Environmental Conservation Phase II Stormwater Small MS4 Permit (State Pollutant Discharge Elimination System GP-02-02), and has filed a Notice of Intent for coverage under GP-02-02; and

WHEREAS, as a condition of obtaining coverage under GP-02-02, the Town of Beekman must design a stormwater management program that addresses six (6) Minimum Control Measures designed to protect the quality, and to control the quantity, of stormwater runoff; and which (where applicable) also must achieve a reduction of any pollutant of concern specified in any Total Maximum Daily Load or 303(d) listing for any watershed that is in part encompassed by a designated MS4; and

WHEREAS, the 303(d) list designates pollutants of concern for Fallkill Creek, Hillside Lake, and Wappingers Lake that must be reduced to the greatest extent possible under the Phase II Stormwater Program; and

WHEREAS, the Town of Beekman recognizes that it is advantageous to participate in a coordinated approach to developing means to address the six Minimum Control Measures and other requirements of the Phase II Stormwater Program; and

WHEREAS, there has been proposed an intermunicipal organization entitled the Dutchess County MS4 Coordination Committee, which consists of one or more of the designated MS4 jurisdictions within Dutchess County; and

WHEREAS, it is the purpose of the committee to promote a discussion of those issues of mutual concern with regard to the implementation of the Phase II Stormwater program that face the aforementioned communities, to propose recommendations and make reports that identify mutually beneficial solutions to the concerns facing the participating communities and to seek funding sources that may help to accomplish the goals of the Committee and the participating municipalities; and

WHEREAS an intermunicipal organization will also provide a mechanism for coordinating the implementation of regional solutions by the municipalities; and

WHEREAS the Town of Beekman recognizes that it is beneficial to promoting the future health, safety, and general welfare of the populace of the Town of Beekman to participate in the aforementioned intermunicipal organization, which will address the requirements of the Phase II Stormwater program; and

WHEREAS, General Municipal Law Article 5-G and Article 5-J grants the authority to local municipalities to enter into intermunicipal agreements in the furtherance of planning for the future of the municipalities;

NOW THEREFORE BE IT RESOLVED that the Town of Beekman supports the creation of an intermunicipal organization of the regulated Dutchess County MS4 municipal corporations, and that by adoption of this resolution acknowledges its participation in said organization; and

FURTHER BE IT RESOLVED that the Town of Beekman, having expressed its desire to participate in said intermunicipal cooperative, appoints the Town Supervisor, John Adams to represent the Town of Beekman on the Dutchess County MS4 Coordination Committee.

FURTHER BE IT RESOLVED that the Town of Beekman does also hereby ratify the Bylaws of the Dutchess County MS4 Coordination Committee attached hereto.

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

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

I, ____________________________________________, the Town Clerk of the Town of Beekman, do hereby certify that the above is a true and exact copy of a resolution adopted by the Town of Beekman at a meeting of said Board on ________________________.

DATED:_______________________________

______________________________
Recording Officer

Dutchess County MS4 Coordination Committee

Bylaws adopted DATE_________________________

Article I. Title and Purpose.

1.1 Title

The Organization shall be known as the Dutchess County MS4 Coordination Committee (hereafter the Committee).

1.2 Purpose

The purpose of the Committee is to foster the cooperation and exchange of information among the participating jurisdictions in addressing issues of mutual concern related to compliance with the Phase II Stormwater regulations; to promote a discussion of issues relating to the Phase II Stormwater program facing the aforementioned jurisdictions; to propose recommendations and make reports that identify mutually beneficial solutions to the concerns facing the participating communities; to seek funding sources that may help to accomplish the goals of the Committee and the participating municipalities, and to disburse funds as may be required.

Article II. Membership.

2.1 Participating Members

A. Upon the adoption of a resolution acknowledging their desire to participate in the Committee, the following municipalities shall be considered as participating members in the intermunicipal cooperative.

1. City of Beacon
2. City of Poughkeepsie
3. County of Dutchess
4. Town of Beekman
5. Town of East Fishkill
6. Town of Fishkill
7. Town of Hyde Park
8. Town of LaGrange
9. Town of Pawling
10. Town of Pleasant Valley
11. Town of Poughkeepsie
12. Town of Wappinger
13. Village of Fishkill
14. Village of Pawling
15. Village of Wappingers Falls

B. Each resolution acknowledging participation in the Committee shall name a representative, who shall represent the municipality on the Committee and shall have all rights and privileges of each and every member thereon.

2.2. Ex Officio Members

A. The Committee shall include as Ex-Officio members the nine Town Supervisors, five Mayors, Dutchess County Soil and Water Conservation District, Dutchess County Department of Public Works, and New York State Department of Transportation. Such Ex-Officio members of the Committee shall be non-voting members, excepting where a Town Supervisor or Mayor has been appointed to the Committee as a voting member due to their designation as the Stormwater Contact for the municipality in matters related to the Phase II Stormwater Permit.
B. The Committee may also designate other Ex-Officio members as may be deemed appropriate.

2.3 New Members

Subsequent to the third meeting of the Committee, any municipality wishing to participate in the cooperative must be approved by a majority of the legislative bodies of the municipalities who are members at the time of application.

2.4 Termination

A municipality may terminate its membership upon adoption of a resolution by the legislative body of that municipality.

Artcle III. Procedures

3.1 Quorum

At all meetings of the Committee, the presence of a majority of the whole number of the Committee shall constitute a quorum for the transaction of business.

3.2 Regular Meetings

The Committee shall set the time and place of the meetings, excepting as provided under Section 3.3.

3.3 Special Meetings

Special meetings of the Committee may be called by the Chairman on seven (7) days notice to each Committee member, either personally or by mail. Special meetings may also be called, in a like manner and on like notice, at the request of three (3) or more members of the Committee.

3.4 Voting

Each participating member shall be entitled to one vote which shall only be exercised by the individual appointed to serve on the Committee by the Legislative Body of their respective municipality. All issues shall be decided by a simple majority of those present at the meeting in which the vote takes place, unless otherwise noted.

3.5 Powers

The Committee shall have the following powers:

A. To seek, receive, disburse and distribute funding to accomplish the goals of the Organization including grants and donations.

1. All disbursement of funds shall be approved by a majority of the Committee.
2. The Chairman and Vice-Chairman shall be authorized to endorse checks on behalf of the Committee and any checks for an authorized disbursement shall contain the endorsement of both the Chairman and Vice-Chairman.

B. To prepare such reports, studies, publications, recommendations, and other works as may be necessary to accomplish the goals of the Committee.
C. To retain and employ consultants and staff within the limitations of any funding received by the organization.
D. To appoint additional sub-committees as may be advantageous to furthering the goals of the Committee.

3.6 Limitations

The Committee shall not have the power or authority to place any special duty or requirement or financial obligation on any one or more of the participating members.

Article IV. Officers.

4.1 Officers

A. The Committee shall elect by a majority, from amongst its members a Chairman, a Vice-Chairman, and a Secretary.

1. The Chairman shall preside at each meeting.
2. The Vice-Chairman shall preside in the absence of the Chairman. The Vice-Chairman shall also have primary responsibility for the finances of the Committee. The Vice-Chairman shall ensure that an adequate balance is maintained, and that accurate records are kept. The Vice-Chairman shall be responsible for balancing accounting reports against all monies allocated.
3. The Secretary shall be responsible for recording the minutes of all meetings and maintaining a file of the Committee’s records.

Article V. Sub-committees

The Committee may create such sub-committees as may be needed, whose members shall be appointed by the Committee. The sub-committees shall report directly to the Committee.

Article VI. Amendments

These bylaws may be amended upon an affirmative recommendation of the Dutchess County MS4 Coordination Committee and upon approval of two-thirds of the legislative body of the participating municipalities.

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RESOLUTION 11:21:05 - 3 RE: To Affirm and Adopt Pawling Lake Assessment Roll to Finance Improvements

Councilman Daniel French offers the following and moves its adoption:

WHEREAS, the Assessor to the Town of Beekman completed and filed the assessment-roll for the Pawling Lake Estates Road Improvement District pursuant to Article 15 of the New York State Town Law; and

WHEREAS, the Town Board caused due notice of the completion of the assessment-roll and of the time and place wherein the Town Board would meet and hear and consider any objections to the roll to be duly published according to law; and

WHEREAS, the Town Board did meet at the Town Hall, 4 Main Street, Poughquag in the Town of Beekman, New York, at the time and place specified in the notice, and heard and considered all objections to said assessment-roll; now therefore be it

RESOLVED, that the Pawling Lake Estate Road Improvement District assessment-roll be and is hereby affirmed and adopted as originally proposed and filed in the office of the Town Clerk of the Town of Beekman; and be it further

RESOLVED, that the Town Clerk shall annex to said assessment roll a warrant which shall be signed by the Supervisor of the Town of Beekman, and countersigned by the Town Clerk, commanding the Receiver of Taxes and Assessments to collect from the several persons named therein the sum or sums opposite their respective names and to pay the same to said Supervisor.


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: November 21, 2005



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