April 11, 2012

TOWN OF BEEKMAN
TOWN BOARD MEETING - Agenda
April 11, 2012


RESOLUTIONS
1. Approval of the Town Board Minutes
2. Proclaiming April 2012 Parkinson’s Awareness Month in the Town of Beekman
3. To Amend Resolution No. 03:21:12 – 2 “To Appoint Volunteers onto Town of Beekman Committees”
4. To Authorize Concession Stand Services at Recreation Park
5. To Set a Public Hearing to Discuss the Proposed Flood Plain
6. Authorizing the Sale of Old Phone System Equipment
7. Authorizing a Performance Bond Release for the Gallagher Subdivision Project
8. Authorizing a Cash Bond Release for the Completion of the Beyer Drive Stormwater Pond
9. To Waive Building Permit and Planning Board Fees for the Ryan McElroy Children’s Cancer Foundation
10. Payment of Claims

 

RESOLUTION NO. 04:11:12 – 1 (61)
RE: Approval of Town Board Minutes

COUNCILWOMAN ZULAUF offers the following and moves for its adoption:

WHEREAS, Town Clerk Rachael Rancourt has provided copies of the minutes of the March 21, 2012, Town Board Meeting to all members of the Beekman Town Board; and

WHEREAS, Town Board members have had the opportunity to review said minutes, and find same to be in order; now therefore be it

RESOLVED, the Town Board hereby adopts the minutes of the March 21, 2012, Town Board Meeting.

Seconded COUNCILMAN MANGERI

ROLL CALL VOTE:
Councilman Peter Barton: AYE
Councilman Mike Moran: ABSENT
Councilman Ron Mangeri: AYE
Councilwoman Barbara Zulauf: AYE
Supervisor Matt Kennedy: AYE

Dated: April 11, 2012

 

RESOLUTION NO. 04:11:12 – 3 (63)
RE: To Amend Resolution No. 03:21:12 – 2 “To Appoint Volunteers onto
Town of Beekman Committees

SUPERVISOR KENNEDY offers the following and moves for its adoption:

WHEREAS, New York State Real Property Tax Law states that the terms of Board of Assessment Review members begin on October 1st and end on September 30th; and

WHEREAS, the Dutchess County Real Property Tax Service agency has requested that the Town of Beekman amend Resolution No. 03:21:12 – 2 so that Tamara LaBarbera’s appointment to the Board of Assessment Review ends on September 30, 2016, in accordance with New York State Real Property Tax Law; now therefore be it

RESOLVED, that the Town Board hereby amends Resolution No. 03:21:12 – 2 and sets Tamara LaBarbera’s term on the Board of Assessment Review to end on September 30, 2012.

Seconded COUNCILWOMAN ZULAUF

ROLL CALL VOTE:
Councilman Peter Barton: AYE
Councilman Mike Moran: ABSENT
Councilman Ron Mangeri: AYE
Councilwoman Barbara Zulauf: AYE
Supervisor Matt Kennedy: AYE

Dated: April 11, 2012

 

RESOLUTION NO. 04:11:12 – 4 (64)
RE: To Authorize Concession Stand Services at Recreation Park

COUNCILMAN MANGERI offers the following and moves for its adoption:

WHEREAS, Old School Catering has provided concession stand services for Recreation Park during the 2010 and 2011 summer seasons; and

WHEREAS, the Town Board desires to enter into an agreement with Old School Catering to manage and provide concession stand services for Recreation Park for the 2012 and 2013 summer seasons; and

WHEREAS, the Town Attorney has reviewed said agreement; now therefore be it

RESOLVED, that the Town Board hereby authorizes the Supervisor to enter into an agreement with Old School Catering, attached hereto.

Seconded COUNCILMAN BARTON

ROLL CALL VOTE:
Councilman Peter Barton: AYE
Councilman Mike Moran: ABSENT
Councilman Ron Mangeri: AYE
Councilwoman Barbara Zulauf: AYE
Supervisor Matt Kennedy: AYE

Dated: April 11, 2012

 

RESOLUTION NO. 04:11:12 – 5 (65)
RE: Introducing Local Law #1 of 2012 Regarding Flood Damage Prevention and Establishing a Public Hearing

COUNCILWOMAN ZULAUF offers the following and moves for its adoption:

WHEREAS, the Town Board of the Town of Beekman desires to adopt regulations designed to (a) promote the health, safety and general welfare, (b) minimize public and private losses due to flood-prone areas within the Town; and

WHEREAS, the Town of Beekman currently has a “Flood Damage Prevention Law” which is codified at Chapter 83 of the Town of Beekman Code; and

WHEREAS, the Town of Beekman is considering repealing its existing Flood Damage Prevention Law in its entirety and replacing it with a new Local Law entitled “Flood Damage Prevention”; and

WHEREAS, by this Resolution the Town Board does introduce a proposed Local Law entitled “A Local Law of the Town of Beekman, Dutchess County, New York, repealing Chapter 83 of the Code of the Town of Beekman and adopting a new Flood Damage Prevention Law,” being Local Law 1 of 2012, a copy of which is attached hereto; and

RESOLVED, that a Public Hearing on the aforementioned law shall be held on the 2nd day of May at 6:45 PM at Beekman Town Hall located at 4 Main Street, Poughquag, NY 12570; and be it further

RESOLVED, that notice of the time and place of the aforementioned public hearing shall be posted and published once on or before the 22nd of April, 2012 in the Poughkeepsie Journal, a newspaper circulating in the Town of Beekman; and be it further

RESOLVED, the proposed local law, prepared by the Town Attorney, be filed in the Town Clerk’s Office and posted on the Town’s website for review by any and all interested parties.

Seconded COUNCILMAN BARTON

ROLL CALL VOTE:
Councilman Peter Barton: AYE
Councilman Mike Moran: ABSENT
Councilman Ron Mangeri: AYE
Councilwoman Barbara Zulauf: AYE
Supervisor Matt Kennedy: AYE

Dated: April 11, 2012

 

RESOLUTION NO. 04:11:12 – 2 (62)
RE: Proclaiming April 2012 Parkinson’s Awareness Month in the Town of Beekman

COUNCILMAN BARTON offers the following and moves for its adoption:

WHEREAS, Parkinson’s disease is a progressive neurological movement disorder of the central nervous system, which has a unique impact on each patient; and

WHEREAS, according to the Parkinson’s Action Network, the Parkinson’s Disease Foundation, the American Parkinson’s Disease Association, and the National Institutes of Health, there are over one million Americans diagnosed with Parkinson’s Disease; and

WHEREAS, symptoms include slowness, tremor, difficulty with balance and speaking, rigidity, cognitive, and memory problems; and

WHEREAS, although new medicines and therapies may enhance life for some time for people with Parkinson’s, more work is needed for a cure; and

WHEREAS, increased education and research are needed to help to help find more effective treatments with fewer side effects and ultimately a cure for Parkinson’s disease; and

WHEREAS, a multidisciplinary approach to Parkinson’s disease care includes local wellness, support, and caregiver groups; and

WHEREAS, April has been proclaimed Worldwide Parkinson’s Awareness Month for all to recognize the need for more research and more help in dealing with the devastating effects of Parkinson’s disease; now therefore be it

RESOLVED, that the Town Board hereby proclaims April 2012 Parkinson’s Awareness Month in the Town of Beekman.

Seconded SUPERVISOR KENNEDY

ROLL CALL VOTE:
Councilman Peter Barton: AYE
Councilman Mike Moran: ABSENT
Councilman Ron Mangeri: AYE
Councilwoman Barbara Zulauf: AYE
Supervisor Matt Kennedy: AYE

Dated: April 11, 2012

 

RESOLUTION NO. 04:11:12 – 6 (66)
RE: Authorizing the Sale of Town of Beekman Office Supplies and Equipment

COUNCILMAN BARTON offers the following and moves for its adoption:

WHEREAS, the Town has recently implemented and installed a new phone system, which replaced old and outdated equipment; and

WHEREAS, said equipment has no value or use to the Town; and

WHEREAS, the sale of these used phones could potentially generate revenue for the Town; now therefore be it

RESOLVED, that the Town Board hereby authorizes the Town Comptroller to administer the sale of the old phone equipment in a manner that best serves the Town.

Seconded SUPERVISOR KENNEDY

ROLL CALL VOTE:
Councilman Peter Barton: AYE
Councilman Mike Moran: ABSENT
Councilman Ron Mangeri: AYE
Councilwoman Barbara Zulauf: AYE
Supervisor Matt Kennedy: AYE

Dated: April 11, 2012

 

RESOLUTION NO. 04:11:12 – 7 (67)
RE: Authorizing a Performance Bond Release for the Gallagher Subdivision Project

SUPERVISOR KENNEDY offers the following and moves for its adoption:

WHEREAS, Michael Gallagher has requested a Performance Bond release for the Gallagher subdivision project located on Beyer Drive; and

WHEREAS, Michael Gallagher’s Performance Bond #40050725 has been posted in the amount of $50,130.00 for the Gallagher Subdivision; and

WHEREAS, the Town Engineer has reviewed the request and has recommended a release of the entire $50,130.00 bond; and

WHEREAS, the Town Attorney has also been consulted in this matter; now therefore be it

RESOLVED, that the Town Board hereby authorizes a Performance Bond release of the entire
$50,130.00 for the Gallagher Subdivision project, closing it out completely.

Seconded COUNCILWOMAN ZULAUF

ROLL CALL VOTE:
Councilman Peter Barton: AYE
Councilman Mike Moran: ABSENT
Councilman Ron Mangeri: AYE
Councilwoman Barbara Zulauf: AYE
Supervisor Matt Kennedy: AYE

Dated: April 11, 2012

 

RESOLUTION NO. 04:11:12 – 8 (68)
RE: Authorizing a Cash Bond Release for the Completion of the
Beyer Drive Stormwater Pond

COUNCILMAN MANGERI offers the following and moves for its adoption:

WHEREAS, D&J Custom Built Homes, Inc has requested a Cash Bond release for the completion of the Beyer Drive Stormwater Pond located on lot 31B along Beyer Drive; and

WHEREAS, D&J Custom Built Homes, Inc’s Cash Bond has been posted with the Town in the amount of $15,000.00; and

WHEREAS, the Town Engineer has reviewed the request and has recommended a release of the entire $15,000.00; and

WHEREAS, the Town Attorney has also been consulted in this matter; now therefore be it

RESOLVED, that the Town Board hereby authorizes the release of the Cash Bond in the amount
$15,000.00 for the completion of the Beyer Drive Stormwater Pond by D&J Custom Built Homes, Inc., closing it out completely.

Seconded COUNCILMAN BARTON

ROLL CALL VOTE:
Councilman Peter Barton: AYE
Councilman Mike Moran: ABSENT
Councilman Ron Mangeri: AYE
Councilwoman Barbara Zulauf: AYE
Supervisor Matt Kennedy: AYE

Dated: April 11, 2012

 

RESOLUTION NO. 04:11:12 – 9 (69)
RE: To Waive Building Permit and Planning Board Fees for the
Ryan McElroy Children’s Cancer Foundation

COUNCILWOMAN ZULAUF offers the following and moves for its adoption:

WHEREAS, the Ryan McElroy Children’s Cancer Foundation’s mission is to raise funds to support the children living in our community who are afflicted by cancer and other life threatening diseases by improving the quality of life for them and their families while they courageously battle these devastating diseases; and

WHEREAS, the Ryan McElroy Children’s Cancer Foundation is a 501-c3 charity currently located in Pawling, NY; and

WHEREAS, the Foundation is building the “House of Hope,” a small facility on Gardner Hollow Road where families can visit for assistance while their children are undergoing treatment; and

WHEREAS, the Ryan McElroy Childrens’ Cancer Foundation has requested that the Town Board waive building permit and planning board fees for this project; now therefore be it

RESOLVED, that the Town Board hereby waives the building permit and planning board fees for the construction of the Ryan McElroy Children’s Cancer Foundation facility called “House of Hope” on Gardner Hollow Road.

Seconded COUNCILMAN BARTON

ROLL CALL VOTE:
Councilman Peter Barton: AYE
Councilman Mike Moran: ABSENT
Councilman Ron Mangeri: AYE
Councilwoman Barbara Zulauf: AYE
Supervisor Matt Kennedy: AYE

Dated: April 11, 2012

 

RESOLUTION NO. 04:11:12 – 10 (70)
RE: Payment of Claims

COUNCILMAN BARTON offers the following and moves for its adoption:

WHEREAS, the Comptroller has audited and approved claims pursuant to Sect. 119 of Town Law as set forth in the attached abstracts; be it

RESOLVED, that the payment, therefore, is hereby authorized as follows:

Claims to be paid from the A-General Fund: $ 46,474.17

Claims to be paid from the CM-Special Recreation Fund: $ 118,654.85

Claims to be paid from the DA-Highway Fund: $ 13,204.14

Claims to be paid from the SS-Dover Ridge Sewer Fund: $ 425.00

Claims to be paid from the SW-Dover Ridge Water Fund: $ 2,880.04

Claims to be paid from the T-Trust & Agency Fund: $ 13,471.51

Payroll 7 Paid 3/29/2012 $ 48,864.41
General Fund: $ 33,609.98
Highway Fund: $ 15,254.43

Seconded COUNCILMAN MANGERI

ROLL CALL VOTE:
Councilman Peter Barton: AYE
Councilman Mike Moran: ABSENT
Councilman Ron Mangeri: AYE
Councilwoman Barbara Zulauf: AYE
Supervisor Matt Kennedy: AYE

Dated: April 11, 2012

 
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