May 1, 2013
TOWN OF BEEKMAN
TOWN BOARD MEETING - Agenda
May 1, 2013
 
WORKSHOP SESSION 
7:00PM
  • Pledge of Allegiance
  • Administrative Announcement--Fire Exits
  • Presentation of MS-4 Stormwater Annual Report by Town Engineer Ron Evangelista 
7:30 PM 
REGULAR TOWN BOARD MEETING 
REPORTS
  • Supervisor’s Report
  • Town Board Reports
  • Public Comment on Agenda Items and Resolutions
 RESOLUTIONS
  1. To Approve Town Board Minutes
  2. To Approve the Retention of Sedore and Co. for an Audit of the Dover Ridge Water and Sewer Funds
  3. To Approve and Accept 2011 Audit Performed by O’Connor Davies
  4. To Reappoint Sharon Wohrman to the Board of Assessment Review
  5. To Retain O'Connor Davies for 2012 Audit
  6. To Approve Payment of Claims
  • Other Business
  • General Public Comment
  • General Board Comment 
Next Town Board Meeting will be held on May 15, 2013, at 7:30 pm at Town Hall. 
 
RESOLUTION NO. 05:01:13 – 1 (63)
To Approve 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 April 17, 2013,  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 April 17, 2013,Town Board Meeting. 
Seconded                                COUNCILMAN MANGERI
 
ROLL CALL VOTE:
Councilman Peter Barton                    ABSENT
Councilman Mike Moran                    ABSENT
Councilman Ron Mangeri                   AYE
Councilwoman Barbara Zulauf           AYE
Supervisor Matt Kennedy                   AYE 
Dated:  May 1, 2013
 
RESOLUTION NO. 05:01:13 – 2 (64)
To Approve the Retention of Sedore and Co. for an Audit of the Dover Ridge
Water and Sewer Funds 
 
SUPERVISOR KENNEDY                  offers the following and moves for its adoption: 
WHEREAS, the Town Board is desirous of obtaining an audit of both the Dover Ridge sewer fund and the Dover Ridge water fund; and 
WHEREAS, Sedore & Co., C.P.A.’s, Inc. is well-versed in audits of water and sewer districts, and indeed performs this service for the Dutchess County Water & Wastewater Authority; now therefore be it 
RESOLVED, that the Town Board does approve the retention of Sedore & Co., C.P.A.’s, P.C., to conduct an audit of the Dover Ridge Water and Sewer funds, and does authorize the Supervisor to execute an agreement with Sedore, in the form attached hereto. 
Seconded                    COUNCILWOMAN ZULAUF 
 
ROLL CALL:
Councilman Peter Barton                    ABSENT
Councilman Mike Moran                    ABSENT
Councilman Ron Mangeri                   AYE
Councilwoman Barbara Zulauf           AYE
Supervisor Matt Kennedy                   AYE 
Dated:  May 1, 2013
 
RESOLUTION NO. 05:01:13 – 3 (65)
To Approve and Accept 2011 Audit Performed by O’Connor Davies 
 
COUNCILMAN MANGERI                  offers the following and moves for its adoption: 
WHEREAS, O’Connor Davies has performed and completed the 2011 audit for the Town of Beekman and 
WHEREAS, the results from this audit have been submitted to the Town Board, now therefore be it 
RESOLVED, that the Town Board approves and accepts the 2011 audit performed by O’Connor Davies 
Seconded                SUPERVISOR KENNEDY
 
ROLL CALL:
Councilman Peter Barton                    ABSENT       
Councilman Mike Moran                    ABSENT
Councilman Ron Mangeri                   AYE
Councilwoman Barbara Zulauf           AYE
Supervisor Matt Kennedy                   AYE 
Dated:  May 1, 2013 
 
RESOLUTION NO. 05:01:13 – 4 (66)
To Reappoint Sharon Wohrman to the Board of Assessment Review 
 
COUNCILWOMAN ZULAUF           offers the following and moves for its adoption: 
WHEREAS, the Board of Assessment Review must maintain 5 members on the Board and 
WHEREAS, Sharon Wohrman is a member of this Board and her term expired September 30, 2012 and 
WHEREAS, Sharon Wohrman is desirous of retaining her position on this Board, now therefore be it 
RESOLVED, that Sharon Wohrman’s term has been renewed through
September 30, 2014. 
Seconded                    SUPERVISOR KENNEDY  
 
ROLL CALL:
Councilman Peter Barton                    ABSENT
Councilman Mike Moran                    ABSENT
Councilman Ron Mangeri                   AYE
Councilwoman Barbara Zulauf           AYE
Supervisor Matt Kennedy                   AYE 
Dated:  May 1, 2013 
 
RESOLUTION NO. 05:01:13 – 5 (67)
To Retain O'Connor Davies for 2012 Audit 
 
SUPERVISOR KENNEDY                offers the following and moves for its adoption: 
WHEREAS, the Town Board is desirous of having an audit performed for the year 2012 and 
WHEREAS, O’Connor Davies recently completed the Town’s 2011 audit, and has offered to perform an audit of the year 2012, and successive years, on the terms attached hereto, now therefore be it 
RESOLVED, that the Town Board does hereby authorize the Supervisor to execute the attached agreement with O’Connor Davies. 
Seconded                    COUNCILMAN MANGERI 
 
ROLL CALL:
Councilman Peter Barton                    ABSENT
Councilman Mike Moran                    ABSENT
Councilman Ron Mangeri                   AYE
Councilwoman Barbara Zulauf           AYE
Supervisor Matt Kennedy                   AYE 
Dated:  May 1, 2013 
 
RESOLUTION NO. 05:01:13 – 6 (68)
To Approve Payment of Claims
 
COUNCILMAN MANGERI                 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; now therefore be it
RESOLVED, that the payment, therefore, is hereby authorized as follows:                
 
Claims to be paid from the A-General Fund:                                     $ 83,349.46
Claims to be paid from CM-Special Recreation Fund:                       $   2,639.13   
Claims to be paid from DA-Highway:                                               $ 32,524.62
Claims to be paid from the SS-Dover Ridge Sewer:                          $      414.04   
Claims to be paid from the SW- Dover Ridge Water:                        $   3,386.44
                                                                                                   $122,313.69
                                                                                                           
   Payroll 9                                                          Paid                $58,115.48                                                          
General Fund:             $ 34,727.76
Highway Fund:           $ 23,387.76  
Seconded                    COUNCILWOMAN ZULAUF       
                     
ROLL CALL VOTE:
Councilman Peter Barton                    ABSENT                                           
Councilman Mike Moran                    ABSENT
Councilman Ron Mangeri                   AYE
Councilwoman Barbara Zulauf           AYE
Supervisor Matt Kennedy                   AYE 
Dated:  May 1, 2013 
 
RESOLUTION NO. 05:01:13 – Other Business
RE: To Set a Public Meeting for the Presentation of the Draft Annual MS4 Report
 
SUPERVISOR KENNEDY                   offers the following and moves for its adoption:  
BE IT RESOLVED, that on May 15, 2013 at the Town Hall, Town of Beekman, 4 Main Street, Poughquag, NY, during the workshop portion of the regular meeting of the Town Board, a presentation will be made by the Town Engineer to the Town Board and the general public on said report; and
BE IT FURTHER RESOLVED, that notice of the time and place of the aforementioned public meeting will be posted and published once on or before the 5th of May, 2013 in the Poughkeepsie Journal, a newspaper circulating in the Town of Beekman; and
BE IT FURTHER RESOLVED, that the public comment period will end on May 23, 2013 at 4:00 p.m., and all written or oral comments must be submitted to the Town Clerk’s Office by that date and time; and 
Seconded                    COUNCILMAN MANGERI
 
ROLL CALL VOTE:
Councilman Peter Barton:                   ABSENT
Councilman Mike Moran:                   ABSENT
Councilman Ron Mangeri:                  AYE
Councilwoman Barbara Zulauf:          AYE
Supervisor Matt Kennedy:                  AYE 
Dated:  May 1, 2013 
 
RESOLUTION ADOPTING SEQR FINDINGS AND CONSENT TO THE EXPANSION OF THE FOUR CORNERS WATER WORKS CORPORATION
 
Resolution offered by Town Board                            TOWN OF BEEKMAN. 
WHEREAS, SPECTRUM COMMUNITIES, LLC previously applied to the Town Board of East Fishkill for consent to form a Water Works Corporation, pursuant to Article 4 of the Transportation Corporations Law of the State of New York, which corporation was approved to supply water to a realty subdivision located in the Town of East Fishkill, County of Dutchess, State of New York, known as the Moore Property Development/Subdivision, and
WHEREAS, the name of the water works corporation heretofore approved and incorporated is the Four Corners Water Works Corporation; and
WHEREAS, the area to be served by the proposed Four Corners Water Works Corporation includes the entirety of the Moore Property Development/Subdivision in the Town of East Fishkill, and upon passage of an earlier Resolution, included the entirety of Tax Parcels 02-6658-00-266185 and 02-6658-00-224252, The Stone Ridge Estates Subdivision (hereinafter“Stone Ridge Estates”) in the Town of Beekman as well; and
WHEREAS, the Town Board of the Town of East Fishkill, by Resolution dated the 15th day of July, 2004, authorized the incorporation and operation of Four Corners Sewage Works Corporation; and
WHEREAS, Four Corners Water Works Corporation filed for bankruptcy and resulting in the operation of that sewer works corporation being taken over by the Town of East Fishkill; and
WHEREAS, the Town of East Fishkill is willing to provide water services to the Stone Ridge Estates Water Works Corporation, a transportation corporation to be formed, pursuant to a contract with that corporation once formed; and
WHEREAS, pursuant to Section 41 of the Transportation Corporation Law of the State of New York, no Certificate of Incorporation for a water works corporation can be filed until the governing body of the local municipality, in this case the Town Board of the Town of Beekman, and the Town Superintendent of Highways, shall authorize the filing of the Certification of Incorporation of said corporation, and
WHEREAS, pursuant to Section 41 of the Transportation Corporations Law, a water works corporation to be serviced by the Town of East Fishkill water facilities has delivered a written notice of its intent to form, together with engineering plans of the proposed water system, to the Dutchess County Department of Health, the applicable water authority in Dutchess County, and
WHEREAS, in accordance with Article 10 of the said Transportation Corporations Law, Stone Ridge Estates Water Works Corporation has submitted a copy of the maps, plan and specification of the proposed water system to the Town of East Fishkill; and
WHEREAS, the environmental review previously conducted and completed by the Town of Beekman Planning Board in connection with the Stone Ridge Estates Subdivision application considered the environmental impacts and mitigation measures associated with the proposed water system for the proposed subdivision development, and concluded with the issuance of SEQRA determination by the Planning Board on March 15, 2012; and                                                                   WHEREAS, said final subdivision approval has been extended by the Town of Beekman
Planning Board until August 21, 2013 so as to allow for the provision of sewer and water service
to the Subdivision; and
WHEREAS, the Town of East Fishkill is willing to enter into said contract for water services as evidenced by the _______________ attached hereto; and
WHEREAS, the Town of East Fishkill by Resolution dated the 26th day of July, 2007 determined that it would be beneficial to homeowners in the Town of East Fishkill to have the additional homes in the Stone Ridge Estates of Beekman subdivision in the Town of Beekman connected to the Four Corners, and now Town of East Fishkill, water system; and
WHEREFORE, Petitioner hereby requests the Town Board of the Town of Beekman grant their consent to the filing of the Certificate of Incorporation of the Stone Ridge Estates Water Works Corporation to allow for it to receive water services from the Town of East Fishkill Water Works and the Town of Beekman grants its consent to accept the regulatory authority of the Town of East Fishkill for water rate oversight.
NOW THEREFORE BE IT RESOLVED THAT:
  1. The Planning Board has previously, independently considered the relevant environmental impacts, facts, and conclusions disclosed as part of the prior    environmental review for the Stone Ridge Estates Subdivision as they relate to the approvals for water and sewer transportation corporations for the proposed development plan, and has also  independently weighed and balanced such relevant environmental impacts with the social, economic and other considerations by issuing its own SEQRA determination related to the approvals of water and sewer services, now certifies as follows: (a) the requirements of 6 NYCRR Part 617 have been met; (b) consistent with social, economic and other essential considerations from among the reasonable alternatives available, the proposed action before the Town Board is one that minimizes or avoids adverse environmental impacts disclosed in the Environmental Assessment Forms submitted to the Town of Beekman to the maximum extent practicable; (c) any adverse environmental effects revealed in the previously reviewed environmental process will be minimized or avoided to the maximum extent practicable by incorporating as conditions to the decision those mitigation measures which have been identified in the previously approved Stone Ridge Estates Subdivision within the Town of Beekman, and further finds that all the mitigation measures identified in the previously approved Environmental Assessment Forms submitted to the Town of Beekman are practicable; and
  1. The Town Board consents to the filing of the Certificate of Incorporation of the Stone Ridge Estates Water Works Corporation so as to provide water service to Stone Ridge Estates Subdivision in the Town of Beekman and authorizes the Supervisor to deliver the Certificate of Incorporation with attached consent form to the Town Board members and the Highway Superintendent for signature, when the Supervisor and Town Attorney are satisfied that the following conditions have been met:
  2. The certificate and all related documents shall be reviewed by the Town Engineer to confirm that they correctly describe the service area of the Stone Ridge Estates Water Works Corporation, and shall be certified as such by the Town Engineer.
 b.        The plans for the water works system shall be formally approved by the
            Dutchess County Health Department
3.         The Town Board consents to accept the regulatory authority of the Town of East Fishkill for water rate oversight for services provided by the Stone Ridge Estates Water Works Corporation to the Stone Ridge Estates Subdivision in the Town of Beekman.
The resolution was made by motion of   SUPERVISOR KENNEDY and seconded by COUNCILWOMAN ZULAUF.
The votes were as follows:
Matthew Kennedy - Town Supervisor           AYE
Peter Barton                                                    ABSENT
Ron Mangeri                                                   AYE
Michael Moran                                                ABSENT
Barbara Zulauf                                                AYE
Whereupon, the Resolution was declared adopted by the Town Board of the Town of Beekman this 1st day of May, 2013.
            CERTIFICATION
I, Rachael Rancourt, the duly qualified and acting Town Clerk for the Town of Beekman, Dutchess County, New York, do hereby certify that attached hereto is a true and correct copy of an extract from the minutes of a meeting of the Town Board of the Town of Beekman held on the 1st day of May, 2013, and that the resolution set forth herein is a true and correct copy of the resolution of the Town Board of said Town adopted at 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.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the said Town this 2nd day of May, 2013.
 
______________________________
Rachael Rancourt, Town Clerk
 
RESOLUTION ADOPTING SEQR FINDINGS AND CONSENTING TO THE INCORPORATION OF STONE RIDGE ESTATES SEWAGE WORKS CORPORATION 
Resolution offered by Town Board Member           SUPERVISOR KENNEDY 
WHEREAS, SPECTRUM COMMUNITIES, LLC previously applied to the Town Board of the Town of East Fishkill for consent to form a Sewage Works Corporation, pursuant to Article 10 of the Transportation Corporations Law of the State of New York, which corporation was approved to provide for the disposal, treatment and removal of sewage associated with a realty subdivision located in the Town of East Fishkill, County of Dutchess, State of New York, known as the Moore Property Development/Subdivision, and
WHEREAS, the name of the sewage works corporation heretofore approved and incorporated was the Four Corners Sewage Works Corporation, and
WHEREAS, the area to be served by the proposed Four Corners Sewage Works Corporation included the entirety of the proposed Moore Property Development/Subdivision, in the Town of East Fishkill, and upon passage of an earlier Resolution by this Board, included the entirety of Tax Parcels 02-6658-00-266185 and 02-6658-00-224252, The Stone Ridge Estates of Beekman Subdivision (hereinafter “Stone Ridge Estates”) in the Town of Beekman as well; and
WHEREAS, the Town Board of the Town of East Fishkill, by Resolution dated the 15th day of July, 2004, authorized the incorporation and operation of Four Corners Sewage Works Corporation; and
WHEREAS, Four Corners Sewage Works Corporation filed for bankruptcy and resulting in the operation of that sewer works corporation being taken over by the Town of East Fishkill; and
WHEREAS, the Town of East Fishkill is willing to provide sewage services to the Stone Ridge Estates Sewage Works Corporation, a transportation corporation to be formed, pursuant to a contract with that corporation once formed; and
WHEREAS, pursuant to Section 116 of the Transportation Corporation Law of the State of New York, no Certificate of Incorporation of a sewage works corporation can be filed until the governing body of the local municipality, in this case the Town Board of the Town of Beekman, shall authorize the filing of the Certification of Incorporation of said corporation, and
WHEREAS, Stone Ridge Estates has delivered a written notice of its intent to form a sewage works corporation to be serviced by the Town of East Fishkill sewage facilities, together with a map and specifications of the proposed sewage system to the Dutchess County Department of Health and the applicable authority in Dutchess County; and
WHEREAS, in accordance with Article 10 of the said Transportation Corporations Law, Stone Ridge Estates Sewage Works Corporation has submitted a copy of the maps, plan and specification of the proposed sewage system to the Town of East Fishkill; and
WHEREAS, the environmental review previously conducted and completed by the Town of Beekman Planning Board in connection with the Stone Ridge Estates Subdivision application considered the environmental impacts and mitigation measures associated with the proposed sewer system for the proposed subdivision development, and concluded with the issuance of SEQRA determination by the Planning Board on March 15, 2012; and
WHEREAS, said final subdivision approval has been extended by the Town of Beekman Planning Board until August 21, 2013 so as to allow for the provision of water and sewer service to the Stone Ridge Estates Subdivision; and
WHEREAS, the Town of East Fishkill is willing to enter into said contract for sewage services as evidenced by the _______________ attached hereto; and
WHEREAS, the Town of East Fishkill by Resolution dated the 26th day of July, 2007 determined that it would be beneficial to homeowners in the Town of East Fishkill to have the additional homes in the Stone Ridge Estates of Beekman subdivision in the Town of Beekman connected to the then Four Corners, and now Town of East Fishkill, sewage system; and
WHEREFORE, Petitioner hereby requests the Town Board of the Town of Beekman grant their consent to the filing of the Certificate of Incorporation of the Stone Ridge Estates Sewage Works Corporation to allow for it to receive sewer services from the Town of East Fishkill Sewage Works and the Town of Beekman grants its consent to accept the regulatory authority of the Town of East Fishkill for sewer rate oversight.
NOW THEREFORE BE IT RESOLVED THAT:
  1. The Planning Board has previously, independently considered the relevant environmental impacts, facts, and conclusions disclosed as part of the prior environmental review for the Stone Ridge Estates Subdivision as they relate to the approvals for water and sewer transportation corporations for the proposed development plan, and has also  independently weighed and balanced such relevant environmental impacts with the social, economic and other considerations by issuing its own SEQRA determination related to the approvals of water and sewer services, now certifies as follows: (a) the requirements of 6 NYCRR Part 617 have been met; (b) consistent with social, economic and other essential considerations from among the reasonable alternatives available, the proposed action before the Town Board is one that minimizes or avoids adverse environmental impacts disclosed in the Environmental Assessment Forms submitted to the Town of Beekman to the maximum extent practicable; (c) any adverse environmental effects revealed in the previously reviewed environmental process will be minimized or avoided to the maximum extent practicable by incorporating as conditions to the decision those mitigation measures which have been identified in the previously approved Stone Ridge Estates Subdivision within the Town of Beekman, and further finds that all the mitigation measures identified in the previously approved Stone Ridge Estates Environmental Assessment Forms submitted to the Town of Beekman are practicable; and
  2. The Town Board consents to the filing of the Certificate of Incorporation of the Stone Ridge Estates Sewage Works Corporation so as to provide sewer service to Stone Ridge Estates Subdivision in the Town of Beekman and authorizes the Supervisor to deliver the Certificate of Incorporation with attached consent form to the Town Board members and the Highway Superintendent for signature, when the Supervisor and Town Attorney are satisfied that the following conditions have been met:
  3. The certificate and all related documents shall be reviewed by the Town Engineer to confirm that they correctly describe the service area of the Stone Ridge Estates Sewage Works Corporation, and shall be certified as such by the Town Engineer.
  4. The plans for the sewer works system shall be formally approved by the Dutchess County Health Department.
3.         The Town Board consents to accept the regulatory authority of the Town of East Fishkill for sewer rate oversight for services provided by the Stone Ridge Estates Sewage Works Corporation to the Stone Ridge Estates Subdivision in the Town of Beekman.
The resolution was made by motion of    SUPERVISOR KENNEDY and seconded by COUNCILWOMAN ZULAUF.
The votes were as follows:
Matthew Kennedy - Town Supervisor           AYE
Peter Barton                                                    ABSENT
Ron Mangeri                                                   AYE
Michael Moran                                                ABSENT
Barbara Zulauf                                                AYE
Whereupon, the Resolution was declared adopted by the Town Board of the Town of Beekman this 1st day of May, 2013.
            CERTIFICATION
I, Rachael Rancourt, the duly qualified and acting Town Clerk for the Town of Beekman, Dutchess County, New York, do hereby certify that attached hereto is a true and correct copy of an extract from the minutes of a meeting of the Town Board of the Town of Beekman held on the 1st day of May, 2013, and that the resolution set forth herein is a true and correct copy of the resolution of the Town Board of said Town adopted at 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.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the said Town this 2nd day of May, 2013.
 
______________________________
Rachael Rancourt, Town Clerk 
 
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