December 18, 2006
  • RESOLUTION 12:18:06 - 1 Board Appointments for 2007 - Planning Board & Recreation Commission
  • RESOLUTION 12:18:06 - 2 To Request DCWWA to Evaluate the Feasibility Of Water and Sewer Service to Alaina Estates
  • RESOLUTION 12:18:06 - 3 Appointing Special Planning Consultant for Martin Road Subdivision
  • RESOLUTION 12:18:06 - 4 Authorizing Cancellation of a Portion of Capital Debt – Dover Ridge Sewer District
  • RESOLUTION 12:18:06 - 5 Authorizing New User Rates for the Dover Ridge Water and Sewer District
  • RESOLUTION 12:18:06 - 6 To Adopt Amendment to the Town Code Section 155-56 H – Driveways
  • RESOLUTION 12:18:06 - 7 Authorizing the Participation in the Dutchess County Emergency Medical Services Mutual Aid Plan
  • RESOLUTION 12:18:06 - 8 Bond Reduction for Ginese Subdivision
  • RESOLUTION 12:18:06 - 9 Authorizing SRF Funds for the Installation of the Mini Golf Course
  • RESOLUTION 12:18:06 - 10 Appointment of Interim Building Inspector
  • RESOLUTION 12:18:06 - 11 Authorizing Litigation Resolution by the Town Attorney
  • RESOLUTION 12:18:06 - 12 In Support of Historic Recognition of “The Old Upper Road” And Declaring Local Lead Agency
  • RESOLUTION 12:18:06 - 13 To Set Bond for Pond Hill Professional Building
  • RESOLUTION 12:18:06 - 14 To Set Bond for Precision Auto Body
  • RESOLUTION 12:18:06 - 15 Authorizing the Purchase of Roadside Historical Markers
  • RESOLUTION 12:18:06 - 16 To Waive 30 Day Notice for Liquor License Application – Tailgater’s Grille
  • RESOLUTION 12:18:06 - 17 Authorizing Engineering Report – Recreation Park Swimming Facility

RESOLUTION 12:18:06 - 1
Board Appointments for 2007 - Planning Board & Recreation Commission

Councilman Daniel French offers the following and moves its adoption:

WHEREAS, the Town Board will make appointments to the various boards; now therefore be it

RESOLVED, that the Town Board hereby makes the following appointments effective January 1, 2007:

Planning Board: Peter Poltrack                   Term to expire December 31, 2013
Recreation Commission:   Janeen Cunningham           Term to expire December 31, 2013

and be it further RESOLVED, that Mr. Poltrack and Ms.Cunningham shall file their Oath of Office with the Town Clerk of the Town of Beekman prior to serving their term.

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: December 18, 2006

RESOLUTION 12:18:06 - 2 To Request DCWWA to Evaluate the Feasibility Of Water and Sewer Service to Alaina Estates

Councilman Thomas Kinsley offers the following and moves its adoption:

WHEREAS, the owners of Alaina Estates, a proposed seventeen family home subdivision located on Beekman-Poughquag Road, have requested that the appropriate engineering studies be conducted to ensure the capability of providing water and sewer services to the residents of the proposed subdivision; and

WHEREAS, the proposed subdivision is located in an area serviced by the Dalton Farms Water System and the Dalton Farms Wastewater System, which is owned by the Dutchess County Water and Wastewater Authority; now therefore be it

RESOLVED, that the Town Board of the Town of Beekman hereby requests the Dutchess County Water and Wastewater Authority to evaluate the feasibility of providing water and sewer service to the proposed subdivision from the Dalton Farms Water System and the Dalton Farms Wastewater System; and be it further

RESOLVED, that should the Authority deem the project feasible, the Town will once again be consulted to support the project.

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: December 18, 2006

RESOLUTION 12:18:06 - 3 Appointing Special Planning Consultant for Martin Road Subdivision

Councilman Thomas Kinsley offers the following and moves its adoption:

WHEREAS, the developer for the Martin Road Subdivision has made application for the construction of 36 single family homes located on both Martin Road and Old Martin Road in the Town of Beekman; and

WHEREAS, the Town of Beekman Planning Board recommends that it is in the best interest of the Town and the applicant to use a planning consultant to assist the Planning Board in the performance of a coordinated SEQRA review; now therefore be it

RESOLVED, that Mr. Arthur Brod of Planners East, Inc., who also advises the Planning Board on other projects in the Town, be and hereby is appointed as the Planning Board SEQRA consultant for the Martin Road Subdivision Project; and be it further

RESOLVED, that Mr. Brod’s professional fees will be paid from the developer’s escrow account established for this project.

Seconded Councilwoman Barbara Zulauf

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

December 18, 2006

RESOLUTION 12:18:06 - 4 Authorizing Cancellation of a Portion of Capital Debt – Dover Ridge Sewer District

Supervisor John Adams offers the following and moves its adoption:

WHEREAS, the Town Board of the Town of Beekman is responsible for the operation and management of the Dover Ridge Sewer District; and

WHEREAS, the Town’s General Fund has advanced money on behalf of the Dover Ridge Sewer District for the capital improvement costs and costs associated with the operation and management of the system; and

WHEREAS, the Dover Ridge Sewer District’s debt to the Town for above costs is $443,616.41; and

WHEREAS, this debt was the subject of a Risk Assessment by the Office of the New York State Comptroller in 2005; and

WHEREAS, the Town of Beekman submitted a plan to the State Comptroller’s office for repayment of this debt by the Dover Ridge Sewer District; and

WHEREAS, the plan submitted by the Town of Beekman included cancellation of a portion of that debt identified as having been incurred as the result of ineffectual efforts undertaken to correct sewer treatment problems; and

WHEREAS, $123,667.65 in engineering and legal expenses have been so identified; now therefore be it

RESOLVED, that the Town Board hereby authorizes the cancellation of $123,667.65 of the Dover Ridge Sewer District Capital debt; and be it further

RESOLVED, that the Town Board hereby directs the Supervisor to reflect this cancellation of debt in the Town’s 2006 financial statement.

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: December 18, 2006

RESOLUTION 12:18:06 - 5 Authorizing New User Rates for the Dover Ridge Water and Sewer District

Councilwoman Barbara Zulauf offers the following and moves its adoption:

WHEREAS, the Town Board of the Town of Beekman is responsible for the operation and management of the Dover Ridge Water and Sewer District; and

WHEREAS, a public hearing was duly held on December 4, 2006 on adjusting the water and sewer rates to reflect the actual costs of operating the water and sewer districts; now therefore be it

RESOLVED, that effective January 1, 2007, quarterly invoices sent to all homeowners of the Dover Ridge Estates for water usage and sewer service will reflect the following rates:

Water Usage:          $  74.77
Sewer Service:        $181.80

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: December 18, 2006

RESOLUTION 12:18:06 - 6 : To Adopt Amendment to the Town Code Section 155-56 H – Driveways

Councilman Daniel French offers the following and moves its adoption:

WHEREAS, a public hearing was duly held on December 4, 2006 on proposed revisions to the current Town Code Section 155-56 H – Driveways, which will address safety issues not contained in the current code; now therefore be it

RESOLVED, that the Town Board hereby adopts Local Law #6 of 2006 amending Section 155-56 H – Driveways - of the Town Code; and be it further

RESOLVED, that certified copies of this Local Law be filed immediately 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 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: December 18, 2006

RESOLUTION 12:18:06 - 7 Authorizing the Participation in the Dutchess County Emergency Medical Services Mutual Aid Plan

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, the Dutchess County Department of Emergency Response has recommended the adoption of an Emergency Medical Services Mutual Aid Plan for the County of Dutchess in order to provide an efficient and cost effective emergency service system; now therefore be it

RESOLVED, that the Town Board hereby authorizes the participation of the Town of Beekman in the Dutchess County Emergency Medical Services Mutual Aid Plan and certifies to the Dutchess County Legislature through the Dutchess County Emergency Response Coordinator that no restrictions exist against “outside service” by such EMS Agency or Fire District herein within meaning of Section 209-b of the NYS General Municipal Law and Chapter VI Title 10 (Health) State Emergency Medical Services Code Part 800 which would effect the power of said EMS Agency or Fire District to participate in such plan; and be it further

RESOLVED, that a copy of this resolution be filed with the Dutchess County Emergency Response Coordinator; and be it further

RESOLVED, that this Resolution supersedes all previous like resolutions.

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: December 18, 2006

RESOLUTION 12:18:06 - 8 Bond Reduction for Ginese Subdivision

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, the Town Board is authorized to approve reductions in performance bonds pursuant to §277-9(d) of the Town Law; and

WHEREAS, there remains a Performance Bond amount of $327,726.00 on the Ginese Subdivision Project; and

WHEREAS, certain portions of the bonded work for Ginese Subdivision have been completed; and

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

WHEREAS, the Town Engineer has assigned the value of the remaining work to be completed at $302,526.00; and

WHEREAS, at the November 30, 2006 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 $25,200.00; now therefore be it

RESOLVED, that the Town Board approves the reduction in Performance Bond of $25,200.00 for Ginese Subdivision 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 $302,526.00.

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: December 18, 2006

RESOLUTION 12:18:06 - 9 Authorizing SRF Funds for the Installation of the Mini Golf Course

Councilman Thomas Kinsley offers the following and moves its adoption:

WHEREAS, the expenditure from the Special Recreation Fund (SRF) for the purchase of a mini golf course was approved by the Town Board; and

WHEREAS, the cost of the mini golf course, as indicated on the purchase contract, did not include installation; and

WHEREAS, the cost of installation including landscaping is approximately $15,000.00; now therefore be it

RESOLVED, that the Town Board hereby authorizes the expenditure of $15,000.00 from the Special Recreation Fund (SRF) for the installation of the mini golf course.

Seconded Councilwoman Barbara Zulauf Councilman French made a motion
to cover the cost of the carpet
installation only using SRF funds.
ROLL CALL VOTE: Seconded by Councilman Stiegler
Councilman Werner Stiegler aye all in favor
Councilman Daniel French aye
Councilman Thomas Kinsley aye
Councilwoman Barbara Zulauf aye
Supervisor John D. Adams aye

Dated: December 18, 2006

RESOLUTION 12:18:06 - 10 Appointment of Interim Building Inspector

Councilman Werner Stiegler offers the following and moves its adoption:

Now therefore be it RESOLVED, that Donald Smith is hereby appointed as interim Building Inspector; and be it further

RESOLVED, that Mr. Smith will be paid an hourly rate of $26.00 as well as be reimbursed for mileage while utilizing his privately owned and insured vehicle in the performance of his duties at the approved mileage reimbursement rate.

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: December 18, 2006

RESOLUTION 12:18:06 - 11 Authorizing Litigation Resolution by the Town Attorney

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, there are a number of applications before the Town of Beekman Planning Board and Zoning Board of Appeals which have, or in all likelihood will, reasonably require litigation for their respective resolutions; and

WHEREAS, in the Zoning Board of Appeals these matters include the Carino matter – now in the Appellate Division of the Supreme Court and; in the Planning Board, the Dickson matter, and in both boards, the Stop & Shop matter; and

WHEREAS, circumstances and events may develop during this season when it will be difficult for the Town Board to respond to actions and proceedings; now therefore be it

RESOLVED, that the Town Attorney is hereby authorized to take such steps in the defense of the determinations of the Zoning and Planning Boards and to take such legal actions as may be required to enforce the determinations of said boards and the enforcement of the Town’s zoning law including the defense and commencement of appropriate actions.

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: December 18, 2006

RESOLUTION 12:18:06 - 12 In Support of Historic Recognition of “The Old Upper Road” And Declaring Local Lead Agency

Councilwoman Barbara Zulauf offers the following and moves its adoption:

WHEREAS, there exists a route, known as The Old Upper Road, located in the Town of Beekman along Pleasant Ridge Road, Gardner Hollow Road, Beekman-Poughquag Road, and Beekman Road; and

WHEREAS, this 74.5 mile route extends from West Hartford, Connecticut and traverses through the Towns of Dover, Union Vale, Beekman, East Fishkill, Fishkill and Beacon, in the state of New York; and

WHEREAS, upon researching historical documents, the Town of Beekman Historian is of the opinion that The Old Upper Road is a rare surviving example of a colonial period route in Dutchess County used by colonists and later by colonial troops during the Revolutionary War worthy of bestowal of historic recognition; now therefore be it

RESOLVED, that the Town of Beekman hereby supports and adopts the findings of the Town Historian and recognizes the historical characteristics of The Old Upper Road; and be it further

RESOLVED, that in its quest to apply to the State of New York to bestow Historical Recognition of The Old Upper Road, the Town of Beekman hereby declares itself local lead agency; and be it further

RESOLVED, that as lead agency we urge the town governments of Dover, Union Vale, East Fishkill, Fishkill and Beacon to join us in bestowing historic recognition to The Old Upper Road.

Seconded Councilman Daniel French

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: December 18, 2006

RESOLUTION 12:18:06 - 13 To Set Bond for Pond Hill Professional Building

Supervisor John Adams offers the following and moves its adoption:

WHEREAS, Rohde, Soyka & Andrews Consulting Engineers, P.C. has prepared a Performance Bond Estimate recommending that the bond be set at $7,000.00 for Pond Hill Professional Building; and

WHEREAS, the Planning Board has adopted a resolution on November 30, 2006 to establish the bond amount as recommended by Rhode, Soyka and Andrews Engineers; now therefore be it

RESOLVED, that the Town Board hereby approves that the bond be set in the amount of $7,000.00 for Pond Hill Professional Building and to be furnished by the applicant for filing in the office of the Town Clerk.

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: December 18, 2006

RESOLUTION 12:18:06 - 14 To Set Bond for Precision Auto Body

Councilman Daniel French offers the following and moves its adoption:

WHEREAS, Rohde, Soyka & Andrews Consulting Engineers, P.C. has prepared a Performance Bond Estimate recommending that the bond be set at $45,500.00 for Precision Auto Body; and

WHEREAS, the Planning Board has adopted a resolution on November 30, 2006 to establish the bond amount as recommended by Rhode, Soyka and Andrews Engineers; now therefore be it

RESOLVED, that the Town Board hereby approves that the bond be set in the amount of $45,500.00 for Precision Auto Body and to be furnished by the applicant for filing in the office of the Town Clerk.

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: December 18, 2006

RESOLUTION 12:18:06 - 15 Authorizing the Purchase of Roadside Historical Markers

Supervisor John Adams offers the following and moves its adoption:

WHEREAS, in an effort to identify and interpret undocumented local historic sites as well as to commemorate places of significance in the history of the Town of Beekman and the County of Dutchess, the Town would like to purchase three roadside historic area markers to be placed on The Old Upper Road; and

WHEREAS, the cost of these markers are $950.00 each; now therefore be it

RESOLVED, that the purchase of three roadside historic area markers is hereby authorized; and be it further

RESOLVED, that the placement of the historical markers along the Old Upper Road will be as follows:

Marker #1     At the intersection of Gardner Hollow and Pleasant Ridge Roads
Marker #2     At Beekman-Poughquag Road (County Route 7)
Marker #3     At Beekman-Poughquag Rd. near intersection of Recreation Road

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: December 18, 2006

RESOLUTION 12:18:06 - 16 To Waive 30 Day Notice for Liquor License Application – Tailgater’s Grille

Councilman Daniel French offers the following and moves its adoption:

WHEREAS, Tailgater’s Grille, Inc. has notified the Town of Beekman that they have purchased the business formerly known as O’Leary’s Blazer Pub and owned and operated by Aran Restaurant Co., LLC; and

WHEREAS, a New York State Liquor License must be issued to effectuate this purchase; and

WHEREAS, according to Alcohol Beverage Control Law § 64 (2) (a), an applicant must give the municipality thirty (30) days notice of the pending liquor license application unless the municipality consents to waive this thirty (30) day requirement; now therefore let it be

RESOLVED, that the Town Board of the Town of Beekman hereby waives the thirty (30) day notice period in regard to Tailgater’s Grille, Inc. allowing an earlier submission of the liquor license application.

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: December 18, 2006

RESOLUTION 12:18:06 - 17 Authorizing Engineering Report – Recreation Park Swimming Facility

Councilwoman Barbara Zulauf offers the following and moves its adoption:

WHEREAS, the Town of Beekman Recreation Commission and the Recreation Director have recommended utilizing the services of an engineering firm to conduct an inspection and provide a written report on the feasibility of improving the filtration and water clarity problems plaguing the swimming facility at Recreation Park and to provide possible alternatives; and

WHEREAS, a proposal was received from Ward Associates, P.C. at a cost of $3,600.00; now therefore be it

RESOLVED, that the Town Board hereby authorizes Ward Associates, P.C. to inspect the existing conditions of the swimming facility at Recreation Park and to provide an engineering report at a cost not to exceed $3,600.00, and in accordance with the terms and conditions as outlined in the attached proposal.

Seconded Supervisor John Adams

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

Dated: December 18, 2006
 
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