December 19, 2005
  • RESOLUTION 12:19:05 - 1 Association of Towns 2006 Training School & Annual Meeting
  • RESOLUTION 12:19:05 - 2 Accepting Buck Drive for Dedication As a Town Road
  • RESOLUTION 12:19:05 - 3 Consent of Transfer of Control Cable Franchise
  • RESOLUTION 12:19:05 - 4 Designating January 2, 2006 As a Holiday for 2006
  • RESOLUTION 12:19:05 - 5 Authorizing the Issuance of Multiple Year Dog Licenses
  • RESOLUTION 12:19:05 - 6 To Schedule a Public Hearing on Proposed Local Law Imposing a Town Wide Moratorium

RESOLUTION 12:19:05 - 1
RE: Association of Towns 2006 Training School & Annual Meeting

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, the annual Association of Towns conference will be held February 19-22, 2006; and

WHEREAS, representatives from several departments of the Town of Beekman have included in their budget for 2006 the appropriation to attend said conference; now therefore be it

RESOLVED, that authorization is hereby given for the Supervisor to forward all monies required for registration and lodging for the employees attending the conference.

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 19, 2005

RESOLUTION 12:19:05 - 2 RE: Accepting Buck Drive for Dedication As a Town Road

Councilman Daniel French offers the following and moves its adoption:

WHEREAS, the road known as Buck Drive is part of the subdivision known as Abruzzi Estates; and

WHEREAS, the said Buck Drive has now been completed in accordance with the road specifications of the Town of Beekman; and

WHEREAS, the developer thereof, Pasta Properties, Inc. has tendered a deed to said road and the easements related thereto along with evidence of title and related conveyancing documents; and

WHEREAS, the same have been approved by the Attorney to the Town; and

WHEREAS, it is in the best interests of the Town that said road be accepted by the Town of Beekman; now therefore be it

RESOLVED, that the Town of Beekman accepts Buck Drive as a Town Highway and assumes the maintenance thereof; and be it further

RESOLVED, that the Superintendent of Highways be requested to add the name of Buck Drive to the inventory of town highways; and be it further

RESOLVED, that the present performance bond be reduced to the amount which is ten per cent (10%) thereof to be retained as a maintenance bond for a period of one year against defect or failure of said road.

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 19, 2005

RESOLUTION 12:19:05 - 3 RE: Consent of Transfer of Control Cable Franchise

Supervisor John Adams offers the following and moves its adoption:

WHEREAS, Carmel Cable Television, Inc. (“Franchisee”) is the duly authorized holder of a franchise, as amended to date (the “Franchise”), authorizing Franchisee to serve the Town of Beekman, New York (the “Franchise Authority”) and to operate and maintain a cable television system therein (the “System”); and

WHEREAS, Susquehanna Cable Co. (“Susquehanna Cable”) is the parent company of Franchisee; and

WHEREAS, on October 31, 2005, Susquehanna Cable and Comcast Corporation (“Comcast”) entered into an Asset Purchase Agreement (the “Agreement”), pursuant to which Comcast will acquire the cable assets held by Susquehanna Cable and its subsidiaries, including those that comprise the System (the “Transaction”); and

WHEREAS, in order to implement this Transaction, (1) Susquehanna Cable will form a new company, Comcast of New York, LLC (“New Franchisee”); (2) the Franchisee will assign and transfer the cable assets held by Franchisee that comprise the System, including the Franchise, to New Franchisee; and (3) Comcast will assign its right to purchase all of the membership interests in New Franchisee to Comcast of Danbury, Inc. (“Transferee”), its wholly-owned, indirect subsidiary; and

WHEREAS, at the closing of the Transaction, Transferee will acquire all of the membership interests in New Franchisee; and

WHEREAS, Franchisee now seeks approval of the Transaction and has filed an FCC Form 394 with the Franchise Authority with respect thereto; and

WHEREAS, said Transaction shall comply with the provisions as set forth in the current Franchise Agreement between the Franchisee and the Franchise Authority; and

WHEREAS, the Franchise Authority has considered and approves of the transaction; now therefore be it

RESOLVED BY THE FRANCHISE AUTHORITY AS FOLLOWS:
  1. The foregoing recitals are approved and incorporated herein by reference.
  2. The Franchise Authority consents to the Transaction.
  3. The Franchise Authority hereby confirms that, to its knowledge: (a) the Franchise is valid and outstanding and in full force and effect; (b) Franchisee is currently the valid holder and authorized grantee of the Franchise; (c) there have been no amendments or modifications to the Franchise except as set forth herein; (d) Franchisee is in compliance in all material respects with the provisions of the Franchise; and (e) there are no defaults under the franchise or events that, with the giving of notice of passage of time or both, could constitute events of default thereunder. Subject to compliance with the terms of this Resolution, all action necessary to approve the transfer of the Franchise to transferee has been duly and validly taken.
  4. New Franchisee may (a) assign or transfer its assets, including the Franchise, provided that such assignment or transfer is to an entity directly or indirectly controlling, controlled by or under common control with New Franchisee; (b) restructure debt or change the ownership interests among existing equity participants in New Franchisee’s assets, including, but not limited to, the Franchise, or of interest in New Franchisee, for purposes of securing any indebtedness; and (d) sell equity interests in New Franchisee or any of New Franchisee’s affiliates.
  5. This Resolution shall be deemed effective upon adoption.
  6. This Resolution shall have the force of a continuing agreement with the Franchisee, and the Franchise Authority shall not amend or otherwise alter this Resolution without the consent of the Franchisee and Transferee.
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 19, 2005

RESOLUTION 12:19:05 - 4 RE: Designating January 2, 2006 As a Holiday for 2006

Councilwoman Barbara Zulauf offers the following and moves its adoption:

BE IT RESOLVED, that January 2, 2006 be observed as a holiday for the personnel of the Town; and be it further

RESOLVED, that the annual reorganization meeting will be held on Monday, January 9, 2006 at 7:30 p.m. in the meeting room of Town Hall.

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 19, 2005

RESOLUTION 12:19:05 - 5 RE: Authorizing the Issuance of Multiple Year Dog Licenses

Councilman Thomas Kinsley offers the following and moves its adoption:

WHEREAS, the State of New York has amended Section 110 of the Agriculture and Markets Law, effective January 15, 2006, to allow the issuance of multiple year dog licenses for up to three (3) years; and

WHEREAS, the authority to issue multiple year licenses is at the option of the issuing municipality; and

WHEREAS, it will be in the best interests of the residents of the Town of Beekman to be able to purchase dog licenses for multiple years, up to three (3) years; now therefore be it

RESOLVED, that as of January 15, 2006, the Town of Beekman is hereby authorized to issue multiple year dog licenses for up to three (3) years on such terms and conditions as are set forth in Section 110 of the Agriculture and Markets Law of the State of New York, effective January 15, 2006.

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 19, 2006

RESOLUTION 12:19:05 - 6 RE: To Schedule a Public Hearing on Proposed Local Law Imposing a Town Wide Moratorium

Councilman Daniel French offers the following and moves its adoption:

WHEREAS, the Town Board of the Town of Beekman desires to impose a moratorium on land development in the Town of Beekman for an interim period of time pending completion of the Town’s revised Comprehensive Plan; now therefore be it

RESOLVED, that a public hearing on the proposed local law imposing a moratorium on land development in the Town of Beekman be held on the 23rd day of January, 2006 at 7:20 o’clock p.m. at the Town Hall, 4 Main Street, Poughquag, in the Town of Beekman, New York, and that notice of the time and place of such hearing and setting forth the proposed local law, or describing in general terms the proposed local law, be published once on or before the 13th day of January, 2006 in the Poughkeepsie Journal, a newspaper circulating in the Town of Beekman; and be it further

RESOLVED, that a copy of the proposed Local Law will be available in the office of the Town Clerk after January 1, 2006.

Seconded Councilman Thomas Kinsley

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

Dated: December 19, 2005
 
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