September 26, 2005
  • RESOLUTION 9:26:05 - 1 Accepting the Proposal on Mill House Foundation Stabilization
  • RESOLUTION 9:26:05 - 2 Authorizing the Sale of Skate Park Equipment
  • RESOLUTION 9:26:05 - 3 Order Authorizing an Increase in the Maximum Amount to be Expended in the Improvement of the Dover Ridge Sewer System
  • RESOLUTION 9:26:05 - 4 Authorization to Increase Dover Ridge Water and Sewer Rates
  • RESOLUTION 9:26:05 - 5 To Set Bond for Fairfield Hills Subdivision
  • RESOLUTION 9:26:05 - 6 Authorizing Letter of Intent – Agricultural and Farmland Protection Project
  • RESOLUTION 9:26:05 - 7 Authorizing Fuel Contract – Beekman Fire District
  • RESOLUTION 9:26:05 - 8 Performance Bond Reduction for Plum Court
  • RESOLUTION 9:26:05 - 9 To Reject Bid on Mill House Foundation Repair

RESOLUTION 9:26:05 - 1
RE: Accepting the Proposal on Mill House Foundation Stabilization

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, the second phase in the repair of the Mill House would require reinforcing the foundation; and

WHEREAS, proposals were received and reviewed according to the Town’s procurement policy; now therefore be it

RESOLVED, that the attached proposal from Russo Masonry be hereby accepted in the amount of $8,600.00 for stabilization of the Mill House Foundation.

Seconded Supervisor John D. 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: September 26, 2005

RESOLUTION 9:26:05 - 2 RE: Authorizing the Sale of Skate Park Equipment

Supervisor John Adams offers the following and moves its adoption:

WHEREAS, Town Law Sec. 64(2-a) allows for the sale of personal property as the town may require; and

WHEREAS, on July 12, 2005 the Town of Beekman Recreation Commission voted to close the skate park permanently and has, therefore, requested that the skate park equipment be disposed of in a manner deemed appropriate; now therefore be it

RESOLVED, that the Town Board authorizes the Supervisor to conduct the sale of said skate park equipment and to execute a bill of sale.

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: September 26, 2005

RESOLUTION 9:26:05 - 3 RE: Order Authorizing an Increase in the Maximum Amount to be Expended in the Improvement of the
Dover Ridge Sewer System

Councilwoman Barbara Zulauf offers the following and moves its adoption:

WHEREAS, the Town Board of the Town of Beekman has heretofore caused a Map and Plan of the improvements proposed for the Dover Ridge Sewer District together with the costs thereof, and which Map and Plan is on file and available for inspection in the Town Clerk’s Office; and

WHEREAS, the Dover Ridge Sewer District was duly created and operates within the Town of Beekman in the County of Dutchess and State of New York pursuant to the provisions of Article 12-A of the Town Law of the State of New York; and

WHEREAS, at the time of the District’s creation in 1998 the initial estimated cost of the initial estimated cost of the proposed improvements in the amount of $675,000 was approved by the New York State Comptroller upon due application to his office; and

WHEREAS, pursuant to the Wastewater Facility Plan prepared for and adopted by this Town Board, a copy of which is on file in the Town Clerk’s Office available for public inspection, said amount was increased to a total of $1,025,000, which increase was duly approved by the New York State Comptroller; and

WHEREAS, the improvements were undertaken and are substantially completed and the actual cost thereof will be approximately $1,200,000 which increase requires the further approval of the State Comptroller; and

WHEREAS, the method of financing involved will be proceeds of a Clean Water/Clean Air Bond Act grant in the amount of $327,250 and an interest-free, thirty year loan in the amount of $872,750 from the New York State Environmental Facilities Corp.; and

WHEREAS, said proposed increase would result in an increase in annual cost for a typical property in the District from approximately $978 to approximately $1007; and

WHEREAS, the Town Board on the Twelfth Day of September, 2005 adopted a resolution calling a public hearing thereon and caused the notice of such hearing to be published and posted in the manner provided in Section 209-d of the Town Law of the State of New York, describing in general terms the improvements and specifying the estimated total cost to be $1,200,000, and stating that the Town Board would meet to hear all persons interested in the subject matter thereof on September 26, 2005 at 7:10 o’clock PM at the Community Center; and

WHEREAS a public hearing was held at the time and place aforesaid in the manner prescribed at which time all persons interested in the subject matter were afforded an opportunity to be heard;

NOW THERERFORE, upon the evidence and comments presented at the public hearing described herein, it is hereby determined and ORDERED as follows:
  1. The notice of the public hearing described in the preamble hereof was posted and published as prescribed by law and is in all respects satisfactory;
  2. The construction and completion of the improvements are in the public interest;
  3. The Town Clerk shall post and publish this Order within 10 days of its adoption pursuant to the Town Law;
  4. This Order is subject to permissive referendum.
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: September 26, 2005

RESOLUTION 9:26:05 - 4 RE: Authorization to Increase Dover Ridge Water and Sewer Rates

Councilman Thomas Kinsley offers the following and moves its adoption:

WHEREAS, the Dover Ridge Water and Sewer Districts operate within the Town of Beekman; and

WHEREAS, the Town of Beekman has been subsequently authorized to send invoices to all landowners of Dover Ridge Estates in the amount of $90.00 per quarter for sewer service and the minimum tariff amount of $34.92 for water usage; and

WHEREAS, these amounts provide insufficient revenues to cover the ongoing operation and management cost of the District requiring the General Fund to advance monies to the District to cover these costs; and

WHEREAS, it is necessary to repay the General Fund for these advances; and

WHEREAS, capital improvements have been completed to the wastewater treatment facility which will result in increased operations and management costs per engineering estimates; and

WHEREAS, pursuant to Article 14-F of the General Municipal Law, public hearings for the proposed increase of water and sewer rents was duly held on the 11th day of July 2005 as well as the 26th day of September, 2005; now therefore let it be

RESOLVED, that effective October 1, 2005, quarterly invoices sent to all landowners of Dover Ridge Estates for water usage and sewer service will reflect the following rates:

Water Usage: $ 84.24 per household per quarter
Sewer Service: $160.00 per household per quarter

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: September 26, 2005

RESOLUTION 9:26:05 - 5 RE: To Set Bond for Fairfield Hills Subdivision

Supervisor John Adams offers the following and moves its adoption:

WHEREAS, Rohde, Soyka & Andrews Consulting Engineers, P.C. has prepared a Performance Bond Estimate dated September 15, 2005 recommending that the bond be set at $500,000.00 for Fairfield Hills Subdivision; and

WHEREAS, the Planning Board adopted a resolution on September 15, 2005 to establish the bond amount as recommended by Rohde, Soyka & Andrews Engineers; now therefore be it

RESOLVED, that the Town Board hereby approves that the bond be set in the amount of $500,000.00 for Fairfield Hills Subdivision and to be furnished by the applicant for filing in the office of the Town Clerk.

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: September 26, 2005

RESOLUTION 9:26:05 - 6 Authorizing Letter of Intent – Agricultural and Farmland Protection Project

Councilman Werner Stiegler offers the following and moves its adoption:

WHEREAS, the Owner of McIntosh Farm is interested in the purchase/sale of development rights of approximately 305+/- acres to be placed under permanent conservation easement and to be used for the purposes set forth under an agricultural type of conservation easement; and,

WHEREAS, the Owner is being asked to sign a Letter of Intent of these intentions, as a non-binding agreement, to move forward with this purchase of development rights and placement of an agricultural conservation easement; and,

WHEREAS, it is expected that at some time in the near future the New York State Department of Agriculture and Markets announced a request for proposals for 75% state matching grant assistance for agricultural and farmland protection projects; and,

WHEREAS, agricultural resources were identified as one of several important types of open space resources by the members of the public who have participated to date in the open space planning process underway by the Town of Beekman Open Space Advisory Committee; and,

WHEREAS, this Property was identified as one of the top priorities in the open space advisory committee’s resource rating of focused on agricultural parcels due to: its significant acreage of USDA prime agricultural soils and soils of statewide significance, that it is an active, working, viable agricultural enterprise, its potential for farm succession, its proximity to other protected lands and potential lands for protection – a critical mass of nearby farmland, its total number of farmland acres to be protected, its landowner commitment and willingness to contribute towards a local match through a bargain sale, and in summary as such, was a priority parcel ranked by the committee and hereby recommended to the Town Board of the Town of Beekman for a purchase of development rights program; and

WHEREAS, this property is enrolled in Dutchess County Agricultural District #23 (Town of Beekman). The county farmland plan was adopted by Dutchess County Legislature and approved by the New York State Department of Agriculture and Markets in 1998; and,

WHEREAS, the Town shall also pursue and attract, for deposit and use, where permitted by the Laws of the State of New York, additional funds, gifts and grants from foundations, private donations, any additional private or public sources, and federal, state and county matching funds too; now therefore be it

RESOLVED, that the Town Board of the Town of Beekman hereby authorizes and directs the Supervisor of the Town of Beekman, to sign a Letter of Intent with the Property Owner upon town attorney approval.

Seconded by: Councilman Thomas Kinsley

ROLL CALL VOTE:
COUNCILMAN WERNER STIEGLER: AYE
COUNCILMAN DANIEL FRENCH : AYE
COUNCILMAN THOMAS KINSLEY: AYE
COUNCILWOMAN BARBARA ZULAUF: AYE
SUPERVISOR JOHN ADAMS: AYE

DATE OF ADOPTION: September 26, 2005

RESOLUTION 9:26:05 - 7 RE: Authorizing Fuel Contract – Beekman Fire District

Councilman Daniel French offers the following and moves its adoption:

WHEREAS, the services provided by the Beekman Fire District are vital to the wellbeing and safety of the residents of the Town of Beekman; and

WHEREAS, it is important that the vehicles driven by the firefighters be filled with fuel and ready to respond in case of an emergency; and

WHEREAS, a diesel fuel pump located at the fire house and owned by the Beekman Fire District is available for the district’s diesel vehicles; and

WHEREAS, some of the vehicles owned by the district are fueled by gasoline rather than diesel; and

WHEREAS, the Town Board and the Highway Superintendent are desirous in making the Town Highway Garage’s gas fuel pump available to the fire district for use in vehicles requiring gas fuel; now therefore be it

RESOLVED, that the Town of Beekman and the Beekman Fire District will enter into an agreement whereby the Highway Department will monitor the consumption of gas fuel used by the Fire District for Fire District vehicles and to charge Beekman Fire District accordingly; and be it further

RESOLVED, that the Supervisor is hereby authorized to sign this Agreement and to obtain a fully executed copy from the Beekman Fire District.

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: September 26, 2005

RESOLUTION 9:26:05 - 8 RE: Performance Bond Reduction for Plum Court

Councilwoman Barbara Zulauf offers the following and moves its adoption:

WHEREAS, the Town Board is authorized to approve reductions in subdivision performance bonds pursuant to §277-0(d) of the Town Law; and

WHEREAS, certain portions of the bonded work for Plum Court have been completed; and

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

WHEREAS, at the September 15, 2005 Planning Board meeting the bond reduction was approved; and

WHEREAS, the Planning Board recommends that the Town Board reduce the performance bond to $182,000.00, the value assigned by the Town Engineer for uncompleted works; now therefore be it

RESOLVED, that the Town Board approves the reduction in Performance Bond to $182,000.00 for Plum Court and authorizes the applicant to substitute the current bond on file in the office of the Town Clerk with the new Performance bond amount of $182,000.00.

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: September 26, 2005

RESOLUTION 9:26:05 - 9 RE: To Reject Bid on Mill House Foundation Repair

Councilman Daniel French offers the following and moves its adoption:

WHEREAS, on August 15, 2005 the Town Clerk was authorized to advertise a request for Proposal for foundation stabilization of the Mill House located on Beekman-Poughquag Road; and

WHEREAS, one bid was received in response to the published advertisement; and

WHEREAS, the bid received was from William Manfredi Construction Corp. in the amount of $77,600.00; and

WHEREAS, said bid is in excess of the amount appropriated in the 2005 budget for this repair; now therefore be it

RESOLVED, that the bid from William Manfredi Construction Corp. in the amount of $77,600.00 is hereby rejected.

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: September 26, 2005
 
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