Minutes

City of Beacon Council Meeting

November 1, 2004

 

The regular meeting of the Beacon City Council held at the Municipal Center, One Municipal Place on November 1, 2004 was called to order at 7:30 pm by Mayor Clara Lou Gould with the Pledge of Allegiance to the Flag.

 

Council Members Present:                     Deanna Leake, Sam Way, Fred Antalek and Mike Fasano.

 

Council Members Excused:                    Eleanor Thompson and Lee Kyriacou

 

Also present were:                                City Administrator, Joseph Braun

                                                            City Attorney, Gerard Pisanelli

 

Residents at beginning of Meeting:          15

 

Media represented by:                           Goldie Greene, Beacon Free Press

 

Public Hearings:         None

 

Community Segment:  None

           

Approval of Minutes:  Council Meeting -                                 October 18, 2004

 

Motion to approve minutes:  Council Member Antalek.  Seconded:  Council Member Fasano.  All voted in favor.  Motion carried. 

 

Reports:  The text of these reports is at the end of these minutes.

 

Mayor’s Communications read by Mayor Clara Lou Gould

City Administrator, Joseph Braun read his Report of Activities

City Attorney, Gerard Pisanelli read his Report of Activities – 1st Meeting of the Month

Mayor Clara Lou Gould read her Report of Activities

Council Members gave their Reports of Activities

 

Public Comments:  Pertaining to This Agenda Only

 

City of Beacon,Chief of Police Richard Sassi -Asked that the Council Members change the starting date of the Police Dispatcher (which is on tonight’s agenda) from December 1, 2004 to November 22, 2004

 

No further comments 

 

UNFINISHED BUSINESS:

Resolutions:

Local Laws and Ordinances

NEW BUSINESS:

Resolutions:

1.  Resolution No. 207 of 2004 - Resolution to Purchase Defibrillators and Other Equipment for the City of Beacon Fire Department – Read by City Administrator, Joseph Braun

RESOLVED, The Mayor and City Council hereby accept the Grant from the U.S. Department of Homeland Security and the Office of Domestic Preparedness at the approved project cost of $13, 500.00, and be it further

 

RESOLVED the City Council hereby appropriates the city’s share of $1,350.00 so that the city can obtain the five defibrillators and other equipment as per said grant.

 

Motion to approve resolution to purchase Defibrillators and Other Equip:  Council Member Way.  Seconded:  Council Member Fasano.  On a roll call vote, all voted in favor.  Motion carried.

Comment by Council Member Fasano:  I would like to thank City Attorney, Gerard Pisanelli’s son, Charles M. Pisanelli who did a fine job in writing the grant and should be commended for his efforts.  Mayor Clara Lou Gould, City Administrator Joseph Braun and all other Council Members joined in the praise.

2.  Resolution No. 208 of 2004 -Resolution Authorizing Extension of Real Property Tax Collection for Persons Deployed by the Military read by City Administrator, Joseph Braun.

WHEREAS, New York State Real Property Tax Law Section 925-d authorizes municipal corporations, which includes cities, to defer real property tax collection or the imposition of penalties or interest for a late payment owed by persons who have been deployed by the military or by the spouse or domestic partner of a person deployed by the military, provided they meet certain eligibility requirements as part of a comprehensive “Patriot Plan” designed to offer benefits to New York’s servicemen and women, and

 

WHEREAS, New York State Real Property Tax Law Section 925-d authorizes municipal corporations to offer this extension if approved by resolution by the municipal corporation, now, therefore, be it

 

RESOLVED, that the City Council of the City of Beacon hereby enacts the provisions of the Real Property Tax Law, Section 925-d and authorizes the 90-day extension, from the end of deployment, of real property tax collection for persons deployed by the military as defined therein, and, be it further

 

RESOLVED, that this resolution shall take effect as to State, County, and City taxes levied on parcels within the boundaries of the City of Beacon as contemplated by Real Property Tax Law, Section 925-d, and, be it further

 

RESOLVED, that the City Administrator shall report back to the D.C. Commissioner of Finance of the city’s action within sixty days of this enactment.

 

Motion to approve resolution authorizing extension of Real Property Tax Collection, etc.:  Council Member Antalek.  Seconded:  Council Member Fasano.  On a roll call vote, all voted in favor.  Motion carried.

.

3.  Resolution No. 209 of 2004 – Resolution Authorizing the Mayor and City Council to Hire Selected Attorneys to Defend the Additional City of Beacon Police Officers Defendants’ Named in the Amended Buddenhagen Lawsuit Against the City of Beacon.  Read by City Administrator, Joseph Braun.

WHEREAS, Police Officers, Shawn Barry, and Francis Pompilio, Lieutenants Matthew Dondero and Paul Schettino and Sergeants Louis Musmeci and Gary Fredericks have been added to the pending lawsuit against the City filed by Karen Buddenhagen and amended to include two new plaintiffs; and

 

WHEREAS, the Mayor and City Council are authorized to select the attorneys that will be hired to defend these Police Officers in this pending lawsuit; and

 

NOW THEREFORE, be it

 

RESOLVED, the Mayor and City Council hereby authorize the hiring of Attorney

Richard Golden of the law firm Burke, Miele & Golden of Goshen, New York as the

attorneys to defend Police Officer Shawn Barry and Police Officer Francis Pompilio and the hiring of Attorney David Posner of the law firm of McCabe & Mack of Poughkeepsie to defend Lieutenant Matthew Dondero, Lieutenant Paul Schettino, Sergeant Louis Musmeci and Sergeant Gary Fredericks.

 

Motion to Approve Resolution Authorizing the Mayor and the City Council to Hire Attorneys:  Council Member Way.  Seconded:  Council Member Fasano.  On a roll call vote.  All voted in favor.  Motion carried.

 

Local Laws And Ordinances:

Ratifications:

Appointments/Announcements:

1.  Resolution No. 210 of 2004 - Police Department – Appointment of Police Officer and Police Dispatcher read by City Administrator, Joseph Braun

Appointment of Steven Ingram as Police officer effective November 15, 2004

Appointment of Margaret A. Mulligan as Police Dispatcher effective November 22, 2004 (Changed as requested by Police Chief Sassi in tonight’s Agenda comments from December 1, 2004 to November 22, 2004.)

Motion to approve appointments and change effective starting date for Police dispatcher:  Council Member Leake.  Seconded:  Council Member Fasano.  All voted in favor.  Motion carried

2.  Mayor Clara Lou Gould made the Announcement of the Restoration of the Flag Committee:  Committee Members to include Robert Cahill, Veterans Representative, Rob Riley, Highway Superintendent and Michael D. Fasano, Council Liaison.

Public Comments:

Dennis Pavelock, 34 Judson St.  – I spoke to Carolyn Ryan from the DOT about Judson St. being one way.  She told me that there is no information to back up the claim.  The residents on Grove Street are still not happy. There is still a problem with the asphalt, which needs to be addressed.  Dennis gave a picture of the problem to the council.

Betty DiPompo, 6 Pearse St. – I would like to know why something couldn’t be done about the contractors that are chosen because of their low bid when they do unsatisfactory work.  Something has to be done about this problem. 

Janise Bortree - I lived here almost 18 years.  I never had a problem with flooding.  In June of this year, I started get a serious flooding problem.  The only change is the house that is being put up across the street.  In desperation I created a dyke that blocks the water from coming on my property from the street.  The dyke is too high and someone might trip when they walk past it.  I called the Highway Dept.  and Rob Riley offered to put a curb where I put the dyke.  It did not make sense to put a hazardous curb so I told him to hold off.  Their solution is unsatisfactory.  What I really would like to get settled is what is the solution for this problem and who is responsible.

 

Frank Herber, 63 Beacon St. – Somebody should send an engineer to figure out her flooding problem.  There is a traffic problem at the intersection of Wilkes Street and Route 52.  There is no stop sign or warning.  I think it would benefit the City of Beacon to address the problem at that intersection.  I also wanted to talk about the sidewalks on Beacon St.  I am willing to pay half but not everybody has the money to pay half for their sidewalks.  Does that mean that we are going to allow broken sidewalks from now until whenever?  Someone can trip and fall on the broken sidewalks.

No further comments

Budget Amendments:            Council Action Budget Amendments – November 1, 2004

1.          Amend the Sewer Fund Balance (Code:  G 909) for the Wastewater Treatment Facility engineer expense (Code: G 8130.X4540.00) in the amount of $10,000.  The additional funds are necessary due to unforeseen expenses relating to a DEC consent order and odor problems at the facility.

 

Motion to Amend the Sewer Fund Balance:  Council Member Way.  Seconded:  Council Member Antalek.  On a roll call vote, all voted in favor.  Motion carried. 

                       

2.          Amend the General Fund Balance (Code:  A 909) for the Highway Department Purchase            of Equipment (Code:  A 5110.X2500.00) in the amount of $1,440.00 to be used for options necessary on the new sanders to be purchased.

 

Motion to Amend General Fund Balance:  Council Member Way.  Seconded:  Council Member Leake.  On a roll call vote, all voted in favor.  Motion carried.

 

3.          Amend the General Fund Budget for the Assessor Department Star Program in the amount of $909.  The City of Beacon has received this amount in excess of the budgeted amount for the STAR aid from New York State and the department would like to use these funds to cover the cost of printing, paper, labels and envelopes used to send STAR applications to the senior citizens                                  

                                                                        Budgeted          Amount            Excess

                                                                        Revenue           Received          Amount

                                    A 1355.R3040.00          $3,000               $3,909.54          $909.54

 

Motion to Amend General Fund Budget:  Council Member Antalek.  Seconded:  Council Member Fasano.  On a roll call vote, all voted in favor.  Motion carried.

           

4.     Amend the General Fund Budget for the Building Department Materials and Supplies (Code:  A 3620.X4160.00) by transferring $760 from Purchase of Equipment (Code: A 3620.X2500.00) to purchase a 19” flat panel monitor for the County GIS System.

 

Motion to Amend General Fund Budget for the Building Department:  Council Member Fasano.  Seconded:  Council Member Way.  On a roll call vote, all voted in favor.  Motion carried.

 

5.                   See Memo below regarding Sound System for Courtroom  - Transfer Fund Balance

 

A1620.x4473.04            $7,365.00

 

Memo addressed to the Mayor and the City Council from, Joseph Braun, Beacon City Administrator regarding the Sound System:

 

“Attached is the lowest cost proposal to upgrade the sound system in the Courtroom.  This system along with the acoustical improvements already installed will allow those at Council meetings the ability to hear what is being said.  The Court will pay 25% of the cost.  The City’s share will be $7,365.00.  I request your approval of a transfer from fund balance to the 2004 Court Repairs, Line 1620.x4473.04.”

 

Motion to Transfer funds:  Council Member Way.  Seconded:  Council Member Fasano.  On a roll call vote, all voted in favor.  Motion carried.

 

6.                  $20,000.00 General Fund into A8020.X4520.00 General Planning Consultant

 

Motion to approve transfer of funds from General Fund:  Council Member Fasano.  Seconded:  Council Member Antalek.  On a roll call vote, all voted in favor.  Motion carried.

 

Review of Bills:  Total disbursements as of November 1, 2004                           $392,361.50

 

Next Workshop Date:            Monday, November 8, 2004, 7:00 pm. – Municipal Center

 

Next Council Meeting:           Monday, November 15, 2004, 7:30 p.m. – Municipal Center

Monday, November 15, 2004 7:30pm – Public Hearing – 2005 Proposed Budget

Copies of Proposed Budget Available at City Hall and Howland Library.

Motion to enter into an Executive Session: 8:30 p.m. regarding a litigation issue.  Council Member Fasano.  Seconded:  Council Member Way.  All voted in favor.  Motion carried.

 

Motion to end Executive Session:  8:45 p.m.  Council Member Antalek.  Seconded:  Council Member Fasano.  All voted in favor.  Motion carried

 

Motion to adjourn:  8:45 p.m.  Council Member Antalek.  Seconded:  Council Member Leake.  All voted in favor.  Motion carried.

 

Text from Reports:

Mayor’s Correspondence – November 1, 2004

 

10/19/04:  Elayne Seaman, President – Eleanor Roosevelt Center at Val-Kill

 

RE:  Eleanor Roosevelt Val-Kill Medal Ceremony

 

We hope this past Sunday's 17th annual Eleanor Roosevelt Val-Kill Medal Ceremony was as special and exhilarating a moment for you as it was for all of us.

 

It was our great pleasure and privilege to honor you and to now have you included among the 72 extraordinary local, national, and international leaders who have been awarded the medal since the tradition began in 1987.

 

For your participation and support, and most importantly, for your work in continuing the commitments, ideals, and values of Eleanor Roosevelt to change the world for the better, please know of our profound thanks and admiration. To paraphrase this year's ceremony theme, you are in the vanguard of "building the world of the future" and I know Mrs. Roosevelt joins with us in a wholehearted round of applause.

 

We welcome you most warmly to the ERVK family.

 

10/21/04:  Mark E. Mannix, Director, Government and community Relations - Metro North Railroad

RE:  New Services

Effective October 31, 2004, Metro-North Railroad will be implementing a new service schedule that will provide our customers with even more options for their daily commute and the following are some highlights.

 

With the completion of the Mid-Harlem Third Track Project, Metro-North will begin to implement service improvements utilizing the additional capacity provided by the new third track between Crestwood and Fleetwood. The Lower Harlem Line will provide improved service in the AM and PM peaks, such as a one-seat ride for lower Westchester customers traveling to the Bronx in the AM peak and from the Bronx in the PM peak. Additional service will also be available between Mid-Harlem Line stations and Grand Central Terminal (GCT) in both peak periods. Lower Harlem Line trains peak schedules now include new stops, different arrival and departure times and revised running times.

 

On the Hudson Line, the schedule of several trains have been slightly adjusted in both AM and PM peak times to regularize train frequency for GCT arrivals between 9:00 AM and 10:30 AM and to reduce a 36-minute gap in Upper Hudson service between 6 PM and 7PM.

 

To improve early AM reverse peak service on the New Haven Line, the 6:02 AM departure from GCT, making all stops to Harrison will be extended to Stamford making stops at Rye, Port Chester and Greenwich and then running express to Stamford.

 

10/21/04:  Laurissa L. Parent Secretary 1 – Department of State

RE:  Harbor Management Planning and Design of Waterfront Facility Renovation

Enclosed is a fully executed copy of an Agreement between the City of Beacon and the Department of State for the above cited project.

 

The following forms are also enclosed:

 

Vouchering Procedure Guidelines

Summary Sheet Documentation Forms - To be submitted with each payment request

Standard Vouchers - To be submitted with each payment request

Measurable Results forms - To be submitted with final payment request

Status Report forms - To be submitted every 6 months from the start date of the

Agreement

 

If you would like to receive electronic copies of the above forms, or if you have any questions, please contact me at (518) 473-2466 or lparent@dos.state.ny.us .

 

10/21/04:  Dutchess Community College Foundation

RE:  33rd Annual Holiday Crafts Fair

Unique Handmade Crafts and Specialty Foods, Saturday and Sunday November 27 and 28, 2004, 10:00am – 4:00pm, Drumlin and Falcon Halls.

 

Free Parking and Shuttle Bus – Use North Entrance (Cottage Road)

 

Admission Benefits DCC Foundation $5.00 Adult / $3.00 DCC Students / Staff and Seniors Children under 12 Free / Sunday /Admission reduced.

 

For more information call 845-431-8400  Email:  dccf@sunydutchess.edu  http://craftsfair.sunydutchess.edu

 

10/28/04:  Cablevision

RE:  3rd Quarter Franchise Fee Payment

 

Enclosed is the City of Beacon’s Franchise fee payment in the amount of $34,961 for the 3rd Quarter of 2004.

 

If you have any questions or suggestions concerning cable television, please don’t hesitate to call me at (845) 296-3564 or via email at rconnor@cablevsion.com

 

ANNOUNCEMENT:

 

The LIGHTS are On!  Fundraiser for BEACON YOUTH SERVICES a collaboration of:  Beacon Community Center, Beacon Recreation, Kids Place a Place for Kids II, and Martin Luther King Cultural Center.

 

To be Held at the Beacon Community Center

 

NOVEMBER 6th and 7th 8am – 5pm – For more information call the Beacon Community Center at 845-831-6180

 

Floor Lamps, Table Lamps, Wall Fixtures.

 

Fundraiser to benefit the children & youth of Beacon and surrounding Southern Dutchess area.

 

City Administrator’s Report of Activities – November 1, 2004

 

Heaney and Scofield continue to be a problem. The contractor has cut gas and water lines on several occasions and is overall doing a poor job. I have asked the City Attorney to review the correspondence to prepare for possible litigation.

 

The leaking sewer line near the Fishkill Creek and 9D was closely examined. It was determined that its condition makes temporary slip lining impossible. As a result, the DOT has recommended expediting the replacement of that line. The DEC has tentatively agreed. The contractor is putting together a schedule.

 

I continue to work with the firm that provides the City’s finance software to prepare to transfer taxes from the County’s system at the end of the year. As I mentioned earlier, that software is outdated and must be replaced next year.

 

As you know the ferry will not begin until next spring. Preparations are though complete. Assuming the operator navigates its current problems, a spring start will provide an opportunity to build rider ship during the good weather.

 

Installation of sanitary sewer flow meters will be completed this week. These meters will provide better information on the sources of the inflow into the system.

 

I have been in contact with Alamo about the paramedic service it provides.  Once I have obtained updated response time information, we will meet with BVAC and Alamo to discuss how to improve those times.

 

I would like to thank Rob Riley and his staff along with the Office of Court Administration for improvements to the acoustics in the Courtroom. The next step is upgrading the sound system.

 

November Wa