Beacon City Council Special Meeting

November 8, 2004

 

 

Call to Order

The special meeting of the Beacon City Council held at the Municipal Center, One Municipal Plaza, was called to order at 7:00 p.m. by Mayor Clara Lou Gould.

 

Pledge of Allegiance

 

Councilmembers present:  Fred Antalek, Lee Kyriacou, Sam Way and Deanna Leake.  Councilmember Michael Fasano entered the meeting at 8:10 p.m.

 

Also Present:  Joseph Braun, City Administrator and Gerard Pisanelli, City Attorney. 

 

Mayor Gould explained the basis for the Special Meeting was to award a bid for the installation of a new sanitary sewer main along Route 9D which has been in process for over a year.  The City Attorney requested the other item because one police officer’s name was inadvertently left out of the list when the original resolution was passed on Monday, November 1, 2004. 

 

There were no public comments on either proposed resolution and the public hearing was closed on a motion made by Councilmember Way, seconded by Councilmember Leake.  All voted in favor.  Motion carried 5-0. 

 

NEW BUSINESS

Resolutions:

Resolution No. 211 of 2004:  Bid Award for installation of new sanitary sewer main along the easterly side of New York State Route 9D in the City of Beacon – lowest responsible bid submitted by Coyle Industries.

 

City Administrator Braun read the resolution as follows:

 

RESOLVED, that the Mayor will be authorized to accept the lowest responsible bid submitted by Coyle Industries for the installation of new sanitary sewer mains along the easterly side of New York State Route 9D in the City of Beacon and be it further

 

RESOLVED, that the Mayor be hereby authorized to execute a contract with Coyle Industries in the amount of $275,060.00 for the installation of new sanitary sewer mains along the easterly side of New York State Route 9D in the City of Beacon.

 

A motion to adopt the resolution was made by Councilmember Way, seconded by Councilmember Leake. 

 

Councilmember Kyriacou asked the City Attorney if he had an opportunity to respond to his email regarding the status of action brought by Tioronda, LLC.  City Attorney Pisanelli reported he was involved with a City related legal matter all day and had not had the chance to respond or call for the current status.  He explained the action brought by Tioronda, LLC is against the New York State Governor and Department of Transportation regarding proposed Route 9D drainage improvements.  It involves filing of maps by the State of New York that took over a portion of Tioronda, LLC’s property.  City Attorney Pisanelli reported he has another day of criminal investigation activity and will report as soon as possible.  He explained this resolution has nothing to do with that lawsuit. 

 

City Administrator Braun reported this bid is for the installation of a new sewer line on the east side of Route 9D and is not related to sewer leakage near the “Marianne Bridge”.  He explained part of the proposed Route 9D project was to slip line that sewer main however upon further investigation, it was discovered the line was too damaged to slip or repair and must be completely replaced. 

 

Councilmember Kyriacou thanked both for clarification and explained he wanted to be sure those issues were not related to this resolution. 

 

City Administrator Braun added that the DOT has been served with an injunction from Tioronda, LLC barring them from entering their property.  He explained this will not affect the overlay of Route 9D scheduled for November 18th. 

 

There were no further comments.  On roll call, all voted in favor of the motion to approve the resolution.  Motion carried 5-0.

 

Resolution No. 212 of 2004:  Authorize Mayor and City Council to hire selected attorneys to defend the additional City of Beacon police officer’s defendants’ named in the amended Buddenhagen lawsuit against the City of Beacon. 

 

City Administrator Braun read the resolution as follows:

 

WHEREAS, Police Officers, Shawn Barry, and Francis Pompilio, Lieutenants Matthew Dondero and Paul Schettino and Sergeats Louis Musmeci, Gary Fredericks and Rush Greenough 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, Sergeant Gary Fredericks and Sergeant Rush Greenough. 

 

 

 

City Attorney Pisanelli explained this resolution is intended to include all persons named in the lawsuit.  Councilmember Antalek made a motion to approve the resolution, seconded by Councilmember Way. 

 

Councilmember Kyriacou had a personnel question only appropriate for executive session.  City Attorney Pisanelli advised that an executive session had been held before approval of the original resolution when Councilmember Kyriacou was not in attendance.  They conferred on the content of that discussion privately rather than hold another executive session.  During that session, Mayor Gould announced a local manufacturer donated pewter desk and floor lamps to be sold as a fund raiser for youth services.  Lamps are still on sale this week at the Beacon Community Center from 8:00 - 3:00 p.m. 

 

Councilmember Fasano joined the meeting at 8:10 p.m. and was brought up to date on the agenda.  After the consultation between City Attorney Pisanelli and Councilmember Kyriacou ended, there were no further comments.  On roll call, all voted in favor of the motion to approve the resolution.  Motion carried 6-0.

 

Mayor Gould announced a workshop meeting follows this Special Meeting.  The next Council Meeting is scheduled for Monday, November 15th when the public hearing on the 2005 proposed budget will be held.  Copies of the proposed budget are available at City Hall and the Howland Public Library. 

 

There was no further business to discuss and the meeting was adjourned on a motion made by Councilmember Kyriacou, seconded by Councilmember Leake.  All voted in favor.  Motion carried.  The meeting adjourned at 8:15 p.m.

 

 

 

 

                                                                        Respectfully submitted,

                                                                        Etha Grogan

                                                                        November 9, 2004