CITY COUNCIL PUBLIC HEARING

Minutes

City of Beacon Council Meeting Minutes

December 20, 2004

The regular meeting of the Beacon City Council held at the Municipal Center, One Municipal Plaza on December 20, 2004 at 7:50 p.m. was called to order by Mayor Clara Lou Gould with the Pledge of Allegiance to the Flag immediately following the completion of the Traffic and Safety Committee’s Meeting.

Council Members present were: Deanna Leake, Sam Way, Lee Kyriacou, Fred Antalek and Mike Fasano.

Council Member Excused: Eleanor Thompson

Also present were: City Administrator, Joseph Braun

City Attorney, Gerard Pisanelli\

Residents present at beginning: 20

The Media were represented by: Goldee Greene – Beacon Free Press

Michelle Lee – Poughkeepsie Journal

Public Hearings:

Proposed Local Law Amending Section 191-12.1 of the Beacon City Code Entitled “Repair of Sidewalks”.

PLEASE TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, December 20, 2004, at the City of Beacon Municipal Center, One Municipal Plaza, Beacon, New York at 7:30 P.M., Or As Soon Thereafter As The Matter Is Reached On The Agenda, To Consider a Proposed Local Law To Amend Section 191-12.1 of the Beacon City Code entitled “Repair of Sidewalks”

Section 191-12.1 shall be amended to read as follows:

When the Building Department is put on notice of a defect in a sidewalk, it shall require the owner of property abutting upon a street to repair or replace any sidewalk in front thereof that is required to be repaired or replaced. Where the owner of such property shall fail or neglect to repair or replace such sidewalk for 30 days after notice to do so has been served upon the owner, either personally or by mailing the same to the name of the last known owner thereof as the same appears on the assessment roll of the City of Beacon for the last calendar year, the Street Department shall repair or replace such sidewalk, and the statement for 100% of the cost incurred thereby shall be served upon the owner, either personally or by mailing the same to the name of the last known owner thereof as the same appears on said assessment roll. If the owner of the property shall fail to pay the same within 15 days after demand, the City Assessor shall, in the preparation of the next assessment roll, assess such amount upon such property, and the same shall be levied, collected and enforced in the same manner as taxes upon said property for City purposes are levied, collected and enforced. In addition, in the event that the owner of said abutting property does not make the repairs required herein and a pedestrian or user is injured as a result of a defective condition of the sidewalk, the owner of the abutting property shall be liable for the injuries suffered by the pedestrian or user of the sidewalk after service of the notice of defect herein has been made upon the property owner as set forth in this section.

The local law would take effect immediately upon its filing with the Secretary of State. Complete copies of the proposed local law are available at the Municipal Center for inspection during regular business hours.

All interested persons and citizens shall have an opportunity to be heard on said proposals at the date, time and place aforesaid.

Clarification from City Attorney Gerard Pisanelli: We are putting something back into the code that was inadvertently taken out. In addition, we want to make sure the building department does not go out and look for these things unless it is brought to their attention.

Public Comments:

Dennis Pavelock: Has any consideration been given to people who are disabled or senior citizens on fixed incomes who are not able to pay for these sidewalks. After a sidewalk is put down, and in six months it becomes cracked, does the resident have to pay for it to be repaired again? Who is responsible if the job was not done properly the first time?

Rick Marscano, 85 East Phillips – I am a contractor as well as a home owner. Are you going to have a list of contractors that will be doing the work available to homeowners? Who will be held responsible if they do not adhere to the city engineer’s specs for these sidewalks?

Tim Kelleher: I notice that some sidewalks that were replaced last year are being damaged by salt or when modular homes are brought onto property. If the homeowners are not at home and their sidewalks are destroyed, they will not know who did the damage. Who will be held responsible?

No further comments

Motion to close hearing: Council Member Fasano. Seconded: Council Member Way. All voted in favor. Motion carried.

Community Segments:

First Segment: Ned Foss Group – Scenic Hudson

A slide presentation was given showing plans for the improvements of this Hudson River location in the city of Beacon. They showed how the waterfront would look when the project is completed. All of this should be online and on the web sight by the end of this year. For detailed information and progress on this exciting project, go on the Internet to Longdockbeacon.com and you will see in detail what the Ned Foss Group – Scenic Hudson has planned for the City of Beacon.

Second Segment: Awards to firefighters. Chief Dennis Lahey, Jr. began: Every year at the last city council meeting, of the year, we give out these awards.

He announced that he would be leaving his position and that he enjoyed working as Department Chief for the past 10 years.

He then introduced Charles M. Pisanelli, Captain of the Beacon Fire Department, who read the incident reports then presented the following awards.

Awards presented to Russell Joseph and Michael Davis:

On March 1, 2004 at 3:16 p.m., the City of Beacon Fire Department responded to a report of a motor vehicle accident on Route 9-D and I-84. Fire fighters Russell Joseph and Michael Davis found the driver unconscious and unresponsive and not breathing. Fighter fighters Joseph and Davis removed the victim from the car and administered rescue breathing to the victim until EMS Personnel arrived on the scene to treat the victim. If it were not for the actions of fire fighters Russell Joseph and Michael Davis, the victim would not be alive today. The Beacon Fire Department is proud to present Emergency Medical Service Awards to fire fighter Russell Joseph and Michael Davis for their outstanding performance in saving a life in the line of duty.

Award presented to Timothy Joseph:

On November 16, 2004, at approximately 8:00 a.m., City of Beacon Fire Department responded under mutual aid to Chelsea for a reported structure fire at 35 W. Booth Blvd. Upon arrival, heavy smoke was emitting from the structure and there was family members reporting a victim trapped in the building. Fire fighter Timothy Joseph attempted to enter the structure through the garage door. Upon gaining access, fire fighter Joseph located a victim in the garage and removed the victim. The City of Beacon Fire Department is proud to present the Meritorious Medal to Timothy Joseph for his actions in saving the life of the victim.

Award presented to Assistant Chief Terry Davis -

On Friday, January 23, 2004 at 2:42 a.m, the City of Beacon Fire Department was dispatched to 30 Eliza Street to a reported porch fire. First arriving units observed large amounts of fire shooting out of the rear, like a blowtorch, approximately 10 to 15 feet in the air. First units on the scene observed the tenants on the porch roof area near the front of the house. It was a large wood framed house with an enclose rap around porch. The mother of the children had made it to the porch roof and jumped, breaking her ankle, as units arrived. Assistant Chief Davis had parked at the rear of the structure and reported to the front of the house to set up a command post with the chief of the department, Dennis Lahey, Jr. The boy friend was then assisted to the ground from the porch via the fire department ladders provided by firefighters, Kevin Scofield and Eric Schmidt. At this time, units and manpower were still arriving to the scene. Assistant Chief Davis could then see two young children on the porch roof through the smoke and flames emitting from the porch windows. Assistant Chief Davis and Firefighter Matt Naughton then repositioned the ladder that was used to rescue the boyfriend near the children. Assistant Chief Davis, with complete disregard of his own safety, climbed approximately 12 to 14 feet to the second floor porch. As he climbed to the roofline, he could see two children on the roof through the thick dark smoke and high heat. The seven-year-old boy turned to his younger brother and told him to follow him. The fire on the enclosed porch beneath them was now lapping out of the windows, impinging on the ladder. Assistant Chief Davis grabbed the first child. At this time a flash over occurred on the first floor forcing high heat, smoke, and fire out of the windows and door. Assistant Chief Davis and the young child were forced off the ladder some 12 to 14 feet in the air because of the flash over. The child had fallen atop Assistant Chief Davis halfway across the street. After ensuring care of the victim, Assistant Chief Davis reported back to command to find the flash over effects of smoke, heat and fire throughout the first floor that had forced the scared younger child back into the house. Unfortunately, the second child went back into the house and was found some five minutes later by Lt. Timothy Dexter, Sr. who had entered the second floor by way of a ground ladder. Lt. Dexter searched the second floor bedroom where he found the second younger child and removed him to awaiting EMS personnel. The child had severe smoke inhalation and burns and succumbed to his injuries. It is with great pride that the city of Beacon Fire Department presents it highest award, “The Medal of Valor” to Assistant Chief Terry Davis for his selfless courage and heroic action under extremely adverse conditions to rescue a child from almost certain death. This is a true testament to his dedication to the people of the city of Beacon and to the Fire Department.

Awards presented to: Lt. Timothy Dexter, FF Kevin Scofield, FF Matt Naughton and FF Eric Schmidt

We would also like to bestow these fire service awards on Lt. Timothy Dexter, FF Kevin Scofield, FF Matt Naughton and FF Eric Schmidt for their heroic outstanding performances in the line of duty by working as a team to save these lives and averting a worse tragedy.

At the completion of the presentation of these awards, the recipients received an enthusiastic round of applause.

Mayor Clara Lou Gould asked for a motion to approve Council Meeting Minutes for December 6, 2004.

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

Reports: Text for the following reports dated December 20, 2004 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 Report of Activities – 1^st Meeting of the Month

Mayor Clara Lou Gould read her Report of Activities

Announcement by Mayor Clara Lou Gould: It has been brought to our attention that this has been the tenth year that one of our regular meeting attendees has been coming to meetings and I thought it was appropriate to do a proclamation. Read by Mayor as follows: (Note: Going down the list, the first letter of each line spells Dennis for Dennis Pavelock).

Dedicated to keep the city of Beacon as the special place it is.

Eveready to help a good cause in the community.

Never misses an opportunity to question or comment on an issue.

Needs no motivation to participate other than knowing that it will help the city and its residents.

Is a faithful attendee of meetings for information and input.

Service is his goal.

Perseverance is his second nature. And virtually everyone learns that if it is of interest to members of our community, he will keep involved. Thank you Dennis. Dennis was taken completely by surprise.

Public Comments: Pertaining to This Agenda Only

Marjorie Yeaple – I hope we can keep our stop sign.

Betty DiPompo, 6 Pearse St: I suggest that we keep the stop sign there. It will not cost anything. It protects the children. I see the cars speeding when I come up that way. I think something should be done about the speed limits when our children are involved.

Laura Hecter – I do not see how it is an inconvenience to anyone to keep the stop signs where they are.

Motion to suspend rules to allow John Forman, County Legislator to present the County Budget: Council Member Kyriacou. Seconded: Council Member Fasano. All voted in favor. Motion carried.

John Forman – County Legislator – County Budget -

2005 DUTCHESS COUNTY BUDGET

· 2005 adopted tax levy $ 71,011,788 or $2.85 per $ 1,000 True Value Assessment

· 2005 MEDICAID BILL $ 50,500,000 (up from $48M in 2004)

· FUND BALANCE IN DECEMBER 2003 ‑ $7.6M (down from $24M just five years ago)

INCREASED" SALES TAX (.75%) WAS TO SUNSET ON 11/30/2005 ‑ THIS WAS VOTED ON AND PASSED TO REQUEST HOME RULE FOR ADOPTION.

DUTCHESS COUNTY SALES TAX 8.25%

NYS 4.25%

DUTCHESS COUNTY 3.75%

MTA . .25%

TOTAL 8.25%

VEHICLE SURCHARGE ON REGISTRATIONS WERE PUT IN EXECUTIVE BUDGET AND NOT SUPPORTED BY LEGISLATURE - $ 1. 1 M REVENUE THAT WE HAD TO GENERATE

COUNTY EXECUTIVE PROPOSED AN INCREASE TO THE MORTGAGE TAX ‑ currently the DC mortgage tax is 1% (DC received $0 from this tax)

THE PROPOSAL INCREASED THIS TAX TO 1.25% (with DC receiving the.25%) THIS WOULD HAVE GENERATED APPROXIMATELY $3.3M ‑ * THIS ALSO IS A HOME RULE REQUEST ‑ REVENUE FOR THIS IS BUDGETED TO BEGIN APPROXIMATELY 06/01/05

THE LEGISLATURE PASSED THIS NEW TAX AND INCLUDED THE FOLLOWING LANGUAGE:

The first $250, 000 for any mortgage is exempted from the "local share” of the mortgage tax.

INSTEAD OF RECEIVING APPROXIMATELY $3.3M WE ARE BUDGETING $ 1.OM WITH THE EXEMPTION

CREDIT RATING FOR DUTCHESS COUNTY DROPPED IN DECEMBER OF 2003 to Aa2.

MOODY'S HAS INFORMED DC WITH THE ADOPTION OF THE 2005 BUDGET, OUR CREDIT WILL NOT DROP AGAIN, BUT WE ARE ON THEIR "WATCH LIST"

CONTRACTS TO EXPIRE ON 12/31/04:

(Deputy Sheriffs)

CSEA

2005 Estimated Taxes on Proposed Tax Levy of $71,011,788
TOWNS	2004 ESTIMATED TAX	2005 ESTIMATED TAX	DIFFERENCE	% CHANGE
	Based on $250, 000 Market Value	Based on S250, 000 Market Value
Amenia	632.22	712.57	80.35	12.71%
Beekman	598.40	712.80	114.40	19.12%
City of Beacon	594.76	713.13	118.37	19.90%
Clinton	611.11	712.74	101.63	16.63%
Dover	608.34	712.0-6	104.33	17.15%
East Fishkill	625.75	714.16	88.41	14.13%
Fishkill	608.24	712.56	104~32	17,150/
Hyde Park	614.99	712.55	97.56	15.86%
Lagrange	594.65	712.80	118.15	19.87%
Milan	651.71	712.58	60.87	9.34%
Northeast	735.60	712.64	(22.96)	-3.12%
Pawling	664.25	712.59	48.34	7.28%
Pine Plains	594.33	712.70	118.37	19.92%
Pleasant Valley	595.92	712.66	116.73	19.59%
Town of Poughkeepsie	596.79	712.85	116.06	19.45%
City of Poughkeepsie	595.27	713.75	118.48	19.90%,
Red Hook	633.93	712.57	78.64	12.41%
Rhinebeck	651.59	712.45	60.86	9.34%
Stanford	608.28	712.59	104.31	17.15%
Union Vale	616.67	712.58	95.90	15.55%
Wappinger	602.30	712.91	110.62	18.379/~
Washington	653.63	714.63	61.00	9.33%

Average Tax	622.21	712.88	90.67	14.86%