Minutes

City of Beacon Council Meeting

February 22, 2005

 

REGULAR MEETING

 

The regular meeting of the Beacon City Council at the Municipal Center, One Municipal Plaza was called to order at 7:30 p.m. by Mayor Clara Lou Gould with the Pledge of Allegiance to the Flag.

 

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

 

Council Members Excused:                 Eleanor Thompson and Lee Kyriacou

 

Also Present:                                        City Attorney, Gerard J. Pisanelli

 

Excused:                                              City Administrator, Joseph Braun

 

The media were represented by:          Goldee Greene, Beacon Free Press

                                                            Michelle Lee, Poughkeepsie Journal

 

Residents present at beginning:            10

 

Public Hearings:

 

1. Proposed Local Law to Amend Chapter 63 Smoking by Amending Section 63-5 Enforcing Agent, Remove John McElduff name and substitute “City Administrator.  Read by Gerard Pisanelli, City Attorney.

NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that the City of Beacon will hold a public hearing on Tuesday, February 22, 2005, 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 Chapter 63 Smoking by Amending Section 63-5 Enforcing Agent.

 

This local law is intended to remove John McElduff’s name from the local law and designate the City Administrator as the agent to enforce the smoking policy.

 

Section 63-5 shall be amended to read as follows:

 

The City Administrator shall be designated to assist in the enforcement of this policy by notifying employees who are in violation.

 

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.

 

Public Hearing Comments:  None

 

Motion to close Public Hearing:  Council Member Antalek.  Seconded:  Council Member Fasano.  All voted in favor.  Motion carried.

 

Community Segment:  None

           

Mayor Clara Lou Gould asked for Approval of Minutes for Council Meeting -    

 

                                    February 7, 2005

 

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

 

Reports:   Text from these reports for February 22, 2005 is at the end of these minutes.                  

 

Mayor’s Communications read by Mayor Clara Lou Gould

City Administrator, Joseph Braun – Excused (No report given)

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

Mayor Clara Lou Gould read her Report of Activities

Dutchess County Legislature, Camille Price read her Report for the month of February

Council Members gave their Reports of Activities

 

Public Comments:  Pertaining to This Agenda Only

 

Dennis Pavelock, 34 Judson St. – I want it on the record hat I am not against the Toddler Park but I would like to know why was this put ahead of everything that was already on the list of recreation projects?  Dennis read from a list of maintenance problems at other parks that need attention.  He passed out photos showing the problems. The Mayor asked Dennis to leave her the list so she could address the problems.

 

Miguel Valasquez, 510 Main Street – I would like to re-address what Council Member Leake said in her report regarding parking tickets that were issued Sunday night/early Monday shortly after a snowstorm, I parked my car at 8:00 pm on Sunday evening and went out to my car at 1:50 on Monday.  I was issued a ticket on Monday prior to that time.  There is no exact time written on the ticket I received.  I park in the parking lot so I wouldn’t get a ticket.  The only sign there is 24 hour parking in the lot.  I did remove my car prior to 24 hours.  I took a ride around town to see if other municipal parking areas were ticketed and many were.   I rent an apartment and that is where I am supposed to park.  If this is the situation, where do I park my car?

 

No further comments

 

UNFINISHED BUSINESS:

 

Resolutions:

 

Local Laws and Ordinances:

 

1.Resolution No. 16 of 2005 - Local Law No. 01 of 2005 - to Amend Chapter 63 Smoking by Amending Section 63-5 Enforcing Agent, Remove John McElduff name and substitute “City Administrator.  Second Reading:  Read by City Attorney, Gerard Pisanelli.

 

BE IT ENACTED by the City Council of the City of Beacon as follows:

 

SECTION 1.               TITLE

 

This local law shall be entitled “A Local Law Amending Section 63-5 in order to designate the City Administrator as an agent to assist in enforcing the smoking policy.”

 

SECTION 2.               PURPOSE AND INTENT

 

This local law is intended to remove John McElduff’s name from the local law and designate the City Administrator as the agent to enforce the smoking policy.

 

SECTION 3.               AMENDMENT

 

Section 63-5 shall be amended to read as follows:

 

The City Administrator shall be designated to assist in the enforcement of this policy by notifying employees who are in violation.

 

SECTION 4.                           EFFECTIVE DATE

 

This local law shall take effect immediately upon its filing with the Secretary of State.

 

Motion to adopt proposed law to Amend Chapter 63 Smoking:  Council Member Way.  Seconded:  Council Member Fasano.  On a roll call vote, all voted in favor.

 

NEW BUSINESS:

 

Resolutions:

 

1. Resolution No. 17 of 2005 - Approve the Beacon Engine Company’s Request to Take a Fire Engine to the Hudson Valley Firemen’s Association Annual Parade. Read by City Attorney, Gerard Pisanelli.

 

WHEREAS, the Beacon Engine Company has requested to take a fire engine to the Hudson Valley Volunteer Firemen’s Association Annual Parade in South Glens Falls, New York on June 18, 2005, now therefore, be it

 

RESOLVED, the City Council approves the Beacon Engine Company’s request to take a fire engine to the Hudson Valley Volunteer Firemen’s Association Annual Parade in South Glens Falls, New York on June 18, 2005.

 

Motion to approve the Beacon Engine Company’s Request to Take a Fire Engine to a parade:   Council Member Fasano.  Seconded:  Council Member Antalek.  On a roll call vote, all voted in favor.  Motion carried.

 

2.  Resolution No. 18 of 2005 -To Amend Section 211-17 Time Limit Parking to Add Certain Streets to Subsection B. Schedule XII

 

RESOLVED, that the following streets are added to Section 211-17B. Schedule XII:

 

Name of Street

Side

Time Limit

Hours/Days

Location

West Main Street

Both

4 hours: 6:00 am to 6:00pm/weekdays

Entire length

West Church Street

Both

4 hours 6:00am to 6:00pm/weekdays

Entire length

Ralph Street

Both

4 hours 6:00am to 6:00pm/weekdays

Entire length

High Street

Both

4 hours; 6:00am to 6:00pm/weekdays

Entire length

Tompkins Avenue

Both

4 hours; 6:00am to 6:00pm/weekdays

Entire length

                                   

Motion to Amend Section 211-17 Time Limit Parking:  Council Member Fasano.  Seconded:  Council Member Leake.  On a roll call vote, all voted in favor.  Motion carried.

 

3.  Resolution No. 19 of 2005 - Authorizing Funding for a Toddler Playground read by City Attorney, Gerard Pisanelli.

 

RESOLVED, the City Council authorizes funding for a Toddler Playground at a cost of $37,950 and appropriation of said funds subject to review by Street Superintendent Rob Riley and City Administrator Joseph Braun.

 

Motion to authorize funding for a toddler playground:  Council Member Way.  Seconded:  Council Member Fasano.

 

Council Member Antalek asked how this would affect the budget.  He was told that this amount is over and above the budget.

 

On a roll call vote, all voted in favor.  Motion carried.

 

4.  Resolution No. 20 of 2005 - Authorize a Letter of Support for Construction of a Girls’ Softball Building at Memorial Field.  Read by City Attorney, Gerard Pisanelli.

 

WHEREAS, a Girls’ Softball Building at Memorial Field will be constructed on City park property at no cost to the city, now therefore, be it

 

RESOLVED, the City Council authorizes a letter of support for construction of a Girls’ Softball Building at Memorial Field on City park property at no cost to the City.

 

Motion to authorize a letter of support for construction of a Girls’ Softball Building:  Council Member Fasano.  Seconded:  Council Member Way.  On a roll call voted, all voted in favor.  Motion carried.

 

5.  Resolution No. 21 of 2005 - In Favor of Maintaining the Current Community Development Block Grant (CDBG) read by City Attorney, Gerard Pisanelli.

 

WHEREAS, the City of Beacon has used the Community Development Block Grant (CDBG) funds for a significant portion of its infrastructure; and

 

WHEREAS, good infrastructure is essential for the creation of jobs, now therefore, be it

 

RESOLVED, the City Council hereby favors maintaining the current Community Development Block Grant program.

 

Motion in favor of maintaining the current community development Block Grant (CDBG):  Council Member Fasano.  Seconded:  Council Member Way.  On a roll call vote, all voted in favor.  Motion carried.

 

6.  Resolution No. 22 of 2005 - Authorize Mayor to Apply for Quality Communities Grant Application. Read by City Attorney, Gerard Pisanelli.

 

WHEREAS, the Quality Communities Grant Application for the Comprehensive Plan is complete, be it

 

RESOLVED, the City Council authorizes the Mayor to apply for the Quality Communities Grant for the Comprehensive Plan and be it further

 

RESOLVED, the City Council appropriate $39,450 to cover the city’s share of said Grant.

 

Motion to authorize Mayor to apply for Quality Communities Grant:  Council Member Fasano.  Seconded:  Council Member Leake.  On a roll call vote, all voted in favor.  Motion carried.

 

Local Laws And Ordinances:

 

Ratifications:

 

Appointments/Announcements:

 

1. There is one vacancy on the Board of Ethics Committee and two vacancies on the Human Relations Commission.

 

Last Opportunity for Public Comments:

 

Frank Baxter – Hot Dog Vendor - Challenged a warning letter dated February 2, 2005 from City Administrator, Joseph Braun regarding his conduct in public on January 23, 2005 which could jeopardize his vending permit. This was based on a complaint from a Beacon resident.  Mr. Baxter claims that on that day he was watching the super bowl playoffs, and did not leave his home. Therefore, the accusations in the letter are not true.  Mr. Baxter also had complaints concerning the problems he is having obtaining his vending permit.  The council will investigate his complaint.

 

Barbara McCaskill, 242 Rombout Avenue –I am here to inquire about the handball court that was approved.  When will it be completed?  According to the Recreation schedule it is a project scheduled for 2009.  She asked why it was put aside and other projects put ahead of the handball court.  Council Member Sam Way answered that projects are prioritized by need. The Mayor suggested that Mrs. McCaskill go to the Recreation Department for further details.   

 

Tim Kelliher – Regarding the $50.00 tickets that were issued on the snow day to many Beacon residents.  Were they done wrong or illegally   I think these people should be notified somehow after the council looks into this matter.

 

No further comments.

 

Budget Amendments requiring Council Action for February 22, 2005:

 

1.         Amend the General Fund Balance (Code: A 909) in the amount of $10,443.00 for the Recreation expense (Code:  A 7140.X2500.01).  This amount was unexpended at the end of 2004 and will be used in 2005 for the following:

                       

New Girl’s Softball Field

                        Bathrooms at Green Street and Memorial Park

                        Fencing for Junior Baseball Dugouts

                        Parking lot on South Avenue between the Tennis Courts and the Basketball Court

                        Replace Tennis Court at Memorial Park and replace lighting

 

**As these projects are all very important and will use the total amount of funds now available in the 2005 budget (after the transfer), the Recreation Department is requesting that none of these funds be allocated to the Wee Play Project.  The separate allocation of $38,000 in discussion is to be used for the new toddler playground.

 

Motion to amend the General Fund Balance in the amount of $10,443.00 for the Recreation Expense:  Council Member Antalek.  Seconded:  Council Member Leake.  On a roll call vote, all voted in favor.  Motion carried.

 

2.         Amend the General Fund Balance (Code:  A 909) in the amount of $1,311.00 for the Attorney Arbitrator expense (Code:  A 1420.X4506.01) to cover fees related to PBA Detective grievances.

 

Motion to Amend the General Fund Balance in the amount of $1,311.00 for the Attorney Arbitrator Expense:  Council Member Way.  Seconded:  Council Member Fasano.  On a roll call vote, all voted in favor.  Motion carried.

 

Review of Bills:  As of February 22, 2005

                                   

                                    Disbursements for 2004 -                      $65,016.23

                                    Disbursements for 2005                                  $181,861.50

           

Next Workshop Date:            Monday, February 28, 2005 at 7:00 pm.Municipal Center

Next Council Meeting:            Monday, March 7, 2005 at 7:30 p.m.Municipal Center

Motion to Enter into an Executive Session: None

 

Adjournment:  Motion to adjourn meeting at 8:22 p.m.:  Council Member Antalek.  Seconded:  Council Member Fasano.  All voted in favor.  Motion carried.

 

Text from reports for February 22, 2005

 

Mayor’s Communications:

 

02/10/05:  Frances A. Knapp, Commissioner – DC Board of Elections

RE: Custodians of Voting Machines

 

On the recommendation of your Republican and Democratic Town Chairmen, the following have been appointed Custodians of Voting Machines for the year commencing January 15, 2005 and ending January 14, 2006:

 

REPUBLICAN CUSTODIAN: Dieter Ohlhoff - Fred Simmons

 

DEMOCRATIC CUSTODIAN: John Berry - Steve Gold

 

If you have any questions, please do not hesitate to contact our office.

 

02/04/05:  William R. Steinhaus – DC Executive

RE: 2005 Community Development Block Grant

 

The funding process for the 2005 Community Development Block Grant program year is complete. I have reviewed the recommendations of the Dutchess County Community Development Advisory Committee and have made my award determinations for the year.

 

Our 2005 grant award total for Dutchess County is $1,830,179. I have awarded the City of Beacon, $199,621 for Infrastructure and $20,000 for Rebuilding Together with Christmas-in-April based on this amount.

 

Congratulations on your funding award. We look forward to working with you in the upcoming year. An orientation seminar is scheduled for Thursday, February 24th at the Dutchess County Department of Planning and Development. A notice of the particulars of the seminar has been sent to you from our Planning Department.

 

If you have any questions, please feel free to contact my Community Development Administrator Elizabeth Doyle at 486-3600.

 

Mayor Clara Lou Gould’s Report of Activities for February 22, 2005

 

1. Met with Sara Pasti, the new President of BACA, and Jennifer Mackiewicz, one of the officers. They are eager to keep activities growing to keep Beacon businesses a destination for residents and visitors.

 

2. Attended a meeting of the HFCQ. Selection of a marketing group is in proem, and the Commission will shortly begin outreach to the communities to begin to plan for the commemoration.

 

3. Visited Castle Point as part of the Veterans valentine remembrance activities.

 

4. Attended a meeting at Scenic Hudson's office on Long Dock, for an update of the plans, which are moving forward. Construction is expected to begin next year with completion 2007.

 

5. Tioronda Garden Club had a brief meeting at the Patriots Garden at Verplanck and Matteawan. Assemblyman Tom Kirwan presented check to help with maintenance.

 

6. Mid Hudson Pattern for Progress held a meeting to begin discussions on coordinating plans to improve and increase regional cooperation in the mid‑Hudson.

 

7. Mase Hook and Ladder celebrated the II8th anniversary of the Company's founding with a dinner. 50 Year member Robert Schlegel and 25-year member Shawn Antalek were among the honorees.

 

8. Marriages 2 and 3 were witnessed.

 

Memorandum in Support ON COMMITTEE AGENDA PRIORITY - February 4, 2005

 

A. 2517A, By M. of A. DiNapoli, Weisenberg, Grannis, Colton, Dinowitz, Cymbrowitz, Englebright, Clark,

Galef, Tonko, Carrozza, A. Cohen, Paulin, Hoyt, Sanders, Rivera

 

S. 1290A ‑‑ by Sens. Lavalle, DeFrancisco, Leibell, Marchi, Padavan

 

AN ACT to amend the environmental conservation law, the economic development I aw and the state finance law, in relation to returnable beverage containers; and to repeal sections 27‑1 D05, 27‑1007 and subdivision 2 of section 27‑1011 of the environmental conservation law relating thereto

 

The Conference of Mayors has reviewed this legislation, supports its provisions, and recommends its enactment into law.

 

This legislation, referred to as "The Bigger, Better, Bottle Bill," would expand the current returnable beverage container law (RBCL) to include all beverages with the exception of liquor, wine, infant formula and milk, and to provide for the return of unclaimed deposits on beverage containers to the State for deposit into the Environmental Protection Fund (EPF).

 

One of NYCOM's legislative priorities for 2005 is the support of this legislation. The RBCL has been one of New York's most successful recycling initiatives. Not only has it reduced litter along our roadways and in our public spaces, but it has reduced the burden of solid waste disposal that is shouldered by municipalities.

 

Since the enactment of the RBCL in 1982, the beverage industry has evolved and expanded in response to consumer needs and lifestyles. Additional beverages, such as bottled water, juices and teas have been introduced into the consumer stream. These containers have found their way into the municipal waste stream. Just as consumer tastes and habits have evolved, so must State legislative response. It is time to update the RBCL to include these new products and this bill will accomplish that.

 

Expansion and improvement of NY's most successful recycling and litter prevention program will protect our environment and increase recycling, prevent litter and make our communities safer and cleaner; reduce waste disposal costs for municipalities, and create new jobs in the recycling and retail industries.

 

However, expansion of he RBCL's coverage is not the only step that is necessary. The Legislature needs to take back the unclaimed deposits and dedicate those funds to environmental projects. Right now the bottlers and distributors who initiate the deposit collection system enjoy a five‑cent windfall for each container that is not returned. This bill would provide a mechanism to return those unclaimed deposits ‑ which currently total at least $85 million annually ‑‑ to the State for deposit into the EPF to fund a variety of municipal environmental programs. Such an increase in the EPF could help municipalities respond to the ever increasing number of state and federal environmental mandates and health impacts associated with litter and pollution.

 

For all of the forgoing reasons, the Conference of Mayors supports this legislation and recommends its enactment into law,

 

Legislator, Camille Price gave the Legislative Report for February

 

A resolution to issue $743,000 serial bonds to pay for improvements at County parks or recreation areas.  It would find a multi-purpose amphitheater in Bowdoin Park, a pavilion overlooking the waterfront in Wilcox Park and studies, testing and engineering at the new Park, Quiet Cove, (the former Psych Center) and resulting preliminary site improvements.  When we reported on this before, we were made aware of wetland areas.  Now, because of this, the developer has changed the plans to preserve the wetland areas and structures and recreation areas will be built around the wetland areas.

 

A resolution to adopt a negative declaration regarding landowner requests to include property within an existing Count Agriculture District.  The properties that were approved by the Agriculture and Farmland Protection Board are listed on the Environmental Assessment form and were all found to have no significant environmental impact so the Negative Declaration is part of the SEQR form submitted.

 

Resolution regarding property owner requests be included in the County’s Certified Agriculture Districts 20,21,22 & 23.  This resolution adopts the recommendations of the Agriculture and Farmland Protection Board.

 

We set a public hearing for the establishment of part County Sewer District No. 2 in the Town of Pleasant Valley.  The public hearing is set for March 14 at 4:00 p.m. in the Legislature Chambers in the County Office Building, 22 Market Street, Poughkeepsie.

 

We set a public hearing for the establishment of part County Sewer District No. 1 & Zones of Assessment 1A & 1B in the Town of Beekman.  This is also set for March 14 at 4:00 p.m. in the Legislative Chambers.

 

We approved the County Airport lease with the Federal Aviation Administration (FAA) regarding the operation and maintenance of an Instrument Landing System Glide Slope.  FAA will operate and maintain the Glide Slope through September 30, 2024.

 

A resolution requesting that the Secretary of State, DEC, U>S. Army Corps of Engineers and pertinent  SEQR participants to hold a public hearing in northern Dutchess County regarding the St. Lawrence Cement proposed expansion application.  This resolution was amended to have a public hearing in Dutchess County because we are the Dutchess County Legislature and have no jurisdiction in other Counties.  This resolution was sent to Randy Daniels the Secretary of State and we will hear from him as to the granting of our Legislative request.

 

A resolution authorizing hiring a consultant to study jail overcrowding.  This resolution allocates $25,000 for a consultant to review the Criminal Justice Council’s Report on Jail Overcrowding.  The amount is considerably less than the previous bonding amount of $570,000.  It is my understanding that our leadership is negotiating with the State Corrections Department to lessen the number of additional beds we need in the jail.

 

We passed a resolution as a Home Rule Request to urge the NYS Legislature to approve a Senate Bill and an Assembly Bill that enables Dutchess County to extend authorization for the additional ¾% sales and use tax.  We passed our 2005 County Budget using numbers that include the additional percentage with the knowledge that we have to take this step and pass this resolution.

 

Council Member Way:  I want to request that the Pursuit Policy be put on the workshop agenda for discussion.

 

Council Member Leake:  Good evening everyone!  I have a question regarding a workshop. 

 

a.)    Is David Stolman going to be attending the workshop for private roads? 

b.)    Will a representative from Ursaline be present to discuss development plans?

 

Gwen Crenshaw – resident/business owner on Main Street.  She, along with residents, was ticketed on February 24, 2005 for parking in a parking lot on the corner of Clift and Main Street.  They have parked in this parking lot since 1996 without a problem.  Please look into this problem.

 

Council Member Fasano:  I attended the Mase Hook and Ladder 118th Anniversary Banquet.  Also Roger Owens of 21 Prospect Street had a situation where the firemen broke down the door of his house after a neighbor reported seeing a glow inside but there was no fire.  He is asking if the city pays for that or does he put in a claim to his insurance?  I will be looking into this further

 

Submitted by Lucy M Cullinan – February 28, 2005