Minutes

City of Beacon Council Meeting

February 7, 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 and a prayer by Barbara Baker.

 

Council Members Present:                   Eleanor Thompson, Sam Way, Lee Kyriacou, Fred Antalek and Mike Fasano

 

Council Members Excused:                 Deanna Leake

 

Also Present:                                        City Administrator, Joseph Braun

                                                            City Attorney, Gerard Pisanelli

 

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

                                                            Michelle Lee, Poughkeepsie Journal

 

Residents present at beginning:                        15

 

Public Hearings:  None

 

Community Segment:            None

 

Mayor asked for a motion for the following:

 

Approval of Minutes: Council Meeting -                            January 10, 2005

 

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

 

Reports:  The text from the following reports for February 7, 2005 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

 

Council Member Way requested an Executive Session regarding a personnel concern.

 

Public Comments:  Pertaining to This Agenda Only

 

Dennis Pavelock – Judson St. - Under New Business – How many foreclosures in Beacon at that time (2002 – 2003)? 

 

City Attorney Gerard Pisanelli:  It will go through the natural order of the process.  We start with the people who did not pay their taxes.  We send them a letter to make sure they understand what is going to happen in order to encourage them to pay.    In the end a list is created with about five or six and not more than ten property owners who do not pay their taxes.  These then go through a long involved court process.

 

No further comments.

 

UNFINISHED BUSINESS:

 

Resolutions:

 

Local Laws and Ordinances:

 

1.  Second Reading – Proposed Local Law to Add to Chapter 33 of the Beacon City Code Entitled, “Harbor Management” to Create a New Subsection C. to §33-8.  “Permit Applications and Procedures To Be Tabled

City Attorney Pisanelli:  We do not need a motion to dispense with the second reading of this proposed law. The process will start all over again beginning with the republishing, etc. Another thing I would like to mention is that I did add the words that Council Member Antalek requested under No. 3 that the general liability and property damage shall be changed to add the City of Beacon as an additional insurer. 

 

City Administrator Joseph Braun:  It was suggested that we review a management plan before we pass this.  We do have the resolution in place from last year, which we will use.

 

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

NEW BUSINESS:

 

Resolutions:

 

1.  Resolution No. 8 of 2005 - D.C. Stop DWI Enforcement Program Funding:  The Allotted $3,800.00 overtime allowed in the 2005 Dutchess County Stop DWI Enforcement Funding not be exceeded and that a report of overtime expenditures be submitted to the City Council read by City Administrator, Joseph Braun.

 

Resolved, that the allotted $3,800 for overtime allowed in the 2005 D.C. Stop DWI Enforcement Program Funding not be exceeded and that reports of overtime expenditures pertaining to this grant be submitted to the City Council and;

 

Be it further RESOLVED, that these funds shall not be expended until a report from City of Beacon Finance Department on 2004 Stop DWI is provided to the satisfaction of the City Administrator.

 

Motion to approve allotted overtime allowed in 2005 for D.C. Stop DWI Enforcement Program Funding not to exceed $3,800.00 and not to be expended until a report for 2004 is provided:  Council Member Fasano.  Seconded:  Council Member Kyriacou.  On a roll call vote, all voted in favor.  Motion carried.

2.  Resolution No. 9 of 2005 - Authorize Mayor To Sign Agreement with Pisanelli Law Firm Regarding Municipal Tax Foreclosure Legal Services for the Years 2002 – 2003 read by City Administrator, Joseph Braun.

 

RESOLVED, that the Mayor be hereby authorized to sign the Agreements between the Pisanelli Law Firm and the City of Beacon to proceed with the enforcement and foreclosure of delinquent real estate taxes for the Years 2002 and 2003, pursuant to New York Real Property Tax Law Article 11, as per the written fee proposal Agreements dated February 7, 2005.

 

Motion to authorize Mayor to sign agreement:  Council Member Fasano.  Seconded:  Council Member Kyriacou.

Council Member Kyriacou:  Asked the City Administrator to explain to the audience what our policy is on professional contracts

City Administrator, Joseph Braun: Professional contracts are renewed every five years.  This year it is the City Engineer and next year it will be the City Planner.  We are in the process of redoing a comprehensive plan and it seems like a good year to seek competitive proposals for planning services.

 

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

3.  Resolution No. 10 of 2005 - Accept Sealed Bid for Sale of 22 Rende Drive read by City Administrator, Joseph Braun.  Read by City Administrator, Joseph Braun.

 

WHEREAS, sealed bids have been solicited for the purchase from the City of 22 Rende Drive; and

 

WHEREAS, this parcel owned by the City is not large enough to be a separate building lot, now therefore, be it

 

RESOLVED the City Council accepts the sealed bid of Larry S. Dahl in the amount of $5,150.00 with closing costs to be paid by the purchaser, for the purchase from the City of 22 Rende Drive, Grid #30-6054-13-191471, and authorizes the City Attorney to prepare the transfer documents which will combine 22 Rende Drive with the existing Dahl property with no further subdivision being allowed.

 

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

4.  Resolution No. 11 of 2005 - Authorize Mayor to Sign Utility Easements, one with Joseph and Donna Green and one with Lori Joseph Builders, Inc.

 

RESOLVED, the Council hereby authorizes the Mayor to sign two (2) Utility Easements, one with Joseph and Donna Green, and one with Lori Joseph Builders, Inc. in relation to the Green Subdivision approved by the Planning Board.

 

Motion to authorize Mayor to Sign Utility Easements:  Council Member Antalek.  Seconded:  Council Member Way.  On a roll call vote, all voted in favor.  Motion carried.

Local Laws And Ordinances:

 

1.  Resolution No. 12 of 2005 - Proposed Local Law to Amend Chapter 63 Smoking by Amending Section 63-5 Enforcing Agent, Remove John McElduff name and substitute “City Administrator.  First Reading:  read by City Administrator, Joseph Braun.  Set Public Hearing for Tuesday, February 22, 2005.

 

Motion to set Public Hearing:  Council Member Way.  Seconded:  Council Member Fasano.  All voted in favor.  Motion carried.

 

Ratifications:

 

1.  Resolution No. 13 of 2005 - Beacon Engine Company, No 1

 

Anthony Fratoli as an Active Jr. Member – Effective January 4, 2005

Michael C. Ambrasini as an Active Jr. Member – Effective February 1, 2005

Bill DeCarlo, Sr. – Place on Active Rolls from Exempt Rolls –Effective January 4, 2005

Sam Matycheck, II from the Fire Police to the Active Rolls – Effective January 4, 2005

 

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

 

2.  Resolution No. 14 of 2005 - Mase Hook & Ladder

 

Matthew Sklenar – Return to Active Status.

 

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

 

Appointments/Announcements:

 

Appointment

 

  1. Resolution No. 15 of 2005 – Resolved that the Mayor Approve appointment of Full Time Firefighter

 

Jason W. Fisch – Effective February 27, 2005.

 

Motion to amend to include the words “subject to physical”:  Council Member Kyriacou.  Seconded:  Council Member Antalek.

Motion to approve appointment:  Council Member Antalek.  Seconded:  Council Member Fasano. 

 

On a roll call vote for both motions (to Amend and Appoint), all voted in favor.  Motion carried.

.

Announcement

 

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

 

Final Opportunity for Public Comments:

 

Fritz Orlhoff, 24 Cross Street -Thanked the Mayor for the tree on Main Street was inspected and is safe.  For the last six weeks, we had the correctional facility females in there that painted everything at the Memorial Building.  I was told that that was the first time the place was ever painted.  The Ladies did an excellent job.  If anyone would like to see the Bingo Hall, they are welcome.  The Women’s Auxiliary washed the curtains and they look very nice.  Snow removal on Main Street is a disaster.  Absentee landlords neglected their snow removal responsibilities.  They should be made to clean their sidewalks.

 

Betty DiPompo, 6 Pearse Place – I think it is an excellent idea to add two officers.  A letter to the free press that was written on April 28, 2004.  It states that there are roughly forty police officers.  We really only have thirty-four.  Again I am going to ask you to work on this problem with the police because as you saw, they did an excellent job at the school and they did an excellent job with that drug bust.  The drug dealers are not coming from Newburgh or Poughkeepsie; they are coming up from the Bronx.  Please work on our Police Dept.

 

George Mansfield – read the following comments:

 

As most of the council is aware, my basement and first floor rental unit were filled with a total of 30” of raw sewage due to a failed effort to reduce the flow of sewage into the Fishkill Creek.

 

The recent discovery of a direct connection between city storm and septic lines brings possible relief.  Is this an isolated connection or one of many?  Plumbers and excavators who I’ve spoken with and who are familiar with the city’s infrastructure indicate this may not be an isolated problem.

 

I suggest that efforts being put into further smoke and meter tests on residential properties be diverted toward the city system so other such connections can be identified; and, that the smoke tests done five years ago with no follow-up of enforcement be reviewed and acted upon now if it’s not too late.

 

I am afraid that this newly discovered illegal connection would be seen as the sole cause and core of all the problems associated with sewage in any basement and the creek.  This is an old system and many things were done in the past without an eye toward the future.  If this city is to grow in a positive way, band aids can no longer be applied to serious problems.  We can’t just screw down manhole covers or wait for fluke discoveries.  We must be proactive and comprehensive in our efforts.

 

As of tonight I am fully expecting that the next heavy rain will again fill my basement with sewage.

 

I ask you to please act quickly and effectively.  Thank you.

 

*Has any work been done to determine if the pipes have been compromised due to the last incident in front of my building?  

 

Barbara McCaskill, 242 Walcott Avenue - I know that everybody is so busy in Beacon Teller Avenue is very bad – there are many pot holes.  It is really getting and something should be done to correct this problem.

 

Barbara Baker – I want to thank the Mayor for attending Martin Luther King’s Day.  I am coming here regarding a program that is called “The Word”.  Years ago we petitioned and received the program.  I am asking our Council and those in authority to petition Cablevision  to bring “The Word” here in Beacon, NY.  This is a twenty-four hour religious program.

 

Dennis Pavelock, 34 Judson Street – I too want to say that I welcome back Ms. Thompson.  Business Owners down near the creek are saying the leak down there is bothering them as well. When visitors come through on a hot day that is the first thing the visitors smell.  We need to work on that as soon as possible.  Some residents at the Memorial Park area alerted me in January that a pipe separated from a catch basin underground and created a sinkhole.  The entire line should be checked so no one is injured.  I also want to bring up that the ATVers in Beacon need a safe place to ride.

 

Tom Baldino – 19 North Street Beacon – I would like to say that we are still in danger here in Beacon.  There are communities that are doing actual drills because they are fearful of the threat from Indian Point.  I have not heard anything more about our emergency plans.  Some communities are really tightening up and publicizing what they are doing to inform the residents about what they should do in case of an emergency. To help reduce our dependence on nuclear power, I would like you to keep in mind that we could purchase some wind power.

 

City Administrator, Joseph Braun:  Teller Avenue is a project that has been on the books for a number of years – 95% will paid for by state and federal funds.  Construction should begin early next summer or sometime in the fall.  Also Fishkill Avenue will be re-done as well.  We will try to do them both together. 

 

The other thing about the number of Police officers needs to be clarified.   There have always been thirty-seven officers authorized.  The issue is that there were 34 officers on and that was because of a number of positions not being filled and that was the problem discussed at the workshop. Because of a high incidence of officers leaving and filling positions, I suggested that we have another officer to fill in especially in anticipation of those retiring.  Another reason is that the Council determined that they would like to hire locally.  As I said in the workshop, the primary reason for the overtime is that those positions had not been filled.

 

We will continue to do smoke testing. There is talk about getting additional money to do the Wolcott Avenue work. We spent 9,920, 000 so far on the smoke testing and on the repair to the sanitary sewer system.  Unfortunately it will take that much and more to fix things.  We will continue metering the floats and taking action to correct our problems.  There are many other sources that we will continue to pursue.  The city spent $920,000 plus the excess is the federal funds and local funds. The Council is committed to correcting the problem

 

Budget Amendments:  Council Action Budget Amendments for February 7, 2005

 

1.                  Amend the General Fund Balance (Code:  A 909) in the amount of $5,308.00 for the Attorney expense (Code:  A 1420.X4504.02) to cover fees related to City of Beacon vs. Buddenhagen, Karen.                      

 

2.         Amend the General Fund Balance (Code:  A 909) in the amount of $940 for the                                                       Attorney Arbitrator expense (Code:  A 1420.X4506.01) to cover fees related to PBA                                                Detective grievances.

 

3.    Amend the General Fund Balance (Code: A 909) in the amount of $244,000 for the       Assessor Department (Code: A 1355.X4520.01) upcoming city assessment revaluation.

 

4.       Amend the General Fund Balance (Code: A 909) in the amount of $5,500 for the Assessor                     Department (Code: A 1355.X4502.00) to cover the expenses of appraising property                               located at South Cedar/DeWindt Streets and Church/North Chestnut Streets.

 

5.    Amend the General Fund Balance (Code: A 909) in the amount of $26,349 for the Fire Department Retirement expense (A 3410.X1900.00).  This amount is to cover the            retirement payout to Firefighter Kevin Scofield.

 

Motion to Amend The General Fund Balance on Items 1,2,3,4 and 5:  Council Member Kyriacou.  Seconded:  Council Member Thompson.  On a roll call vote, all voted in favor.  Motion carried.

           

Review of Bills: Disbursements as of February 7, 2005

2004                                $483,292.20

2005                                $820,725.67

           

Next Workshop Date:            Monday, February 14, 2005 at 7:00 pm.Municipal Center

 

Next Council Meeting:            Tuesday, February 22, 2005 at 7:30 p.m.Municipal Center

 

Tax Warrant:             Reading of the 2005 City and County Tax Warrants – Dispensing with Reading of the following documents was agreed to by the council.

 

JANUARY 2005

 

STATE OF NEW YORK

COUNTY OF DUTCHESS

 

THE PEOPLE OF THE STATE OF NEW YORK

 

To: Carla P. Eylers, City Clerk of the City of Beacon

 

YOU ARE HEREBY COMMANDED to collect by law and ordinance provided, the several sums in the tax roll specified as assessed against the persons or property herein mentioned, for State, County, Municipal and all other purposes, you are required, immediately after receiving this wan‑ant and after the publication to cause a notice of the reception therefore to be given as required by law.

 

You are hereby authorized to collect said taxes, to wit:

State and County tax for the entire year in the amount of $2,159,408.16 and City taxes for the year in the amount of $5,629,027.86 and all other taxes, beginning February 1st and for thirty days thereafter during which time no fee shall be collected therefore.

 

All taxes or assessments remaining unpaid after the expiration of the said thirty days, you shall collect interest at the rate of one percent (1%) per month or fraction thereof. All said interest shall belong to the City.

 

Whenever any persons or corporation shall refuse or neglect to pay said tax, you are directed to collect the same by action in the name of the city against any such person, or corporation, or if any tax or interest shall remain unpaid on the First day of December, 2005 you are directed to advertise and sell the land upon which the same was imposed for the payment of such tax or interest remaining unpaid, and the expense of such sale as provided by law shall also be a charge upon the land.

 

The foregoing is not to conflict with the tax law of the State of New York.

 

GIVEN under the hand and seal of the CITY OF BEACON this 20th day of January 2005.

 

Joseph H. Braun, City Administrator

_____________________________________________________________________________________

December 2004

 

STATE OF NEW YORK

COUNTY OF DUTCHESS

 

THE PEOPLE OF THE STATE OF NEW YORK

 

TO: Joseph H. Braun, City Administrator, City of Beacon and all others whom it may concern:

 

THE COUNTY LEGISLATURE of the County of Dutchess does hereby certify to you and each of you and require and demand you collect on or before the lst day of March 2005, from the tax­able property of the City of Beacon, the sums hereinafter set forth:

 

FOR COUNTY GENERAL ‑‑‑‑‑                             2,150,336.07

FOR COMPUTER SERVICE ‑‑‑                                    8,692.87

FOR OMMITTED TAX                                          ___379.22

 

TOTAL                                                                   2,159,408.16

 

You are further required and commanded out of the moneys col­lected by you on or before the lst day of March 2005 to pay over to the Treasurer or appropriate County officer under the Dutchess County charter, the sum of

IN WITNESS THEREOF, the County Legislature of the County of Dutchess, in the meeting of December 16, 2004 assembled, have caused this certificate to be signed by the Chairman of said Legislature and the Director of Real Property Tax Service Agency and the seal of said Legislature to be affixed this 16th day of December 2004.

 

 

Bradford H. Kendall, Chairman

County Legislature

 

Kathleen Myers, Director

Real Property Tax Service Agency

 

 

Motion to Enter into an Executive Session at 8:38 p.m.:  Council Member Antalek.  Seconded:  Council Member Fasano.  All voted in favor.  Motion carried.

 

Motion to end Executive Session at 8:55 p.m.:  Council Member Way.  Seconded:  Council Member Antalek.  All voted in favor.  Motion carried.

 

Adjournment Motion to Adjourn at 8:55:  Council Member Antalek.  Seconded:  Council Member Fasano.  All voted in favor.  Motion carried.

 

0Text from Reports for February 7, 2005

 

Mayor’s Communications – February 7, 2005

 

01/07/05:  Anne M. Nolon – H.R. Community Health

RE: Thank You

 

I wanted to thank you on behalf of the Board and staff for your participation in the Wall of Wonder (WOW). Your role as a "historian" in helping to chronicle the site-specific story was a crucial component of WOW and your participation left an indelible mark on me, the staff and most eternally on the WOW, our archive of HRH Care's history. Thank you so much for taking time out of your busy schedule to celebrate and "remember" with us. Your time and input was and continues to be most appreciated.

 

In December, we carried out three Walls of Wonder (WOWs) in Eastern Dutchess, Beacon and Walden. All three were distinctive in their personalities, gatherings, and outcomes, and were met with incredible enthusiasm and success! The WOW is a unique opportunity to look at the history of each site, made up of remarkable staff and community members (historians), and embrace the story of Hudson River Community Health, holding true to the multifaceted entity that it is! It is a wonderful way to enter into our 3 01h year anniversary celebrations.

 

We look forward to creating more memories with you in the future.

 

01/10/05:  Allan E. Atzrott, President and CEO

RE: GRAND OPENING of Cardiac Catheterization Lab – Valentine’s Dau

 

Happy New Year! At St. Luke's Cornwall Hospital, we're looking forward to the Valentine's Day grand opening of our cardiac catheterization lab. We're so proud to be expanding cardiac services to better serve our community.

 

The attached ad appeared in Sunday's Times Herald-Record. It begins a month-long "public awareness" campaign, recognizing those who support our cardiac initiatives. Each week leading up to the grand opening, the list will grow as our community responds. I've seen a preview of next week's ad, and was delighted to find the names of many more friends and neighbors. The momentum is building!