Minutes
City of
The regular meeting of the Beacon City Council at
Council
Members present: Deanna
Leake, Eleanor Thompson,
Excused: Fred Antalek
Also present were: City Administrator, Joseph Braun
City Attorney, Gerard Pisanelli
City Engineer, Art Tully
The media were represented by: Goldee Greene, Beacon Free Press
Number of residents at beginning: 20
Public Hearings:
1. NYS
Department of Environmental Conservation Stormwater Permit Requirements. (Adjourned from the March 7th Council
Meeting) read by City Attorney Gerard Pisanelli
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, June 6,
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, for the purpose of giving a brief overview of the New York State
Department of Environmental Conservation Stormwater Permit Requirements to
clean up storm water runoff in communities throughout the state and of the
current status of the project in the City of Beacon. This public hearing was adjourned on
The Annual Report of the
first year ending
All interested persons and citizens shall have an opportunity to be heard on said proposals at the date, time and place aforesaid.
Public
Comments:
The following letter from Tom Baldino addressed to
Joseph Braun, City Administrator dated
DearJoe,
I really don't understand the reason for a resolution approving of the annual report of the Stormwater Management Program. What would not passing a resolution approving the report accomplish? I may be out of state when the resolution is scheduled to be reconsidered. In that event I would like you to read this message sometime during the meeting at which the resolution is on the agenda, if I am not present to read it myself.
My impression after reading the first annual report
of the Stormwater Management Program is that not a great deal of work has been
done in the first year of the program. I don't believe that in responding to
the requirements of the program we can take a casual attitude in completing the
requirements, because we have five years to complete the program. The report
format, it appears to me, requires that certain tasks be accomplished in the
first year.
Included in the Appendix to the Stormwater
Management Program is a letter to Mayor Gould, dated
Mr. Kubek goes on to say that the DCSWCD will be gearing
up to mapping stormwater outfalls and creating a database linking the
stormwater conveyances of all of
In a telephone conversation with Mr. Kubek on
Respectfully submitted by Tom Baldino
Dennis Pavelock,
Art Tully: This is an annual report which is a little late because it the first one we have done one. It was coordinated between our office and the Department of Public Works. I have spoken to Rob Riley and we will be working a little closer with them in the coming year so the next report will be out on time in the fall.
Motion to close public hearing: Council Member Fasano. Seconded: Council Member Thompson. All voted in favor. Motion carried.
Community Segment: The
American Legion –
An Award was presented to the Mayor Luis Chico Humphreys, Leon R. Stevens and Daniel A. Morea from the American Legion Post 203 – For her Outstanding and dedicated service to American Legion Post 203. The mayor expressed her sincere thanks
Approval of Minutes: The Mayor requested a
motion to approve minutes for the following Beacon City Council meeting:
Motion to approve minutes:
Text from the following reports for
Mayors Communications read by 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
Dennis Pavelock, Beacon Resident:
- Re New Bus Res. No. 1 – How
much paving can we do in one year? I am
not against it but if it’s too much at one time, we have to think about
emergency vehicles. We seem to be doing
all of the paving at once. No. 2 Re Ski
Lodge Property. I am not being told
whether there are potential buyers. I’m
hearing now that it is up for sale and you can’t get anyone to b buy it.
No further comments on the agenda.
UNFINISHED
BUSINESS:
Resolutions:
Local Laws
and Ordinances:
NEW
BUSINESS:
Resolutions:
1. Resolution No. 54
of 2005 - Authorize Mayor to Accept Bid and Execute Contract With Avello
Brothers Paving Contractors, Inc., 60 Fulton Street, Poughkeepsie, NY for the
Milling and Repaving Main Street specifically from 9D to N. Walnut and S.
Chestnut to Veterans Place. Read by City
Administrator, Joseph Braun.
RESOLVED, that the Mayor be
authorized to accept the lowest responsible bid submitted by Avello Brothers, 60 Fulton Street,
Poughkeepsie, NY for Milling and Repaving Main Street from 9D to North Walnut
and South Chestnut to Veterans Place and be it further
RESOLVED, that the Mayor be hereby
authorized to execute a contract with Avello Brothers, 60 Fulton Street,
Poughkeepsie, NY in the amount of $139,600 for the Milling and Repaving Main
Street from 9D to North Walnut and South Chestnut to Veterans Place.
Motion to Authorize Mayor to Accept Bid and
Execute Contract with Avello Brothers Paving Contractors, Inc. Council Member Fasano. Seconded:
2. Resolution No 55 of 2005 -
Authorization
for Sale of Real Property consisting of Two (2) lots at Howland Avenue, with
the Grid Nos. 6054-14-331476 & 6054-14-391433 in the City of Beacon
Pursuant to Section 23 of the General City Law:
(former Ski Lodge) read by City Administrator, Joseph Braun.
WHEREAS, there exists two lots
located at Howland Avenue, in the City of Beacon, Dutchess County, New York
described as 1.57 acre parcel with a Grid No. 6054-14-331476 and a 4.36 acre
parcel with a Grid No. 6054-14-391433, and
WHEREAS, these properties were
obtained by the City of Beacon pursuant to tax deeds and pursuant to an Order
of the Supreme Court dated April 6, 1994 under Index No. 2927/92, and
WHEREAS, the said property is not
needed by the City of
WHEREAS, the City Council has the
authority pursuant to General City Law Section 20 to sell and convey real
property, when not needed for City purposes, and
WHEREAS, Section 1.07 of the Beacon
City Charter sets forth that if public property is worth $5,000.00 or more, the
property must be sold pursuant to the dictates of Section 23 of the General
City Law, and
WHEREAS, Section 23 of the General
City Law provides that no sale of City real property shall be made or
authorized except by a vote of 3/4ths of all members of the City
Council, and
WHEREAS, Section 23 of the General
City Law provides that the sale must take place at a public auction to the highest
bidder under proper regulations as to the giving of security and after public
notice to be published at least once each week for three weeks in the official
paper or papers,
THEREFORE, BE
IT RESOLVED, that
in accordance with applicable law, the City Council hereby declares that the
real property consisting of two lots at
FURTHER
RESOLVED, that
the City of Beacon by at least a 3/4ths vote of the members of the
City Council approves of the public sale by public auction pursuant to the
provisions of Section 1.07 of the Beacon City Charter and Section 23 of the
General City Law, and be it
FURTHER
RESOLVED, that
the real property consisting of two lots at Howland Avenue in the City of
Beacon, Dutchess County, New York shall be put out to public bid at a public
auction to be held on July 22, 2005 at 9:00 AM, to the highest bidder under
proper regulations as to the giving of security and after a public notice to be
published at least once each week for three weeks in the official paper or
papers, and be it
FURTHER
RESOLVED,
that the starting bid for the 1.57 acre parcel with a Grid No. 6054-14-331476
shall be $99,000.00, and be it
FURTHER
RESOLVED,
that the starting bids for the 4.36 acre parcel with a Grid No. 6054-14-391433
shall be $150,000.00.
Motion to authorize the sale of property: Council Member Fasano with a comment. Seconded:
Council Member Leake.
Comment from Council Member Fasano: If this property does not sell, I suggest
that we drop restrictions. Mayor had a
comment also.
Council Member Kyriacou: Made a comment about someone who was
interested in the land if it did not have restrictions.
On
a roll call vote, all voted in favor.
Motion carried
3. Resolution No. 56 of 2005 - Accept Resignation of City of
WHEREAS, Police Officer Karen R.
Richter has submitted a letter of resignation dated May 23, 2005 to the Mayor
and members of the City Council, now therefore be it
RESOLVED, that
the resignation of Police Officer Karen R. Richter is accepted effective
Council Member
Kyriacou: I would like to read the
letter of resignation into the record.
To Mayor Gould and the Members of the City Council
of Beacon:
I regret to inform you that effective
Since I joined the Department in October 2001, 1
have been subjected to intolerable work conditions. I have been ridiculed by
male colleagues for no other reason than I am a woman. My abilities as an
officer have consistently been looked down upon. From day one I have been
denied opportunities for advancement while my male colleagues with less
seniority and/or who have engaged in shameful behavior have received
preferential treatment. How the supervisors gave preferential treatment to
those officers who frequently engaged in questionable if not unconscionable
acts of misconduct was something I have neither understood nor had explained to
me. It was just a course of business that operated totally different from the
other departments that I have worked with, most notably the Town of
As you know I am involved in a lawsuit against the
City arising from my employment with the Police Department. I urge you to
believe me when I say that I would have remained a member of the Department for
my entire career if the Department were run professionally and with integrity.
Instead, there is an utter lack of supervision and an utter lack of any chain
of command, which have allowed a small number of members of the Department to
run amok within the Department and roughshod over the rights of Beacon
residents. I cannot stress enough that these members of the Department are
indeed guilty of tremendous wrongs and that their removal from the Department
can only serve to improve the department, and how it is viewed in the law
enforcement community.
There are steps that the Council can take to remove
those involved and steps that the Council can take to ensure that this type of
management does not occur in the future. I would like to believe that the City
Council will do those things to ensure the continued growth of the City as a
whole.
While I leave the City with sadness, I must seek
employment elsewhere for it is the best for my family and for myself. Again I
say thank you for your support.
Respectfully, Karen R. Richter, Police Officer
Motion
to accept Karen R. Richter, Police Officer’s Resignation: Council Member Fasano. Seconded:
Council Member Leake.
City Attorney Gerard Pisanelli: I just want to add one thing into the
record. Police Officer Karen R. Ritcher
indicated in her letter that she is involved in an ongoing law suit and it
should be noted that there is no indication that the council is in any way
subscribing to what she has put in that letter and that these are her comments
as to why she is submitting her resignation.
Council Member Kyriacou: I understand that we need to make sure your
remarks are on the record. I have an
added comment. This weekend was the
third officer in the immediate vicinity that I spoke to that brought up the
subject matter on how our Police Department is viewed in the Law Enforcement
Community. I will take up the rest of
those remarks in Executive Session this evening.
On a roll call vote, all voted in favor. Motion carried.
4. Resolution No. 57 of 2005 - Traffic and
Safety Committee Ratifications:
a. To repeal “No Parking, Stopping or Standing”
on the south side of
b. To correct prior repeal {to replace a.
above.] “No Parking, Stopping or Standing” on the south side of
c. Establish school zone on
Motion to ratify Traffic and Safety Committee
recommendations: Council Member
Fasano. Seconded: Council Member Leake. On a roll call vote, all voted in favor. Motion carried.
Local Laws
And Ordinances:
1. Resolution No. 58 of 2005 - Proposed Local Law Amending
Chapter 223, Zoning, and 195, Subdivision of Land, of the City of Beacon Code
with Respect to Private Roads, Driveways and Common Driveways. Set
Public Hearing for
Motion to dispense with reading of the actual
law:
Council
Motion to set Public Hearing
for
2. Resolution No. 59 of 2005 - Proposed Local Law Amending Chapter 139 Section 9 Free
Dumping at Recycling Center. Set Public Hearing for
Motion to set Public Hearing for
3. Resolution No. 60 of 2005 - Proposed Local Law Adding to Chapter 43 of the Beacon
City Code Entitled Officers and Employees to Add Article III Hiring of
Relatives. Set Public Hearing for
Motion to set
Public Hearing: Council Member
Thompson. Seconded: Council Member Fasano. All voted in favor. Motion carried.
Motion to table
until the end of the meeting: Council
Member Kyriacou. Seconded: Council Member Fasano. All voted in favor. Motion carried.
Ratifications:
Appointments/Announcements:
Last
Dennis Pavelock,
George Mansfield,
City Engineer, Art Tully:
It’s not true that nothing has been done. My office met with George on several
occasions. We are trying to get an understanding
on what is going on. It’s part of our
on-going program trying to correct these situations. It’s a long historical problem and is
difficult to correct. Unfortunately,
George is in a location at the bottom of the hill. We have done a letter of a proposal, which
the City Administrator forwarded on to the Council to do corrective work at
George’s building. This would include
excavation, fixing the foundation, doing some drainage and grading work to try to
keep this water away from his building.
The approximate cost for this work is $20,600.00.
City Administrator, Joseph Braun took offence to Mr. Mansfield's
unfair and untrue accusations regarding his sewage problem. He reminded Mr. Mansfield that he and the
engineer have been to his home more than one time to assess the problem and are
working diligently to come up with a solution.
He told Mr. Mansfield that he did not appreciate the incorrect and
untrue impression he presented to the council as well as the Beacon residents
that were present.
Mr. Mansfield explained his comments regarding the accusation of
neglect “a relative terms” and apologized to the Council for the
misunderstanding of his comments.
Council
City Engineer, Art Tully:
We need to go through the contractor first.
City Administrator, Joseph Braun:
We will bid out what we can.
This will be placed on the workshop agenda
next week.
Sue Arfanti: I have another
200 names from people in my area. I also
would like to know when the Public Hearing would be so I can tell people to
come to the meeting.
City Attorney, Gerard Pisanelli:
It will be on the Workshop Agenda next Monday,
The following is various correspondences concerning a
problem that Susan A. Clary and Ray Clary and her neighbors on
We have serious problems that are described in the following
letters:
First Letter: April 24,
Dear Mr.Gunther,
This is a collective letter from several homeowners
asking for a solution about recent multiple cars parked
with people loitering in gangs at the
In the
past, we have seen loiterers and suspicious cars in Charter Bank*s lot come and
go, and several times we have called the police to disperse
the troublemakers. But recently, crowds congregating
here have become a regular nightly occurrence. Recently new tenants have moved
into
We have kept a record of
the calls to the police since April 8th which number so far at least
6 times this month; the 8th, the
10th, the l1th, the 15th- the 18th, and the 19* to quiet these nuisance disturbances, As nearby
homeowners we have had to endure the negative impact to our quality of life and the surrounding
neighborhood, are so alarmed by these recent developments that we are requesting this access
point be closed and gated after business hours and on weekends so we can all help to maintain law, order
and a safer neighborhood throughout the coming summer months and beyond A simple chain
across this entrance will not deter these aggressive loiterers. Thank you for your help
regarding this urgent matter. Sincerely
Signed by 7 homeowners on
Second - Cover letter
from Susan and Ray Clary dated
Dear Mary
Would you kindly forward this letter to Charter Bank's facilities
department? The problems are
so acute that all the neighbors surrounding this access point are impacted by
this intense escalation of drug
dealing and loitering on and around the parking lot. We shudder to think of the summer
activity here. Because many adjacent homeowners, property and surrounding business owners
have been calling the police like myself, we all agreed to request as a group to send
this letter, not just myself as an individual. As it turns our Jamie Picone who owns the entire
plaza behind the municipal parking lot and has a small realty office there is extremely
upset about this terrible turn of events unfolding on and around bank property. He said he's
called police many time and recently the county drug task force to get action. My neighbors
agreed to add their names to this letter. Can you ask the Facilities Dept Manager to
contact me during the day at 914 204 5941. I included the signers phone numbers in
the event he would like to individually with the new neighbors. Sincerely yours, Susan A. Clary
Second Letter
From: Sue Clary - Dated
Dear
Re: Quality of Life Crimes being perpetrated
continuously on
Eliza street including public urination in the Citizen Bank Parking Lot and in the
municipal parking
lots
Thank you for your patience for waiting to receive
this information. My husband and
I along with several adjacent homeowners are very concerned about recent
developments since
new tenants have moved into 13 Eliza earlier this year. Can you be so kind as
to help us to find a solution to restoring peace and safety on our block?
To date, we have had no other recourse to restore
some semblance of peace and quiet on this end of
The Beacon police have done all they can do in any
of these calls from us and we appreciate their quick response. Collectively we
home and property owners would like to invoke the "GENERAL NUISANCES"
ordinance of local law section
223-10 of the
I have spoken to 4 of the adjacent property owners
that are within 250 feet of the problem property and collectively we all agree to
go to the Beacon City Council and state our problems. We understand that the Dutchess County Drug
Task Force is
investigating these tenants hoping to make a bust and we have observed numerous suspicious
cars making quick stops at 13 Eliza during all hours of the day and night accompanied
numerous people congregating on the lawn and spilling over into the openly
accessible Citizen Bank lot especially after dark with loud music, yelling cursing
fighting laughing hooting etc.
We feel that by invoking
the "Nuisance Ordinance" we can restore a civil environment
once again in our immediate neighborhood.
We are entitled to law and order and peace that the rest of Beacon
enjoys. We would like to make the landlord of 13 Eliza aware of this situation and are
asking how we can best accomplish this end.
We would all like to
address the city Council on the next meeting date but some
Homeowners may not be able
to make it. If we do not all make it then we will try for
the next meeting.
The homeowners that are involved are Mr. Jamie Picone - the plaza , Mr.
John Tom, 23
Eliza, Mrs. Olive Jones 34 Eliza and ourselves Mr. and Mrs. Ray and Sue Clary,
We would like to see a
regular foot police officer and/or the bike patrol installed on
and on the adjacent blocks of Main Street during the warm weather months for our
safety and protection like other towns and villages as we are a growing city of
13,000 plus we deserve the additional security not to mention the growing
tourist element
coming to the city.
Thank you for your help, Ray
and Sue Clary,
This will be taken up at our next workshop -
Christina Wilcox – I spoke to the mayor this morning. In this short period of time, the people speeding down the street. They use the road like a throughway. We have one speed limit sign and this sign is behind a telephone pole. Actually, my entire block is used as a racetrack. I left two messages at the police dept. Another police officer said that they have set up speed traps. When I disagreed with him as to what can be done, he shrugged his shoulders. It would help if we had a four way stop at this location. When will this be addressed?
No further comments.
Budget Amendments requiring Council Action –
1. Amend the General Fund Balance (Code: A
909) in the amount of $8,240.00 for the tree
planting project at the Transfer
Station and Wastewater Treatment Plant
(Code: A 5110.X4160.00). The city
will be receiving Community Development funds as
reimbursement for this project.
Motion
to Amend the General Fund Balance for the tree planting project at the Transfer
Station and Wastewater Treatment Plant:
Council Member Fasano. Seconded: Council Member Thompson. On a roll call vote, four voted “Yes”. Council
Next Workshop Date:
Next Council Meeting:
Motion to enter Executive Session:
Motion to come
Out of Executive
Motion to take off the table:
Proposed Local Law Adding to Chapter 43 of the Beacon City Code Entitled
Officers and Employees to Add Article III Hiring of Relatives. Council Member Kyriacou. Seconded:
Council Member Fasano. All voted
in favor. Motion carried.
Resolution No. 61 pf 2005: Motion
to Amend proposed local Law by deleting and adding the following: Under Article III §43-3 Hiring of Relatives –
Adding the following:
Change C – Personnel Affected as follows: “Personnel employed prior to the effective
date of this article will not be affected by this policy, as long as said
personnel remain in their present position.
Such employee cannot transfer or be promoted to a new position where
this local law would be violated.
Delete the following: “D. Waiver for scarcity of qualified
applicants: In the event that there is a
scarcity of qualified applicants to fill specific job titles, a waiver of this
policy may be requested from the City Council on a case-by-case basis.”
Council Member Thompson.
Seconded:
Adjournment
Motion to adjourn at
Mayor’s
Correspondence for June 6, 2005
Re: Deletion of "Metro
Stories" channel and "Metro TV" channel
Metro TV is located on channel 60 and is available on all tiers of
service. Metro Stories, located on channel 174, is available through the iO
tiers of service. Effective May 30, Cablevision will be removing both Metro
channels from its programming line-up.
If you have any questions or suggestions about this action or
anything concerning cable television, please don't hesitate to call me at (845)
296-3564 or via email at rconnor@cablevision.com.
Re: Dutchess Receives Grant
for Emergency
Dutchess
County Executive William R. Steinhaus announced today the County’s grant
application to the New York State 9-1-1 Board, for the second round of the
Expedited Deployment Funding Grant for it’s Emergency Response Center has been
approved by the Department of State in the amount of $42,787.
With
this approval,
upgrade the emergency telephone system;
upgrade the computer system at the County’s
upgrade the recording system to allow for the recording of the wireless
trunks.
In June 2004,
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