Minutes
City of
REGULAR MEETING
The regular meeting of the Beacon City Council held at
the
Council Members Present: Deanna
Leake, Eleanor Thompson,
Absent: Eleanor
Thompson and Lee Kyriacou
Also Present: City Administrator, Joseph
Braun
City
Attorney, Gerard Pisanelli
Media represented by: Goldee Greene, Beacon
Free Press
Residents at Beginning of Meeting: 15
Public Hearings:
1. Proposed Local Law Amending Chapter 223,
Zoning, of the City of
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City Council of the City
of Beacon will hold a public hearing on Monday, July 18, 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 amending Chapter 223, Zoning, of the
City of
This 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
All interested persons and citizens shall have an
opportunity to be heard on said proposals at the date, time and place
aforesaid.
Public Comments:
Motion to
Adjourn Public Hearing to a future date:
2. Capital Plan Highlights read by Joseph Braun
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City Council will hold a public hearing at
the Municipal Building, One Municipal Plaza, Beacon, New York on August 1, 2005
at 7:30 p.m., or as soon thereafter as the matter is reached on
the agenda, to
review and discuss the proposed 2006 Capital Plan for the City of Beacon. A summary of the highlights follows:
City of
CAPITAL PLAN HIGHLIGHTS
Fire
Fire
station improvements $2,000,000
Public
Buildings Public
Works Facility $2,000,000
Recreation
Resurface
three basketball courts $ 140,000
Street
Department 2006 Fishkill and Teller Avenues $1,040,000
2007
2009 Rombout,
Waste
Water Treatment Security
System $ 45,000
Water
and Sewer Interceptor
investigation and replacements $1,400,000
Copies of the entire Capital Plan are available to
the public in the Office of the City Clerk of the City of Beacon, One Municipal
Plaza, Suite One, Beacon, New York during regular office hours.
All interested persons and citizens shall have an
opportunity to be heard on said proposed capital plan at the time and place
aforesaid.
Public Comments:
The following letter signed by Dennis Pavelock Dated
To Whom It May Concern:
I’m writing this letter to comment on the Capital Plan Highlights
especially the item of recreation of resurfacing three basketball courts.
I can remember back in the fall of 2003 I presented an outdoor handball
court for consideration. It has been 2
years and counting.
I talked to Tom Kirulan about the situation two years ago and it was
stated to me that all the city had to do was contact his office and he would
put a member item in his agenda and get the money for the handball court.
As it was stated this wasn’t even the city’s money. It would have been county money. As a volunteer for Beacon for many years this
puts a bad taste in many of the people who volunteer their time.
It wasn’t even on a workshop agenda for discussion. I’m only asking for the same consideration
that everyone else is getting.
Thank you for your time and for hearing me out. Respectfully Submitted,
Dennis Pavelock.
Norman Macleod,
City Administrator, Joseph Braun:
As we move forward and this becomes more real, plans will be put out and
at that time we can become involved with the details.
Don Gallo,
Fritz Ohlhoff –
I still been down at the water treatment plant.
We need a new location.
Shannon Murphy read the following email:
If advocating for open space funding in Southern Dutchess County is
something you can get behind, please consider attending a briefing and organizing meeting
on August 4, at 2 pm, at the East Fishkill Public Library on Route 376, next to
the Town Hall (348 Route 376, Hopewell Junction). *
At that meeting,
we will provide materials concerning ways for local government in
Email sent by: Erik Kulleseid, The
Trust for
Matt Zieper, The Trust for
Seth McKee, Scenic Hudson
Becky Thornton,
No further comments:
Motion to close Public Hearing:
3. Proposed
Local Law
to Create Chapter 200 of the City of
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that
the City Council will hold a public hearing at the Municipal Center, One
Municipal Plaza, Beacon, New York on August 1, 2005 at 7:30 p.m., or as soon
thereafter as the matter is reached on the agenda, to review and discuss the
proposed local law to create Chapter 200 in the City of Beacon Code entitled
“Taxicabs.” The intent and purpose of
this local law is to provide an ordinance in the “Code of the City of
This ordinance recodifies “An Ordinance to
Regulate and License Taxicabs and Taxicab Drivers of the City of
Complete copies of the proposed local law
are available to the public for inspection during regular business hours in the
Office of the City Clerk of the City of Beacon, at the Municipal Center, One
Municipal Plaza, Suite One, Beacon, New York.
All interested persons
and citizens shall have an opportunity to be heard on said proposed local law
at the time and place aforesaid.
Public Comments: None
Motion to close Public Hearing: Council Member Antalek. Seconded: Council Member Fasano. All voted in favor. Motion carried.
Mayor Clara Lou Gould asked for a motion to
approve minutes of
Motion
to approve:
Reports: Texts from these reports for
Mayor’s
Correspondence read by Mayor Clara Lou Gould
City
Administrator, Joseph Braun read his Report of Activities
City Attorney,
Gerard Pisanelli read his Report of Activities
Mayor Clara Lou
Gould read her Report of Activities
Council Members gave their Reports of
Activities
Public Comments: Pertaining to This Agenda Only
Tom Baldino,
Shannon Murphy, I just want to encourage
you to consider adding funding for open space in your 2006 Capital Plan for the
City of
No further comments
UNFINISHED BUSINESS:
Resolutions:
1. Resolution No. 82 of 2005 - Approve Transfer of Community Development Funds. Read by City Administrator, Joseph Braun
Authorize Mayor to
transfer $12,740 in Community Development Funds from Administration
WHEREAS, a public hearing was held on July 5, 2005 on the
transfer of a total of $12,740 in Community Development Funds from
Administration to the following: $8,240.00 for landscaping Dennings Avenue and
$4,500 for Main Street security cameras.
RESOLVED, that the Mayor is authorized to transfer $12,740 in
Community Development Funds from Administration to the following: $8,240.00 for
landscaping
Motion to Transfer Community Development Funds: Council Member Fasano. Seconded: Council Member Antalek. On a roll call vote, all voted in favor. Motion carried.
Local Laws and Ordinances:
1. - Amending Chapter 223, Zoning, of the City of
Motion to table to future date:
2. Resolution No. 83 of 2005 adopting
Local Law No. 08 of 2005 - to Create Chapter 200 of the
City of
BE IT ENACTED by the City Council of the
City of
SECTION 1. TITLE
This local law shall be entitled, “A Local Law creating
Chapter 200 of the City of
SECTION 2. INTENT AND PURPOSE
This local law is intended to regulate and license
taxicabs and taxicab drivers in the City of
SECTION 3. AMENDMENT
The new chapter shall read as follows:
SECTION 1.
No person or person, a firm, co-partnership or
corporation shall keep for hire or for use as owner or otherwise within the
limits of the City of Beacon, any taxicab or motor vehicle used for the purpose
of carrying passengers for hire or operate the same along any street, avenue,
or public place in the City of Beacon without having the same in charge of
persons duly licensed as provided in this Chapter. And it shall also be unlawful for any person
to operate or permit to be operated a taxicab upon the streets of the City of
SECTION 2. DEFINITIONS.
(a) The
word “taxicab” shall mean and include any motor vehicle engaged in the business
of carrying persons for hire, whether the same be operated from a street stand
or subject to calls from a garage or otherwise operated for hire, except
vehicles subject to the provisions of the transportation corporation law, or
used by undertakers in carrying on their business.
(b) The
words “Driver’s license” shall mean and include permission granted by the City
of
(c) The
words “taxicab license” shall mean and include permission granted by the City
of
(d) The
words “taxicab driver” shall mean any person who drives a taxicab whether such
person be the owner of such taxicab or employed by a
taxicab owner or operator.
(e) The
word “operator” shall mean and include any person owning or having control of
the use of one or more taxicabs used for hire upon the streets of the City of
SECTION 3. GENERAL REQUIREMENTS.
It shall be unlawful for any person to drive,
operate or keep for hire or pay within the limits of the City of Beacon any
taxicab or taxicabs without first having obtained and paid for a license to
drive, a license for operating or keeping for pay or hire, or both, and having
the same in force and effect, under the provisions of this Chapter.
SECTION 4. DRIVER’S
LICENSE REQUIRED.
No person shall drive a taxicab, and no person shall
permit anyone to drive a taxicab within the limits of the City of
SECTION 5. APPLICATION FOR DRIVER’S LICENSE.
Each applicant for a driver’s license must:
(a) Have
obtained and be in possession of a New York State Class E Chauffeur’s
license;
(b) Be
of the age of eighteen (18) years or over;
(c) Be
of sound physique with good eyesight and not subject to epilepsy, vertigo,
heart trouble or any other
infirmity of body or mind, which might render him, unfit for the safe operation
of a taxicab;
(d) Be
able to read and write the English language;
(e) Be
clean in dress and person and not addicted to the use of intoxicating liquors
or drugs;
(f) Fill
out in duplicate, upon a blank form to be provided by the Chief of Police
through the office of the City Clerk, a statement showing that the applicant
has the qualifications set forth above, which statement in addition shall set
forth the full name and place of residence of the applicant, whether or not he
or she is a resident of the United States, married or single, whether he or she
has ever been convicted of a felony, misdemeanor or traffic infraction and if
so, the circumstances of such conviction; whether applicant’s taxicab driver’s
license, New York chauffeur’s or operator’s license has ever been suspended or
revoked and such other information as the Chief of Police of the City
Administrator may reasonably require.
Such statements shall be numbered and signed and sworn to by the
applicant; and one copy thereof shall be filed with the City Clerk and the
other copy retained by the Police Department as permanent records.
SECTION 6. PHOTOGRAPH OF DRIVER.
Each applicant for driver’s license must file with
the application two unmounted,
unretouched photographs of himself,
taken within the thirty days preceding the filing of
his application. Photographs shall be of the same size as
attached to the applicant’s
Chauffeur’s license. The photograph shall be so attached to the
license that it cannot be
removed and another photograph
substituted without detection.
SECTION 7. FINGERPRINTS
OF DRIVER – DELETED.
SECTION 8. FORM AND TERMS OF DRIVER’S LICENSE.
Upon satisfactory fulfillment of the foregoing
requirements and upon the written
approval of the issuance of a license by the Chief
of Police and the City Administrator, the City Clerk shall sign and issue to
the applicant a license which shall be in such form as to contain a photograph
and signature of the licensee, and blank spaces upon which a record shall be
made of any arrest of or serious complaint against him. Each license shall be stamped by the seal of
the City upon at least a portion of the photograph. All licenses shall be numbered in the order
in which they are issued and shall contain the name and place of residence of
the licensee and the dates of issuance and expiration of the license. Any licensee who defaces,
removes or obliterates any official entry made upon his license shall be
punished by the revocation of his license.
Driver’s licenses shall be issued as of May 1st of each year,
and shall be valid to and including April 30th next succeeding,
unless previously suspended or revoked.
No temporary permit shall be issued except when an extraordinary public
emergency arises effecting transportation of the public upon the streets of the
City; such temporary permits when issued shall be upon such terms and
conditions as the Chief of Police and the City Administrator shall provide, but
such temporary permit shall in no event be granted for a longer period then ten
days, and may be renewable for similar periods, from time to time as may be
necessary, only upon the written recommendation of the Chief of Police and the
City Administrator. The fee for such
temporary permits shall be the same as for a driver’s license as provided in
this Chapter. Such license or permit
shall be carried by the licensee at all times when operating or in charge of
any taxicab.
SECTION 9. FEES FOR DRIVER’S LICENSE.
The license fee for driver’s license shall be $25.00
per year.
SECTION 10. SUSPENSION OR REVOCATION
OF DRIVER’S LICENSE OR PERMIT.
Upon complaint of any person a driver’s license or
permit may at any time be suspended or revoked for cause after a hearing by the
City Judge. Any such suspension shall be
noted on the license together with a statement of the reason therefore, and the
license or permit shall be forthwith taken from the licensee and be delivered
by the City Clerk. No driver whose
license or permit has been suspended or revoked shall be again licensed as a
taxicab driver in the City of
SECTION 11. LICENSE
OF VEHICLES; APPLICATION.
It shall be unlawful for any person, firm,
co-partnership or corporation to operate or permit to be operated, a taxicab
upon the streets of the City of Beacon without first having obtained therefore
a taxicab license under the provisions of this Chapter from the Chief of Police
and City Administrator. Such license
shall be issued as of May 1st and shall expire on April 30th
next succeeding, unless sooner suspended or revoked. Application for a taxicab license shall be
made by the owner upon blank forms furnished by the Chief of Police through the
office of the City Clerk. Such application
shall contain:
(a) The
name, date of birth and residence of the person applying for the license.
(b) The
type of motorcar to be used, the factory number, the state license number, the
number of years the vehicle has been driven, and the seating capacity according
to its trade rating.
(c) Whether
previously licensed to operate a taxicab, and if so, where.
(d) Whether
license to operate a taxicab has ever been revoked, and if so, for what cause.
(e) Such
other information as the Chief of Police and City Administrator may deem
necessary.
(f) The
applicant must attach to his application a schedule showing the rates of fare
to be charged to and from points within the City limits, and to and from points
outside City limits. In addition
thereto, said schedule shall set forth the amount charged for waiting time, any
special charges, and amounts charged per/mile outside the limits of the City of
SECTION 12. INSPECTION
BEFORE LICENSING VEHICLE.
No vehicle shall be licensed until it has been
thoroughly and carefully inspected and examined and found to be in a thoroughly
safe condition for the transportation of passengers; clean, fit, of good
appearance and well painted and varnished.
The Chief of Police and City Administrator shall designate who shall
make such examination and inspection before a license is issued, and shall have
the right to make such inspection of such licensed vehicle at any time they
deem the same necessary. The Chief of
Police and City Administrator shall refuse a license to, or if already issued,
revoke or suspend a license of any vehicle found upon inspection and
examination to be unfit or unsuited for public patronage. No license shall be issued under the
provisions of this section unless and until the Chief of Police and the City
Administrator have indicated in writing their approval thereof on the face of
the application thereof. The signature
shall not be facsimile.
SECTION 13. LICENSE
CARD.
If, upon inspection, a taxicab is found to be of
lawful construction and in proper condition, in accordance with the provisions
of this ordinance and if the issuance of a license therefore is approved by
both the Chief of Police and City Administrator, and upon the payment of the
license fee hereinafter set forth, the same shall be licensed by delivering to
the owner a card of such size and form as may be prescribed by the Chief of
Police. The card shall contain the
official license number of the taxicab, together with the date of inspection of
the same. Such card shall be signed by the
City Clerk and shall contain blank spaces upon which an entry shall be made of
the date of every inspection of the vehicle.
The license card shall be a distinctly different color each year. Any licensee who
defaces, obliterates or changes any official entry made upon his license shall
have his license revoked. If a taxicab
shall be disabled, disqualified for service or sold, the City Clerk may in his
discretion permit the use of a license granted for such taxicab to be
transferred to another taxicab or to the new owner thereof, provided such
taxicab or such owner complies with the provisions of this ordinance. The owner or operator of said taxicab may, at
any time, file with the Chief of Police a statement showing that new or
different rates are to be charged thereafter for the use and hire of any
taxicab so owned by him.
SECTION 14. LICENSE
FEES FOR VEHICLES.
The fee for each taxicab license under this Chapter
shall be $25.00 per annum. The fee for
transferring such license shall be the sum of $25.00.
SECTION 15. SUSPENSION
OR REVOCATION OF TAXICAB LICENSES.
Upon complaint of any person, taxicab licenses may
be revoked or suspended at any time for cause after a hearing by the City Judge
if the vehicle shall be used for immoral or illegal business, or for a
violation of any ordinance or state law governing the operation of motor
vehicles or if a fare in excess of the rate of fare on file for said taxicab
shall knowingly be charged for the use of said taxicab. When the license is suspended or revoked, the
taxicab license shall be forthwith taken from the licensee and the City Clerk
shall be notified of such suspension or revocation.
SECTION 16. REGISTER
OF LICENSED DRIVERS AND TAXICABS.
The City Clerk shall keep a record in his office of
each license or permit issued to a driver and all renewals, suspensions and
revocations thereof, which record shall be kept with the original application
of the driver for a license, and the said City Clerk shall also keep a register
of the name of each person owning or operating a taxicab licensed under this
Chapter, together with the license number and the description and the make of
such vehicles, with the date and the complete record of inspection made of it,
the record of driver’s license and permits and licensed taxicabs shall be
opened to inspection of the public at all reasonable times.
SECTION 17. PLACING
OF LICENSES.
Each licensed driver, while operating a taxicab, and
the owner of such taxicab, shall cause the driver’s license and photograph, and
the taxicab license and schedule of fares to be kept in a conspicuous place
within such taxicab where the same will be in view of the passenger and easily
read.
SECTION 18. LOSS OF
PROPERTY.
Every driver of a taxicab, immediately after the
termination of any hiring, must carefully search the taxicab for any property
lost or left therein, and any such property, unless, sooner claimed or
delivered to the owner, must be taken to the police station and deposited with
the officer in charge within twenty-four (24) hours after the finding thereof,
and the officer to whom such report shall be made shall make a written record
thereof.
SECTION 19. BUSES.
Nothing herein contained shall be construed to limit
or restrict any person, firm, co-partnership or corporation operating and
maintaining a motor bus transportation system upon regular routes and schedules
upon the streets of the City of Beacon providing such owner or operator of such
motor buses or motor transportation system has been duly authorized by the
Public Service Commission of the State of New York to maintain and operate such
transportation system.
SECTION 20. LIMITATIONS
OF PASSENGERS.
No taxicab driver shall carry more that five (5)
passengers in a taxicab commonly known as a five-passenger taxicab, and no
taxicab shall carry more than seven (7) passengers in what is commonly termed a
seven-passenger taxicab.
SECTION 21. REPEAL.
All ordinances or parts of ordinances inconsistent
with the provisions of this Local Law are hereby repealed.
SECTION 22. PENALTIES.
Any person, firm, co-partnership or corporation
violating any provision of this ordinance or chapter shall upon conviction be
subject to a fine not to exceed the sum of $25.00 for the first offense, and
not less than $25.00 nor more than $100.00 for the second offense, or by
imprisonment for not exceeding 30 days, or both such fine and imprisonment. In addition to the punishment herein
provided, the City Judge may upon conviction of a violation of any provision of
this Local Law suspend or revoke the license of the person so convicted for the
balance of term of said license.
SECTION 23. CONSTITUTIONALITY.
The fact that any Court of competent jurisdiction
may hereafter declare unconstitutional or invalid any part or section of this
Local Law shall not affect nor invalidate the remaining provisions of this
ordinance or Chapter.
SECTION 24. EXCEPTIONS.
The provisions of this chapter or ordinance shall
have no application to taxicabs while in use at funerals, christenings or
weddings.
SECTION 25. EFFECTIVE
DATE.
This ordinance recodifies “An Ordinance to Regulate
and License Taxicabs and Taxicab Drivers of the City of
Motion to dispense with reading of entire
document except for headings Re:
Taxicabs and Drivers: Council
Member Fasano. Seconded: Council Member Leake. All voted in favor. Motion carried.
Motion to adopt Local
Law regarding Taxicabs: Council Member
Fasano. Seconded:
NEW BUSINESS:
Resolutions:
1. Resolution No. 84 of 2005 - Approve and Adopt City of
RESOLVED that the Mayor and City Council of the City of
Fire Fire station improvements $2,000,000
Public Buildings Public Works Facility $2,000,000
Recreation Resurface three
basketball courts $ 140,000
Street Department 2006 Fishkill
and Teller Avenues $1,040,000
2007 Franklin,
Caroline, Laurel,
Talbot, Oak, and
Miller $1,600,000
2009 Rombout,
Waste Water Treatment Security System $ 45,000
Water and Sewer Interceptor investigation
and replacements $1,400,000
*
Motion to Amend* Five Year Capital
Plan adding
Motion to Approve
Five Year Capital Plan as *Amended:
2.
Resolution No. 85 of 2005 - Clarifying
Family Health Coverage for the City Administrator Joseph Braun During His Employment and Upon His Retirement read by City
Administrator, Joseph Braun
WHEREAS, the City Administrator
Joseph Braun was hired March, 1992 at which time one of his terms of employment
provided as follows: “hospitalization, surgical and comprehensive medical
insurance for the Administrator and his dependents with premiums to be paid by
the City;” and
WHEREAS, it is the desire of the
City and Administrator Braun to clarify that the term of employment was and is
intended to cover Administrator Braun when and if he retires, now therefore, be
it
RESOLVED, City Administrator Joseph
Braun shall be covered with hospitalization, surgical and comprehensive medical
insurance for himself and his dependents with premiums to be paid by the City
during his employment and during his retirement.
Motion to clarify
Family Health Coverage for City Administrator:
3. Resolution No.
86 of 2005 - For the Removal / Destruction of Rabid
Animals. Read by City Administrator,
Joseph Braun.
WHEREAS, the danger posed by rabid
animals is a concern of the Beacon City Council; and
WHEREAS, the need to have a
procedure in place for the removal and/or destruction of rabid animals is a
matter of importance to public safety, now therefore, be it
RESOLVED, the City Council authorizes
the transfer of up to $1,000.00 to cover the cost of the removal/destruction of
rabid animals, and be it further
RESOLVED, the Beacon animal control
officer and/or Beacon Police Officers are directed to arrange for the
removal/destruction of rabid animals within the City of
Motion to approve resolution for the removal/destruction of rabid a