Minutes

City of Beacon Council Meeting

August 15, 2005

 

REGULAR MEETING

 

The regular meeting of the Beacon City Council held at the Municipal Center, One Municipal Plaza on August 15, 2005 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 [excused tardiness:  arrived after Resolution No. 90 was voted upon], Eleanor Thompson, Sam Way, Lee Kyriacou, and Michael Fasano.

 

Excused:                                              Fred Antalek

 

Media represented by:                         Goldee Greene, Beacon Free Press

 

Residents at beginning:                        10

 

Public Hearings:  None         

 

Community Segment:  None

           

Mayor Clara Lou Gould asked for a motion for Approval of the following Council Meeting Minutes for the following date:

                                                August 1, 2005

 

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

 

Text from the following reports for August 15, 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 Report of Activities – 1st Meeting of the Month

Mayor Clara Lou Gould read her Report of Activities

Council Members gave their Reports of Activities

 

Mayor Clara Lou Gould asked for a motion to “move up” the appointment of Police Officer Jose Martinez at this time in our meeting:  Council Member Fasano.  Seconded:  Council Member Way.  All voted in favor.  Motion carried.

 

Appointments:

 

1.  Resolution No. 90 of 2005 – Appointment of Police Officer

 

APPROVE appointment of Police Officer Jose Martinez, effective August 29, 2005.

 

Furthermore, upon satisfactorily completing required Probation, City of Beacon will reimburse Police Officer Jose Martinez at least half of his expense of $3,512.93 ($1,756.47) that was paid to the Village of Highland Falls.

City Administrator, Joseph Braun:  In answer to Council Members questions regarding the reimbursement, City Administrator answered.  The reason for this reimbursement is that Officer Martinez was fully trained and we will not have to send him to school, which would have cost Beacon approximately $25,000.00.  I feel that we are getting a bargain.

 

Motion to approve appointment:  Council Member Kyriacou.  Seconded:  Council Member Fasano.  On a roll call vote, all voted in favor except Council Member Leake who arrived after the vote.  Motion carried.

 

Public Comments:  Pertaining to This Agenda Only

 

Dennis Pavelock, 34 Judson Street – I have a question on an item on the last page of the agenda regarding the appointments to the Harbor Management Advisory Committee.  Why were these people selected to be on this committee?  It looks like they are all related to the water in some way.  What about other residents who have not been approached such as myself?  That is my question and I would like an answer.

 

Mayor Clara Lou Gould responded:  Although this is not a question and answer period, I will answer your question.  The purpose of this is for the people who are involved in the waterfront.  That is the reason they were selected.  The meetings will be open and everyone is invited and encouraged to attend and ask any questions they want to address.

 

Tom Baldino, 19 North Street – On the same issue – how will the residents be informed of the meetings?  I want to be sure that the residents be informed in advance of a meeting.

 

Mayor Clara Gould:  We will use any means possible to inform our residents.  The Beacon Free Press as well as Channel 22 and any other means available.

 

No further comments.

 

UNFINISHED BUSINESS:  None

 

Resolutions:   None

 

Local Laws and Ordinances:  None

 

NEW BUSINESS:

 

Resolutions:

 

1.  Resolution No. 91 of 2005 – Authorize Mayor to Sign an Agreement and Easements with Stacy Shurgin, the Owner of 544 Main Street.

 

WHEREAS, Stacy Shurgin, the owner of 544 Main Street is renovating the existing structure in order to have fourteen (14) apartments and three (3) commercial spaces; and

 

WHEREAS, Stacy Shurgin has received a variance from Zoning Board of Appeals and plans to build a parking lot for fourteen (14) spaces; and

 

WHEREAS, the City owns a parking lot next door to 544 Main Street, now be it

 

RESOLVED, the City Council authorizes the Mayor to sign an agreement and easement with Stacy Shurgin, the owner of 544 Main Street, for the purpose of maximizing the parking both behind 544 Main Street and in the existing City lot.

 

Motion to authorize Mayor to Sign an agreement and easement:  Council Member Way.  Seconded:  Council Member Fasano.

 

Council Member Kyriacou:  Questioned why this building had eight spaces now and is going to be increased to fourteen parking spaces.

 

City Administrator, Joseph Braun:  These spaces are equitable as compared to the rest of Main Street.  These spaces can be used as public parking plus this owner will maintain the lot.

 

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

 

2.  Resolution No. 92 of 2005 - Authorize Request for Bids for Closure Cap Extension of the Dennings Avenue Landfill.

 

WHEREAS, the City is required to close the Dennings Avenue landfill; and

 

WHEREAS, it is necessary to seek sealed bids, now therefore, be it

 

RESOLVED, the City Administrator is authorized to seek bids for the closure cap extension of the Dennings Avenue Landfill; and be it further

 

RESOLVED, the Mayor is authorized to sign a contract for said closure with the Lowest Responsible Bidder.

 

Motion to authorize request for bids:  Council Member Fasano.  Seconded:  Council Member Thompson.  All voted in favor.  Motion carried.

 

3.  Resolution No. 93 of 2005 – Establishing Temporary Time Limit Parking Pursuant to §211-17 on the South Side of Main Street in Front of the Howland Public Library on Tuesday, September 13, 2005 from 6:00 am – 9:00 pm.

 

WHEREAS, the Howland Public Library is holding a referendum on Tuesday, September 13, 2005 from 6:00 A.M. to 9:00 P.M., now therefore, be it

 

RESOLVED, the City Council establishes 15 Minute Time Limit Parking pursuant to §211-17 on the south side of Main Street from South Brett Street to South Cedar Street in front of the Howland Public Library on Tuesday, September 13, 2005 from 6:00 A.M. to 9:00 P.M. in order to accommodate the voters at said referendum.

 

Motion to approve temporary parking:  Council Member Fasano.  Seconded:  Council Member Leake.  Motion to amend to add "15 minute" temporary time limit and “from South Brett Street to South Cedar Street:” Council Member Fasano.  Seconded:  Council Member Kyriacou.  On a roll call vote, all voted in favor of the amendment.  Motion carried.

 

On a roll call vote, all voted in favor of the resolution as amended.  Motion carried.

 

Local Laws And Ordinances:

 

1.  Proposed Local Law §2.02 of the Beacon City Charter Regarding Council/Mayor Salaries.  Set Public Hearing for Tuesday, September 6, 2005.  First Reading:  Read by City Administrator, Joseph Braun.

 

Motion to set Public Hearing:  Council Member Fasano. 

 

This resolution failed for lack of a second to the motion.

 

2.  Resolution No. 94 of 2005 – Proposed Local Law to Amend Chapter 154 Parking Permit System.  Set Public Hearing for Tuesday, September 6, 2005.  First Reading:  read by City Administrator, Joseph Braun.

 

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

 

3.  Resolution No. 95 of 2005 – Proposed Local Law to Amend §211-15B. to Correct References to Ferry Street Which are Obsolete.  Set Public Hearing for Tuesday, September 6, 2005.  First Reading:  read by City Administrator, Joseph Braun.

 

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

 

Ratifications:

 

1.  Resolution No. 96 of 2005 – Lewis Tompkins Hose Company:

 

Dustin Moore to Junior Active Membership effective August 2, 2005.

 

Motion to ratify:  Council Member Fasano.  Seconded:  Council Member Leake.  All voted in favor.  Motion carried.

 

Appointments  - The appointment of Police Officer Jose Martinez by the City Council was moved up and appears on Page 2 of these minutes so Officer Martinez would not have to wait until the end of this meeting for his appointment.

 

Announcements:  Mayor Clara Lou Gould made the following announcements:

 

Harbor Management Advisory Committee:


Jim Bain – Dutchess Boat Club

Stephen Evans – Dia Beacon

Courtland Herbert – Hudson Fisheries Trust

Phyllis Newham – Beacon Sloop Club

Pete Seeger


 

Last Opportunity for Public Comments:

 

Dennis Pavelock, 34 Judson St. – Requested a consensus vote on the handball court.  He requested that he be told how many liens are on the Ski Lodge.  Someone who works for the title company released this information.  Is this a conflict of interest?  My last concern is that Beacon may be becoming a terrorist cell?  We need to get together and get our program off the ground. 

 

Dennis Pavelock, 34 Judson Street, read the following article.  This article appeared in POUGHKEEPSIE JOURNAL FRIDAY, AUGUST 5, 2005

 

Maryland man allegedly plotted to support terror

(Beacon martial arts instructor tied)

 

NEW YORK - A Maryland man was charged with conspiracy to help a terrorist organization after he boasted that he went to Pakistan, attended terrorist training camps and agreed to provide whatever assistance was necessary, prosecutors said Thursday.

 

Mahmud Faruq Brent, of Gwynn Oak, Md., was charged after a New York musician arrested on similar charges in May agreed to meet with him and let the FBI record the encounter, according to a joint release by federal prosecutors, the FBI and New York police.

 

Brent was charged in a criminal complaint filed in U.S* District Court in Manhattan with conspiracy to provide material support to the Lashkar-e-Taiba organization, which the United States designated a terrorist organization in December 2001.

 

During the taped conversation a hotel in Columbia, Md., Brent indicated he had traveled to Pakistan and into the mountains for training "and stuff" with "the mujahideen, the fighters," the release said.

 

He allegedly said that because of "treaties with Bush." it became dangerous for "foreigners" like him to stay in the camps, so he was moved from place to place,

 

Decision was 'better' 

 

Prosecutors said Brent indicated he would never go back on his decision to go to the training camps operated by Lashkar and that it was "one of the better decisions in my life."

 

He also said he had agreed to provide whatever "assistance" he could there and expressed hope that Allah would bless him for his efforts, according to the release. 

 

The investigation of Brent began, authorities said, after they found an address book with telephone numbers for him when they arrested Tarik Shah, 42, of New York

 

Brent was being held in Manhattan and was scheduled to appear in court later Thursday. A telephone call to his lawyer was not immediately returned

 

Shah pleaded not guilty to terrorism charges on June 28, and defense attorney Anthony Ricco called the case against his client ridiculous." 

 

Shah, a jazz musician and martial arts instructor, was charged with conspiring to provide material support to al-Qaida after allegedly taking a formal oath of loyalty to the group along with Dr. Rafiq Abdus Sabir, 50, who also was arrested in May. 

 

According to prosecutors, the two, American citizens had sworn the oath as they conspired to use their skills in martial arts and medicine to aid international terrorism. Sabir also has pleaded not guilty.

 

The government said an undercover FBI agent' recorded a conversation before! Brent’s arrest in which Shah mentioned the names of several students including Brent.

 

The government said Shah told the agent that he planned to call Brent, a longtime student, to ask him to help make a. demonstration video to be used for martial arts training of holy warriors.

 

After, his arrest Shah' told investigators he had trained Brent; in martial arts while they lived in Beacon in 2001 and they often watched -martial arts training videos and other videos, about holy war, or jihad, in Bosnia, the government said.

 

Tom Baldino, 19 North Street – As you know from my past comments, I am interested in emergency preparedness.  I do not know how important Dennis’s article is but I think we should not be focused on the minor things on Main Street but should concentrate on bigger things.  The Council said that they are concerned with Public Health and Safety.  As for Central Hudson, they made a record amount of money last year.  We should raise objections.  Some of these companies are raking in astronomical amounts of money.  Something must be done.

 

Mayor Clara Lou Gould:  At our September 6, 2005, there will be a discussion on the safety issue.

 

No further comments.

 

Budget Amendments:  Requiring Council Action – August 15, 2005

 

1.         Amend the General Fund Balance (Code:  A 909) in the amount of $3,490 for the Finance Department Audit expense (A 1325.X4407.00).  Due to the increased amount of reporting required for GASB 34 compliance these funds will be necessary to cover the cost of the annual independent audit of the city’s records.

 

2.         Amend the General Fund Budget for the Finance Department in the amount of $6,800 to be transferred from Part-Time Clerical (A 1325.X1090.00) to Audit (A 1325.X4407.00).  This is also due to additional auditing expenses related to the increased amount of reporting required by GASB 34.

 

Motion to Amend the General Fund Budget for Items 1 and 2:  Council Member Thompson.  Seconded:  Council Member Leake.  On a roll call vote, all voted in favor.  Motion carried.

 

Review of Bills:  Total Disbursements as of August 15, 2005             $383,376.77   

 

Next Workshop Date:            Monday, August 29, 2005 at 7:00 pm.Municipal Center

 

Next Council Meeting:            Tuesday, September 6, 2005 at 7:30 p.m.Municipal Center

 

Motion to Enter into Executive Session at 8:40 p.m.:  Council Member Thompson.  Seconded:  Council Member Leake.  All voted in favor.  Motion carried.

 

Motion to End Executive Session at 9:08 p.m.  Council Member Fasano.  Seconded:  Council Member Way.  All voted in favor.  Motion carried.

 

Adjournment:  Motion to adjourn meeting at 9:10 p.m. - Council Member Way.  Seconded:  Council Member Leake.  All voted in favor.  Motion carried.

 

Text from Reports for August 15, 2005:

 

Mayor’s Communications read by Mayor Clara Lou Gould:

 

07/29/05: Arthur R. Upright, Senior Vice President, Regulatory Affairs, Financial Planning & Accounting, Central Hudson Gas & Electric Corp.

RE:  Increase in Natural Gas and Electric Delivery Rates

 

Central Hudson is requesting an increase in natural gas and electric delivery rates. Recognizing that the cost of energy is a critical concern for everyone, we felt it was important to contact you, one of our region's elected leaders, to directly explain the reasons behind this request.

 

Central Hudson has, and will continue to, manage its expenses to keep rates as low as possible. We've made enormous inroads in productivity, while at the same time investing in the reliability of our system and improving our customers' satisfaction. Since our delivery rates were last increased more than a decade ago, the Consumer Price Index has risen by nearly 40 percent. These inflationary pressures have impacted Central Hudson's operating costs; and as every leader knows, even with the most careful cost controls, there comes a time when it's necessary to address pricing.

 

This packet contains information on our rate proposal, including a Rate Proposal Q&A and Fact Sheet, to help you and your staff understands the issues prompting this rate increase.

 

Proposed rates were filed with the New York State Pubic Service Commission on Friday, July 29. The Public Service Commission will conduct rate proceedings during the next several months, and hold public hearings so that citizens, businesses and community leaders may participate. The Commission may approve, deny or amend the rate proposal; and new rates, if approved, would likely be implemented in summer 2006. You may wish to visit our Web site at www.CHEnergyGroup.com to follow developments with our request.

 

In the meantime, I invite you and your staff to contact me with any questions you may have on this rate proposal and how it may affect your constituents. I am, as always, available to assist you in any matter related to our region's energy needs.

 

07/29/05: Denise D. VanBuren – Central Hudson

RE:  PRESS RELEASE – Central Hudson Seeks Permission to Raise Energy Delivery Rates – Increases, if Approved, Would Take Effect Next Summer.

 

(Albany, NY) Central Hudson Gas & Electric Corporation has filed a petition with the New York State Public Service Commission, which, if approved, would increase the rates it, charges to deliver electricity and natural gas to customers in its eight-county Mid-Hudson Valley service territory for the first time in more than a decade. Electric and natural gas delivery rates were last increased in 1993 and 1991, respectively, and the Consumer Price Index has risen nearly 40 percent since then. The delivery rate increases, if approved as proposed, would raise total overall electric bills for all classes of customers, on average, by 13 percent and natural gas bills by 15 percent. The typical residential customer might expect to see his/her total electric bill increase by 17 percent, or approximately $10 per month; an average residential natural gas heating customer should expect to see a 16-percent increase in total bills, or about $20 per month when averaged over 12 months. "This request comes after a thorough and comprehensive study of present and future costs of providing and improving service," said Arthur R. Upright, Senior Vice President of Regulatory Affairs. "It also comes after a solid decade of productivity gains and service enhancements for our customers. For example, our number of employees has declined by 25 percent (net of those who worked in our former power plants), yet the number of electric and natural gas customers whom we serve has increased by 11 and 17 percent, respectively. Meanwhile, our customer satisfaction

ratings have improved consistently, as we've invested an estimated $500 million in our infrastructure and technology to better serve our customers. "

 

The filing made in Albany today applies only to delivery rates; the cost of energy supply is based upon the competitive marketplace as a result of New York State's deregulation of the electric and natural gas industries. Upright said it is important to recognize that Central Hudson's delivery rates have remained stable for more than a decade. The electric bills its customers pay have been among the lowest in the northeastern United States, and its gas bills below the state average. New York State and natural gas bills will total near the statewide average.

 

"There are many complicated issues that have contributed to the need for this rate increase request, but the primary drivers certainly include inflation, investments to improve the reliability of our system, safety and environmental enhancements, and pension costs," Upright reported. He added that a copy of the filing and additional information regarding the reasons behind the request can be found at the utility's Web site at www.CHEnergyGroup.com .

 

The filing prompts an 11 -month regulatory process that will include public hearings and other opportunities for interested parties to submit comments regarding the rate increase request.

 

07/26/05: Jessica DesLauriers – Trails Coordinator Hudson River Valley Greenway

RE:  Thank You

 

Thank you for your participation in the Greenway Trail Workshop on June 17th. The "Healthy Trails, Healthy Communities" Trail Conference was a successful event, drawing over 150 participants. It was made possible in part by the important contributions from our state, local and non-profit partners. Workshop participants learned a great deal about the Hudson River Valley while touring the cities of Newburgh and Beacon, and we thank you for contributing to the itinerary that made the trip a meaningful learning experience for those involved.

 

The City of Beacon's continued support of Hudson River Valley Greenway events is greatly appreciated. We look forward to working with you in the future. Thank you.

 

Central Hudson Gas & Electric Corporation

 

IMPORTANT NOTICE TO LANDLORD & TENANTS OF THIS BUILDING

NOTICE OF INTENTION TO TERMINATE UTILITY SERVICE

 

TO TENANTS OF:

 

Rebecca Hazen

16 Liberty Street, Beacon, NY 12508

7416-3030-01

 

TERMINATION DATE: August 25, 2005

 

Central Hudson Gas & Electric Corporation intends to shut off the electric and/or gas to this building 15 DAYS from the date of this notice because the landlord has not paid bills rendered for such service in the amount of $259.84.

 

Discontinuance of service may be avoided by payment in full of the amount due for the most recent billing period no later than 4:00 pm on the last business day prior to the above termination date. Tenants, or any responsible public agency, may lawfully make such payment upon failure or refusal of the owner to do so. Pursuant to Section 235-a of the New York Real Property Law, tenants lawfully making such payment may deduct the amount thereof from any future payment of rent. Please present a copy of this notice with your payment.

 

You may seek the assistance of the Public Service Commission (1-800-342-3377) or its authorized designee in order to negotiate an agreement with Central Hudson in an effort to prevent termination of service.

 

CENTRAL HUDSON GAS & ELECTRIC CORP.

284 South Avenue

Poughkeepsie, New York 12601

(845) 452-2700 or 1-800-527-2714

Contact: Joann

 

08/08/05: Linda Hubbard

RE:  FUND RAISING EVENT

 

Dear Clara Lou, Sara and Ricardo -

 

There are always bad things you hear about, Beacon, but sometimes there are really good things.  A friend of mine works for the Mental Health Association and they are trying to gather items for a silent auction for a fund raising event.  

 

I encouraged her to come to Beacon - and the merchants really responded and supported her.  We really do have a wonderful, caring community.

 

Linda

 

08/08/05: Cindy Brown and Mary Lou Heissenbuttel (Pres. of MHA)  

RE:  Thank You

 

Linda,

 

Just want to let you know we had a very successful trip to Beacon.  We have donations from 8 other stores in addition to RiverWinds, and we have a few others to follow-up on.  Everyone was very nice.  We are going to get a glass piece from Hudson Beach Glass; we got bracelets and a scarf from Tess Trueheart; and we received 3 lovely Christmas balls in beautiful red boxes from Kringle's Christmas House.  So we have items to display as well gift certificates to get people into Beacon to shop

It was a nice day and it was fun to tour Beacon.  Thanks again for your help!  Knowing when to go was key!

 

Cindy Brown and Mary Lou Heissenbuttel (Pres. of MHA)

 

08/08/05: Timothy J. Maher, Director Central Support Services – NYS Real Property Services  

RE:  Final State Equalization Rate 33.39

 

I, Timothy J. Maher, hereby certify that on August 1, 2005 the State Board of Real Property Services established a final State equalization rate of 33.39 for the above named municipality.

 

Note: Since your municipality did not file a complaint with respect to the tentative rate, the final equalization rate is the same as the tentative rate. Notice of the final rate will be filed with the clerk of the county legislative body and in the office of the State Comptroller.

 

On August 1, 2005 the State Board of Real Property Services established the following final class equalization rates for the above named assessing unit for the 2005 Assessment Roll.

 

Assessing Unit:

City of Beacon

 

Portion:                                                            Homestead                   Non Homestead

City of Beacon                                                30.70                           39.49

School District of Beacon                                30.70                           39.49

 

 

 

                                                                                 (A)                (B)                      (C)

                                                                                 2004 State     2005 State           Percentage Change

Municipal                 Municipal                                Equalization  Equalization        in Estimate of

Code                         Name                                       Rate              Rate and Status   Full Value

130200                     City of Beacon                        39.21            33.39   Final          17.43%

131300                     City of Poughkeepsie               16.00            13.91   Final          15.03%

132000                     Town of Amenia                     73.00            67.00   Final          8.96%

132200                     Town of Beekman                   61.50            55.00   Final          11.82%

132400                     Town of Clinton                      82.50            71.90   Final          14.74%

132600                     Town of Dover                        56.00            44.00   Final          27.27%

132800                     Town of East Fishkill               12.30            10.52   Final          16.92%

133000                     Town of Fishkill                      56.00            49.00   Final          14.29%

133001                     Village of Fishkill                    18.25                        No Rate Yet

133200                     Town of Hyde Park                 61.00            55.00   Final          10.91%

133400                     Town of La Grange                 67.50            61.50   Final          9.76%

133600                     Town of Milan                         100.00          100.00 Final          14.04%

133800                     Town of Northeast                   100.00          100.00 Final          4.28%

134000                     Town of Pawling                     44.00            39.00   Final          12.82%

134200                     Town of Pine Plains                 52.00            45.56   Final          14.14%

134400                     Town of Pleasant Valley          64.00            55.00   Final          16.36%

134600                     Town of Poughkeepsie            59.50            50.00   Final          19.00%

134800                     Town of Red Hook                  67.00            100.00 Final          44.29%

134803                     Village of Tivoli                      37.33                        No Rate Yet

135000                     Town of Rhinebeck                 66.45            100.00 Final          33.76%

135200                     Town of Stanford                    70.00            60.00   Final          16.67%

135400                     Town of Union Vale                44.00            38.50   Final          14.29%

135600                     Town of Wappinger                 44.34            39.50   Final          12.25%

135800                     Town of Washington               10.70            8.20     Final          30.49%

 

Column C is the percentage change in the estimate of full value between the 2004 State equalization rate and the 2005 State equalization rate due to the change in full value standard.

 

This percentage change is important because county and school taxes are apportioned according to a municipality's share of the full value of the county or the school. A municipality will be apportioned a larger share of the tax levy if its full value increases by a larger percentage than others, or if its full value decreases less than the decrease for other municipalities in the county or school.

 

The information shown in columns B and C is subject to change as the other tentative rates are established in the county and as rates are finalized after the completion of rate complaint processing. You will be sent a complete report when we have established 2005 State equalization rates for all municipalities in your county.

 

08/05/05: Sue W. Kelly, Member of Congress  

RE:  Small Business Owners – Walked Through Beacon

It was a pleasure to spend time with you on Wednesday as we walked the City of Beacon, speaking with local business people. Appreciating your busy schedule, I would like to thank you for taking the time to introduce me to the business owners we visited.

 

Small businesses are the backbone of both our local and national economy. As a former small business owner, I personally appreciate the needs of the folks operating their individual enterprises in our communities.

 

I will persist in my work at the federal level of government to encourage the support of policy and funding initiatives that help small businesses.

 

Again, many thanks for your interest and hard work in the development of our local communities. I look forward to working with you again, soon.

 

Rivers & Estuaries Center

199 Main Street

Beacon, NY 12508