CITY COUNCIL PUBLIC HEARING

Minutes

City of Beacon Council Meeting

September 6, 2005

REGULAR MEETING

The regular meeting of the Beacon City Council held at the Municipal Center, One Municipal Plaza on September 6, 2005 was called to order at 7:40 pm immediately following the September 6, 2005 Workshop, by Mayor Clara Lou Gould with the Pledge of Allegiance to the flag.

Council Members Present: Sam Way, Lee Kyriacou, Fred Antalek and Michael Fasano.

Excused: Deanna Leake and Eleanor Thompson

Also Present: City Administrator, Joseph Braun

City Attorney, Gerard Pisanelli

Media: Goldee Greene, Beacon Free Press

Residents at beginning of meeting: 15

Public Hearings:

1. Proposed Local Law to Amend Chapter 154 Parking Permit System. Read by City Administrator, Joseph Braun.

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 Tuesday, September 6, 2005 at

7:30 p.m., or as soon thereafter as the matter is reached on the agenda, to review and

discuss a proposed local law, which is intended to clarify and simplify the language of

Chapter 154 Parking Permit System of the Beacon City Code,

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:

Dennis Pavelock, 34 Judson Street – What is going to be changed in Chapter 154?

City Attorney Pisanelli: We are amending Chapter 154 to be sure that all streets are listed.

No further comments.

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

2. Proposed Local Law to Amend §211-15B. To Correct References to Ferry Street Which are Obsolete. Read by City Administrator, Joseph Braun.

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 Tuesday, September 6, 2005 at7:30 p.m., or as soon thereafter as the matter is reached on the agenda, to review and discuss a proposed local law to amend §211-15.B. Schedule X: Parking, Stopping, and Standing Prohibited at All Times of the Beacon City Code, which is intended to delete references to Ferry Street, which are obsolete.

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

Community Segment: Disaster Preparedness Presentation Postponed to September 19^th, 2005. Our guest speaker is in Gulfport at the location of Katrina. Mayor Clara Lou Gould asked the residents present to join her in a moment of silence for the victims of Hurricane Katrina.

Reports: Text from the following reports for September 6, 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 – 1^st 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 - None

UNFINISHED BUSINESS:

Resolutions:

Local Laws and Ordinances:

1. Resolution No. 97 of 2005 - Local Law No. 9 of 2005 - to Amend Chapter 154 Parking Permit System. Second Reading: Read by City Administrator, Joseph Braun.

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

SECTION 1. TITLE

This local law shall be entitled "A Local Law to amend Chapter 154 Parking Permit System."

SECTION 2. PURPOSE AND INTENT

This local law is intended to clarify and simplify Chapter 154 Parking Permit System.

SECTION 3. AMENDMENT

The chapter shall be amended as follows:

1. Section 154-1. D. shall be deleted.

2. Section 154-2. C. (1) shall now include all streets covered by the On-Street Parking Permit System and shall read as follows:

The parking permit system is limited to the following locations: River Street, West Main Street, Branch Street, Bank Street, Buchanan Street, Tilden Avenue, VanBuren Street West Church Street, Ralph Street, High Street and Tompkins Avenue.

3. Section 154-2. C. (2) shall read as follows:

Parking on streets as set forth in §154-2. C. (1) above shall be subject to the On-Street Parking Permit System as set forth in this Chapter.

SECTION 4. EFFECTIVE DATE

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

Motion to Adopt Local Law to Amend Chapter 154: Council Member Way. Seconded: Council Member Antalek. On a roll call vote, all voted in favor. Motion carried.

2. Resolution No. 98 of 2005 - Local Law No. 10 of 2005 - to Amend §211-15B. To Correct References to Ferry Street Which are Obsolete. Second Reading: Read by City Administrator, Joseph Braun.

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

SECTION 1. TITLE

This local law shall be entitled “A Local Law to amend §211-15 B. to correct references to Ferry Street which are obsolete.”

SECTION 2. PURPOSE AND INTENT

This local law is intended to delete references to Ferry Street, which are obsolete.

SECTION 3. AMENDMENT

The section shall be amended to read as follows:

§211-15.

B. Schedule X: Parking, Stopping, and Standing Prohibited at All Times.

Name of Street Side Location

South Avenue East From Commerce Street to a point

215 feet south

South Avenue East From a point 215 feet south of

Commerce Street to Beacon Street

South Avenue East From Main Street south to Commerce

Street

South Avenue West From Main Street south to the north line

of Saint Andrew's Church property

SECTION 4, EFFECTIVE DATE

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

Motion to Adopt Local Law to Amend §211-15B. Council Member Fasano. Seconded: Council Member Way. On a roll call vote, all voted in favor. Motion carried.

NEW BUSINESS:

Resolutions:

1. Resolution No. 99 of 2005 - Authorizing Participation in the Community Development Block Grant Program for the 2006 Program Year. Set Public Hearing for Monday, September 19, 2005. Read by City Administrator, Joseph Braun.

Motion to set Public Hearing to Authorize participation in the Community Development Block Grant Program: Council Member Fasano. Seconded: Council Member Way. On a roll call vote, all voted in favor. Motion carried.

2. Resolution No. 100 of 2005 - Authorize an Appraisal of the Hiddenbrooke Property. Read by City Administrator, Joseph Braun.

WHEREAS, the City is interested in determining the fair market value of the property referred to as the Hiddenbrooke Property, now therefore, be it

RESOLVED, the City Council authorizes the City Administrator to obtain an appraisal of the Hiddenbrooke Property in order to determine its current fair market value.

Motion to authorize an appraisal of the Hiddenbrooke Property: Council Member Kyriacou. Seconded: Council Member Antalek. On a roll call vote, all voted in favor. Motion carried.

3. Resolution No. 101 of 2005 – Create an Open Space Fund

WHEREAS, the City Council has decided to create an Open Space Fund, now therefore, be it

RESOLVED, the City Council hereby creates an Open Space Fund to be maintained and continued year to year as a dedicated fund..

Motion to create an Open Space Fund: Council Member Kyriacou. Seconded: Council Member Antalek. On a roll call vote, all voted in favor. Motion carried.

4. Resolution No. 102 of 2005 - Replacement of Curb and Sidewalk on South Elm Street. Read by City Administrator, Joseph Braun.

WHEREAS, the City is responsible for the replacement of the curb on South Elm Street; and

WHEREAS, the County of Dutchess is responsible for the replacement of the sidewalk on South Elm Street; and

WHEREAS, the Dutchess County Attorney's office will concurrently prepare an inter-municipal agreement in order to coordinate the funding, now therefore, be it

RESOLVED, the City authorizes the City Administrator to pay the cost to the lowest responsible bidder of the replacement of the curb on South Elm Street in conjunction with the replacement of the sidewalk by the County of Dutchess.

Motion to approve the replacement of curb and sidewalks on South Elm Street: Council Member Antalek. Seconded: Council Member Kyriacou. On a roll call vote, all voted in favor. Motion carried.

5. Resolution No. 103 of 2005 – Authorizing the mayor to sign a contract with the Munis Corporation for Software analysis and installation. Read by City Administrator, Joseph Braun.

WHEREAS, the City Council has reviewed the recommendation of the City Administrator and his staff, now therefore, be it

RESOLVED, the City Council authorizes the Mayor to sign a contract with the Munis Corporation for Software Analysis and installation at an initial cost of $251,764.00 and authorizes the transfer of said funds from Fund Balance.

Motion to approve the purchase of financial software: Council Member Antalek. Seconded: Council Member Way. On a roll call vote, all voted in favor.

6. Resolution No 104 of 2005 – Resolution Authorizing the Mayor to sign a contract with Integrated Paving Concepts, Inc. a/k/a Street Print Decorative Asphalt Solutions Read by City Attorney, Gerard Pisanelli.

WHEREAS, the City Council has reviewed the proposals submitted, now therefore, be it

RESOLVED, the City Council authorizes the Mayor to sign a contract with Integrated Paving Concepts, Inc. a/k/a Street Print Decorative Asphalt Solution to replace the street markings with street print Dura Therm Crosswalks at a cost of $2500.00 each for ten (10) crosswalks for a total of $25,000.00 and to bond said expenditure.

Motion to authorize the Mayor to sign a contract with Integrated Paving Concepts, Inc.: Council Member Antalek. Seconded: Council Member Kyriacou. On a roll call vote, all voted in favor. Motion carried.

Local Laws And Ordinances:

Appointments

Announcements:

Last Opportunity for Public Comments:

Dennis Pavelock, 34 Judson Street – Why do we have to wait for the meeting to hear reports from the Mayor, Council Members, Attorney and City Administrator? I would like a copy of the reports available before the meeting so the public can have access to them. As for the disaster down south – everyone should contribute something to send down south.

Mayor Clara Lou Gould: I am not supposed to answer questions during Public Comments but I will say that someone already suggested that we have a booth on Spirit of Beacon Day for the collection of funds to help the people of Katrina.

The following comment was read to Beacon City Council Meeting on 9/6/05 by Tom Baldino, 19 North Street:

The BBC News, shortly after the hurricane, Katrina, hit New 0'rleans quoted President Bush as saying that the initial response was 'unacceptable." In addition he said, "We're going to get on top of this situation."

The main problem was the fact that many of the poorer people of the city were trapped or for other reasons did not want to leave their homes. It just so happened that in July of 2004, a simulated force 3 hurricane was presented by FEMA. The predicted outcomes were very much those that actually occurred during and after Katrina. I quote from The Newstandard concerning the predicted evacuation problems:" Though officials involved in the scenario acknowledged that tens of thousands of residents would be without the means to evacuate New Orleans in the absence of government help, the Hurricane Pam scenario teams did not determine strategies for evacuating people ahead of time. Instead, officials predicted that only one-third of the city's residents would make it out in time and designed their response plan around that assumption." The planners then had a year to do more work and planning to do something about getting the poorer people in the population evacuated. "Instead, in July, public officials began videotaping messages for distribution by DVD warning residents to begin making their own advance plans for emergency evacuation in case of a hurricane." The messages were supposed to be released this September. So much for government responding to citizen needs in the event of a catastrophe.

In addition, to make matters worse, funding that was generally forthcoming to strengthen the levees was pulled out by the federal government and used to support the war in Iraq no doubt. Is President Bush really going to get on top of a situation that he helped create. I doubt it.

And is our City of Beacon, going to get on top of an emergency plan before something drastic befalls us? Steve Gold, a former member of the City Council, informed me a few days ago that at one point we had a committee working on an emergency plan. At some point the committee dissolved. I have asked through a submission of Freedom of Information Act form for something in writing from the City concerning our preparedness for an emergency and still have not received a formal reply. If the committee fell apart and I cannot get something in writing about an emergency plan, what am I and what is everyone in this room compelled to think. I will tell you what I think. We do not have a plan that deserves to be called an emergency plan.

No further comments.

Budget Amendments: Requiring Council Action – September 6, 2005

1. Amend the General Fund Balance (Code: A 909) in the amount of $ 1800 for the Highway Department (A 5110.X4160.00) for the City's reimbursement check from Bill Winstanley, Unified Court System.

2. Amend the General Fund Balance (Code: A 909) in the amount of $4700. for the Highway Department (A 5110.X4472.00) from the earnings of the auction of the retired highway equipment.

3. Amend the General Fund Budget for the Highway Department in the amount of $5282. to be transferred from Highway Temp Positions (A 5110.X1030.00) into Parks Temp Positions (A 7110.X1030.00), to cover expenses incurred.

Motion to Amend the General Fund Balance for Items 1, 2, and 3 above: Council Member Way. Seconded: Council Member Kyriacou. On a roll call vote, all voted in favor. Motion carried.

4. Amend the General Fund Balance to Appropriate $5,000.00 to appraise Hiddenbrooke Property.

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

Review of Bills: Total Disbursements as of September 6, 2005 $497,262.19

Next Workshop Date: Monday, September 12, 2005 at 7:00 pm. – Municipal Center

Next Council Meeting: Monday, September 19, 2005 at 7:30 p.m. – Municipal Center

Executive Session: None

Adjournment of Council Meeting at 8:50 pm: Motion by Fred Antalek. Seconded: Council Member Kyriacou. All voted in favor. Motion carried.

Text from Reports for September 6, 2005

Mayor’s Correspondence for September 6, 2005

08/23/05: Patricia J. Hohmann, Clerk of the Legislature

RE: Resolution: Extension of Sales and Use Taxes of Tangible Personal Property and of Certain Services, on Occupancy of Hotel Rooms and on Amusement Charges Pursuant to Article 29 of the Tax Law of the State of New York

Enclosed is a copy of the following resolution that was adopted by the Dutchess County Legislature on August 8, 2005, at its Regular Board Meeting:

08/26/05: Barnabas McHenry and Kevin Plunkett, Chairman - HRV National Heritage Area

RE: Sixth Annual River Valley Ramble

Join us for the 2005 Hudson River Valley Ramble! Enclosed please find a copy of this year's Ramble Guide. Over 150 guided hikes, bikes, walks, paddles, river explorations, historic and cultural events will be held during the weekends of September 17-18, 24-25.

This is the sixth annual celebration of the Hudson River Valley National Heritage Area and many of this year's Ramble events will highlight the scenic, natural, cultural and historic resources that earned the region its designation. We hope you will take part in the celebration this year and join us as we discover all that the Hudson River Valley National Heritage Area has to offer.

For more information about 2005 Hudson River Valley Ramble events, please visit www.hudsonvalleyramble.com. For more information about Ramble events at our designated Hudson River Valley National Heritage Area sites, please visit www.hudsonrivervalley.com. For questions, or to request additional copies of the 2005 Ramble Guide, please call 518-473-3835 We look forward to seeing you on the trails. Thank you!

08/26/05: Poughkeepsie Dutchess County Transportation Council (PDCTC)

RE: Public Notice - August 24,2005

The Poughkeepsie-Dutchess County Transportation Council (PDCTC), the New York Metropolitan Transportation Council (NYMTC) and the Orange County Transportation Council (OCTC) have completed an updated DRAFT Conformity Determination for the applicable portions of their Transportation Improvement Programs (TIP) and Long-Range Plans to address the requirements of the Clean Air Act Amendments.

In recognition of the close relationship between air quality and transportation, Federal legislation such as

the Clean Air Act Amendments of 1990 (CAAA) and the Safe, Accountable, Flexible, and Efficient Transportation Equity Act (SAFETEA) require that transportation activities "conform" to State air quality plans before they can receive federal approval. Dutchess County lies in the Poughkeepsie 8-Hour Ozone Non-attainment Area, which also includes Orange and Putnam Counties.

EPA regulations required that by June 15, 2005, the Poughkeepsie Ozone Non-attainment Area meet the requirements for demonstrating conformity to the new 8-hour ozone air quality standards. Since Putnam County and lower Orange County were granted a temporary waiver of the air quality conformity requirements though October 1, 2005 under Public Law 107-230, these two areas were exempt from the initial conformity determination that was completed earlier this year. This updated conformity analysis includes Putnam County and lower Orange County and we have determined that our TIP and Long Range Plan meet the applicable tests and conform with the new 8-hour ozone standard.

This determination must still receive US Department of Transportation (USDOT - Federal Highway and Transit Administrations) concurrence. Upon adoption of the conformity determination by the PDCTC, OCTC, and NYMTC, USDOT will consult with the US Environmental Protection Agency (USEPA) on the adequacy of this determination. Pending concurrence from USEPA, USDOT is expected to approve the conformity determination.

In compliance with the PDCTC Public Involvement Procedures, the conformity determination is now available for public review and comment. Copies are available from:

PDCTC

27 High Street, 2nd Floor

Poughkeepsie, NY 12601

(845) 486-3600

pdctc@co.dutchess.ny.us

www.dutchessny.gov/pdctc.htm

Comments will be accepted at the above address until 4:00 pm on Wednesday September 7, 2005. All comments will be forwarded to the PDCTC Executive Committee with the Conformity Determination for its consideration.

08/26/05: Patricia J. Hohmann, Clerk Dutchess County Legislature

RE: Budget and Finance Committee Schedule

The Dutchess County Legislature's Budget and Finance Committee, chaired by Legislator Marcus Molinaro (Red Hook), will host a second series of community forums throughout the County seeking comments and input from residents in preparation for review of the County's 2006 Proposed Budget. The series of hearings will be: Monday, August 29,2005 at 7:00 pm at the Milan Town Hall, 20 Wilcox Circle, Milan, New York. Thursday, September 8, 2005 at 7:00 pm at Beacon High School, 10 1 Matteawan Road, Beacon, New York. Please enter School through Main Entrance and proceed to the Large Group Instruction Room (LGI). Thursday, September 15,2005 at 7:00 pm at the East Fishkill Town Hall, 370 Route 376, Hopewell Junction, New York. Monday, September 19, 2005 at 7:30 pm at the Town of Poughkeepsie Police Department's Community Room, 17 Tucker Drive, Poughkeepsie, New York. Wednesday, September 21, 2005 at 7:00 pm at the Community Center located in the Town of Beekman, 31 Recreation Center Road, Hopewell Junction, New York. The Committee is seeking comments from local taxpayers, residents, and organizations regarding the services provided by Dutchess County and supported by tax dollars. Some of Dutchess County's services areas are: