Minutes
City of
REGULAR MEETING
The regular meeting of the Beacon City
Council held at the
Mayor Clara Lou Gould asked the Council
and Residents to join in a moment of silence for Tom Logan (Assessor recently
deceased).
Council
Member Present: Charles
Kelly, Philip Shea, Steve Gold and Eleanor Thompson
Excused: Lee
Kyriacou and Elizabeth Foster
Also
present: City
Administrator, Joseph Braun
City
Attorney, Gerard Pisanelli
Media
represented by: Goldee
Greene, Beacon Free Press
Residents
at Beginning of Meeting: 20
Public Hearings:
1. Proposed Local Law Amending
Chapter 219 Water §219.29 Establishment of Schedule.
2. Proposed Local Law Amending
Chapter 179 Sewer §179.11 Sewer Rates.
3. Proposed Local Law Amending Chapter 179 Sewer §179.7 Sewer
Charges and Fees
NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the City of Beacon will hold a public hearing
on Monday, March 6, 2006 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 three proposed
local laws intended to make the allocation between water and sewer charges equal to the
amount budgeted each year. The local laws would amend the following sections of the
City Code:
Chapter 219 Water, §219-29 Establishment Of
Schedule
Chapter 179 Sewers, § 179-11 Sewer Rates
Chapter 179 Sewers, §179-7 Charges And Fees
This local law would take effect immediately upon filing with the
Secretary of State. Complete
copies of the proposed local laws 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 Hearing Comments:
Perry Pendleton: Can you
put that in layman’s terms so we can understand it? Do the rates change?
City Administrator, Joseph Braun:
When you receive a water bill, the allocation is not consistent. This law does not change the rate but it
changes the allocation. It comes out to
be the same.
Mike Lanari –
No further comments:
Motion to close hearing:
Council Member Kelly. Seconded: Council Member
Thompson. All voted in
favor. Motion carried.
1. Special Use Permit Application for a new
two family dwelling at
PLEASE TAKE NOTICE that the City Council of the City of Beacon will hold
a public hearing on Monday, March 6, 2006 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 Special Use Permit Application submitted by Louis Amoroso for a new two-family
dwelling at 40 Vail Avenue, identified on City tax maps as
Section 6054, Block 46, Lot 210559. The Beacon
Planning Board reviewed the application on February 14, 2006 and recommends that the Special Use Permit be issued
subject to the applicant returning to the
Planning Board for final site plan review and that the members of the City Council assure themselves that the parking standards
of the City of Beacon are being met. A copy of the proposal is available for inspection at
the Municipal Center, Lower Level, One Municipal Plaza,
Beacon, New York during regular business hours (Monday-Friday
~ 8:30 a.m. to 4:00 p.m.) 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 was received
Subject:
Request for a Special Use Permit
To:
Mayor Clara Lou Gould
Councilman
Steve Gold (4th Ward)
Councilman
Lee Kyriacou (at large)
Councilwoman
Eleanor Thompson (at large)
We are writing in opposition to Mr. Lou Amoroso's request to build a
new two family house on his lot at
He appeared before the Zoning Board of Appeals on June 21,2005with a
request to build a new two family house in a single family zone(
Rl-5) He was told by Chairman Dunne that the process typically starts at the
Planning Board because this was deemed "Special Use" and would
ultimately have to go to the City Council for approval. This was a law that
could not be changed. The city attorney also stated this as law.
Mr. Amoroso expressed his irritation that Planning Board approval was
needed and then preceded to intimidate the Board with his apparent frustration.
The ZBA offered no challenges and voted to approve Mr. Amoroso's request.
Approvals for new construction in this area have not been consistent. A
request to build a single family house just one block away from Mr. Amoroso's
property was turned down in April 2005.But, two months later June 2005, Mr. Amoroso gets approval to build a two family
dwelling.
This is a single-family zone (Rl-5) and no new two family houses have
been built in this area since the adoption of NYS building codes. A precedent
must not be set for others to follow. There are other lots in this area where
people could do the same thing if allowed. Parking would be a major problem if
a two family were constructed on this site. There is currently no parking for
his current residence on Union St. therefore he parks on the lot behind his
house (site of proposed two family) He would now need parking for six cars on
this lot and there is not enough room to do this.
Letters of opposition were sent to the Planning Board but were never
read at the public hearing nor included as matter of record in the minutes of
the meeting. This request should not be granted. We cannot continue to destroy
the quality of life by allowing new construction on undersized and/or
inadequate lots. We urge the City Council to disapprove this request for a
Special Use Permit.
Betty DiPompo –It seems to take so long to get something
accomplished. Why does the city want to
cause people a problem? Why can't he just build? He has the property. People are waiting. He wants to make sure his daughter is not in
danger. Let him build his house and take
his daughter in.
No further comments.
Motion to adjourn hearing until
Community Segment:
1.
Community Segment: NYS DEC
Stormwater Permit Requirements MS4 Regulations – John Russo – Lanc and Tully -
Back in 2003 - the Clean Water Act regulations came into effect by DEC. Community sewer systems need to meet certain
criteria within five years. There are
six measures that the state has set out that each community must be working
towards. They are as follows: Public Education Outreach, Public Involvement
Participation, A list of Discharge and Detection, Construction Site Run Off Control, Construction Storm Water Management and Good
Housekeeping. Each year we have to have
a public meeting to discuss how we are moving forward. 15 communities will be part of this outreach
program. We are also working on some
laws that have to be adopted before 2008.
Links will be put on the website.
Jim Kelleher - Suggested that the building Dept. be
involved.
Dennis Pavelock,
Tom Baldino:
Anna West, 57 Dutchess Terrace - It
seems to me that once people change their oil they do not know what to do with
it. You say you do not want it to be put
in the sewer. Why isn't there any
information on where people can take their oil?
She also asked about where to take old paint and turpentine. Council Member Thompson: Suggested that the artists might want to get
together and combine their waste and work together to dispose of it.
City Administrator, Joseph Braun: Every gas station will take waste oil.
Council Member Gold: There are certain things that our waste dump
does not have the facilities to take.
2.
Community Segment: Cub Master, John
Arena and his troop of Webelos came tonight to observe a portion of this
council meeting. They also lead the
council and residents in the Pledge of Allegiance to the flag. The following Webelos were in
attendance: Brandon Arena, Brent Plumer,
Eli Smith, Justin Sonko, Robert Hoernes, Ashanti Cato, Santi Yambem, Alexander
Nivel and Spencer Hopkins.
Mayor Clara Lou Gould asked for Approval
of Minutes for:
Motion: Council Member Thompson. Seconded: Council Member Gold. All voted in favor. Motion carried.
Reports: Text from reports for
Mayor's
Communications read by Mayor Clara Lou Gould
City
Administrator, Joseph Braun gave 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 read their Reports of
Activities
Public Comments: Pertaining to This Agenda Only
Tom Baldino,
Dennis Pavelock,
Barbara McCaskill - I want to make a
statement regarding electric cars. I
disagree with that kind of car because no one will tell you how much it will
cost to repair. I understand it is very
expensive.
No further comments
UNFINISHED BUSINESS:
Resolutions:
1. Resolution No. 17 of 2006 - Traffic Safety Committee
Ratifications: Read by City
Administrator, Joseph Braun.
a. No Parking 30 feet in from
the end of a dead end street that is not designed with a turn around area
b. No Parking, Stopping or
Standing on the south side of
Motion
to Ratify: Council Member Thompson. Seconded: Council Member Shea. All voted in favor. Motion carried.
Local Laws and Ordinances:
1. Resolution No. 18
of 2006 adopting Local Law No. 01 of
2006 - Amending Chapter 219 Water §219.29 Establishment of Schedule. Second
BE IT
ENACTED by the City Council of the
City of
SECTION 1. TITLE
This
local law shall be entitled “A Local Law to amend §219-29 Establishment of
schedule.”
SECTION 2. PURPOSE
AND INTENT
This
local law is intended to make the allocation between water and sewer charges
equal to the amount budgeted each year.
SECTION 3. AMENDMENT
The
section shall be amended to delete the following paragraph:
B. The rate for use of water by consumers
purchasing water from the City of
Number
of Cubic Feet Quarterly
Rate for 100 Cubic Feet
Minimum rate: 600 or less $20.16 (flat)
601 to 10,000 $2.67
10,001 to 100,000 $2.25
100,001 to
1,000,000 $1.45
Furthermore,
the section shall be amended to rename paragraph “C.” of that section to paragraph
“B.”
SECTION 4. EFFECTIVE
DATE
This local law shall take effect immediately upon its
filing with the Secretary of State.
Motion to adopt Local Law:
Council Member Thompson. Seconded: Council Member
Kelly. On a roll call vote, all
voted in favor.
2 and 3. Resolution
No. 19 of 2006 adopting Local Laws 02 and 03 of 2006 Amending Chapter 179 Second
Local Law No. 02 for 2006 §179-11 Sewer
Rates and
Local Law No. 03 for 2006 - §179-7 Charges and
Fees
Local Law No. 02 of 2006 - 179.11 Sewer Rates
BE IT ENACTED by the City Council of the City of
SECTION 1 TITLE
This local law shall be entitled'-A Local
Law to amend Chapter 179 Sewers at §179-11 Sewer rates."
SECTION 2 PURPOSE AND INTENT
This local law is intended to make the
allocation between water and sewer charges equal to the amount budgeted each
year.
SECTION 3 AMENDMENT
The section shall be amended to read as follows:
In addition to any other fees or charges
provided by the law, the owner of any parcel of real property served by the
sewer system, including but not limited to real property connected with the
sewer system by means of a private sewer or drain emptying into the sewer
system shall pay a sewer rent Such rent is hereby fixed at an amount equal to
the percentage of the charge now made or hereafter made for water supplied to
any real property as fixed by the annual City budget.
SECTION 4 EFFECTIVE DATE
This local law shall take effect immediately upon its filing with the
Secretary of State.
Local Law No. 03 of 2006 - 179-7 - Charges and Fees
BE IT ENACTED by the City Council of the City of
SECTION 1 TITLE
This local law shall be entitled - "A
Local Law to amend Chapter 179 Sewers at §179-7 Charges and fees
"
SECTION 2 PURPOSE AND INTENT
This local law is intended to make the
allocation between water and sewer charges equal to the amount budgeted each
year.
SECTION 3 AMENDMENT
The section shall be amended to read as follows:
C. In addition to any other fees or charges
provided by the law, the owner of any parcel of real property served by the
sewer system, including but not limited to real property connected with the
sewer system by means of a private sewer or drain emptying into the sewer
system shall pay a sewer rent Such rent is hereby fixed at an amount equal to
the percentage of the charge now made or hereafter made for water supplied to
any real property as fixed by the annual City budget.
SECTION 4 EFFECTIVE DATE
This local law shall take effect immediately upon its filing with the
Secretary of State.
Motion to approve Local Laws 2 and 3 regarding (2) Sewer
Rates and (3) Charges and Fees: Council
Member Gold. Seconded: Council Member Thompson. On a roll call vote, all voted in favor. Motion carried
NEW BUSINESS:
Resolutions:
Item No. 7 on the agenda was moved to the first item under New
Business and remains as No. 7. (Other Agenda Item Numbers will remain as listed
on the Agenda)
7. Resolution No. 25 of
2006 - Voting Machines: read by
Council Member Steve Gold
REPLACEMENT OF LEVER VOTING
MACHINES
WHEREAS, the decision concerning replacement of lever voting machines for
elections in the City of Beacon to comply with the Help America Vote Act will
be made by the Dutchess County Board of Elections, and
WHEREAS, paper ballot optical scan (PB/OS) voting machines are more accurate,
are half as expensive, last twice to three times as long, take up much less
space, require less special handling, and are user-friendly compared to direct
recording electronic (DRE) touch screen or button voting machines, and
WHEREAS, the AutoMARK ballot-marking device used with PB/OS machines has been
the system of choice of people with disabilities, and
WHEREAS, paper ballots optically scanned fulfill Dutchess County's requirement
of being reliable; according to the League of Women Voters, 46% of counties,
36% of precincts, and 35% of voters in the entire US used PB/OS machines in the
2004 election, these PB/OS systems are mature technologies having been
performing well for 20 years, and have been successfully and reliable used in
the following jurisdictions and states: Alabama, Alaska, Arizona, Arkansas,
California, Colorado, District of Columbia*, Florida, Hawaii*, Idaho, Illinois,
Indiana, Iowa, Kansas, Kentucky, Maine, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New
Mexico, North Carolina, Ohio, Oklahoma*, Oregon**, Pennsylvania, Rhode Island*,
South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West
Virginia, Wisconsin, and Wyoming * Denotes uniform optical scan ** All
elections conducted by mail using optical scan ballots, and
WHEREAS,
WHEREAS, unlike electronic (DRE) touch screen or button voting machines, PB/OS
voting continues without relying on electricity, and
WHEREAS, precinct-based optical scanners allow the voter to be notified
immediately if there is an error in voting and to be offered the chance to
declare the ballot spoiled and present it to the poll inspector and then be
issued a replacement ballot to vote on, and
WHEREAS, ERMA requires that votes from 3 percent of the machines in each county
must be recounted, Optical Scan Ballots are designed to be recounted quickly by
hand or by a different scanner and stored for future evidence, while a touch
screen or button (DRE) machine may at most create a voter verified paper audit
record that is difficult to count by hand and if counted by computer will
defeat the purpose of a recount which is to enable oversight by the public and
candidates, and
WHEREAS, voter-marked paper ballots consist of document quality paper that can
be stored for many years, but the voter verified paper audit record produced by
DREs is on heat-sensitive paper and may not last long enough for a recount,
and
WHEREAS, Touch screen or button (DRE) machines have a recent history of
technical problems and breakdowns leading some counties to scrap their DRE
voting systems in favor of PB/OS systems, and
WHEREAS, The Government Accountability Office (GAO) in its September 2005
report stated touch screen or button (DRE) machines presented “significant
concerns about the security and reliability of electronic voting systems
(DRE)”, and
WHEREAS, vote tallies and ballot storage in Paper Ballot/ Optical Scan systems
are controlled and stored by either municipal governments, the Board of
Elections or their designated individuals, and
WHEREAS, the vote tallies and storage of electronic files in electronic (DRE)
touch screen or button voting machines are programmed, updated and maintained
by private businesses that are not owned, operated, controlled or under the jurisdiction
of the Board of Elections or any governmental body, and
WHEREAS, Paper Ballot/ Optical Scan systems are a cost-effective technology
that would satisfy a requirement to purchase from the lowest responsible bidder
when compared to the higher cost to purchase and maintain touch screen or
button (DRE) machines, and
WHEREAS and in conclusion, Paper Ballot/ Optical Scan systems provide
reliable, auditable voting, with an anonymous secure paper trail for each vote,
and are a cost-effective technology therefore, be it
RESOLVED, that the City of Beacon urges purchase of precinct-counted paper
ballot optical scan (PB/OS) voting machines as the HAVA -compliant voting
machines when Dutchess County replaces the current lever machines, and be it
further
RESOLVED, that the City of Beacon urges the purchase of precinct- based marking
devices such as the AutoMARK device for paper ballots as the HAVA-compliant
machine for voters with disabilities, when Dutchess County replaces the current
lever machines, and be it further
RESOLVED, that a copy of this resolution be forwarded to Governor George E.
Pataki, State Senate Majority Leader Joseph Bruno, Senators Stephen M. Saland
and Vincent Leibell, State Senate Democratic Leader David A. Paterson, Assembly
Speaker Sheldon Silver, Assemblymen Thomas Kirwan, Joel M. Miller, Patrick R.
Manning, Willis H. Stephens Jr., and Kevin Cahill, Commissioner Neil W.
Kelleher, Commissioner Evelyn J. Aquila, Commissioner Helena Moses Donohue,
Commissioner Doug Kellner, the Board of Elections Co-Executive Director Peter
Kosinski, Board of Elections Co-Executive Director Stanley Zalen, the members
of the Dutchess County Legislature and Dutchess County Election Commissioners
David Gamache and Fran Knapp.
Motion to approve resolution regarding Voting Machines: Council Member Thompson. Seconded: Council Member Kelly. On a roll call vote, all voted in favor. Motion carried.
Comment by Council Member Steve Gold: It is a shame that we have to change our
system. We have never had a problem with
our voting machines.
1. Special Use Permit Application for a new two family
dwelling at
Motion to postpone until
2. Resolution No. 20 of 2006 - Authorize Mayor to sign
Agreement between Poughkeepsie Dutchess Development, Inc. and City of
Agreement
This agreement made this day of by
and between the
Dutchess Development, Inc, a not‑for‑profit
corporation with responsibility for implementation and administration of the
Poughkeepsie Dutchess Empire Zone (hereinafter referred to as the Empire Zone
Administrative Board) with administrative offices at 3 Neptune Road,
Poughkeepsie New York, and the City of Beacon, a municipal corporation, with
its principal place of business at One Municipal Plaza, Suite One, Beacon, New
York 12508.
WHEREAS the Empire Zone program is a New York State
program which makes financial incentives available to qualifying businesses
that expand or locate in the zone; and
WHEREAS the Empire Zone Administrative Board has the
responsibility for the successful implementation of the Empire Zone program in
Dutchess County, consistent with requirements of the New York State Department
of Economic Development (herein after referred to as Empire State Development);
and
WHEREAS, administration of the program is essential
for an individual business to obtain and maintain Empire Zone certification,
thereby making it eligible to receive the financial incentives; and
WHEREAS, the benefits of the Empire Zone are significant
for economic development in the City of
WHEREAS the Empire Zone Administrative Board
annually adopts a budget deemed sufficient to successfully administer the
program; and
WHEREAS the budget is based on the successful
application for a grant from Empire State Development and additional
commitments from the municipalities benefiting from the Empire Zone; and
WHEREAS, the Empire Zone Administrative Board has
adopted a revenue policy, that each participating municipality shall share equally
in the local share of the budget; and
Now, therefore, in consideration of the mutual
covenants and promises contained therein, the City of
I. Empire Zone staff will
assist businesses in the Empire Zone in the City of
2. Empire Zone staff will assist
zone businesses in obtaining current information regarding available incentives,
including but not limited to the wage tax credit, property tax refund, sales
tax exemption, and income tax credit.
3. Empire Zone staff will
provide routine business services, such as references to appropriate tax
legislation, information regarding program changes, and referrals to other
economic development resources as part of its on‑going program of
assistance to certified business.
4. Empire Zone staff will meet
with property owners and/or representatives of prospective developers to help
present Empire Zone incentives, identify and assess high priority development
sites and the feasibility of Zone status of individual sites.
5. The Empire Zone Board will
provide to the City of
6. The City of Beacon will
receive an invoice for annual Empire Zone administrative fees and shall remit,
within 30 days, said fees payable to Poughkeepsie Dutchess Development, Inc.
7. Annual fees for the City of
8. This agreement shall terminate on
IN
WITNESS THEREOF, the parties hereto have executed this Agreement.
Motion
to authorize the mayor to sign Agreement:
Council Member Gold. Seconded: Council Member
Kelly. All voted in favor. Motion carried.
Council Member Gold: I commend the Mayor and Joseph Braun for
making this happen.
3. Resolution No. 21 of 2006 - Appointment of Iola Taylor
as City Clerk for the City of
Resolved City Council Approves the Appointment of
Iola Taylor as City Clerk of the City of
Motion
to appoint City Clerk for the City of
City
Administrator, Joseph Braun: This is a
CSEA position and was advertised in the paper for a couple of weeks and went
through the regular process. She has
been trained well.
4. Resolution No. 22 of 2006 - Purchase of Police Vests
which Meet NIJ Standards and Specifications.
Read by City Administrator, Joseph Braun.
RESOLVED, that the City Council
approves the purchase of new police vests which meet NIJ standards and
specifications so that all police officers have such a vest which will be part
of the equipment provided to the officers by the City, and be it further,
RESOLVED, that the City shall replace said
vests as required in order to continue to meet NIJ standards and specifications
in the future.
Motion to approve the purchase of police vests: Council Member Shea. Seconded: Council Member Kelly. On a roll call vote, all voted in favor. Motion carried.
5. Resolution No. 23 of 2006 - Create two new police
officer positions in the Police Department.
Read by City Administrator, Joseph Braun. Read by City Administrator, Joseph Braun.
Resolved the City Council Approves the creation of
two new police officer positions to be paid from the police patrol budget, and
further be it
Resolved that the City will aggressively recruit
female and minority officers to fill these positions
Motion
to create two new police officer positions:
Council Member Gold. Seconded: Council Member
Kelly.
City
Administrator, Joseph Braun: These were
occupied and then became vacant. The
study said 37 in 2002. It is somewhat
misconstrued and said that we should have two additional officers. Two lieutenants
positions were abolished. In effect we
are replacing the two lieutenants with two officers.
Council
Member Thompson suggested that we actively recruit female and minorities for
the officers positions and this should be made a part
of the resolution.
Motion restated to approve as amended to add the following: "Resolved that the City will aggressively recruit female and minority officers to fill these positions ". Council Member Gold. Seconded: Council Member Kelly. On a roll call vote, all voted in favor. Motion carried.
6. Resolution No. 24 of 2006 - Approve the purchase of two
additional Preserve America signs. Read
by City Administrator, Joseph Braun.
Resolved the City Council
Approves the purchase of two additional Preserve America Signs in the amount of
and appropriate funds from the general fund.
Motion to approve the purchase of Preserve America Signs: Council Member Gold. Seconded: Council Member Kelly. On a roll call vote, all voted in favor. Motion carried.
7. Resolution No. 25 for 2006 - See first item
above under New Business - (No. 7 was moved to the beginning of New Business on
this agenda). Voting
Machines – Replacement of. Read
by Council Member Steve Gold.
Local Laws And Ordinances:
Ratifications:
1. Resolution
No. 26 of 2006 - For A, B, and C. Read by City
Administrator, Joseph Braun.
A. Tompkins Hose
Remove
from Active to Exempt
Aaron
Yerks
William
Plimley
Active Member
Mario
Capparelli, Jr. as Active Member (transferring from Mase Hook & Ladder)
Allisa
Hiland as Jr. Active Member
Line
Officers elected February 2006
Captain
Peter Sine
1st Lieutenant Terry Stanulwich.
B.