Minutes

City of Beacon Council Meeting

February 6, 2006

 

REGULAR MEETING

 

The regular meeting of the Beacon City Council held at the Municipal Center, One Municipal Plaza on February 6, 2006 was called to order at 7:30 p.m. by Mayor Clara Lou Gould with the Pledge of Allegiance to the Flag.

 

Council Members in attendance were:            Lee Kyriacou, Elizabeth Foster, Charles Kelly, Philip Shea, Steve Gold and Eleanor Thompson

 

Also Present:                                                   City Administrator, Joseph Braun

City Attorney, Gerard Pisanelli

 

Media represented by:                                    Goldee Greene, Beacon Free Press

                                                                        David Paulsen, Poughkeepsie Journal

 

Residents at beginning of meeting                 40

 

Public Hearings:  None        

 

Community Segment:  Reality Check Representatives were:  Janet Wortham, Eric Fox, Tishawanna Agosto and Daray Guyden.  Coordinator:  Heather Ohlson.  Their presentation covered the following:

RESOLUTION FOR THE

REALITY CHECK SMOKE-FREE MOVIES CAMPAIGN

Whereas tobacco use is responsible for nearly 5,000,000 million deaths every year worldwide;

Whereas more than 5,000 youth under the age of 18 try a cigarette for the first time each day in the US;

Whereas more than 3.5 million youth between the ages of 12 and 17 are current smokers in the US and 1/3 of them will eventually die from a tobacco related disease;

Whereas the 1998 Master Settlement Agreement was intended to prohibit tobacco companies from marketing their products to youth - including the use of movies as a means of marketing;

Whereas tobacco shots in the top-ten grossing movies released from May 2002 to May 2003 were in youth-accessible and youth-marketed G, PG, and PG-13 films;

Whereas exposure to smoking in movie recruits more than half (52) of new adolescent smokers;

Whereas youth from across the state have collected petitions and postcards calling on major movie studios to adopt the recommendations of the Smoke Free Movie Project;

Whereas the World Health Organization, American Medical Association, American Academy of Pediatrics, American Legacy Foundation, American Academy of Allergy, Asthma, and Immunology, Society for Adolescent Medicine and others - including the Los Angeles Department of Health Services, US Public Interest Research Group and Interfaith Center for Corporate Responsibility - have endorsed the smoke free movies solution;

Whereas Reality Check, a statewide youth-led and adult-supported movement out to expose the truth about tobacco and the manipulative marketing practices of the tobacco industry, is involved raising awareness about the impact of tobacco use in films and to call on the motion picture industry to adopt four simple voluntary actions:

1.        No Tobacco in Youth Rated Films

No new film, which is, rated G, PG, or PG-13 should depict or imply any tobacco products, brand names of tobacco, or tobacco use

2.        Certify No Pay-Offs

The producers should post a certificate in the credits at the end of the film declaring that no one involved with production of the movie received anything of value (cash, free cigarettes or other gifts, free publicity, interest free loans or any other item of value) from anyone in exchange for using or displaying tobacco in the movie

3.        Require Strong Anti-tobacco Ads

Studios and theaters should require a genuinely strong anti-tobacco ad (not one produced by a tobacco company) to run before any film with any tobacco presence regardless of its MPAA rating

4.        Stop Identifying Tobacco Brands

There should be no tobacco brand identification nor the presence of tobacco brand imagery (such as billboards) in the background of any movie scene

Now, therefore, be it resolved that the (Mayor/City Council/ County Executive) of (name of locality) endorses the four goals of the Reality Check smoke-free movies campaign.

 

Further resolved that this resolution shall be transmitted to the Motion Picture Association of America; to major motion picture studios and their parent corporations including Warner Bros, owned by Time Warner; Disney and Miramax, owned by The Walt Disney Corporation; and Columbia Pictures, owned by Sony Corporation of America; the National Association of Theater Owners; New York State Attorney General Elliot Spitzer, New York State Health Department Commissioner Antonia Novello; United States Senators Charles Schummer and Hillary Clinton; United States Congressman Maurice Hinchey; and Reality Check.

 

Community Segment ended:

 

Mayor Clara Lou Gould asked for a motion to approve the following Council Meeting Minutes:              

January 17, 2006

 

Motion to approve:  Council Member Gold.  Seconded:  Council Member Shea.  All voted in favor.  Motion carried.

January 23, 2006 (Special Meeting)

 

Correction by Council Member Kyriacou:  “Administrative Bond” should be changed to “Administrator”.

 

Motion to approve with correction:  Council Member Thompson.  Seconded:  Council Member Foster.  All voted in favor.  Motion carried.

 

Text from the following Reports for February 6, 2006 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 – 1st Meeting of the Month

Mayor Clara Lou Gould read her Report of Activities

Council Members read their Report of Activities

Keith Milhove, Human Rights Commission made the following announcement:

 

Bill Quinn - Children's Advocate

Taconic Resources, Inc.

February 22, 2006

Wednesday

7:30 P.M.

95 Catherine St., Beacon - Community Action Agency Building

2nd Workshop in 2006 to be hosted by COBCOHR

Title of Talk:  "Understanding the rights of children with disabilities"

Refreshments will be provided

 

I want to mention that the entrance is not the regular main entrance but is the entrance on the side of the building.

 

Public Comments:  Pertaining to This Agenda Only

 

Michael Lanari – Delavan Avenue, Regarding voting for the bond resolution at the next general election, I believe the petition signed by 500 residents requested a Special Election.  I think you will be doing yourselves a disservice for waiting until November.  It will get diluted during the November Election and will not be taken care of, as it should be.

 

Tom Baldino North St. Beacon I would like to respond to Mr. Lanari.  There is good reason to wait until November.  You will get an accurate and larger turnout to vote.  To have a Special Election will be costly.  This is not a matter of stalling.  Both factions were considered and it seems that the National Election will be more fitting.

 

Anna West - I agree with the first gentlemen.  It should be done before the national general election.  A lot a people came out for the library voting and I feel that they will come out to vote for this also.  It seems that it will be hanging in the air if we wait for November.

 

Don Gallo - Welcome to the new members of the Council.  I too would like to have a special election. The petition did specifically request a special election.  The council should consider the 500 people that were on the petition.

 

Mike DiPompo, 6 Pearse St.  I feel that it would be fair to the contractor to have a special election.  He will have to wait for nine months plus pay taxes until that time.

 

Erin VanBuren - I feel that we should have a special election because a lot of people do come out to vote.

 

No further comments.

 

UNFINISHED BUSINESS:  None

 

Resolutions:  None

 

Local Laws and Ordinances: - None

 

NEW BUSINESS:

 

Resolutions:   

 

1.  Resolution No. 7 of 2006 - Scheduling the Bond Resolution for the Next General Election (Tuesday, November 7, 2006) Read by City Administrator, Joseph Braun

 

WHEREAS, a Bond Ordinance, Resolution No. 158 of 2005, dated December 5, 2005 and entitled:

AN ORDINANCE AUTHORIZING THE ISSUANCE OF $1,000,000 SERIAL BONDS OF THE CITY OF BEACON, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF OPEN SPACE AND DEVELOPMENT RIGHTS AND INTERESTS IN LAND OR DEVELOPMENT RIGHTS FOR PRESERVATION PURPOSES, IN AND FOR SAID CITY

was approved by the City Council of the City of Beacon on December 5, 2005, and

WHEREAS, a Petition for Referendum regarding said Bond Ordinance was received by the City Clerk of the City of Beacon on January 10, 2006, within the required 45 days of adoption of the Bond Ordinance, and

WHEREAS, within the requisite thirty (30) days from the filing of said Petition, the Clerk of the City of Beacon, by Certification of Petition for Referendum, dated January 27, 2006, certified that she examined the Petition for Referendum and found that it contains the requisite number of valid signatures, and in all other respects complies with the requirements of the law, now therefore be it

RESOLVED, that the City Council of the City of Beacon, pursuant to Section 8.06 of the City Charter of the City of Beacon and Section 24(1)(a) of the New York State Municipal Home Rule Law, hereby determines that a proposition for the approval of the aforementioned Bond Ordinance shall be submitted at the next general election of state and/or local government officers held in the City of Beacon on Tuesday, November 7, 2006.

 

Motion to approve scheduling the Bond Resolution at the Next General Election:  Council Member Gold.  Seconded:  Council Member Foster.  On a roll call vote, six voted in favor and Council Member Thompson voted "No".  On a vote of six "yes" and one "no", motion carried.

 

2.  Expressing the Importance of the Historic Preservation of the Tioronda Bridge read by City Administrator, Joseph Braun.

 

Motion to approve Importance of the Historic Preservation of Tioronda Bridge:  Council Member Kelly.  Seconded:  Council Member Gold.

 

Motion to table until February 21, 2006 Resolution Expressing the Importance of the Historic Preservation of the Tioronda Bridge:  Council Member Kyriacou.  Seconded:  Council Member Gold.  Six voted "yes" and Council Member Kelly voted "no".  On a vote of six "yes" and one, "no", motion carried.

 

3.  Proposed Redevelopment - Tompkins Terrace

 

Lance Graber, Executive Vice President of AIMCO (Apartment Investment and Management Company) answered many questions which included the following:

 

Present tenants will not lose their apartment.  They will still be allowed to live there as long as they are within the limits to qualify.  No condos will be built for at least 30 years.  Tenants will be relocated while work is being done at no cost to them.  Contractors will be asked to consider applications by local qualified residents to give them an opportunity to perform the work. Mr. Graber or his designated person will return on February 21, 2006 to answer more questions.  He thanked the council for the opportunity to speak to them.

 

Motion to table until February 21, 2006.  Council Member Kyriacou.  Seconded:  Council Member Kelly.   All voted in favor.  Motion carried.

 

Local Laws And Ordinances:

 

Ratifications:

 

1.  Mase Hook & Ladder – Annual Elections 2006

 

Captain:  Mike Fredericks

1st Lieutenant:  Lou Amoroso, Jr.

2nd Lieutenant: Brian Wolfe

 

To be put off until after executive session

 

Appointments:

 

Announcements:

 

Designation by Mayor of three Emergency Interim Successors as required by D.C. Department of Emergency Response:

 

1.                  Frederick N. Antalek

2.                  Eleanor Thompson

3.                  Albert C. Romanelli

 

Public Comments:

 

Flora Jones - The new meter that was installed – I got a three month bill – Should I call the Water Dept to come to check the meter? 

 

City Administrator, Joseph Braun:  We will look at your past bills to see what you received and we will estimate. It will be adjusted when all the meters are installed

 

John McCullough, Tilden Ave. - Re water bills - he asked about the new meter system. There is no way to recheck our usage against the bill.  How do the people know if they are getting an accurate reading?  Before, I was able to read my meter and check this against the bill. 

 

City Administrator, Joseph Braun:  The reason why we are replacing the meters is because we were having a problem reading the old ones.   The new radio devise is more accurate.  The meter is read by radio.  There is no possibility that it will be inaccurate because there is only one reading rather than two.

 

Dennis Pavelock - Dennis expressed his condolences for Correta Scott King.  He read an article on Disaster Preparedness.  He continued:  We need to know what is going on in our city.  When are we going to do something about Disaster Preparedness?    I would also like to know.

 

Debra Rhodes - I want to bring to your attention that the Beacon Dispatch wrote an article naming my property as a halfway house.  Some of the complaints reported were that it is being used as a halfway house, people urinating on the property, police being called to the property, etc.  I would like to know what is going on.  I now have an issue of my safety and the safety of my family.  Can anyone tell me where to go for help to stop this?  How do I clear up this outrageous write up in the newspaper?  They have been living there three months.

 

Council Member Thompson suggested that she write to the newspaper to ask them to clear up this problem.

 

Tom Baldino, North Street – First I would like to back up Dennis Pavelock with his remarks on Preparedness.  I understand that something is happening soon.  We need information and knowledge regarding what happens to us during an emergency.  Regarding Wind Power – It costs more than conventional power.  The state controller had no intention of prosecuting people who purchase wind power.  If wind power were cheaper now, it would be purchased in violation of the law.  The only conclusion I can come to is that they do not want to purchase Wind Power because of the cost.

 

No further comments.

 

Budget Amendments requiring Council Action for February 6, 2006:

 

1.  Amend the General Fund 2006 Budget in the amount of $12,471.30 for Attorney Expenses, Code:  (A1420X4504.03) to cover fees owed to Roemer Wallens & Mineaux LLP. 

 

Motion to amend the general fund:  Council Member Kyriacou.  Seconded:  Council Member Gold.  On a roll call vote, all voted in favor.  Motion carried.

 

Review of Bills:   Total Disbursements for 2005 as of February 6, 2006                  $191,410.81

                              Total Disbursements for 2006 as of February 6, 2006                  $352,899.50

 

Next Workshop Date:  Tuesday February 14, 2006 at 7:00 pm.Municipal Center

 

Next Council Meeting:  Tuesday, February 21, 2006, 2006 at 7:30 p.m.Municipal Center

 

Motion to go into executive session at 9:35 p.m.  Council Member Gold.  Seconded:  Council Member Thompson.  All voted in favor.  Motion carried.

 

Motion to come Out of Executive Session:  10:15 p.m.  Council Member Kelly.  Seconded:  Council Member Gold.  All voted in  favor.  Motion carried.

 

Ratifications:

 

1.  Resolution No. 8 of 2006 - Mase Hook & Ladder – Annual Elections 2006

 

Captain:  Mike Fredericks

1st Lieutenant:  Lou Amoroso, Jr.

2nd Lieutenant: Brian Wolfe

 

Motion to ratify:  Council Member Thompson.  Seconded:  Council Member Kelly.  All voted in favor.  Motion carried.

 

Adjournment:  The meeting was adjourned at 10:15 p.m.

 

Text from February 6, 2006 Reports

 

Mayor's Correspondence:

 

02/06/05:  Press Release – NYCOM – Peter Baynes

RE:  Mayors Applaud Governor Pataki’s Continued Commitment to Municipal Property Tax Relief

 

(Albany, NY) The New York State Conference of Mayors (NYCOM) expressed support today for Governor Pataki's budget proposals that would increase the state's commitment to much needed municipal property tax relief. "Local governments are doing all they can to provide essential services at the lowest cost to property taxpayers, but we need a partnership with the state in order to succeed, noted Frank Pagano, Mayor of the Village of Fredonia and NYCOM President. "NYCOM appreciates the fact that, once again, Governor Pataki has remembered his roots as a mayor and offered a significant package of enhanced state aid and real relief from state mandates."

 

"The Governor's budget proposal will help cities and villages contend with rapidly rising expenses and limited revenues," said Peter A. Baynes, NYCOM Executive Director. "NYCOM looks forward to working with the Senate and Assembly to maximize the amount of municipal property tax relief in this year's state budget."

 

The Executive Budget would provide an increase of $50 million in general purpose aid to cities, villages and towns through the AIM (Aid and Incentives for Municipalities) program in 2006-07 and provide out-year aid increases of 2.5% to 7.5% depending on municipal fiscal performance. The Executive Budget would also create a State Task Force on Pension Reform to study and report by October 31, 2006, on potential modifications to public pension benefits; repeal the Wicks Law; and include local ability to pay as the first consideration in binding arbitration awards.

 

02/06/05:  Email - Jennifer Mackiewicz, Secretary - BACA

RE:  BACA Elections

 

BACA elections were held last night at the January General Meeting. Carl Van Brunt was elected Vice-President and Jennifer Mackiewicz was elected Secretary. While it was a very difficult choice and a close race, Doug Berlin and Jacqueline Weissner were voted in as our two new members at large. Doug owns the Piggy Bank and Jacqueline is the owner of Jacqueline, both on Main Street. We would like to welcome our new board members and look forward to a prosperous 2006. We would also like to take this opportunity to thank our outgoing board members, Jane Waldrop and Veryal Zimmerman, for their service and support. We look forward to your continued participation as members!

 

02/06/05:  Steve Rosenberg, Executive Director – Scenic Hudson Land Trust, Inc.

RE: Letter of Support Regarding Hiddenbrooke Property

 

Dear Mr. Steinhaus:

 

I am writing to extend Scenic Hudson's vigorous support for the City of Beacon's application to Dutchess County for Open Space Funding for the protection of the Hiddenbrooke property at the base of Fishkill Ridge in the Hudson Highlands. The City's intention to protect this I 00+-acre property will preserve the natural and scenic beauty of this mountainside property and will add to the City's parkland.

 

The property is characterized by young, but well establish, hardwood forests, open fields, one perennial and many intermittent streams, areas of steep slopes, and wetlands. Formerly the property of the Ursuline Order of the Catholic Church, it has been sold to a developer. Development of the property has the potential to cause erosion and drainage problems, already experienced as the result of development on nearby slopes. Protection of the land offers open space and protection of habitat in a City experiencing intense development pressure.

 

As you know, Scenic Hudson has made a strong investment in Beacon, spending over $7.5 million toward acquisition and development of parks in Beacon. In addition, we have protected over 2,400 acres of land on Fishkill Ridge. New York State has invested over $4 million on the waterfront, at Mt. Beacon, in Madam Brett Park and in other Beacon open-space and trail projects. Now the City has stepped up to the plate.

 

Scenic Hudson strongly endorses the City's effort to play an active role in the protection of open space within its borders. Its move to bond $1 million is a milestone in the proactive planning efforts currently underway in Beacon. The County's participation in this conservation project will go a long way towards the success of the effort and will encourage the City to continue to plan its future in a balanced way.

 

Beacon's revitalization demonstrates the strength of Dutchess County's tourist and cultural economy. Adding beautiful natural places for visitors and residents will enhance the City's remarkable renaissance. We heartily endorse Beacon's application.

 

02/06/05:  Cablevision

RE: Franchise Fee Payment for the 4th Quarter, 2005

Enclosed is the City of Beacon’s franchise fee payment for the 4th Quarter, 2005 totaling $37,623.00

 

Cablevision News will be co-sponsoring the Dutchess County Supervisors & Mayors Association’s Hospitality Suite at this year’s Association of Towns Annual Meeting, February 19 – 22.  Please stop by our table and say hello to some of our Cablevision News crew.  I know they’d like to express their appreciation for your support of local news.

 

If you have any questions or suggestion concerning cable television, please don’t hesitate to call me at (845) 296-3564 or via email at rconnor@cablevision.com

 

2005 

1st Quarter

2nd Quarter

3rd Quarter

4th Quarter

Total for 2005

Ending Number of Subscribers:

4537

4494

4432

4454

17917

Basic Family

$495,304.00

$485,089.00

$500,339.00

$470,947.00

$1,951,679.00

Pay

$123,096.00

$117,626.00

$112,051.00

$111,484.00

$464,257.00

Additional Outlets

$5,187.00

$5,019.00

$5,076.00

$4,829.00

$20,111.00

Equipment

$56,286.00

$53,224.00

$57,464.00

$61,155.00

$228,129.00

Commercial

$19,015.00

$18,404.00

$20,039.00

$18,133.00

$75,591.00

Install

$7,986.00

$6,092.00

$4,880.00

$4,793.00

$23,751.00

Pay Per View

$28,282.00

$29,469.00

$26,045.00

$27,121.00

$110,917.00

Guide

$1,305.00

$1,043.00

$1,202.00

$1,080.00

$4,630.00

Late Charges

$3,671.00

$3,058.00

$3,914.00

$3,294.00

$13,937.00

Advertising

$46,175.00

$44,694.00

$41,568.00

$54,016.00

$186,453.00

Home Shopping

$5,253.00

$8,492.00

$7,794.00

$10,043.00

$31,582.00

Other Revenue