Minutes
City of
REGULAR MEETING
The regular meeting of the City of
Council Members Present: Lee
Kyriacou, Phil Shea, Steve Gold and Eleanor Thompson.
Excused: Elizabeth
Foster and Charles Kelly.
Also
in attendance were: City
Administrator, Joseph Braun
City
Attorney, Gerard Pisanelli
David
Stolman, President of Frederick P. Clark Associates, Inc. Planning/Development/
Environment/Transportation
Media
represented by: Goldee
Greene, Beacon Free Press
Residents
at beginning of meeting: 25
Public Hearings:
1. Proposed Local Law Amending the City of
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of Beacon will hold a public
hearing on Tuesday, January 2, 2007 at the City of Beacon Municipal Center, One
Municipal Plaza, Beacon, New York at 7:30 p.m. or as soon thereafter as the
matter is reached on the agenda, to consider a proposed local law Amending the
City of Beacon Code with Respect to the Regulation of Cabarets.
This local law would take effect immediately upon filing with the
Secretary of State. Complete copies of
the proposed local law are available at the
All interested persons and citizens shall have an opportunity to be heard on said proposals at the date, time and place aforesaid.
Council Member Thompson: I do not think we should go any further with
this law. A number of people have a
problem with this as it is written.
Dave Stolman: You may not want to have the second
reading tonight.
Public Hearing Comments:
Abovovkal Refaat, River Terrace: (He asked Tim Dexter to speak for him because he felt his English was not very good). If this law is passed, we would not be able to give Mr. Refaat an operating permit because he is in a residential area. I feel that existing restaurants should be exempt from this law.
Abovovkal Refaat (speaking on his own): I need other income. I need to be allowed to have entertainment to attract customers. I would not be open until all hours of the morning.
Dennis Moroney, 439 Fishkill Landing: I got a notice of this law and a few of the things bother me. You are holding us responsible for things that are out of our hands. The fines are a little bit excessive. Who makes the decision of what is boisterous or lewd? When will this go into affect? This has to be explained in more detail. The fine and punishment is excessive.
Dennis Pavelock,
To Whom It May Concern:
The business owner is a lifeline to any community. This proposed local law puts limitations on our business owners. Also, there should be no fine as well. The business owner should not be required to get a cabaret operating permit. It is another limitation on our businesses, which are already being overburdened by unnecessary laws that only obstruct their business. They are also overtaxed by high and outrageous rents. This law only obstructs owners. It seems as if our Building Department needs more authority. So in the future, let's try to work with our business owners not hinder them on trying to make a living.
Tom Baldino,
Michael Justice, 15
David Stolman: Regarding specific noise standards and parking standards. There have been a number of modifications. The penalties are a starting point. Years ago, the adult entertainment activity needed to be regulated. There are no regulations in regard to cabarets. To not have them is the wrong way to go.
Council Member Thompson: We need to enforce the laws on our books. We keep writing laws on top of laws. I think this needs to be addressed. I am not happy with this at all.
David Stolman: There are laws on the books already, which are referenced in this law.
Tim Dexter: There was a time when we had a couple of restaurants that had entertainment that attracted a lot of people. There were drugs and alcohol and people unconscious. I hand delivered this to 10 or 12 building owners. Only two people came to this public hearing. This law will not hurt any one that is running a legitimate business.
Council Member Thompson: I repeat that we keep making laws and not
enforcing them. I feel that this is
burdensome. I feel that we have enough
laws on the books already.
David Stolman: There are restaurants that attract hundreds
of people at a small fee. We spent a lot
of time on this but I think it needs some fine-tuning.
Mayor:
All summer long, I get calls about the noise across the river in
Naomi Sachs,
Council Member Kyriacou: We need to rethink how we do our
regulations. We either table this or get
rid of it entirely.
Mayor:
We should change the name "Cabaret" to something else. The word "Cabaret" is misleading.
Dennis Moroney, 439 Fishkill
Landing: Who will determine who pays the
fine if this law goes through? Will it
be the bartender, the manager or the owner?
Michael Justice: As it stands now, you can still enforce laws
that exist.
Abououkal Refaat: No law says that I am
not allowed to have music. Music is
allowed.
Dennis Pavelock:
Tom Baldino: In the past I had some dear friends who owned
a popular restaurant in
No further comments.
Motion to adjourn Public Hearing: Council Member Thompson. Seconded: Council Member Gold. All voted in favor. Motion carried.
Community Segment: None
Mayor Clara Lou Gould asked for a motion
to approve minutes: of council meeting dated
Motion to
approve minutes: Council Member
Gold. Seconded: Council Member Thompson. All voted in favor. Motion carried.
Text
of the following reports for
Mayor's
Communications read by Mayor Clara Lou Gould
City
Administrator, Joseph Braun had no report because he was on vacation but wished
everyone a Happy New Year!
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
Council Member Kyriacou had no comments
but praised the work, which, was done by the Comprehensive Plan Committee.
Council Member Shea had no comments but
wished everyone a Happy New Year and thanked everyone for coming this evening!
Public Comments: Pertaining to This Agenda Only
Naomi Sachs I volunteered to be on the open space
committee.
Dennis Pavelock,
City Attorney Pisanelli: This is where a builder offers improvements
after it is offered to the city.
Betty McCaskill: I want to thank the Mayor for coming to our
meeting of Concerned Citizens and I also thank you for allowing us to use this
building for our meetings.
No further comments:
UNFINISHED BUSINESS
Resolutions:
Local Laws and Ordinances:
1. Proposed
Local Law Amending the City of
Motion to table:
Council Member Kyriacou. Seconded: Council Member
Gold. All voted in favor. Motion carried.
NEW BUSINESS
Resolutions:
1. Resolution No. 1
of 2007 - Traffic / Safety Committee
Install Handicapped Parking
Spaces:
One in South Chestnut /
One on South Chestnut at the
Intersection of
Motion
to approve Traffic Safety Committee recommendations: Council Member Thompson. Seconded: Council Member
Shea. On a roll call vote, all
voted in favor. Motion carried.
2. Resolution No. 2
of 2007 - Accept the Irrevocable Offer of Cession
and Dedication of Properties within Thomas Estates Subdivision and the two
deeds
WHEREAS, the City’s Engineers, Lanc
& Tully, have performed a final inspection concerning the Thomas Estates
Project located on
WHEREAS, the Engineers have
determined that all required improvements have been completed in accordance
with the approved plans for the Thomas Estates Project; and
WHEREAS, the City Attorney has
reviewed the legal documents as follows:
Irrevocable Offer of Cession and Dedication of Properties within Thomas
Estates Subdivision; the Quitclaim Deed for the drainage parcel to be conveyed
to the City of Beacon (equals 0.41 ac.) which parcel is to be used as a
Detention Pond and another parcel located at the northerly end of said “Thomas
Estates Subdivision” and being located at the intersection of the southerly
line of lands now or formerly Jerzak with the easterly line of the lands now or
formerly Belekis, as shown on said filed map no. 11517 designated on subdivision
map as “TO BE DEDICATED TO THE CITY OF BEACON 16.986 SF (0.39 ac.)”;
NOW, THEREFORE, be it
RESOLVED, that the City of
Motion to accept Irrevocable Offer: Council Member Thompson. Seconded: Council Member Gold. On a roll call vote, all voted in favor. Motion carried.
3. Resolution No. 3
of 2007 - Grant Writer
RESOLVED, that the City Council authorizes
the Mayor to negotiate with Susan Roeller Brown to provide grant writing
services to the City of Beacon.
Motion to authorize the Mayor to
negotiate: Council Member Thompson. Seconded: Council Member Shea. On a roll call vote, all voted in favor. Motion carried.
Local Laws And Ordinances:
Appointments:
Open Space Committee: Not ready.
Stormwater Committee: Not ready.
Mayor Clara Lou Gould asked if anyone had suggestions to submit
them to her.
Ratifications: None
Announcements:
Last
Barbara McCaskill: I just want to tell you that we have
congestive parking on
Betty DiPompo,
Dennis Pavelock,
Lois Hughes: The paper street near where I live has a drainage problem. I am willing to purchase the property but I cannot maintain a drainage system.
City Administrator, Joseph Braun will look into this request.
Budget Amendments: Requiring Council Action
for
1. Amend
the 2006 General Fund Balance for the Attorney expenses (Code: A1420.450409) in
the amount of $513.00 to cover the fees for services
rendered by Roemer, Wallens and
Mineaux in the case of Sassi, Sr. vs. City of
2. Amend
the 2006 General Fund Balance for the Attorney expenses (Code: A1420.450403) in
the amount of $2,530.00 to cover the fees for services
rendered by Michael D. Kranis in the
case of Richard Sassi, Sr. Section 75 Hearing.
3. Martin
Luther King - for Van - Amend General Fund for $8,000.00.
Motion to approve Budget Amendments No's 1, 2, and 3
above: Council Member Thompson. Seconded: Council Member
Gold. On a roll call vote, all
voted in favor. Motion carried.
Review of Bills: Total disbursements for 2006 as of
Next Workshop:
Next Council Meeting:
Motion to
Enter into an Executive
Session: Litigation
Motion to End Executive Session at
Adjournment: Motion to adjourn at
Text
of reports of
Mayor's
Correspondence:
RE: Eliminating
Tobacco Sales to Minors
Smoke Free Dutchess is contacting all
stores selling tobacco in
Smoke Free Dutchess is a community
coalition dedicated to preventing youth initiation of tobacco use, promoting
cessation of tobacco use and eliminating exposure to secondhand smoke. We have
been part of the
We are writing you today to ask your
assistance in eliminating tobacco sales
to minors, helping smokers quit tobacco, and preventing youth from using
tobacco. You can do this by voluntarily decreasing or eliminating tobacco
industry advertising in and around your store. Let me explain why this is
helpful.
Tobacco industry
advertising or tobacco point of
purchase advertising gives:
• Youth
the impression tobacco is easily accessible
• Three
out of four youth shop in convenience stores once a week
• A
third of youth experimentation with smoking is linked to tobacco industry
advertising
• Youth
are three times more vulnerable to tobacco industry advertising than adults
Tobacco industry advertising affects the adult smoker by:
• Increasing
a smoker's daily consumption of
tobacco
• Reduces
the current smokers resolve to quit or consider quitting
• Encourages
former smokers to resume smoking
Tobacco use is the number one cause of
preventable death in the
Treating tobacco related diseases
causes increase in heath care cost to all
Americans. Tobacco use causes businesses to experience decrease
in productivity.
Please consider assisting Smoke Free
Dutchess improve the health of our community by reducing or eliminating tobacco
advertising in and around your store.
Enclosed is a voluntary resolution for
your review and consideration for adopting.
If you have any questions, please call
Vicki Lucarini at 845-486-3559.
Thank you for your time.
Park Use Permits – Approved by Julann Cobb –
Recreation Director
No Request Received for This Period
Request for Parade/Street Use Permits: Approved by Mayor
No
Request Received for this Period
All above
Requests have been approved by the Mayor and a copy of Parade Permit has been
forwarded to: City Administrator, Chief of Police, Superintendent of Highways
and Fire Chief.
City
Attorney, Gerard Pisanelli
Happy New Year to one and
all! The following are some of the
matters I have worked on since my last report given on
1.
Resolutions/Local Laws
I prepared, assisted with, amended
and/or reviewed the following:
a. Resolution concerning Thomas Estates Project located on
Ø Irrevocable
Offer of Cession and Dedication of Properties within Thomas Estates
Subdivision;
Ø Quitclaim
Deed for the drainage parcel to be conveyed to the City of
Ø A
separate Deed for another parcel at the northerly end of the subdivision;
Ø I
also reviewed the Title Insurance Policy provided.
b. Resolution concerning a lump sum payment to Lanc & Tully
for the design and bidding of the odor control system for the septage receiving
station and the storage tank at the Sewer Treatment Plant.
c. Resolution authorizing the Mayor to sign the Municipal
Cooperation Agreement for a Joint Assessor with the Town of
d. Resolution concerning the Traffic Safety Committee
recommendation for the installation of handicap parking spaces.
e. Proposed Local Law for the administration and enforcement of
the New York State Uniform Fire Prevention and Building Code.
f. Resolution concerning the New York State Work Place
Violence Prevention Act.
g. Resolution adopting the 2007 budget.
h. Notice of Public Hearing concerning local law to amend the
City
of
Beacon Code with respect to the regulation of cabarets.
i. A Resolution authorizing the sending of letters to the
Dutchess County Industrial Development Agency (IDA) Economic Development
Corporation (EDC) and Planning Department in connection with Long Dock Beacon
Financing.
2. Real Property
a. I reviewed the application submitted to
the Zoning Board of Appeals concerning
b. I reviewed the application submitted by
c. I reviewed the application submitted to
the Zoning Board of Appeals concerning
d. I reviewed the application submitted to
the Zoning Board of Appeals regarding
e. I reviewed paperwork concerning the
abandonment of a subdivision at
3. Miscellaneous Legal Matters
a. I
reviewed a FOIL request concerning a Notice of Claim alleging an injury on
b. I
researched the General Municipal Law Section 50 (g) entitled, “Recording of
Notice of Defect” and Section 50 (i)
“Presentation of Tort Claims”, as well as, Charter Section 9.10
“Limitation of Actions” and 191-12.1 “Repair of Sidewalks”.
c. I
attended a meeting at the Mayor’s office on
d. I
provided a copy of the Summons and Complaint filed against the City of
e. I
prepared a letter to the Dutchess County District Attorney’s Office seeking to
open up a dialogue concerning the inequalities with the current composition of
the Joint Drug Task Force.
f. I
reviewed the response from the contractor concerning the disposal of material
from
g. I am
waiting for the decision from the Assistant City Judge concerning the Code
Violation filed against the owner of the Bona Grill.
h. I
prepared a Response to the Motion seeking to declare the Noise Ordinance
unconstitutional.
i. I
reviewed the detailed letter sent by Romer, Wallens and Mineaux sent to the new
adjuster concerning the Richard J. Sassi, Sr., and Richard J. Sassi II cases
pending against the City of
j. I
provided documentation to an attorney who is looking into the possibility of
returning
k. I
sent a letter to Administrator Braun with a copy to Superintendent of Highways,
Thomaselli, concerning the Fairview Cemetery Association litigation suggesting
that we meet to discuss a possible settlement since I am scheduled to attend a
Compliance Conference on
l. I
attended the December Planning Board meeting and the December Zoning Board of
Appeals Meeting.
In addition to the above, I have discussed other
legal matters with the Mayor, the Administrator, the Building Department, the
City Clerk, the Mayor’s Secretary, and the Zoning and Planning Board
Secretary. I have also conferred with
other City employees and consultants regarding various issues.
Mayor Clara Lou Gould's Report of Activities
1. The
big news - really big news - was the visit to our city of Beacon on December 19th
by Secretary of State Christopher Jacobs, to present EPF grants totaling over
$1,643,000 for continuing waterfront improvement: $1 million to Scenic Hudson
for Long Dock park and trails areas, $625,000 ($25,000 more than they expected)
to the Beacon Institute for start up of the piers in Beacon harbor where the
research vessels will dock, and $18,000 plus for work on the City’s
comprehensive plan. We thank Governor Pataki and the Department of State for
their commitment to our regional waterfront improvements and accessibility, and
of course we hope our new Governor will visit us and realize what an excellent
use of funds these projects are, for residents and visitors alike.
2. Attended the meeting of our local HFCQ committee, and while
attendance was low because of the busy holiday season; they continue to collect
ideas and suggestions on what our role should be in 2009. They plan monthly
meetings in addition to informative emails.
3. The
GSDCC Beacon Task Force had a holiday meeting. One of the members has a great
idea for a celebration of community diversity, building on our popular Spirit
of Beacon Day - and you’ll be hearing more about that.
4.
Marriage #26 was witnessed. (This was one more than last year.)
5. I attended the Coalition for a Better Beacon meeting
where they implemented Operation Christmas Child, and we thank them for that
wonderful community effort. Letters written to Santa by some local children
were obtained from the Post Office, and the group was able to get the gifts
requested by the children and deliver them to the families. To make a few
children happy and realize that people care about them is also a gift to the
donor. It reminded me of the story of the starfish, washed ashore in a severe
storm. They were too far up on the beach for the normal tide to bring them back
to the sea and to safety, and they were undoubtedly going to die. A small boy
walking along the beach was picking up one after another and tossing them back,
but wasn’t making much headway. A man walking by said “What possible difference
do you think that’s going to make?” and the boy answered, “It makes a
difference to this one.” Thank you again to Dennis Pavelock and the Concerned
Citizens for making a difference to some of our local children. The group,
incidentally, will be meeting here at city hall in the future, on the 2nd
Wednesday of the month.
And that’s my report. I wish you all a safe and healthy 2007 and look forward to working with you all to keep our city the quality community we enjoy and take pride in.
Council Members Reports for
Council Member Gold
Regarding
the
Regarding
the Emergency Preparedness Committee:
Let
us make public the time, place and agenda of the committee.
Paper
Street in the Lamont Development:
I
would like the city to address the problem raised by the homeowner at the
intersection of Glenford and University. It is a paper road, which the city
owns but does not maintain or plow. The
snow will pile up from a regular street plowing in such a way as to prevent the
homeowner from accessing her driveway.
Firehouses:
Can
we have a summary report on the condition of our firehouses? I want to be
comfortable that we are not letting their condition deteriorate to the point
that it will cost the city money that it could have been prevented.
Submitted by Lucy M. Cullinan -