Minutes
City of
REGULAR MEETING
The regular meeting of the City of
Council Members Present: Lee
Kyriacou, Elizabeth Foster, Charles Kelly, Phil Shea, and Steve Gold
Excused: Eleanor
Thompson
Also in attendance were: City
Administrator, Joseph Braun
City
Attorney, Gerard Pisanelli
Media represented by: Goldee
Greene, Beacon Free Press
German
Hayles, Beacon Dispatch
Residents in attendance at beginning: 10
PUBLIC HEARINGS
1. Proposed Local Law to Amend the
Current Section 2.06C, Prohibitions, of the City of
NOTICE
OF PUBLIC HEARING
PLEASE
TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, March
5, 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 to Amend the Current Section 2.06C,
Prohibitions, of the Beacon City Charter.
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.
Public Hearing Comments: None
Motion to close
Public Hearing: Council Member
Gold. Seconded: Council Member Foster. All voted in favor. Motion carried.
2. Proposed Local Law to Amend the
Current Section 2.12, Inquiries and Investigations, of the City of
NOTICE
OF PUBLIC HEARING
PLEASE
TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, March
5, 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 to Amend the Current Section 2.12,
Inquiries And Investigations, of the Beacon City Charter.
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.
Public Hearing Comments: None
Motion to close Public Hearing: Council Member Kelly. Seconded: Council Member Shea. All voted in favor. Motion carried.
3. Proposed Local Law to Amend Chapter
17, Section 17-3, Conservation Advisory Commission, to Increase the Number of
Members from Seven to Nine. Read by City
Administrator, Joseph Braun.
NOTICE
OF PUBLIC HEARING
PLEASE
TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, March
5, 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 to Amend Chapter 17, Conservation
Advisory Commission, Section 17-3 to Expand Number of Members from Seven to
Nine.
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.
Public Hearing Comments: None
Motion to close Public Hearing:
Council Member Kelly.
Seconded: Council Member
Foster. All voted in favor. Motion carried.
Community Segment: William
O’Keeffe – Waste Water Treatment
Mr. O'Keeffe worked for the
Waste Water Treatment for 35 years. The
plant opened in 1962. The facility is
open 24 hours a day, 7 days a week 365 days a year. Mr. O'Keeffe answered many technical
questions asked by the Council Members.
Thanks to Mr. O'Keeffe for his interesting report.
Mayor Clara Lou Gould asked for a motion to approve the minutes Council Meeting on the
following date:
Motion to approve minutes: Council Member Gold. Seconded:
Council Member Shea. All voted in
favor. Motion carried.
Reports: Text from the
following reports for
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
Mayor Clara Lou Gould's Annual Report for 2006
Norman MacLeod, Attractive, Clean & Safe Committee Minutes
Council Members read their Reports of Activities
First
Motion to suspend the rules on comments "Pertaining to this
Agenda Only" - Because of the small number of residents present, any
public comments will be allowed at this time:
Council Member
Gold. Seconded: Council Member Kyriacou. All voted in favor. Motion carried.
Barbara McCaskill:
I did not like the assessment done on my house so I went and had one
done myself. The traffic is terrible on
my street and is out of control. It is
dangerous for the children. I would like
to say "thank you" to the Mayor for allowing us to hold our meetings
here. I think that the sewer system on
the 2007 Projects for next year is too high.
Can Beacon approach
The following comments were read
by Mayor Clara Lou Gould for Mr. Dennis Pavelock for the
To
Whom It May Concern:
I'm
writing to this council to inform them that I attended a Recreation Meeting on
February 28th , 2007.I was absolutely disgusted by what happened at
that meeting.
1. I requested public information and was
questioned when I asked for it.
2. There is no posting of meetings.
3. No name placards of who they are.
4. No previous minutes were given to the public.
5. Their agenda does not grant time for public
comments.
6. Does not give a reason as to why they are
going into executive session.
7. Ignorance is no excuse for the law.
All
of these items I've listed are a direct violation of the open meetings law.
I've
been attending Recreation Meetings for some time now, and the items I've
mentioned above in my opinion makes the Recreation Commission unprofessional.
Thank
you for your time and for listening.
Signed by Dennis Pavelock, President of Concerned Citizens Coalition of
Beacon.
Kathryn Deuteimann,
No further comments:
UNFINISHED BUSINESS
Resolutions:
Local Laws and
Ordinances:
1.
Resolution No. 45 of 2007 - Local Law No. 3 of 2007 - to Amend the
Current Section 2.06C, Prohibitions, of the City of
BE IT ENACTED by the City Council of the City of
TITLE – Section 2.06C, Prohibitions shall be amended to read as follows:
SECTION 1
– Section 2.06C- Prohibitions
Interference with administration. Except for the
purpose of inquiries and investigations under Section 2.12, neither the Council
nor any of its members shall direct or otherwise manage any city officer or
employee, other than through the City Administrator or Mayor.
SECTION 2
– Effective Date
This local
law shall take effect immediately upon filing in the office of the New York
State Secretary of State in accordance with section 27 of the Municipal Home
Rule Law.
Motion to adopt local law: Council Member Kyriacou. Seconded:
Council Member Kelly.
Council Member Kyriacou: For the record, this is just a clarification
and not a change in this local law.
On a roll call, all voted in favor. Motion carried.
2.
Resolution No. 46 of 2007 - Local Law No.
4 of 2007 - to Amend the Current Section 2.12, Inquiries and Investigations, of the
City of
A LOCAL LAW AMENDING THE CURRENT SECTION 2.12,
INQUIRIES AND INVESTIGATIONS, OF THE CITY OF
BE IT ENACTED
by the City Council of the City of
TITLE –
Section 2.12, Inquiries and Investigations, shall be amended to read as
follows:
SECTION 1 –
Section 2.12- Inquiries and Investigations
The Council shall have access to all information
concerning any aspect of the affairs of the city, and may request such
information in writing. The Council shall also have the power to make formal
investigations into any aspect of the affairs of the city, and for such purpose
may subpoena witnesses, administer oaths, take testimony and require the
production of evidence. Any person who fails to obey any subpoena or lawful
directive of the Council pursuant to this section shall be punished as provided
by law for contempt.
SECTION 2 –
Effective Date
This local law shall take effect immediately upon
filing in the office of the New York State Secretary of State in accordance
with section 27 of the Municipal Home Rule Law.
Motion to adopt
local law with a minor change in the resolution deleting "at a council meeting
or": as requested by
Mayor Clara Lou Gould: Council Member
Kyriacou. Seconded: Council Member Kelly.
All voted in
favor. Motion carried.
3.
Resolution No. 47 of 2007 –Local Law No.
5 of 2007 - to Amend Chapter 17, Section 17-3, Entitled Conservation Advisory
Commission §17-3, to Increase the Number of Members from
Seven to Nine. Second
BE IT ENACTED
by the City Council of the City of
SECTION 1. TITLE
This
local law shall be entitled, AA Local Law Amending Chapter 17 entitled, ‘CONSERVATION
ADVISORY COMMISSION’ §17-3 of the Beacon City Code to expand the number of
members from 7 to 9.”
SECTION 2. AMENDMENT
§17-3
shall be amended to read as follows:
§17-3.
Membership.
The
Commission shall consist of nine members who shall be appointed by the Mayor,
with the advice and consent of the City Council. All appointees shall serve two-year
terms. Successors of all nine initial
appointees shall serve two –year terms. Persons residing within the City of
SECTION 3. EFFECTIVE
DATE
This
local law shall take effect immediately upon its filing with the Secretary of
State.
Motion to adopt local law: Council Member Foster. Seconded:
Council Member Kelly. All voted
in favor. Motion carried.
NEW BUSINESS
Resolutions:
1. Resolution No. 48 of 2007 -
Bond Ordinance
Authorizing the Issuance Of Up To $650,000
Aggregate Principal Amount Serial Bonds of the City Of Beacon, Dutchess County,
New York, To the Local Finance Law, To
Finance the Costs of the Construction and Reconstruction of Improvements to
City Sidewalks and Curbs. For
Adoption by affirmative vote of at Least two-thirds of the entire voting
strength of the Council of the City.
BOND ORDINANCE,
DATED
WHEREAS, the City Council of the City of Beacon (the “City”), a
municipal corporation of the State of New York, located in the County of
Dutchess, hereby determines that it is in the public interest of the City to
authorize the financing of the costs of the construction and reconstruction of
improvements to City sidewalks and curbs, including the acquisition of any
applicable equipment, machinery, apparatus, land and rights-in-land necessary
therefor and any preliminary and incidental costs related thereto, at a total
estimated cost not to exceed $650,000, all in accordance with the Local Finance
Law;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of
Section 1. There is hereby authorized to be issued
serial bonds of the City, and/or bond anticipation notes issued in anticipation
of the issuance of such serial bonds, in the aggregate principal amount not to
exceed $650,000, in order to finance the costs of the construction and
reconstruction of improvements to City sidewalks and curbs, including the
acquisition of any applicable equipment, machinery, apparatus, land and
rights-in-land necessary therefor and any preliminary and incidental costs
related thereto (the “Project”), pursuant to the Local Finance Law.
Section 2. The City Council of the City has ascertained
and hereby states that (a) the estimated maximum cost of the Project will not
exceed $650,000; (b) no money has heretofore been authorized to be applied to
the payment of the costs of the Project; (c) the City Council of the City plans
to finance the costs of the Project from the proceeds of the serial bonds as
authorized herein, and/or of bond anticipation notes issued in anticipation of
the issuance of such serial bonds, except to the extent of Federal or State aid received by the City,
which shall reduce the principal amount of such serial bonds or bond
anticipation notes pro tanto; (d) the maximum maturity of the serial bonds
authorized herein shall be in excess of five (5) years; and (e) on or before
the expenditure of moneys to pay for any costs made in connection with the
Project for which proceeds of such obligations are to be applied to reimburse
the City, the City Council of the City took “official action” for federal
income tax purposes to authorize the capital financing of such expenditure.
Section 3. It is hereby
determined that the Project is of a class of object or purpose as described in
subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law and
that the period of probable usefulness of the Project is ten (10) years. The serial bonds authorized herein shall have
a maximum maturity of the ten (10) years computed from the earlier of (a) the
date of the first issue of such serial bonds, or (b) the date of the first
issue of bond anticipation notes issued in anticipation of the issuance of such
serial bonds.
Note: The following is identical in Resolution's 48
through 51. Therefore, it will not be
repeated in these minutes.
Section 4. Subject
to the terms and conditions of this bond ordinance and the Local Finance Law,
including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00,
inclusive, the power to authorize serial bonds as authorized herein, and bond
anticipation notes issued in anticipation of the issuance of such serial bonds,
including renewals thereof, the power to prescribe the terms, form and contents
of such serial bonds and such bond anticipation notes, and the power to sell,
issue and deliver such serial bonds and such bond anticipation notes, are
hereby delegated to the City Administrator, as the chief fiscal officer of the
City. The City Administrator is hereby
authorized to execute, on behalf of the City, all serial bonds issued pursuant
to this bond ordinance, and all bond anticipation notes issued in anticipation
of the issuance of such serial bonds, and the City Clerk is hereby authorized
to impress the seal of the City (or to have imprinted a facsimile thereof) to
or on all such serial bonds and all such bond anticipation notes and to attest
such seal. Each interest coupon, if any,
representing interest payable on such serial bonds shall be authenticated by
the manual or facsimile signature of the City Administrator.
Section 5. The
faith and credit of the City is hereby and shall be irrevocably pledged for the
punctual payment of the principal of and interest on all obligations authorized
and issued pursuant to this bond ordinance as the same shall become due.
Section 6. When
this bond ordinance takes effect, the City Clerk shall cause the same, or a
summary thereof, to be published together with a notice in substantially the
form prescribed by Section 81.00 of the Local Finance Law in the Poughkeepsie
Journal newspaper having a general circulation in the City. The validity of the serial bonds authorized
herein, and of bond anticipation notes issued in anticipation of the issuance
of such serial bonds, may be contested only if such obligations are authorized
for an object or purpose, or class of object or purpose, for which the City is
not authorized to expend money, or the provisions of law, which should have
been complied with as of the date of publication of this bond ordinance, were
not substantially complied with, and an action, suit or proceeding contesting
such validity is commenced within twenty (20) days after the date of such
publication, or if such obligations were authorized in violation of the
provisions of the Constitution of the State of New York.
Section 7. Prior to
the issuance of any obligations authorized herein, the City Council of the City
shall comply with all applicable provisions prescribed in Article 8 of the
Environmental Conservation Law, all regulations promulgated thereunder by the
New York State Department of Environmental Conservation, and all applicable
Federal laws and regulations in connection with environmental quality review
relating to the Project (collectively, the “environmental compliance
proceedings”). In the event that any of
the environmental compliance proceedings are not completed, or require
amendment or modification subsequent to the date of adoption of this bond
ordinance, the City Council of the City will re-adopt, amend or modify this
bond ordinance prior to the issuance of any obligations authorized herein upon
the advice of bond counsel. It is hereby
determined by the City Council of the City that the Project will not have a
significant effect on the environment.
Section 8. The City
hereby declares its intention to issue the serial bonds authorized herein,
and/or bond anticipation notes issued in anticipation of the issuance of such
serial bonds (collectively, the “obligations”), to finance the costs of the
Project. The City covenants for the
benefit of the holders of such obligations that it will not make any use of the
proceeds of such obligations, any funds reasonably expected to be used to pay
the principal of or interest on such obligations or any other funds of the
City, and will not make any use of the Project, which would cause the interest
on such obligations to become subject to Federal income taxation under the
Internal Revenue Code of 1986, as amended (the “Code”) (except for the federal
alternative minimum tax imposed on corporations by section 55 of the Code), or
subject the City to any penalties under section 148 of the Code, and that it
will not take any action or omit to take any action with respect to such
obligations, the proceeds thereof or the Project financed thereby, if such
action or omission would cause the interest on such obligations to become
subject to Federal income taxation under the Code (except for the federal
alternative minimum tax imposed on corporations by section 55 of the Code), or
subject the City to any penalties under section 148 of the Code. The foregoing covenants shall remain in full
force and effect notwithstanding the defeasance of any serial bonds authorized
and issued under this bond ordinance or any other provisions hereof until the
date which is sixty (60) days after the final maturity date or earlier prior
redemption date thereof. The proceeds of
any obligations authorized herein may be applied to reimburse the expenditures
or commitments of the City made in connection with the Project on or after a
date which is not more than sixty (60) days prior to the date of adoption of
this bond ordinance.
Section 9. For the benefit of the holders and beneficial owners from time to time
of the serial bonds authorized herein, and of the bond anticipation notes
issued in anticipation of the issuance of such serial bonds, the City agrees,
in accordance with and as an obligated person with respect to such obligations
under, Rule 15c2-12, as amended (the “Rule”), promulgated by the Securities
Exchange Commission pursuant to the Securities Exchange Act of 1934, to provide
or cause to be provided such financial information and operating data,
financial statements and notices, in such manner as may be required for
purposes of the Rule. In order to
describe and specify certain terms of the City’s continuing disclosure
agreement for that purpose, and thereby to implement that agreement, including
provisions for enforcement, amendment and termination, the City Administrator
is authorized and directed to sign and deliver, in the name and on behalf of
the City, the commitment authorized by subsection 6(c) of the Rule (the
“Commitment”) to be placed on file with the City Clerk, which shall constitute
the continuing disclosure agreement made by the City for the benefit of holders
and beneficial owners of the obligations authorized herein in accordance with
the Rule, with any changes or amendments that are not inconsistent with this bond
ordinance and not substantially adverse to the City and that are approved by
the City Administrator on behalf of the City, all of which shall be
conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this
paragraph and the Commitment shall be the City’s continuing disclosure
agreement for purposes of the Rule, and its performance shall be subject to the
availability of funds and their annual appropriation to meet costs the City
would be required to incur to perform thereunder. The City Administrator is further authorized
and directed to establish procedures in order to ensure compliance by the City
with its continuing disclosure agreement, including the timely provision of
information and notices. Prior to making
any filing in accordance with the agreement or providing notice of the
occurrence of any material event, the City Administrator shall consult with, as
appropriate, the City Attorney and bond counsel or other qualified independent
special counsel to the City and shall be entitled to rely upon any legal advice
provided by the City Attorney or such bond counsel or other qualified
independent special counsel in determining whether a filing should be made.
Section 10. This bond ordinance is subject to a
permissive referendum and will take effect upon its adoption by the City
Council of the City and the expiration of the period prescribed in Article 8 of
the City Charter during which petitions for a permissive referendum may be
submitted and filed with the City Clerk.
Motion to read heading only on the following 4 Bond Resolutions: Council Member Kelly. Seconded:
Council Member Gold. All voted in
favor. Motion carried.
Motion
to Approve Bond Ordinance Authorizing the Issuance Of Up to $ 650,000 to
Finance Improvements to City Sidewalks & Curbs: Council Member Kelly. Seconded:
Council Member Gold. On a roll
call, all voted in favor. Motion
carried.
2. Resolution No. 49 of 2007 -
Bond Ordinance
Authorizing the Issuance Of Up To $685,000
Aggregate Principal Amount Serial Bonds of the City Of Beacon, Dutchess County,
New York, To the Local Finance Law, To
Finance the Costs of the Acquisition, Construction and Reconstruction of
Improvements to the Water System in and for the City. For Adoption by affirmative vote of at Least
two-thirds of the entire voting strength of the Council of the City.
BOND ORDINANCE, DATED
WHEREAS, the City Council of the City of
Beacon (the “City”), a municipal corporation of the State of New York, located
in the County of Dutchess, hereby determines that it is in the public interest
of the City to authorize the financing of the costs of the acquisition,
construction and reconstruction of improvements to the water system in and for
the City, including the acquisition of any applicable equipment, machinery,
apparatus, land and rights-in-land necessary therefor and any preliminary and
incidental costs related thereto, at a total estimated cost not to exceed
$685,000, all in accordance with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of
Section
1. There is hereby authorized to be is
Section
2. The City Council of the City has
ascertained and hereby states that (a) the estimated maximum cost of the
Project will not exceed $685,000; (b) no money has heretofore been authorized
to be applied to the payment of the costs of the Project; (c) the City Council
of the City plans to finance the costs of the Project from the proceeds of the
serial bonds as authorized herein, and/or of bond anticipation notes issued in
anticipation of the issuance of such serial bonds, except to the extent of Federal or State
aid received by the City, which shall reduce the principal amount of such
serial bonds or bond anticipation notes pro tanto; (d) the maximum maturity of the
serial bonds authorized herein shall be in excess of five (5) years; and (e) on
or before the expenditure of moneys to pay for any costs made in connection
with the Project for which proceeds of such obligations are to be applied to
reimburse the City, the City Council of the City took “official action” for federal
income tax purposes to authorize the capital financing of such expenditure.
Section 3. It
is hereby determined that the Project is of a class of object or purpose as
described in subdivision 1 of paragraph a of Section 11.00 of the Local Finance
Law and that the period of probable usefulness of the Project is forty (40)
years. The serial bonds authorized
herein shall have a maximum maturity of the forty (40) years computed from the
earlier of (a) the date of the first issue of such serial bonds, or (b) the
date of the first issue of bond anticipation notes issued in anticipation of
the issuance of such serial bonds.
Note: Please refer to Resolution
No. 49 above for a description of this Bond Ordinance.
Motion
to approve Bond Ordinance - Authorizing the Issuance: Council Member Gold. Seconded:
Council Member Foster. On a roll
call vote, all voted in favor. Motion
carried.
3. Resolution No. 50 of 2007 -
Bond Ordinance
Authorizing the Issuance Of Up To $4,771,000
Aggregate Principal Amount Serial Bonds of the City Of Beacon, Dutchess County,
New York, To the Local Finance Law, To
Finance the Costs of the Construction and Reconstruction of Improvements to
City Streets. For Adoption by
affirmative vote of at Least two-thirds of the entire voting strength of the
Council of the City.
BOND ORDINANCE, DATED
WHEREAS, the City Council of the City of
Beacon (the “City”), a municipal corporation of the State of New York, located
in the County of Dutchess, hereby determines that it is in the public interest
of the City to authorize the financing of the costs of the construction and
reconstruction of improvements to City streets, including the acquisition of
any applicable equipment, machinery, apparatus, land and rights-in-land
necessary therefore and any preliminary and incidental costs related thereto,
at a total estimated cost not to exceed $4,771,000, all in accordance with the
Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of
Section
1. There is hereby authorized to be is