Minutes
City of
REGULAR MEETING
The regular meeting of the City of
Council
Members in attendance were: Lee
Kyriacou (Arrived at
Excused: Phil
Shea
Also in
attendance were: City
Administrator, Joseph Braun
City
Attorney, Gerard Pisanelli
Media was
represented by: Goldee
Greene, Beacon Free Press
German
Hayles, Dispatch
Residents at
beginning of meeting: 15
Public Hearings: None
Community Segment: Garden
Club – Norman MacLeod - My wife and I are very interested in this project. The main goal of the Garden Club is to
make the city look better. We did
work on
Reports:
Text from April 16, 2007 Reports 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 Report of
Activities – 1st Meeting Te Month
Mayor Clara Lou Gould
read her Report of Activities
Council Members read their Reports of Activities
First
Dennis Pavelock,
No further comments:
UNFINISHED BUSINESS
Resolutions: - None
Local Laws and Ordinances: - None
NEW BUSINESS
Resolutions:
1. Bond Ordinance Authorizing
the Issuance of Up To $240,000
Aggregate Principal Amount Serial Bonds of the City Of
Motion to table bond ordinance
because discussions are still ongoing:
Council Member Gold.
Seconded: Council Member
Thompson: All voted in favor. Motion carried.
2. Resolution No. 76 of 2007 - Authorize
the extension of the Letter of Agreement between Aryeh Siegel, as consultant
(Waterfront Coordinator) with the City of
WHEREAS, the City Council of the City of
RESOLVED, that the Extension of the Letter of Agreement
between Aryeh Siegel, Consultant (Waterfront Coordinator) and the City of
Beacon shall be extended for one (1) year.
The term of the agreement shall commence on
RESOLVED, that the Mayor is
authorized to execute the Extension of the Letter of Agreement with Aryeh
Siegel, Consultant (Waterfront Coordinator) on behalf of the City.
The
following letter addressed to Aryeh Siegel, 514 Main Street, Beacon, N.Y. 12508
was written by City Attorney, Gerard Pisanelli with cc's to: Mayor Clara Lou Gould and City
Administrator, Joseph Braun
In Re: Letter Agreement Extension - Aryeh Siegel Consultant with City of
Gentlemen:
Please accept
the following as an Extension of the Letter of Agreement between ARYEH SIEGEL, (A CONSULTANT) and the City of
I. SCOPE
OF WORK
The scope of work shall
include professional services for Waterfront Coordinator of the City of
II. PAYMENTS
In consideration of the
tasks to be performed by CONSULTANT, the CITY agrees to pay CONSULTANT a
maximum of Twenty Five Thousand Seven Hundred Fifty and 00/100 ($25,750.00)
Dollars for one year or Two Thousand One Hundred Forty-Five and 83/100
($2,145.83) Dollars per calendar month, as full and complete compensation for
all services performed pursuant to this Agreement.
No monies shall be paid
by the CITY except pursuant to timely filed claim forms containing
documentation of the costs claimed based on project completion and approved by
the City Administrator. It is understood by the parties that the CONSULTANT'S
compensation will be covered by funding from grants under Title 11 of the
Environmental Protection Fund, and/or the Environmental Protection Fund, Local
Waterfront Revitalization Program.
Re: Consultant
Agreement with City-Professional Services
III. TERM
The term of this
Agreement shall commence on March 1, 2007 and be completed by March 1, 2008,
with an option for the City’s Administrator to extend in writing for up
to an additional year if the State funding for the project is extended for up
to an additional year, and the CONSULTANT agrees thereto.
IV. TERMINATION
The CITY reserves the
absolute right to terminate the services of the CONSULTANT at any time by
service of a written notice sent by certified mail; however, the CITY will be
responsible for payment of any work completed prior to termination and
satisfactory to the CITY’S Administrator.
V. AMENDMENTS
This Agreement may only
be amended or modified by a duly executed written Agreement.
VI. INDEMNIFICATION
The CONSULTANT shall be responsible for all its
subcontractors, agents or employees in connection with her services under this
Agreement. The CONSULTANT specifically agrees that her subcontractor, agents or
employees shall possess the experience, knowledge and character necessary to
qualify them individually for the particular duties they perform. Further, it
is expressly understood that the CONSULTANT, shall indemnify and save harmless
the CITY from claims, suits, actions, damages and costs of every name and
description resulting from the negligent performance of the services of the
CONSULTANT under this Agreement, and such indemnity shall not be limited by
reason of enumeration of any insurance coverage herein provided. Negligent
performance of service within the meaning of this provision shall include, in
addition to negligence founded upon tort, negligence based upon the CONSULTANT’S
failure to meet professional standards and resulting in obvious or patent
errors in the progression of its work. Nothing in this provision or in this
Agreement shall create or give third parties any claim or right of action
against the CONSULTANT or CITY beyond such as may legally exist irrespective of
this provision of this Agreement.
Re: Consultant
Agreement with City-Professional Services
VII. LAWS
(a) CONSULTANT
shall conform to any Federal, State, Town, Municipal or local laws or
regulations, and shall procure at its own expense any license or permit, and
shall pay any and all license fees or charged whether of the City of Beacon or
otherwise.
(b) This Agreement
shall be interpreted in accordance with the laws of the State of
VIII. MERGER
It
is understood that the Agreement represents the entire Agreement of the parties
hereto, and all previous understandings are merged herein, and no modifications
thereof shall be valid unless written evidence thereto shall be executed by the
parties hereto after the date of this Agreement.
Please
signify your approval to the terms of this Agreement by signing in the space
provided below returning two copies to this office.
ATTACHMENT A
Letter Agreement-Professional Services
Scope
of Services
Scope of Services
The
Waterfront Coordinator must be able to perform a range of tasks that may
include but are not limited to: grant writing, administration, and management;
procurement and management of various consultant teams; review and comment on
grant work products; facilitation of meetings and consultations with officials
from the City, New York Department of State, Capital District Transportation
Authority, and other government agencies; completion of periodic progress
reports; and participation as requested by the City in various local and
regional waterfront planning initiatives.
The Waterfront Coordinator will
- Work closely with
the City of
- Provide general
administrative services related to the need to implement specific waterfront
projects and complete related reports and studies in a timely fashion.
- Be responsible for
insuring that assigned projects are completed in an appropriate, effective, and
timely manner, maintaining appropriate documentation, and managing all
appropriate elements.
- Be responsible for
the day-to-day administration and management of contracts for assigned
waterfront projects including all matters related to grant administration and
interaction with City officials.
- Be knowledgeable of
and apply for various county, state and federal grant and loan programs and
opportunities to finance waterfront projects.
- When the hiring of
sub-consultants is necessary, prepare clear and thorough requests for
qualifications/proposals, which describe the overall project purpose, specific
objectives, expected products, and requirements for submitting proposals.
- Create, conduct,
and administer a review process of all proposals received as a result of the
City’s issuance of a request for qualifications/proposals.
- Fully coordinate
with the City of
- Coordinate with the
City of
- Assist the City in
administering all related sub-contracts by ensuring that all terms of the
contract are satisfactorily met; reviewing and commenting on all draft,
interim, and final products; and ensuring that all products are of sufficient
quality and submitted on time and within budget.
- Facilitate
communication and the flow of information and reports amount City officials,
involved government agencies, the public, and project contractors.
- Attend meetings as
requested by the City of
City Administrator, Joseph Braun: He is responsible for coordinating
grants. He also takes care of some of
our grants. It is something that
has been around for the last couple of years and this is the last year.
Motion to authorize the extension of the letter of
agreement: Council Member
Thompson. Seconded: Council Member Gold. On roll call, all voted in favor. Motion carried.
3. Resolution No. 77 of 2007 - Authorizing an
Easement for
Whereas, the city has authorized
its Engineer and Attorney to prepare for 41 Glenford Avenue owned by Lois
Hughes a thirty (30) foot wide access easement, now therefore, be it;
Resolved, the City formally
offers the thirty (30) foot wide access easement to Lois Hughes, the owner of
Motion authorizing an easement for
4. Resolution
No. 78 of 2007 - Authorizing the
Issuance of Corrected Real Property Tax Bills for
Whereas, the 2006 taxable assessed
value of the real property located at 135
North Walnut Street, owned by Peter Spiak and Diane Spiak, grid number: 595584992097 included re-levied, water
charges in the amount of Three
Thousand, Eight Hundred, Thirty Nine Dollars and Fifty Two cents ($3,839.52), and ;
Whereas, the re-levied unpaid water in the amount of Three Thousand, Eight Hundred, Thirty Nine Dollars and Fifty Two
cents ($3,839.52) is being withdrawn, and;
Whereas, the amount levied for taxes
was Four Thousand, Nine Hundred Eighty Nine and Fifty two cents which should have been
($4,989.99) which should have been One Thousand One Hundred Fifty and Forty Seven cents ($1,150.47) and;
Whereas, Peter Spiak and Diane Spiak
request that the amount of Three Thousand, Eight Hundred, Thirty Nine Dollars and Fifty Two
cents ($3,839.52) be withdrawn in
order to allow them to pay the unpaid water charges
plus interest over the next eight (8) consecutive water billing quarterly
payments; now therefore be it;
Resolved, that the amount of Four
Thousand, Nine Hundred Eighty Nine and Fifty two cents which should have been ($4,989.99)
billed to Peter Spiak
and Diane Spiak be withdrawn and a corrected tax bill in the amount of One Thousand One
Hundred Fifty and Forty Seven cents ($1,150.47)
be issued to Peter Spiak and Diane Spiak, the owners of real property located at 135 North Walnut Street, and be
it further;
Resolved, that the unpaid water plus
interest be paid by Peter Spiak and Diane Spiak, over the next eight (8) consecutive water
billing quarterly payments
as set forth in Section 219.31.1 and if any payment is not made timely and/or if any
amount is still due and owing at the end of the eight (8) consecutive water billing quarters, such
outstanding amount shall
again be added to the real property taxes as a lien as provided by law.
Motion to authorize the
issuance of corrected Real Property Tax Bill for 135 N. Walnut: Council Member Gold: Seconded: Council Member Kelly. On roll call, all voted in favor. Motion carried.
Add
the following to Agenda:
Authorizing
the Issuance of Corrected 2007 Real Property Tax Bills for
Motion to add to Agenda: Council Member Thompson. Seconded: Council Member Kelly. All voted in favor. Motion carried.
Resolution
No. 79 of 2007 – Authorize the issuance of corrected
real property tax bill for
WHEREAS, the
2006 taxable assessed value of the real property located at 309 Hudson
Avenue, Grid No. 5954-42-652692, owned by Robert & Jacqueline M. Truet
should have been reduced due to their having satisfied the amount re-levied
for unpaid water in this office on November 27th of 2006, and
WHEREAS, the
re-levied unpaid water in the amount of $18.52 should be withdrawn,
and
WHEREAS, the
amount levied for taxes was $1971.93 which should have been $1953.41,
and
WHEREAS, the
Dutchess County Real Property Tax Service and the Office of the
Assessor recommends that the application for a corrected 2006/2007 County/City
tax bill be approved,
NOW THEREFORE, BE IT RESOLVED,
that the amount of $1971.93 improperly billed to Robert and Jacqueline M. Truet
be withdrawn and a corrected tax bill in the amount of $1953.41 be issued to
Robert and Jacqueline M. Truet, the owners of real property located at
RESOLVED,
that a refund in the amount of $ 18.52 be issued to Robert and Jacqueline
M. Truet, owners of the real property at
Motion for issuance of corrected
tax bill for
6.
Resolution No. 80 of 2007 - Authorizing the issuance of
corrected 2007 Real Property Tax Bill for
WHEREAS, the
2006 taxable assessed value of the real property located at 425 South Avenue,
Grid No. 5954-15-743419, owned by Douglas Berlin should have been reduced due
to their having satisfied the amount re-levied for unpaid water in
this office on December 11th of 2006, and
WHEREAS, the
re-levied unpaid water in the amount of $ 120.26 should be withdrawn, and
WHEREAS, the
amount levied for taxes was $8468.15 which should have been $8347.89, and
WHEREAS, the
Dutchess County Real Property Tax Service and the Office of the
Assessor recommends that the application for a corrected 2006/2007 County/City
tax bill be approved,
NOW THEREFORE, BE IT RESOLVED,
that the amount of $8468.15 improperly billed to Douglas Berlin be
withdrawn and a corrected tax bill in the amount of $8347.89 be issued to
Douglas Berlin, the owner of real property located at
RESOLVED, that
a refund in the amount of $ 120.26 be issued to Douglas Berlin, owner
of the real property at
Motion for issuance of corrected tax bill for
7. Resolution No. 81 of 2007 - Authorizing
the issuance of corrected 2007 Real Property Tax Bill for
WHEREAS, the
2006 taxable assessed value of the real property located at 242 Rombout
Avenue, Grid No. 5954-44-952744, owned by Barbara D. McCaskill should
have been reduced due to their having satisfied the amount re-levied for unpaid
water in this office on January 4th of 2007, and
WHEREAS, the
re-levied unpaid water in the amount of $1029.79 should be withdrawn,
and
WHEREAS, the
amount levied for taxes was $2791.20 which should have been $1761.41, and
WHEREAS, the
Dutchess County Real Property Tax Service and the Office of the
Assessor recommends that the application for a corrected 2006/2007 County/City
tax bill be approved,
NOW
THEREFORE, BE IT RESOLVED, that the amount of $2791.20
improperly billed to Barbara D. McCaskill be withdrawn and a corrected tax bill
in the amount of $1761.41 be issued to Barbara D. McCaskill, the
owners of real property located at
RESOLVED,
that a refund in the amount of $1029.79 be issued to Barbara D. McCaskill,
owners of the real property at
Motion for issuance of corrected tax bill for
8. Resolution No. 82 of 2007 - Recreation Department - Approving the Discounted
Park/Pool Fees as set forth in the Memorandum from Julann Cobb dated
RESOLVED, the Beacon City Council hereby approves the
The following is a memo addressed to City Administrator,
Joseph Braun was written by Julann Cobb dated
A request for a park permit
that covers several consecutive days has been made where the question of allowing multi-use discounts was
raised. We do not currently have a policy in place regarding multi-use discounts. In comparison, the
I'm requesting the City
Council's consideration of allowing a 50% discount for 5 or more consecutive uses with the exclusion of Saturday or
Sunday, prepaid and with no refunds unless we are able to re-book the site.
Additionally, multi-use
discounts will come up concerning the University Settlement Pool. Again, the school district applies the same
multi-use discount (above) to their pool facility. It is important to note that the pool's average
operating cost per usable hour is $99.80 ($63.73 for staff {a variable cost} and
$36.07 for facility {a fixed cost}). In terms of group use, at the for-profit
rate of $150/hour, offering a multi-use discount does not increase our expense
but will decrease our potential
revenue. It's possible for us to offer a discount, but not advisable to the extent
where the user is paying less than the actual operating cost, which would be
the case if we offer a 50% discount as the school does. The school can offer the 50% discount because they have more
operating hours and can spread out the effect of the discount over a longer
period of time, which is something that we can't do with an outdoor facility.
While a 33% discount of the for-profit user is the maximum we can offer
before the expense of the use exceeds the revenue, I do recommend that we extend some type of discount for multi-use both as
an incentive to book the pool and with
an eye to generating goodwill with next year's potential customers. I'm requesting that the City Council review the matter
of offering multi-use discounts to for-profit pool users and determine an
appropriate amount, if any.
In terms of discounts to non-profits, the proposed
fee of $75/hour covers the cost of staffing with a nominal amount left to apply towards the facility expense. The
non-profit rate is currently below the average hourly operating cost of $99.80.
Extending further discounts means that we are in essence subsidizing the cost
of a private, though non-profit, entity using the pool. The determination to do
so is a matter for City Council to decide, and I am requesting that the Council
states their position on the matter of extending further discounts to
non-profit entities and clearly defines the terms of such discounts if any.
That includes any agreement to change from
the proposed budget how we generate revenue from the pool.
For example, in the past some
non-profit entities had access to the pool at the rate of $1 per child. Beacon Recreation Summer Playground Program,
BCC and MLK had private group swim sessions
at that rate, and this past year Alpha & Omega was offered the same rate if
they shared their time with MLK. At those rates, the expense to the city for
those private group swims exceeded the amount of money collected since the
groups were generally less than 75 children per session (with the exception of
Beacon Rec). To meet the non-profit rate of $75/hr, the per child cost
to use the pool is increased:
|
Entity |
Projected # Children/Session |
Cost Per Child |
|
MLK |
45 |
3.33 |
|
BCC |
60 |
2.50 |
|
Alpha&Omega |
50 |
3.00 |
|
Beacon Rec.* |
130 |
1.15 |
Note:
Pool Capacity is 225
*Cost per child for Beacon Rec Summer Program is
not seriously affected due to the number of participants and can afford private
group sessions.
In drafting a schedule of
group pool use, I determined that there are 15 group sessions available Monday
through Friday. When I spoke with each of these groups, the requests totaled 10
of the available 15 group sessions,
leaving only 5 sessions available for potential revenue, not adjusting for loss
of time due to inclement weather.
While I can offer each group a private group
session at the non-profit rate if they choose to do so, the best way for these entities to reduce their per-child expense is to
use the pool together. This will also increase the number of sessions available
for generating revenue, and help us meet our expenses for operating the
pool.
I propose that I offer one
session per day - or contingent upon enough participation to meet the expenses - that is available for non-profit
entities to use the pool at the rate of $2 per child. If an agency chooses to
have private group time beyond that, they may do so at the hourly non-profit rate.
I am also asking the City
Council to make a recommendation of the number of non-profit sessions I should
make available for reservations at this time. The only revenue over cost that we are projected to receive would be via the fees
collected by profit entities for group use, and it is this revenue that will help defray the overall operating expenses. I
am concerned that overbooking by
non-profits will result in loosing potential revenue. It may be in the City's
best interest to reserve a certain number of the available sessions for
profit entities until a later date in an
attempt to draw the higher rate. (For example, reserve 5 sessions/wk for profit
entities until June 1, then opens those spaces to non-profit entities).
Motion to add to the
Agenda: Council Member Kelly. Seconded: Council Member Gold. All voted in favor. Motion carried.
Motion to approve
resolution regarding pool fees:
Council Member Kelly.
Seconded: Council Member
Gold. On roll call, all voted in
favor. Motion carried.