Minutes
City of
REGULAR MEETING
The
regular meeting of the City of
Council Members Present: Elizabeth
Foster, Charles Kelly, Phil Shea, Steve Gold and Eleanor Thompson.
Absent: Lee
Kyriacou
Also in
attendance were: City
Administrative, Joseph Braun
City
Attorney, Gerard Pisanelli
Media
Represented by: Goldee
Greene, Beacon Free Press
Residents in
Attendance at start of meeting: 10
Public
Hearings:
1.
§179-3(F) Of Chapter 179
“Sewers” Is Renumbered As §179-3f(1) And A New Subsection 179-3f(2) Is
Added. Tabled at the June 4, 2007
Meeting. 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, June 4th 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 Re-number Section 179-3(F) of Chapter 179, “Sewers” to
Section 179-3F(1) and Add New Subsection Entitled Section 179-3F(2).
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.
Brief
Explanation by City Administrator, Joseph Braun: If there is a sewer or water line that
is owned by the property owner and it is determined that it is under a city street
and if is something that the city did that caused the break the city would pay
the average cost of lineal foot.
Public
Hearing Comments:
Randy Casale:
What about roots? Whose responsibility is it? I have never seen it break because of
traffic. The law has to be made
very clear.
City Attorney
Pisanelli: I never was in favor of
this resolution. I made a comment
that it should not be retroactive and that has been corrected. Also, Joe Braun indicated that I should
include language regarding if the damage is covered by the homeowner's
insurance, they will pay for repairs.
If it is determined that it is from heavy traffic the city is
responsible. The tree roots will
not be the city’s responsibility.
The law specifically says just that
Gebman: I concur with Mr. Pisanelli. I would like to say, “me
first”. I have property and
am 400 feet from a sewer line. If
you are going to repair sewer lines for some people then you have to be
prepared to provide sewer lines for people do not have them.
Dennis Pavelock: Council Member Gold read the following
comments for
To
Whom It May Concern: I'd like to
say first that I agree with the Public Hearing #1. The residents should have this benefit
that any part of their line whether it be sewer or water, the resident should
pay for their part and the city should pay for their part. And I would like to thank Council Member
Eleanor Thompson for her insight and professionalism and to keep this issue on
the table.
Tom
Baldino: If the roots go under the
street to the sewer lines, I think the city should be responsible. If the roots travel into the city
street, I think this is worth thinking about.
Council Member
Kelly: I thought it was clear that
if the tree was on the property, it is the homeowner's responsibility.
City Attorney
Pisanelli: Anything that has to do
with tree roots is the responsibility of the property owner.
Motion to close
public hearing: Council Member
Kelly. Seconded: Council Member Shea. All voted in favor. Motion carried.
Community
Segment: Guest Speaker: Chief Tim Joseph – Fire
Department
The
City of
The City of
The main goal of the fire
department is to save lives and property of the citizens of the City of
on
Text from the
following reports for
Communications,
read by Mayor Clara Lou Gould
City
Administrator, Joseph Braun read his Report of Activities
City Attorney
Report of Activities – 1st Meeting of the Month
Mayor Clara Lou
Gould read her Report of Activities,
Council Members
read their Reports of Activities.
First
Randy Casale: Was the price
for the pool cleaning given out to other people to bid on? Why are they spending $5,000.00 of the
taxpayer's money to cut down dead trees?
Spending for the City of
Dennis Pavelock,
My
next concern is regarding the "Dummy Light". The word "approximately"
should be removed. The word
"approximately" tells me that in the future it can have a possibility
of being moved. And lastly I'd like
to ask about #8 under New Business Resolutions. I want to be clear that the City of
UNFINISHED
BUSINESS
Resolutions:
Local Laws
And Ordinances:
1.
Resolution No. 107 of 2007 – Local Law No 09 of 2007:
§179-3(F) Of Chapter 179“Sewers” Is Renumbered As
§179-3f(1) And A New Subsection 179-3f(2) Is Added. Tabled at the
BE IT ENACTED by the City Council of the City of
SECTION 1. TITLE
This local law
shall be entitled, A local law to renumber §179-3(F) of Chapter 179
“SEWERS” to §179-3F(1) and to add a new subsection entitled
§179-3F(2).”
SECTION 2. INTENT
AND PURPOSE
This local law
is intended to renumber §179-3F to §179-3F(1) and to add a new
subsection entitled §179-3(2) to cover reimbursement for sewer line repair
under the paved portion of a city street.
SECTION 3. AMENDMENT
§179-3F(1).
All
costs and expenses incidental to the installation and connection of the
building sewer shall be borne by the owner(s). The owner(s) shall indemnify the City
from any loss or damage that may directly or indirectly be occasioned by the
installation of the building sewer.
§179-3F(2). When
the Water and Sewer Superintendent certifies that a water or sewer line has
failed under the paved portion of a City street, the City will reimburse the
cost of repairing the portion of that line that lies under the paved portion of
the City street. That payment will
be based on the average cost of such repairs per linear foot as determined by
the Water and Sewer Superintendent by January 1 of the year for which it will
be effective. The City will not
reimburse the cost of repairs where the property owner or his assigns are
determined to have caused the failure; or the failure is caused by tree roots;
or the owner has insurance coverage for the repair. The owner must provide all insurance
information including, but not limited to, the extent of any insurance
payments. The owners of each
property continue to own and be responsible for the maintenance of water and
sewer lines providing service to that property from the water or sewer main to
the structure served.
§179-3.
paragraphs “A.”, “B.”, “C.”,
“D.”, “E.”, “G.”, “H.”, “
“N.”
and “O.” shall remain unchanged and in full force and effect.
SECTION 4. EFFECTIVE
DATE
This local law shall take effect
immediately upon its filing with the Secretary of State.
Motion to add
subsection to the Local Law:
Council Member Kelly.
Seconded: Council Member
Gold. On a roll call, all voted in
favor. Motion carried.
Discussion:
Council Member
Gold: I did research to see if
other municipalities have this.
They do not. In no case did
any other community go as far as we are going. This is a good thing for our community. I also checked tree roots. They do not mention this because they do
not have this legislature. If you
want to take this back to workshop, I will go along with that. I personally think that we should go
along with this because no other municipality has this.
Council Member
Thompson: If there are roots, it
hard to tell where they are coming from.
I did research on this a couple of years ago and the City of
Council Member
Kelly: I know of a situation where
it was the state’s fault that the pipe was broken and they said that it
was the fault of the homeowner.
Eventually the State did have to cover the cost to repair this
pipe. I support this legislation.
On a roll call,
all voted in favor. Motion carried.
NEW BUSINESS
Resolutions:
1.
Resolution No. 108 for 2007
- Authorizing the Historical Dummy Light to be Refurbished and kept
Approximately in its Current Historical Location. Read by City Administrator, Joseph
Braun.
RESOLVED, the City Council authorizes the
Historical Dummy Light to be refurbished and kept approximately in it its
current historical location.
Motion to
approve restoring Dummy Light:
Council Member Foster.
Seconded: Council Member
Gold. On a roll call, all voted in
favor. Motion carried.
A question that
was raised: How much is
approximate? This will be
determined in the design or at a future date. The word "Approximate" will
stay in the resolution.
On roll call,
all voted in favor. Motion carried.
2.
Resolution No. 109 for 2007 -
Purchase of
RESOLVED, the City Council authorizes the
purchase and/or acquisition through eminent domain of the two lots, one lot on
57 Church Street, Grid Number: 130200-5954-28-951876 and one lot on 14 North Cedar Street
Grid Number: 130200-5954-28-943881
to be developed as a parking lot.
Motion to
purchase property: Council Member
Shea. Seconded: Council Member Gold. On a roll call, all voted in favor. Motion carried.
3.
Resolution No. 110 for 2007 -
Amend Resolution No. 54 Of 2007 Dutchess County Stop DWI Program to Increase
the Payment Amount to Pay for Sobriety Checkpoints.
Be it Resolved, the City Council consents
to amend Resolution Number 54 of 2007 to increase the payment amount to a total
of $5,500 in order to pay for sobriety checkpoints and the Mayor is hereby
authorized to sign the Amendment Agreement to that effect.
Motion to Amend
Resolution for
4.
Resolution No. 111 for 2007
- Authorize Mayor To Execute Tolling Agreement Regarding the Consolidated Iron
And Metal Co., Inc. Superfund Site,
RESOLVED, the City Council authorizes the
Mayor to execute a tolling agreement regarding the Consolidated Iron and Metal
Co., Inc. Superfund site, in the City of Newburgh, New York as requested by the
United States Environmental Protection Agency (EPA).
Motion to
authorize Tolling Agreement:
Council Member Gold.
Seconded: Council Member
Kelly.
There is a
superfund site and Beacon is one of the contributors.
On a roll call,
all voted in favor. Motion carried.
5.
Resolution No. 112 for 2007 -
Authorize Mayor To Sign Agreement With Hudson Cruises, Inc. for The Purpose of
a water taxi service between Beacon and
RESOLVED, the City Council authorizes the
Mayor to sign agreement with Hudson Cruises for the purpose of a water taxi
service between Beacon and
Motion to
authorize Mayor to sign agreement with Hudson Cruises, Inc. for the Water Taxi
Service: Council Member Kelly. Seconded: Council Member Gold.
Mayor
Gould: This will not cost Beacon
anything.
On a roll call,
all voted in favor. Motion carried.
6.
Resolution No. 113 for 2007 -
Authorize Tax Refund For 2006 And 2007 For Sculpture Beacon, LLC, [Tax Id
Number: 6054-22-184880]
WHEREAS, the Assessor has determined that Sculpture Beacon, LLC, was over
assessed and has recommended a settlement which was presented to the New York
State Supreme Court which resulted in a Consent Judgment having been executed
by Hon. John LaCava, J.S.C., and
WHEREAS, the
Assessor has determined that the execution of the Consent Judgment will result
in tax refunds from the City, now, therefore, be it
RESOLVED, that the tax refund due Sculpture Beacon, LLC.for 2006 is $8,266.14
and the refund due for 2007 is $8,918.05.
Motion to authorize
tax refund: Council Member
Foster. Seconded: Council Member Kelly. On a roll call, all voted in favor. Motion carried.
7.
Resolution No. 114 for 2007 -
Authorize Mayor of the City of
RESOLVED: That
the Beacon City Council supports the City of
Motion to amend
by removing the following: "…in an amount not to exceed
$xxxxx," Council Member Thompson. Seconded: Council Member Gold. All voted in favor to amend. Motion carried.
Motion: to apply
for and accept funds: Council
Member Thompson. Seconded: Council Member Shea. On a roll call, all voted in favor. Motion carried.
8.
Resolution No. 115 for 2007 -
Authorize Mayor To Apply For And Accept Funds for a Grant: The Acquisition of the University
Settlement Camp Property from New York State Office of Parks, Recreation and
Historic Preservation, and if appropriate a Conservation Easement/Preservation
Covenant to the Deed of the Assisted Property. Read by City Administrator, Joseph
Braun.
RESOLVED: That Clara Lou Gould, as Mayor of the
City of Beacon, is hereby authorized and directed to file an application and
accept funds from the New York State Office of Parks, Recreation and Historic
Preservation in accordance with the provisions of Title 9 of the Environmental
Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of
1965. Upon approval of said
request to enter into and execute a project agreement with the State for such
financial assistance to this City for the acquisition of the University
Settlement Camp property and, if appropriate, a conservation
easement/preservation covenant to the deed of the assisted property.
Motion to amend
by removing the following: "… an amount not to exceed
$xxxxx,":Council
Member Gold. Seconded: Council Member Thompson. All voted in favor to amend. Motion carried.
Motion to apply
for and accept funds: Council
Member Thompson. Seconded: Council Member Gold. On a roll call, all voted in favor. Motion carried.
Local Laws
And Ordinances:
1. Resolution No. 116 - Proposed Local
Law: Amendment to Beacon City
Charter Section 8.10, Entitled “Exceptions to referendum”: Set Public Hearing for
Motion to Set
Public Hearing for
2.
Resolution No. 117 Proposed
Local Law: To Add to Chapter 33 of the Beacon City Code entitled, ‘Harbor
Management’ To Create a New Subsection C. to
§33-8. ‘Permit
applications and procedures.’
Set Public Hearing for
Motion to set a
Public Hearing for
City Attorney
Pisanelli: This was adjourned in
January 2005 to a future date.
Ratifications:
None
Announcements: None
Final Opportunities
for Public Comments:
Tom Baldino,
Fred
Antalek: Regarding that tolling
site. Who dumped those cars
there? I think the City of
Randy
Casale: Thank you to the building
dept. Every year Tallax grows their
grass very high. Harbor management
should be paying a tax or fee to help pay for the Fire Department.
Mark
Gebman: At the planning board Mr.
Pisanelli and Mr. Stolman did not satisfy my concern in my letter. The letter that was presented was for
the city’s response to have a hearing for property owner rights for many
years. I requested an
investigation. I’m hopeful
that you people will accept your responsibility.
No further
comments
Budget
Amendments:
Motion to
approve budget amendments: Council
Member Foster. Seconded: Council Member Shea. Roll call all voted in favor. On a roll call, all voted in favor. Motion carried.
Review of
Bills: Total Disbursements as of
Next Workshop:
Next Council
Meeting:
Community Segment: Dawn Wilkins – Choices for Change
A Motion to
Enter into an Executive Session at
A Motion to
End Executive Session at
Motion to
adjourn meeting at
Text from
Reports of
Mayor's
Correspondence
RE: Open
Reception
Vanbrunt
Gallery - No East No West a group snow June 9th - July 2nd
Opening
reception: Saturday, June 9th
Rieke
Fujinami - Hu Ren Yi - Elise Pritother Cathleen
Sweeney Carl Van Brunt Catherine Welshman
RE: Resolutions
Dear
PDCTC Voting Member:
This
letter transmits two items requiring Executive (Policy) Committee action. Non-Voting
and Technical (Planning) Committee members
are receiving this Letter for informational purposes only.
1. Resolution 07-03: Adoption of the
PDCTC Interim Action Plan
This
resolution seeks adoption of an Interim Action Plan in order to meet federal metropolitan planning
and programming requirements as set forth in the Safe, Accountable, and
Flexible. Efficient Transportation Equity Act (SAFETEA) (Pub. L. 1(1959). Based on guidance from the Federal
Highway Administration (NYS Division) and NYSDOT-Strategic Planning Bureau, a
Metropolitan Planning Organization (MPO) may adopt an action plan to
temporarily meet the July 1, 2007 deadline for conforming to SAFETEA requirements, with the understanding that
full compliance will be met when the next Regional Transportation Plan is
adopted; the PDCTC expects to have the mew plan completed by November 2007. The Action Plan includes strategies to
meet transportation security,
congestion management, agency consultation, and environmental mitigation
requirements.
2. Resolution 07-04 Adoption of the 2006-2007 Self-certification Report
This resolution seeks adoption or the PDCTC's annual
self-certification for the 2006- 2007
program year. The self-certification documents the work performed by the MPO
during the recently concluded program year and shows how this work complies
with federal statutes that govern the
metropolitan planning process. A self-certification is used in the years between a federal (in-person) certification
review, which occur every four years for a Transportation Management
Area (TMA).
Enclosed
with this letter is a list of PDCTC voting members, an official ballot, copies
of each resolution, the SAFETEA Interim Action Plan, and 2006-2007 Self-certification
Report. Voting Members are requested to
return the enclosed ballot to the PDCTC Secretary no later than Monday.
If you have any questions about these actions, please
contact Kealy Salomon at (845) 486-3600 or
pdctc@co.dutchess,ny.us, or Jean Gunsch at (845) 431-5725 or
jgunsch@dot.state.ny.us
Very truly yours, Robert A. Dennison III,
Secretary Poughkeepsie Dutchess County Transportation Council
ENC'LS
1) PDCTC
Membership List (Effective
2)
PDCTC Ballot
3)
PDCTC Resolution 07-03 (SAFETEA Interim Action Plan)
4)
PDCTC SAFETEA interim Action Plan
5)
PDCTC Resolution 07-04 (2006-2007 Self-certification
Report)
6)
PDCTC 2006-2007 Self-certification Report
DISTRIBUTION:
PDCTC Technical Committee Members
PDCTC
Non-Voting Members
In
order to accommodate the installation of 50,000 concrete railroad ties on the
Upper Hudson (between Manitou and Cold
Spring Stations) and
On the Upper Hudson Line, reverse peak, off-peak and
weekend train schedules have been moved up to 19 minutes later. Trains will take an extra 3 to 5 minutes
traveling along their route.
In the AM reverse peak, the
On the outer New Haven Line, off peak and weekends
departure times have been adjusted either earlier or later by up to 10 minutes. Trains will
take an extra 3-5 minutes traveling, along their route.
On
the Harlem Line, the AM reverse peak - the
Please
find copies of the new timetable regarding these changes enclosed. All
customers can also pick up a new timetable at the Grand Central Information
Booth or at outlying ticket offices or check the web at www.mta.info to see how these service adjustments may affect their trips. Should you
need any additional copies of the timetables, please contact Mae Patel
at 212-340-3027.
For Release:
Contact: Marjorie Anders
or Daniel Brucker
Metro-North's
New Timetables Take Effect Monday, June 11th
To accommodate the installation of
concrete ties this summer on the
During the reverse peak, off-peak and
on weekends, Upper Hudson Line train schedules have been moved up to 19
minutes later, and trains will take an extra 3 to 5 minutes traveling along
their route.
In the AM reverse peak, the