Minutes
City of
REGULAR MEETING
The regular meeting of
the City of
Council Members Present: Clara Lou Gould, Elizabeth Foster,
Charles Kelly, Phil Shea, Steve Gold, Eleanor Thompson and Randy Casale*.
Also in attendance were: City
Administrator, Joseph Braun
City
Attorney, Gerard Pisanelli
Media Represented by: Goldee
Greene, Beacon Free Press
Residents in Attendance
at Beginning: 40
Appointment:
1. Resolution
No. 184 of 2007 - *Appointment
of Randy Casale to the City Council as a Council Member effective immediately. Read by Mayor Clara Lou Gould.
WHEREAS, Council Member Lee
Kyriacou has resigned from the City Council leaving a vacancy, and
WHEREAS, Randy Casale has
been elected to the City Council effective January 1, 2008, and;
WHEREAS, the City of
NOW THEREFORE BE IT;
RESOLVED, the Mayor appoints
with the City of
Motion to approve
appointment of Randy Casale replacing Lee Kyriacou: Council Member Foster. Seconded:
Council Member Shea. All voted in
favor. Motion carried.
At this point, Randy
Casale was sworn in as Council Member effective immediately by Mayor Clara Lou
Gould.
Public Hearings:
1. Proposed Local Law to allow Enrolled
Volunteer Firefighters and Volunteer Ambulance Workers to be Eligible For a
City of Beacon Real Property Tax Exemption Under Real Property Tax Law (RPTL)
Section 466-C. Read by City Attorney,
Gerard Pisanelli.
PLEASE TAKE NOTICE THAT THE City of Beacon will hold a public hearing on
Monday, December 3, 2007 at the City of Beacon Municipal Center, One Municipal
Plaza, Beacon, New York at 7:30 p.m. or as so on thereafter as the matter is
reached on the agenda to consider a proposed local law to Allow Enrolled
Volunteer Firefighters and Volunteer Ambulance Workers to be Eligible for a
Real Property Tax Exemption under Real Property Tax Law (RPTL) Section 466-C.
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:
Pam Wetherbee: I am for this but please explain what you
meant by if they lived anywhere in the state.
City Attorney
Pisanelli: They first have to qualify as
a Beacon resident. Once they qualify,
they could move anywhere in
No further comments.
Motion to close Public
Hearing: Council Member Shea. Seconded:
Council Member Casale. All
voted in favor. Motion carried.
2. To Regulate
the
Public Hearing Comments: None
Motion to adjourn Public
Hearing: Council Member Thompson. Seconded:
Council Member Foster. All voted
in favor. Motion carried.
Community Segment: Powerpoint Presentation Bullying: “Joy to Our Town” – Ed Murphy
This program was
presented by Ed Murphy, The Olweus Bully Prevention Trainer Phone No. (845)
236-4692 - E-mail address mrmurf48@aol.com - Visit www.Clemson.edu/olweus. Mr Murphy gave a slide presentation where he
discussed Bullying Defined, Bullying = Peer Abuse, types of bullying. Why should we worry? Characteristics of
Bullies, Short Term Effects of Bulling, Long Term Effects, How can we get
involved and many other things about the Olweus Bullying Prevention Program. He then answered questions from the
residents. The Council thanked him for
his very informative presentation.
Superintendent
of Schools: Dr. Jean Parr
1. After School Problems
2.
Dr. Parr: I will talk a
little bit about how we chose some of the people we work with. Our primary role is to educate our
children. It is not only academics but
it is other issues. Anytime we are
looking at a program, it goes through a process. Needs should be surveyed and evaluated. Based on data we make decisions on what we
would need. We research a lot of the
programs. We interview people who we
intend to work with. It should have all
the components that will assist the students and the teachers and the parent. It is important for parents to be
involved. Sometimes a program will work
for elementary but not for high school.
We try to match the programs with the age groups. We adjust the programs to be sure they are
working. We want summaries at the end of
the school year as to whether it worked or did not work. Dr. Parr discussed some of the programs that
are in the
Dr. Parr asked for and
answered questions from the residents.
Update on the High
School: The old
Dr. Parr took and
answered questions from the residents.
The council thanked Dr.
Parr for her presentation.
Approval of Minutes:
Mayor Clara Lou Gould
asked for a motion to approve the minutes for the following date:
Motion to approve
minutes: Council Member Foster.
Seconded: Council Member
Thompson. 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 Get copy of Joe's Report
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
Gold: At this point, I would like to add
the following resolutions to tonight's agenda:
(Look under "Appointments"):
My reason for requesting this at this time is so that it will be on the
agenda in the event residents want to ask questions during the first
opportunity for comments on agenda items only.
1. Appointment
of Glenn Scofield Provisional as Chief of Police.
2. Request
Dutchess County Personnel to offer Dutchess County Chief of Police Civil
Service Examination.
First
Clark Gebman: Regarding my property being wetland - the
city has documents that show that it is not wetlands.
Dennis Pavelock: Have you ever thought about entering into a
municipal agreement? I do not mean to
imply that you should not get this equipment.
A lot of communities do that and this can save a lot of money
No further comments.
UNFINISHED BUSINESS –
Resolutions:
1. Resolution No.
185 of 2007 - Bond Ordinance Authorizing the Issuance Of Up To $525,000 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 of
Machinery and Apparatus for Construction and Maintenance Including Dump Trucks,
a Leaf Truck and Blower, and a Backhoe and Trailer. For Adoption by affirmative vote of at Least
two-thirds of the entire voting strength of the Council of the City. Read by City Administrator, Joseph Braun.
BOND ORDINANCE, DATED
DECEMBER 3, 2007, AUTHORIZING THE ISSUANCE OF $525,000 AGGREGATE PRINCIPAL
AMOUNT SERIAL BONDS OF THE CITY OF BEACON, COUNTY OF DUTCHESS, STATE OF NEW
YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION OF MACHINARY AND APPARATUS FOR CONSTRUCTION AND
MAINTENANCE, INCLUDING DUMP TRUCKS, A LEAF TRUCK AND BLOWER AND A BACKHOE AND
TRAILER.
WHEREAS, the City Council of the
City of Beacon (the “City”), a municipal corporation of the State of New York
(the “State”), 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 of machinery and
apparatus for construction and maintenance, including dump trucks, a leaf truck
and blower and a backhoe and trailer, and any preliminary and incidental costs
related thereto, at a total estimated cost not to exceed $525,000, 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 $525,000, pursuant to the Local Finance Law, in order to finance the
costs of the acquisition of machinery and apparatus for construction and
maintenance including dump trucks, a leaf truck and blower and a backhoe and
trailer, and any preliminary and incidental costs related thereto (the
“Project”).
Section 2. The City Council of the City has ascertained
and hereby states that (a) the estimated maximum costs of the Project are not
to exceed $525,000; (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
authorized herein, and/or of bond anticipation notes issued in anticipation of
the issuance of such serial bonds (d) the maximum maturity of the serial bonds
authorized herein shall be in excess of five (5) years.
Section 3. It is hereby determined that the Project, at
a maximum cost of $525,000 for which $525,000
principal amount of serial bonds, and/or bond anticipation notes issued in
anticipation of the issuance of such serial bonds, are authorized herein,
is a specific object or purpose, or of a class of objects or purpose, as
described in subdivision 28 of paragraph a of Section 11.00 of the Local Finance
Law, the period of probable usefulness of the Project
is fifteen (15) years, and the serial bonds authorized and issued pursuant to
this bond ordinance shall have a maximum maturity of fifteen (15) 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.
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 the
serial bonds authorized herein, and/or 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 issue, sell and deliver such
serial bonds and such bond anticipation notes, are hereby delegated to the City
Administrator, as chief fiscal officer of the City. The City Administrator is hereby authorized
to execute by manual or facsimile signature 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) 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
Comptroller. In the absence of the City
Administrator, the Deputy City Administrator is hereby authorized to exercise
the powers delegated to the City Administrator by this bond ordinance.
Section 5. When this bond ordinance takes effect, the
City Clerk shall cause the same 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, a 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 6. The faith and credit of the City are 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 7. The City hereby declares its intention to
issue serial bonds as 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 the serial bonds authorized
herein or any other provision hereof until the date, which is sixty (60) days
after the final maturity date or earlier prior redemption date thereof. The proceeds of the obligations may be
applied to reimburse expenditures or commitments 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, by the City Council of the City.
Section 8. Prior to the issuance of serial bonds as
authorized herein, and of bond anticipation notes issued in anticipation of the
issuance of such serial bonds, the City Council of the City shall comply with
all applicable provisions prescribed in Article 8 of the Environmental
Conservation Law, and the 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 covenants that it 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 and has been
determined by the City Council of the City that the Project will not have
significant impact or effect on the environment.
Section 9. For the benefit of the holders and beneficial
owners from time to time of the serial bonds authorized herein, and of 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
the obligations under, Rule 15c2-12 (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 to thereby 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 serial bonds as authorized herein, and of bond anticipation notes issued in
anticipation of such serial bonds, 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 Corporation Counsel of the City and bond counsel or other
qualified independent special counsel to the City and shall be entitled to rely
upon such legal advice provided by the Corporation Counsel or such bond counsel
or other qualified independent special counsel in determining whether a filing
should be made.
Section 10. This bond ordinance shall take effect
immediately upon its adoption by the City Council of the City.
Motion to dispense with reading except for
bold print: Council Member Gold. Seconded:
Council Member Thompson. All
voted in favor. Motion carried.
Motion to authorize the issuance of Bond
Ordinance: Council Member Thompson. Seconded:
Council Member Casale. On roll
call, there were six "yes" votes and Council Member Shea voted
"no". With a vote of six to
one, motion carried.
Local Laws And
Ordinances:
1. Resolution No. 186 of 2007 - Local Law No. 16 of 2007 - to allow Enrolled Volunteer
Firefighters and Volunteer Ambulance Workers to be Eligible For a City of
Beacon Real Property Tax Exemption Under Real Property Tax Law (RPTL) Section
466-C. Second
BE IT ENACTED by the City Council of the City of
SECTION 1. ENABLING
LEGISLATION.
The New York State Legislature has, heretofore,
amended Real Property Tax Law (RPTL) to authorize municipalities to permit
enrolled volunteer firefighters and volunteer ambulance workers to be eligible
for a real property tax exemption as is more particularly set forth in RPTL §
466-c.
SECTION 2. LEGISLATIVE
INTENT.
The Legislature recognizes the role of the volunteer
firefighters and ambulance workers in securing the safety and well being of our
communities. The Legislature hereby
finds that it is in the best social and economic interest of the City of
SECTION 3. EXEMPTIONS
FOR CERTAIN VOLUNTEER FIREFIGHTERS AND AMBULANCE WORKERS.
a. Real
property owned by an enrolled member of an incorporated volunteer fire company,
fire department or incorporated voluntary ambulance service or such enrolled
member and spouse residing in the City of Beacon shall be exempt from taxation
to the extent of ten percent of the assessed value of such property for City
purposes, exclusive of special assessments provided however, that such
exemption shall in no event exceed $3,000 multiplied by the latest state
equalization rate for the assessing unit in which such real property is
located.
b. Such
exemption shall not be granted to an enrolled member of an incorporated
volunteer fire company, fire department or incorporated voluntary ambulance
service residing in the City of
1. the
applicant resides in the City of
2. the
property is the primary residence of the applicant;
3. the
property is used exclusively for residential purposes; provided however, that
in the event any portion of such property is not used exclusively for the
applicant’s residence but is used for other purposes, such portion shall be
subject to taxation and the remaining portion only shall be entitled to the
exemption provided by this section; and
4. the
applicant has been certified by the authority having jurisdiction for the
incorporated volunteer fire company or fire department as an enrolled member of
such incorporated volunteer fire company or fire department for at least five
years or the applicant has been certified by the authority having jurisdiction
for the incorporated voluntary ambulance service as an enrolled member of such
incorporated voluntary ambulance service for at least five years. The incorporated volunteer fire company or
fire department and incorporated voluntary ambulance service shall submit to
the Beacon City Administrator a complete list of enrolled members, with their
respective dates of service for such incorporated voluntary fire company, or
fire department, or incorporated voluntary ambulance service. The Beacon City Administrator shall then
review all potential candidates and certify those that meet the necessary
criteria to be eligible for this exemption.
c. Application
for such exemption shall be filed with the assessor on or before the taxable
status date on a form as prescribed by the state board.
d. Any
enrolled member of an incorporated volunteer fire company, fire department or
incorporated voluntary ambulance service who accrues more than twenty years of
active service and is so certified by the authority having jurisdiction for the
incorporated volunteer fire company, fire department or incorporated voluntary
ambulance service, shall be granted the ten percent exemption as authorized by
this section for the remainder of his or her life as long as his or her primary
residence is located within this state.
e. No
applicant who is a volunteer firefighter or volunteer ambulance worker who, by
reason of such status, is receiving any benefit under the provision of Article
4 of the Real Property Tax Law on the effective date of this Section shall
suffer any diminution of such benefit because of the provisions of this
section.
SECTION 4. SEVERABILITY.
If any part of this local law shall be found to be
invalid, such invalidity shall apply only to such part, and the balance thereof
shall remain in full force and effect.
SECTION 5. 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, for taxable status dates occurring
on or after
Motion to adopt this local law: Council Member Gold. Seconded:
Council Member Shea.
Discussion:
Council Member
Gold: This will help to attract
volunteers. Our volunteers are being
depleted. If that happens, we will have
to go to paid fire fighters. I feel that
it should be 20%. The cost will be
approximately $8,000.00
City Attorney
Pisanelli: I suggest we start at
10%. This is in effect throughout the
state. I will check into it to be sure
that this 20% is acceptable.
City Administrator Joseph
Braun asked for this to be tabled for a brief amount of time so he could go to
his office and look up the law and give the exact permissible percentage
allowed.
Motion to table until
Administrator Braun comes back: Council
Member Shea. Seconded: Council Member Casale. All voted in favor. Motion carried.
City Administrator returns.
Motion to take off the
table: Council Member Gold. Seconded:
Council Member Shea. All voted in
favor.
Administrator
Braun: The State Law states 10% as the
maximum allowed.
The following is the Law:
§ 466-c. Volunteer firefighters and volunteer ambulance
workers; certain
county. 1. Real property owned by an enrolled member of an incorporated volunteer fire company,
fire department or incorporated voluntary
ambulance service or such enrolled member and spouse residing in any county having a population of more than two
hundred eighty thousand inhabitants
but less than two hundred eighty thousand two hundred inhabitants,
determined in accordance with the latest decennial federal census, shall be exempt from taxation to the extent of ten
percent of the assessed value of such
property for city, village, town, part
town, special district or county purposes, exclusive of special assessments, provided that the governing body of a
city, village, town or county, after a
public hearing, adopts a local law, ordinance or resolution providing therefor; provided further, however, that such
exemption shall in no event exceed three
thousand dollars multiplied by the
latest state equalization rate for the assessing unit in which such real
property is located.
Motion to approve
resolution for 10%: Council Member
Casale. Seconded: Council Member Kelly. On
roll call, all voted in favor.
Motion carried
NEW BUSINESS
Resolutions:
1. Resolution
No. 187 of 2007 - Set
Public Hearing for 2008 Proposed Budget for
Motion to set Public
Hearing for
2. Resolution
No. 188 of 2007 - Authorize Mayor
to Sign and Approve a Consultant Agreement Between the City of
WHEREAS,
the City Council authorizes
the Mayor to sign the consulting agreement between City of
NOW,
THEREFORE, be it
RESOLVED, that the Mayor is authorized to sign the consulting
agreement between City of
1.
You will continue to have use of the Director's
house and the barn for you and your family until the termination of this
agreement. You will cover costs of oil heat and electric and the City of
2.
In exchange for the use of the barn and house, you
will provide basic `oversight" function for the property, up to 28 hours a
month, These services include, but are not limited to, the following: Lawn
maintenance, property checks to keep unauthorized people from entering the
property, scheduling all renters for use of property approved by the City of
Beacon, or any service mutually agreed upon by you and the City of Beacon.
3.
If you use the site in any way for your own business
purposes, you must receive permission from the City in writing prior to use of
center; you will provide the City of
4.
Nothing in this Agreement shall create or be
construed as an employer-employee relationship between you and the City of
5.
Nothing in this Agreement shall create or be
construed as creating a landlord-tenant relationship between you and the City
of
Motion to table: Council Member Thompson: Seconded:
Council Member Kelly: On roll
call, there were four "no" votes and Council Members Foster, Kelly
and Thompson voted "yes". With
a vote of three in favor of tabling and four against, motion to table did not
pass.
Council Member Gold:
The council will review the agreement before it is finalized.
Council Member
Thompson: I am very uncomfortable. Why do we have to have the same person? Why can't we look around to see if someone
else is interested?
Council Member
Gold: I know this person and I think
very highly of him.
Council Member
Shea: I agree with Council Member
Gold. He has done a good job for a
number of years.
Mayor Gould: This agreement is subject to the councils
review and approval. We need to get this
contract signed. The closing is
scheduled for next week.
Motion to accept amended
agreement: Council Member Gold. Seconded:
Council Member Casale. On roll call, there were five "yes"
votes and Council Members Thompson and Kelly voted "no". With a vote of five in favor and two
against, motion carried.
3. Resolution
No. 189 of 2007 - Authorize Mayor to sign Architectural/Engineering
Consultant Agreement PIN 8757.30 (
RESOLVED, the City of Beacon City Council authorizes the Mayor to sign the
Architectural/Engineering Consultant Agreement with Hudson Valley Engineering
Associates, PC for PIN #8757.30 (Fishkill Avenue) and PIN #8757.80 (Teller
Avenue)
Motion to authorize Mayor to sign agreement: Council Member Foster. Seconded: Council Member Casale. On roll call vote, there were six
"yes" votes and Council Member Shea voted "no". On a vote of six in favor and one against,
motion carried.
4. Resolution No. 190 of 2007 - Resolution
Referring the Proposed Comprehensive Plan to the Planning Board and Scheduling
the Final Public Hearing. Public Hearing Set for
Motion to set final Public Hearing for Comprehensive Plan: Council Member Kelly. Seconded:
Council Member Gold. All voted in
favor. Motion carried.
5. Resolution No. 191 of 2007 - Authorize Mayor to
sign Agreement between The Rutigliano
Group and the City of
WHEREAS, The Rutigliano Group shall provide the following:
·
17 double-sided full-color, custom art vinyl banners, designed by
Parsons James, Inc.
·
Design and size customized to meet community specifications (13’ x 4’)
– See specification document
·
Through consultation with DCAC, a complete overview of all final
selected artists in conjunction with Parsons James, Inc.
·
Merchant sponsors’ name displayed on lower portion of each banner
·
Duration of two (2) year display schedule
·
Bracket system designed to support two (2) year shelf life
·
Based upon industry standards free replacement of torn or damaged
banners equaling 15% of the total population within 30 days of notification
·
Will cover production costs associated with this project with the
exception of installation/removal
·
Monitoring and maintenance of banners as needed throughout their
display period
WHEREAS, The City of Beacon shall
provide the following:
·
A letter of introduction of the program on The City’s letterhead with
appropriate press releases
·
Agrees to give The Rutigliano Group and Parsons James Inc. the right to
use The City’s name with the preparation, production and marketing of the
program set forth herein only
·
Access to the pole sites for banner placement and support of the
installation
·
Initial installation and removal of all banners and hardware; removal
of damaged banners and installation of replacement banners
·
Report torn or damaged banners in need of replacement to The Rutigliano
Group
FURTHER RESOLVED, it is agreed:
·
The Beekman Artist Street Banner Project is the sole property of The
Rutigliano Group and Parsons James, Inc. as a gift to The City of Beacon and
the living artists. All rights are strictly reserved.
·
The images representing the work of the individual artists invited to
participate remain the property of the individual artists or their assigns, The
Rutigliano Group, Parsons James Inc. retain no right to copy other than the
actual banner format for use in publicity directly related to the promotion of
the project and of The Rutigliano Group and Parsons James, Inc. as producers,
The City of Beacon retains no right of copy other than materials provided by
The Rutigliano Group and Parsons James, Inc.
·
The actual produced banners become the temporary property of The City
of Beacon during their residency on city property, until they are removed and
returned to The Rutigliano Group for dispersal or destruction.
·
Agrees to not produce any other “artist” banners of same style without
involvement and artist selection by The Rutigliano Group and partners, as per
this project agreement
·
Releases The Rutigliano Group and partners from any liability regarding
the banners upon taking possession; and to provide any appropriate insurance
required to cover any potential liabilities to the city
·
While the intent is to keep the banners up for a minimum of two (2)
years, the city may remove them at any time prior to the two (2) year period at
their own discretion due to wear and tear or other technical or liability
issues,
NOW THEREFORE BE IT
RESOLVED,
the City Council authorizes the Mayor to sign the Beekman Street Artist Banner
Agreement.
Council Member Casale: I
received a memo in my packet. Baca is
not participating in this project. This
concerns me. The following bold and underlined comment was added to the comments
regarding Resolution No. 191 of 2007 as
requested by Councilmember Casale: Also, for the
record, the Rutigliano Group wants to reiterate that this project is strictly
non-profit.
Mayor Gould: They do not object
to this but they are simply saying that they are not participating in this
project.
Motion to authorize Mayor to sign agreement: Council Member Shea. Seconded:
Council Member Gold. On roll
call, all voted in favor. Motion
carried.
6. Resolution No. 192 of 2007 - Authorize Mayor to
sign the Letter of Agreement between The Beacon Institute, Inc. and the City of
RESOLVED, the City of