Minutes

City of Beacon Council Meeting

November 5, 2007

 

REGULAR MEETING

 

The regular meeting of the City of Beacon Council held at the Municipal Center, One Municipal Plaza on November 5, 2007 at 7:30 p.m. was called to order by Mayor Clara Lou Gould with the Pledge of Allegiance to the Flag.

 

Council Members Present:                               Clara Lou Gould, Charles Kelly, Phil Shea, and Eleanor Thompson.

 

Excused:                                                          Elizabeth Foster and Steve Gold

 

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:             25

 

Public Hearings:

 

1.  To Regulate the Sale and Use of Outdoor Furnaces in the City of Beacon.   Adjourned on 10/01/07 and 10/15/07.  Read by City Administrator Braun: 

 

This will be postponed because we are waiting for details from the Building Department.

 

Mayor Clara Lou Gould invited anyone in the audience to give their comments regarding the above hearing even though it is being postponed until we hear from the Building Department.

 

Public Hearing Comments:

 

Dennis Pavelock, 34 Judson Street:  Re Outdoor furnaces - Residences should have an affordable way to heat their homes.  With oil being $91.00 a gallon, we don't know what the price for fuel will be.  Bottom line - we really have to have a way for residents to offset their heating cost.

 

No further comments.

 

Motion to close this Public Hearing until information is received from Building Department:  Council Member Shea.  Seconded:  Council Member Thompson.  All voted in favor.  Motion carried.

 

Community Segment:            Volunteer Presentations – Make a Difference

 

Mayor Clara Lou Gould:  The Community Segment tonight is a very happy one.  We have so many people who are available when something has to get done.  Last week we had a "Make a Difference Day".  Volunteers make a difference and we are honoring them tonight.

 

One of the things that the volunteers help with is when seniors need help to take their things to the dump on free dump day.

 

The Following Individuals Assisted Seniors To Bring Unwanted Items To The Recycling Center:

 

Victoria, Jennifer and Michael Andrews

Michael Fusion

David DeLeo

 

The Following Individuals Have Gone Beyond The Call Of Duty Helping To Maintain The Patriots Garden:

 

Stephen Trochan

John F. Dunne

 

The Following Individual Volunteered To Be Part Of The Concerned Citizens Committee:

 

Barbara McCaskill - has been the vice president of the Beacon Coalition

 

Dennis Pavelock, President of Concerned Citizens:  Asked to be allowed to make a comment about Barbara. “It is people behind the cameras who make the people look so good.  Thank you for all your help with the Beacon Concerned Coalition.  Congratulations, Barbara.”

 

Approval of Minutes:

 

Mayor Clara Lou Gould asked for a motion to approve the following Council Meeting Minutes for:

 

October 15, 2007

 

Motion to approve minutes:  Council Member Shea.  Seconded:  Council Member Thompson.  All voted in favor.  Motion carried.

 

Reports:  Text from the following reports for November 5, 2007 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 Gerard Pisanelli read his Report of Activities – 1st Meeting of the Month

Mayor Clara Lou Gould read her Report of Activities - Get a copy of Mayor's Report

Council Members read their Reports of Activities

 

Public Comments:  Pertaining to This Agenda Only

 

Lou Amoroso, 92 Union Street - asked for an explanation and more details regarding reimbursement to residents who have sewage seeping into their basement.  He asked the council how they intended to disseminate this information to inform the Beacon residents who are having this problem.

 

City Attorney Pisanelli:  This is still being worked on.  It will be discussed at a future workshop before it goes on the Council Agenda.

 

Clark Gebman:  Re the storm water laws and regulations, for the record, I have not received a response yet of city records that I requested.  Mr. Pisanelli did not appear at the most recent planning board meeting.  The engineer informed me that water is still running on my property.  I am asking for copies of the maps that have not been released to me.

 

Cathy Deutermann - My question is in regard to our grant writer.  What are the figures on the return for this expenditure to the grant writer?  How much beyond that have we received? 

 

Council Member Shea answered her and said that the figure was far beyond the expenditure.

 

No further comments

 

UNFINISHED BUSINESS:

 

Resolutions:

 

Local Laws And Ordinances:

 

1.  To Regulate the Sale and Use of Outdoor Furnaces in the City of Beacon. Tabled on October 1, 2007 and October 15, 2007.  Second Reading:  Read by City Administrator Joseph Braun.

 

This resolution is on hold until we receive information from the Building Department.

 

NEW BUSINESS

 

Resolutions:

 

1.  Reimbursement to Homeowner for Sewage Damage. Tabled:  October 25, 2007.  Read by City Administrator Joseph Braun.

 

This will go back to a workshop for further discussion.  It should be a law.

 

The Mayor will ask for a motion (further down on this agenda) for a public hearing to be set for November 19, 2007.

 

2.  Resolution No. 167 of 2007 - Authorize Mayor to sign 2008 Agreement between Susan Roeller Brown, Consultant Grant Writer.  Read by City Administrator Joseph Braun

 

Authorize the Mayor to sign an agreement with Susan Roeller Brown for prospect research and grant writing services from January 1, 2008 through December 31, 2008 to include up to 275 hours at a fee of $75 per hour and out of pocket expenses.

 

Motion to authorize Mayor to sign agreement with Susan Roeller, Grant Writer:  Council Member Thompson.  Seconded:  Council Member Kelly.  On roll call, all voted in favor.  Motion carried.

 

3.  Traffic and Safety - “No Parking, Stopping or Standing Here to Corner” signage.  Read by City Administrator, Joseph Braun.

 

Resolved that there will be "No Parking, Stopping or standing Here to Corner" signage to be placed 30 feet on both sides of St. Luke's Place from the intersection of Churchill Street, as recommended by the Traffic Safety Committee.

 

Motion to approve Traffic and Safety request:  Council Member Shea.  Seconded:  Council Member Thompson.  On roll call, 3 voted in favor and Council Member Kelly voted "no".  With a vote of three to one, motion failed.

 

4.  Beekman Street Banner Project:  Read by City Administrator Joseph Braun.

 

To be tabled to next workshop.

 

5.  Property Tax Discount - Firefighters.  Read by City Administrator Joseph Braun.

 

This will go back to workshop and discussed as a local law.

 

Local Laws And Ordinances:

 

1.  Resolution No.  168 of 2007 - City of Beacon Proposed Local Law for Stormwater Management and Erosion & Sediment Control.  Set Public Hearing for November 19, 2007.  First Reading:  Read by City Administrator, Joseph Braun.

 

Motion to waive complete reading of entire law:  Council Member Shea.  Seconded:  Council Member Thompson.  All voted in favor.  Motion carried.

 

Motion to set Public Hearing for November 19, 2007:  Council Member Thompson.  Seconded:  Council Member Shea.  All in favor.  Motion carried.

 

2.  Resolution No. 169 of 2007 - Proposed Local Law to Prohibit Illegal Discharges, Activities and Connections to Separate Storm Water System.  Set Public Hearing for November 19, 2007. First Reading:  Read by City Administrator, Joseph Braun.

 

Motion to waive reading of entire law:  Council Member Thompson.  Seconded:  Council Member Shea.  All voted in favor.  Motion carried.

 

Motion to set public hearing for November 19, 2007:  Council Member Shea.  Seconded:  Council Member Kelly.  All voted in favor.  Motion carried.

 

3.  Resolution No. 170 of 2007 - A Local Law To Add A New Section To Chapter 179 Sewer, Entitled, §179-12 Reimbursement To Homeowner For Damage Caused By Sewage Entering The Home, Set Public Hearing For Monday, November 19, 2007.  First Reading:  Read by City Administrator Joseph Braun.

 

Motion to set public hearing on November 19, 2007:  Council Member Kelly.  Seconded:  Council Member Thompson.  All voted in favor.  Motion carried.

 

Ratifications:

 

1.  Resolution No. 171 of 2007 - Lewis Tompkins Hose – Joshua Caban Active Member effective October 2, 2007

2.  Resolution No. 172 of 2007 - Mase Hook and Ladder – Remove Brian Gallio and Matthew Davis from Active rolls effective - October 8 2007.

 

Motion to ratify Resolution Nos. 171 and 172:  Council Member Thompson.  Seconded:  Council Member Kelly.  On roll call, all voted in favor.  Motion carried.

 

Announcements:

 

REMINDER:  Public Hearings:  Draft City Comprehensive Plan and Draft Generic Environmental Impact Statement (DGEIS).  Public Hearings Set for November 14th and November 17th at the Memorial Building, Main Street, Beacon.

 

Last Opportunity for Public Comments:

 

Stuart Wetherbee and Pamala Wetherbee, 66 Mead Avenue: - The following are their comments:

 

Stuart Wetherbee: -

           First I would like to thank the city council for taking this matter seriously.  I hope that is will come to some kind o resolution and ultimately fix the problem.  Second, I want to apologize to the council.  Through false information from the SLA (State Liquor Authority) I stated that the bar the Hub (Moroney's) had acquired an approved outside area to serve and consume alcohol, which was approved by someone in city office.  Upon trying to get documentation from the SLA about this, we found that they do not have such approved area outside.  And I urge the council not to grant either the Moroney's, Barking Frog, or the Knights of Columbus such a permit.  The bar Moroney's has obviously built an outside area to consume alcohol, which they do on a daily basis.  They built a patio with tables, chairs and a TV so they can conduct business outside.  But on their liquor license, they clearly stated that they were not applying for a license that would permit them to consume alcohol outside.  They are constantly in violation of the SLA laws.  Finally I would like to say that some people including some police officers have the attitude that 'Hey, you bought a house behind a bar, what do you expect?'  We look at it as 'They (the owners of the bars) operate bars that either border or are close to a residential neighborhood.  There are current laws that protect us from their noise and other nuisances.  These laws are clearly being broken and all we are really asking of the council is to find a way to enforce these laws, Thank you.

 

Pamela Wetherbee: 

            On the Cabaret Law, the city of Beacon definitely needs this in order to have local laws on the books that will help the police enforce these establishments; these laws could mirror the current ABC laws plus more. There is a gap in the local laws now.  The only local law that applies to the bars is the noise ordinance.  Otherwise it is the state ABC Laws.  Barking Frog is obviously violating the noise ordinance since it states that if you hear the noise emanating from the establishment with amplified sound it shouldn't be heard outside of establishment.  This establishment doesn't have soundproofing and is too small to handle the live entertainment they have.  Moroney's obviously have an outside patio with 12 chairs, 4 tables, TV, heater, flowers, their patrons probably don't even realize that they aren't supposed to have outside drinking or congregating, it is up to the management of the establishment to enforce this.  Not being done.

             I spoke with 24 of 48 residences in my neighborhood.  Of the 24, 20 are bothered by the noise, mostly from Knights of Columbus and Barking Frog (13 each), Moroney's bothers 3 residences but these 3 homes buffer the other homes from that bar.  Noise just radiates throughout the neighborhood from the other establishments.

             In the Handbook for Retail License, it says it is important for them (the liquor establishments) to strike a balance between the quality of life in the neighborhood and the successful operation of their business.  This is not being done at all.  The bars are violating the ABC Laws, not enforcing their patrons, the police are not enforcing these establishments.  So we are victims by both the liquor establishments and this city!  Thanks.

 

Dennis Pavelock:  There was only one resident who complained regarding garbage cans.  The following is a petition with 28 signatures given to the council by Dennis.  Dennis talked about the phony press conference by FEMA.  "I think it was wrong and those that did it should resign or be fired." He stated that Kathy Deutermann should get an award for starting community watch.

 

Petition:

 

November 1,2007

Mr. Scott McHugh (Via City Council)

RE:   6055-81-603062

City of Beacon Building Inspector, Deputy

Dear Mr. McHugh:

 

This letter is in reference to the Order of Remedy dated 10/24/07, which was received by Roundtree Court residents in the City of Beacon.

 

Although the City of Beacon Code of Ordinance 135-86 Garbage and refuse states:.

"containers shall be kept off sidewalks to the REAR of properties..... " the residents of

Roundtree Court have signed the attached petition in disagreement/opposition to this city ordinance as we have ALL ATTACHED TOWNHOMES and therefore, the homeowners in this development should not be affected and not in violation of this ordinance.

 

We respectfully request the Beacon Code of Ordinance be re-written for ATTACHED HOMES NOT ONLY FOR ROUNDTREE COURT, but for OTHER development/complexes as well, such as VERPLANCK ESTATES, and THE VILLAS which are other TOWNHOME developments in which no complaints were brought about.

 

Thank you for reviewing this request.  Signed by Beverly Bettina Sarich, 8 Roundtree Court:

 

The following are hand-written comments that were at the bottom of this petition:

 

Attached homes have no access but to drag garbage through the house or in the woods or up 15 steps to get inside.

 

The reason for this petition is to request a re-writing of the Beacon Code of Ordinance.

    

     There was only one person who complained about receptacles in Roundtree.

 

Barbara McCaskill. I would like to acknowledge to the council that you are doing a wonderful job on the sidewalk that I asked about.  I would also like to thank Dennis for his recommendation for my award.

 

Clark Gebman:  It came to my attention that the storage of dirt and the placement of fill are being done without proper permits.  This is an activity that has been placed adjacent to my property, which is 15 feet higher than when it started.  Re my desire will never see the light of public viewing.  It is strictly for protection of my family assets.  I will do everything possible to protect my family's assets and build on my property.  Regarding the master plan, it makes no sense for a public hearing to take place because of what the MTA is doing.

 

Cathy Deutermann:  Community Watch will have their meeting this Saturday at 11:00 a.m.  Maybe if we got the cameras that were promised to us two months ago, we would not be still having a problem.  Re:  absentee landlords - we have to enforce the laws that are in on the books.

 

Joan Hill:  A week and a half ago the noise was quite loud and I called the police.  All we are asking for is to enforce the laws on the books.

 

No further comments.

 

Budget Amendments requiring council action for November 5, 2007 submitted by Toni Tracy, Financial Director:

 

1.  Amend the General Fund Balance for the Attorney expense (Code:A 1420.450410) in the amount of $1,567. This is the amount owed to Roemer, Wallens and Mineaux for the

Franklin Otero Discipline.

 

2.      Amend the General Fund Balance for the Attorney expense (Code:A 1420.450408) in the amount of $1,731. This is the amount owed to Tarshis, Catania, Liberth, Mahon & Milligram, PLLC for the Gould et al adv. Sassi, Sr.

 

3.      Amend the General Fund Balance for the Planning Department expense for consultants (Code: A8020.452000) in the amount of $11.492. These funds are required to cover invoices

from Zarin & Steinmetz for Hiddenbrooke, zoning issues, etc.

 

4.                  Amend the General Fund Balance for the Insurance Department deductible expense (Code:A 1910.434000) in the amount of S 19,062. This amount is due to Reliance in Liquidation and is regarding deductibles for defense of the city in several old lawsuits:

 

12/15/97 Richard Reale – Motor Vehicle Accident

09/16/99 Luigi DeDominicus – Property Loss

04/06/99 John Herring – Motor Vehicle Accident

 

5.         Amend the General Fund Budget for the Police Department by transferring $5,000 from Training (Code: A3120.443200) to Purchase of Equipment (Code: A3120.250044). These funds will be used to purchase motion-activated cameras that will be placed to alleviate graffiti in the city.

 

6. Amend the General Fund Budget for the Police Department by transferring 54,400 from the Rental of Equipment (Code: A3120.447000) to Purchase of Computer Equipment (Code: A3120.220001). This money will be used to purchase a computer/console to be placed in a new police vehicle.

 

7. Amend the General Fund Budget for the Police Department by transferring $2,300 from the Maintenance of Equipment (Code: A3120.445100) to Purchase of Equipment (Code: A3120.250000). This amount is needed to complete the outfitting of the new vehicles with necessary equipment.

 

Motion to approve budget amendments 1 through 7 above:  Council Member Thompson.  Seconded:  Council Member Kelly.  On roll call, all voted in favor.  Motion carried.

 

Review of Bills:  Total Expenditures as of November 5, 2007.                                   $553,379.00

 

Next Workshop:         Tuesday, November 13, 2007 at 7:00 p.m. – Municipal Center

Budget Presentations:  Building / Fire - Tim Dexter, Fire- Tim Joseph and City Clerk - Iola Taylor

 

Next Council Meeting:            Monday, November 19, 2007 at 7:30 p.m. – Municipal Center

 

A Motion to Enter into an Executive Session:  None

 

Motion to adjourn meeting at 9:00 p.m.  Council Member Kelly.  Seconded:  Council Member Shea.  All voted in favor.  Motion carried.

 

Text for Reports for November 5, 2007:

 

 

Mayor's Correspondence for November 5, 2007

 

1.      News Release from D.C. Executive William Steinhaus
announcing a new countywide initiative to save lives of sudden cardiac arrest victims.

 

2.      Communication from Douglas Comstock of Cardiac
Science of Connecticut and New York offering his help with regard to this initiative.

 

3.      New York State DEC regarding the Stormwater
Management Program, which must be in place by January 8, 2008.

 

4.      Community Development agreements for the amended Block Grant Programs, some transferred to infrastructure, and some to the completion of the Geo Thermal Heating System at Howland Cultural Center

 

5.      NYS DEC - is developing in partnership with FEMA updated flood hazard data for the Fishkill. Creek in our community. In the upcoming weeks survey crews will be collecting data along the reach that will include recording elevations of the stream, obtaining OPS coordinates and taking digital images of the immediate area...they may need minor encroachment access on homeowner properties adjacent to the reaches listed. Crews will be in the area through approximately Dec. 15, 2007.

 

6.      From. Dr. Kenneth M. Glatt, Commissioner of Mental Hygiene, sending copy of the 2006 annual report.

 

7.      Notice from the Governor's Intergovernmental affairs
regarding global warming regulations. The Governor unveiled new draft regulations to carry out a regional program that will cut greenhouse gases emitted by NY power plants.

 

8.      Judy LaBelle, Glynwood Center - thanking me for meeting with the Columbia Graduate School of Planning, Architecture and Historic Preservation class on cultural landscape. The students (who came from all over the country) were interested in hearing the story of how a major cultural institution like Dia:Beacon can influence a small city.

 

9.      John Morgan, of DePuyster Avenue, thanking the city for resurfacing Catherine and Laurel Streets. "They look beautiful. Our young neighbor Molly is able to ride her bicycle again and her older brother Joe says he is pleased because 'I don't have to weed the street anymore.' Please let your road crew know they did a great job.

 

10.  Spirit of Beacon Day Committee - thank you letters to Supt. of Highways Zep Thomaselli and Beacon Police Lt. Sands Frost

 

11.  Cablevision - letter announcing rate changes effective December 1, 2007

 

Events:

·                      DC Community College Foundation Holiday Craft Fair, Nov. 24, 25, 2007.

 

·                   Beacon Recreation Halloween Parade, Sunday, Oct. 28 beginning at 12 noon at Peace Park, Main and South Ave., east to Verplanck.

 

·                   Beacon Recreation and. BBA Halloween Festival car show, Sunday October 28, Henry Street parking lot after the parade, to 5 P. M.

 

·                   2nd Saturday Event - Ziyah Gafic of Sarajevo, Bosnia, will have his first U.S. exhibit at Fovea Exhibition Gallery at 143 Main St.

 

·                  From November 10 through Jan. 6. Opening reception will be Nov. 10 from 4 to 8 p.m.

 

·                  Go North Gallery - "Northern Light" by Celeste fichter, Nov. 6 to Dec. 2. Reception November 10 from 6 to 9 P. M.

 

City Administrator Joseph Braun's Report of Activities

The reconstruction of Melio Bettina and North Brett continues.  New sidewalks are being poured and the utilities work completed.

 

The engineer has started design on Spring Valley Street down to Union. The section from Union to Wolcott will be completed as a separate project once a decision is made on its layout.

 

The engineer needs a decision on the Main Street trees by January 15 to insure the project can restart in April. Meetings should be scheduled and decisions made with that date in mind.

 

Plans for the water line replacement on Mountain Lane are complete and will be out for bid next week.

 

RFQ's for the GIS mapping of the city's Stormwater system have been reviewed. Interviews will be scheduled with the finalists.

 

Several meetings have been held with federal District. Judge Brieant on the lawsuit of former Chief Sassi.

 

Water department staff continue to spend time contacting recalcitrant water customers who have not allowed the City to change their meters. I would like to discuss this at the next workshop since these customers are being subsidized by those who have had their meters changed.

 

Amounts Realized in Report Period

 

68,686.50

Days in Report Period

 

30.00

Daily Realized Revenue

 

2,289.55

Projected Revenue for the Period

 

73,486.11

Realized Revenue for the Period

 

68,686.50

Report Period Shortfall

 

(4,799.61)

Year to Date Realized Revenue

 

603,289.00

% of Projected Revenue Realized

 

67%

Projected Revenue Sludge/Septage (gal/month)

673,068

67,307.00

Projected Revenue Leachate (gal/month)

120,000

7,200.00

Realized Revenue Sludge/Septage

 

54,737.00

Realized revenue Leachate

 

13,950.00

 

Water Supply Status - Well #2 is operating at the present time in conjunction with Fishkill

 

Reservoir Levels/Feet Below Spillway

 

PRESENT

        LAST REPORT

LAST YEAR COMP.

Cargill

12     0"'

              10' 6"

5'   0"

Melzingah

12'   0" OFF

               13'                    6"

R.O.

Mt. Beacon

       8' 0"

            6'  6"

Full

 

 

 

 

 

Water/Sewer Department - November 2, 2007

 

1.      Water samples were collected for microbiological examination by Environmental Labs of Marlboro, New York.

 

2.    Water lines were located on: Violet Drive, Wolcott Avenue, VanKleeck Avenue, Caroline Street, Church Street, North Brett Street, Main Street, Mountain Lane, East Main Street, Delavan Avenue, St. Lukes Place, Spring Valley Street, Scofield Place, Rombout Avenue, South Avenue, Vail Avenue, Dinan Street, Slocum Road, Sargent Avenue and Tioronda Avenue.

 

3.      Assisted contr