Minutes
City of
REGULAR MEETING
The regular meeting of
the City of
Council Members in Attendance were: Clara
Lou Gould, Elizabeth Foster, Charles Kelly, Phil Shea and Steve Gold.
Excused: Eleanor
Thompson
Absent:
Resigned Effective
Also in attendance were: City
Administrator, Joseph Braun
City
Attorney, Gerard Pisanelli
Media Represented by: Goldee
Greene, Beacon Free Press
Leigh
Gomez,
Residents in Attendance at beginning of meeting: 40
Public Hearings:
1.
Proposed Local Law
to add a new Section 22.1 to Chapter 191 of the Beacon City Code for the
Installation of Water and/or Sewer Utilities on City Streets Created by
Prescription. 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, October 15, 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 Add a New Section 22.1 to Chapter 191 of the Beacon City
Code for the Installation of Water
and/or Sewer Utilities on City Streets by Prescription.
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.
Hearing Public Comments:
City Attorney
Pisanelli: The street was
maintained by the city for a number of years. It was never made officially a city
street. What this law would do is
allow the residents to petition the city to put in sewer lines and the cost
would be spread over a ten-year period and paid for by the homeowner. Once the lines are installed, the city
will maintain those lines.
No further comments.
Motion to close Public
Hearing: Council Member
Foster. Seconded: Council Member Shea. All voted in favor. Motion carried.
2. To
Regulate the
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City of
Beacon will hold a public hearing on Monday, October 1st, 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 Regulate
the Sale & Use of Outdoor Furnaces in the City of Beacon.
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
Public Comments:
Dennis Pavelock,
Lou Amoroso: You say that this only pertains to
outdoor furnaces. I have a question
regarding what the
Mayor Gould: That is not an outdoor furnace. An outdoor furnace is a furnace that is
the size of a shed and is placed outside your house.
City Attorney: This will not be voted on this
evening. We will discuss this at
our next workshop.
No further Comments.
Motion to adjourn to
next Workshop: Council Member
Shea. Seconded: Council Member Kelly. All voted in favor. Motion carried.
3.
Proposed Local Law Amending Article 3, Section 3.02 of the Charter of the City of Beacon to provide that
the City Administrator serves at the Pleasure of the Mayor for a term of four
(4) years, such term commencing by appointment of the Mayor at the beginning of
the Mayor’s Term of office.
Adjourned on
The following email from
Council Member Kelly was received by City Attorney Pisanelli dated
Jerry
Thank you for sending the Attorney's opinion about the term
of office for a public officer. A closer look at the existing Charter seems to imply that the Mayor already has the power to
appoint a City Administrator without removing an Administrator.
A mere clarification of the Charter I think will make evident that
the Mayor currently has this power by adding the words, Any newly elected Mayor shall appoint a City Administrator
subject to an affirmative vote if a majority of the Council members Section 1.
Article 3, Sec. 3.02A.
Since the above words only clarified and
recognizes existing power, there would be no need to have a referendum. If the Council insists on a referendum
in order to have the people reaffirm its support for a strong Mayor Administrator Plan of Government and to add
the clarifying language then the language of the referendum should be:
Shall Sec. 1. ARTICLE 3, Sec. 3.02 of the Code of the City of
A. Any newly
elected Mayor shall appoint a City Administrator subject to an affirmative vote
of a majority of the Council members. The City Administrator
shall serve at the pleasure of the Mayor.
Prior to appointment, the City Administrator shall be qualified with a
baccalaureate degree from an accredited college or university and at least one (1) year's special training in public
administration and finance and by at least three (3) years' successful
experience in a responsible executive position in governmental administration,
or by any equivalent training or combination of experience and training
sufficient to indicate capacity for effective governmental administration. The City Administrator shall attend all Council meetings
and shall have the right to take part in discussion, but may not vote.
Motion to withdraw: Council Member Kelly. Seconded: Council Member Shea. All voted in favor. Motion carried.
Community
Segment: Kathy Martin - Tax Assessor
City Administrator
Joseph Braun: At the last meeting I
presented the budget. Because of
the reval, some people will go up and some will go down. I prepared a scale of the
increase/decrease that I will distribute to you. This only covers single-family
residences. The following are the
results of our reval:
|
Number Decreased |
Percentage of Decrease |
Number Increased |
Percentage of Increase |
|
7 |
30% |
739 |
10 TO 20% |
|
54 |
30 TO 20 |
538 |
20 TO 30% |
|
210 |
20 TO 10% |
255 |
30 TO 40% |
|
428 |
10 TO 0% |
110 |
40 TO 50% |
|
596 |
0 TO 10% |
59 |
50 TO 60 % |
|
|
|
20 |
60 TO 70% |
|
|
|
31 |
70% |
Kathy Martin: The reason for the reval is to make sure
everything was assessed fairly.
There was a lot of vacant land that was under assessed. We are assessing to market value. The vacant land did see an increase
because a lot of the land was undervalued.
Another dramatic change was some of the utility properties. The State gives us the values. Any land that it sits on, we
evaluate. The market has increased
greatly in the City of
The Board of Assessment
will meet again in May of 2008. If
anyone has any question now, they can contact me in my office. At the end of the six-year period, we
need to look at all the properties again.
We check data and verify that we have looked at all the properties. We are now going out and checking all
the sales. We are still seeing a
lot of sales. There was a coalition
of 8 towns that participated in this project.
Kathy Martin answered
many questions from the council and the residents.
The council thanked
Kathy for her presentation.
Mayor Clara Lou
Gould asked for a motion to approve the following Council Meeting Minutes:
Special Meeting – 09/24/07
Council Meeting – 10/01/07
Motion to approve
minutes: Council Member
Foster. Seconded: Council Member Kelly. All voted in favor. Motion carried.
Reports for
Text from the
following reports for
Mayor's Communications
read by Mayor Clara Lou Gould.
City Administrator
Joseph Braun read his Report of Activities
City Attorney 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
Walter
Castle of
Dear Sir: I
object to the use of a generic environmental impact statement for the proposed
Master Plan. The plan has many
important Social, Planning environmental effects of significance.
The lack of changes in zoning indicated the ridgeity
and ignoring economic and social changes.
At present restrictions of area to residential use only, is contrary to
the rise of home based business, art studios in the home is a past of mixed use
that makes the city vibrant and economically viable.
Many more issues and alternatives must be considered in
a full environmental impact statement.
Clark
Gebman: Voiced his objections as to
how the Comprehensive Plan was created.
He said that all homeowners were not treated fairly.
Lou
Amoroso,
City
Attorney: This will be further
discussed at the next workshop.
No further comments.
UNFINISHED BUSINESS:
Resolutions:
Local Laws And
Ordinances:
1. Resolution No. 162 of 2007: Proposed Local Law No. 12 of 2007 - to add a new Section 22.1 to Chapter 191 of the
Beacon City Code for the Installation of Water and/or Sewer Utilities on City
Streets Created by Prescription. SECOND
BE IT ENACTED by the City
Council of the City of
SECTION 1. TITLE
This local law shall be entitled, “A Local Law to add a new
§22.1 to Chapter 191 of the Beacon City Code for the installation of water
and/or sewer utilities on City streets created by prescription.”
SECTION 2. INTENT AND PURPOSE
The purpose and intent of this local law is to allow for the
installation of water and/or sewer utilities on City streets created by
prescription.
SECTION 3. AMENDMENT
The new §22.1 to Chapter 191 of the
Beacon City Code shall read as follows:
§191-22.1 Installation of water and/or sewer utilities on city
streets created by prescription.
In the event that all owners of parcels of real property located on a
city street created by prescription petition the City to replace and upgrade
the water and/or sewer utilities servicing said properties, the city will
undertake the replacement and upgrade of said water and/or sewer utilities and
charge the owners who are benefited their proportionate share of said
costs. By petitioning the City, the
said owners understand and agree that the City Council shall, in its annual
budget, allocate sufficient funds to finance the replacement of said water
lines and/or sewer lines, which shall be repaid by the landowners, with
interest over a ten year period.
This water and/or sewer line loan shall become a lien against the improved
property and shall be repaid in full in the event that the property is sold or
transferred. Once the water and/or
sewer line has been installed, the City will maintain said water and/or sewer
line.
SECTION 4. EFFECTIVE DATE
This local law shall take effect immediately upon its filing with the
Secretary of State.
Motion
to adopt local law: Council Member
Foster. Seconded: Council Member Gold. On a roll call, all voted in favor. Motion carried.
2. To
Regulate the
Motion to table: Council Member Shea. Seconded: Council Member Gold. All voted in favor. Motion carried.
3. Amending
Article 3, Section 3.02
of the Charter of the City of Beacon to provide that the City Administrator serves
at the Pleasure of the Mayor for a term of four (4) years, such term commencing
by appointment of the Mayor at the beginning of the Mayor’s Term of
office. Tabled on October 1, 2007.Withdrawn.
Motion to withdraw: Council
Member Kelly. Seconded: Council Member Gold. All voted in favor. Motion carried.
NEW BUSINESS
Resolutions:
1.
Resolution No. 163 of 2007 - Traffic & Safety Committee Ratifications Approve Installing a
WHEREAS, the Traffic
Safety Committee has held a public hearing in the City of Beacon on Monday,
October 15, 2007 to receive public input for:
“Installing
a four-way stop at the Intersection of Howland Avenue/East Main
Street/DePuyster Avenue traveling in all Directions.”
NOW, THEREFORE, BE IT RESOLVED, that the determination of the Traffic Safety
Committee to require the following actions be hereby ratified to:
“Installing
a four-way stop at the Intersection of Howland Avenue/East Main
Street/DePuyster Avenue traveling in all Directions.”
Motion to approve
Traffic and Safety Committee Recommendation: Council Member Foster. Seconded: Council Member Shea.
Mayor Gould: I agree that we should have a sign before
the stop sign that reminds people that there is stop sign ahead as John Berry
suggested.
On a roll call, all
voted in favor. Motion carried.
2. Resolution No. 164 of
RESOLVED, the City
Council authorizes the Beekman Street Banner Project, consisting of
approximately seventeen (17) double sided high quality printed banners with
individual artist’s work on each side on light poles along Beekman Street
from the railroad bridge to 9D to be subject to Dutchess County Arts Council
approval.
Motion to approve: Council Member Kelly. Seconded: Council Member Gold. On a roll call, all voted in favor. Motion carried.
3.
Resolution No. 165 of 2007 - Authorize the Issuance of Corrected 2007 Real Property Tax Bill for
WHEREAS, the 2006 taxable assessed value
of the real property located at 17
Cliff Street, Grid No. 5954-27-769920, owned by Jacqueline Weissner should have
been reduced due to their having satisfied the amount re-levied for unpaid
water in this office on December 27, 2006, and
WHEREAS, the re-levied unpaid water in
the amount of $81.99 should be withdrawn, and
WHEREAS, the amount levied for taxes was
$1,734.87 which should have been $1,652.88, 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 $1,734.87 improperly billed to Jacqueline Weissner be withdrawn and a
corrected tax bill in the amount of $1,652.88 be issued to Jacqueline Weissner,
the owner of real property located at
RESOLVED, that a refund in the amount of
$ 81.99 be issued to Jacqueline Weissner, owner of the real property at
Motion to authorize the
issuance of corrected Tax Bill:
Council Member Foster.
Seconded: Council Member
Gold. All voted in favor. Motion carried.
4. Reimbursement to Homeowner for Sewage Damage. Read by City Administrator, Joseph
Braun.
Motion to reimbursement
for Sewage Damage: Council Member
Gold. Seconded: Council Member Kelly.
Discussion:
City Attorney Gerard
Pisanelli: This resolution appears
to be too broad.
Motion to amend: Council Member Gold. Seconded: Council Member Shea. All voted in favor to amend. Motion carried
Motion to approve
reimbursement to homeowner for sewage damage as amended: Council Member Gold. Seconded: Council Member Kelly.
Further
Discussion:
City Attorney
Pisanelli: A local law needs to be processed in two
steps.
If you are doing this
for one particular person, it has to be discussed at a workshop.
Council Member Gold: It's
just that George Mansfield was in front of the council for a long time.
Council Member Kelly: Are you
suggesting that we come up with a resolution for those residents that were
affected by the last storm?
City Attorney Pisanelli: This
resolution should be rewritten to include the individuals that were
affected. This should actually be a
local law.
Council Member Gold: I
understood that we were going to do a resolution specifically for Mr. Mansfield
and another would be a local law.
Can we go forward with this to be effective immediately?
Council Member
Foster: This resolution is very broad. I prefer to go to a local law and
research what the impact to the city is.
Council Member Gold: When it
is no fault of the homeowner and sewage goes into their basement, the city
should be held responsible.
Council Member
Kelly: We should provide the insurance company
with the most accurate information so that it is covered.
Council Member Gold: I would
be in favor of tabling this to a workshop.
Motion to table to
Workshop: Council Member Gold. Seconded: Council Member Foster. On a roll call, all voted in favor to
table except for Council Member Kelly who voted against. With a vote of 5 “yes” votes
and one “no” vote motion to table was carried.
5.
Resolution No. 166 of 2007 - Set Public Hearings:
Public Hearings at the
Motion to set Public
Hearings on the above dates for Comprehensive Plan and Draft: Council Member Gold. Seconded: Council Member Foster. All voted in favor. Motion carried.
Local Laws And
Ordinances:
Ratifications:
Announcements:
1.
Beacon Housing Authority Appointment
– Jerry Austin
2.
Reminder: Comprehensive Planning
Committee – Public Information Meeting set for
Last
Lou Amoroso: Is the reimbursement for sewage for this one individual? Answer: It will be discussed in general and for this one particular person. Is this for anyone who has a problem and should people be told about this?