Minutes

City of Beacon Council Meeting Minutes

January 22, 2008

 

REGULAR MEETING

 

The regular meeting of the City of Beacon Council held at the Municipal Center, One Municipal Plaza on January 22, 2008 was called to order at 7: 30 p.m. by Mayor Steve Gold with the Pledge of Allegiance to the Flag.

 

Council Member Present:                                 Steve Gold, Deanna Leake, Charles Kelly, Eleanor Thompson, Marlene Fredericks, Randy Casale and *Sara Pasti (arrival noted)

 

Also in attendance were:                                  City Attorney Richard Wolf

 

Media represented by:                                     Goldee Greene, Beacon Free Press

 

Note:                                                                Resident Clark Gebman recorded the meeting with his personal camcorder for his personal use.

 

Residents at beginning of meeting:                  20

 

Public Hearings:

 

1.  Public Notice of Hearing City Code 219-15c.  Mayor Steve Gold Read Local Law

 

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, January 7, 2008 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 Amend Beacon City Code Chapter 219 Water By Amending §219-15 & §219-29.

 

Mayor Steve Gold read the following, which is the law referred in the hearing above:  This will give the residents a better understanding of the Amended Law and what is being voted on:

 

BE IT ENACTED by the City Council of the City of Beacon as follows:

SECTION 1. TITLE

This local law shall be entitled, "Amendment to Beacon City Code Chapter 219 Water By Amending § 219-15 and §218-29."

SECTION 2. PURPOSE AND INTENT

WHEREAS, the City of Beacon City Council has passed a directive to the Water Department to convert all water meters to a radio read water meter and to have same installed at every location served by the City of Beacon Water Department, and

WHEREAS, certain property owners have not allowed their meters to be converted as required, and

WHEREAS, the failure to allow the installation of the radio read water meters has caused additional expense to the City. In order to recoup these expenses, there is imposed a 15% penalty on water bills until the radio read water meters are installed.

SECTION 3. NEW SECTION

Beacon Code Chapter 219 is amended as follows:

219-15. Supply and Installation of Meters; Deposit, is amended to read by adding a Subsection C as follows:

§219-15-C. Any property owner or owners who has/have not allowed the installation of radio read water meters as of the date of passage of this Local Law shall be surcharged a penalty of 15% on each and every water bill until such time as the radio read water meter has actually been installed. This penalty can be appealed to a due process hearing pursuant to Chapter 34.

219-29. Establishment of Schedule; is hereby amended to add a new subsection A. (4) as follows:

219-29.A. (4) Penalty of 15% on each and every water bill on property without radio read water meters until such time as the radio read water meters are actually installed.

This local law shall take effect immediately upon its filing with the Secretary of State.

 

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 Municipal Center for inspection during regular business hours.

 

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:  None

 

Motion to close Public Hearing:  Council Member Thompson.  Seconded:  Council Member Kelly.  All voted in favor.  Motion carried.

 

2.  To Regulate the Sale and Use of Outdoor Furnaces in the City of Beacon.

 

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

 

Public Hearing Comments:

 

Dennis Pavelock read what the increases in some home heating costs.  He also read a comment from a person who had a wood-burning stove who saved almost $500.00 on a $1000.00 bill.  If used properly it will not cause more smoke.  People in Beacon should be allowed to use alternate sources of heat.

 

No further comments:

 

Motion to adjourn:  Council Member Casale.  Seconded:  Council Member Kelly.  All voted in favor.  Motion carried.

 

Community Segment:  Speaker:  Lt. Dowd from the Police Department.

I want to share with you how we got to this point and where we are right now.  We contracted with Mike Carpenter to assist in the accreditation standards of the policy manual.   We started this procedure back in January.   I sat down with Capt. Scofield and we spoke about the policies recommended by the DOJ.  In Nov. Capt Scofield sat down with the DOJ to see what progress we made so far.  They made some suggestions. We also have a policies manual in place.  The next step is that it should be approved by the city council.

 

Lt. Dowd answered questions asked by the council.

 

Mayor Steve Gold and the council thanked Lt. Dowd for his informative presentation.

 

Mayor Steve Gold asked for the approval of the following minutes:

 

Council Meeting – 12/03/07

 

Motion to accept Council Meeting Minutes:  Council Member Casale.  Seconded:  Council Member Thompson.  All voted in favor.  Motion carried.

 

Council Meeting – 12/17/07

 

Motion to accept Council Meeting Minutes:  Council Member Casale.  Seconded:  Council Member Thompson.  All voted in favor.  Motion carried.

 

Reports:  Text from the following reports for January 22, 2008 is at the end of these minutes.

 

Mayor's Communications read by Mayor Steve Gold.

City Administrator Report of Activities

City Attorney Report of Activities – 1st Meeting of the Month

County Legislator, John Foreman

Mayor Steve Gold read his report of activities

Council Members read their Reports of Activities

 

First Opportunity for Public Comments:  Pertaining to This Agenda Only

 

Clark Gebman:  I hope this council does something about my long list of requests.  I have been waiting to follow-up with the new administrator on the long list of requests.  I can't wait any longer and I hope this council employs someone that will help me get the files pertaining to all the items I requested.

 

Carl Villegas:  If you are not going to issue tickets what is the sense of having the law.  The operator of the plow says that he calls someone when there is a problem but no one comes out.  It should not be like that.  I have seen fire trucks that cannot get down the street.  I keep telling people to get off the street.

 

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.   Adjourned on 10/01/07, 10/15/07, 11/05/07, 11/19/07, 12/03/07, 12/17/07 and 01/07/08  (Planning Consultant Working on Specifications for Special Use Permit):  Second Reading:

 

Public Hearing and this resolution will be adjourned until specifications for special use permit are completed by Planning Consultant.

 

2.  Resolution No. 07 for 2008 - Law to No. 01 of 2008 - Amend Beacon City Code Chapter 219 Water by Amending  §219-15 and §219-29 Tabled: 01/07/08.  SECOND READING:

 

Mayor Steve Gold:  asked for a motion to waive Second Reading of this amendment to the law because he read it during the Public Hearing at the start of this meeting.

 

Motion to waive second reading:  Council Member Casale.  Seconded:  Council Member Leake.  All voted in favor.  Motion carried.

 

Motion to adopt local law to amend Beacon City Code:  Council Member Casale.  Seconded:  Council Member Leake.  On roll call, all voted in favor.  Motion carried.

 

 

*NOTE: Council Member Pasti arrived to the meeting.  (Specific time not noted.)*    

 

NEW BUSINESS

 

Resolutions:

 

1.  Resolution No. 08 of 2008 - Authorize Mayor to Accept Bid and Execute Contract with Residuals Management Services, Inc. dba Earth Care, Vernon, NJ for a Five Year Contract for Beacon STP Sludge Cake City of Beacon.  Read by Mayor Steve Gold.

 

RESOLVED, that the Mayor be authorized to accept the lowest responsible bid submitted Residuals Management Services, Inc., dba Earth Care, Vernon, NJ and be it further

 

RESOLVED, that the Mayor be hereby authorized to execute a contract with Residuals Management Services, Inc., dba Earth Care, Vernon, in the amount of $83.24 for a Five Year Contract per Ton Cost for the Beacon STP Sludge Cake.

 

Motion to authorize mayor to accept bid and execute contract:  Council Member Casale.  Seconded:  Council Member Fredericks.  On roll call, all voted in favor.  Motion carried.

 

2.  Authorize Mayor to Execute Settlement Agreement and Release (Piacente v. City of Beacon).  Regarding Jennifer Piacente in Buddenhagen, ET AL, V. City of Beacon and Piacente V.  (The Piacente Litigation):

 

WHEREAS, there is pending litigation between Jennifer Piacente (“Piacente”) and the City of Beacon, as part of a Federal Court Action entitled Buddenhagen, v. City of  Beacon, 04-CV-290  (SCR); and

WHEREAS, Piacente has brought a separate retaliation action against the City of Beacon entitled Piacente v. City of Beacon 07CV 8644 (SCR); and

WHEREAS, the City of Beacon has denied Piacente’s allegations; and

WHEREAS, the City of Beacon has brought a pending disciplinary proceeding against Piacente, and

WHEREAS, the City of Beacon and Piacente have agreed to settle all the foregoing matters as set forth in a Settlement and Confidentiality Agreement With General Release in order to resolve the foregoing and terminate actions and proceedings;

RESOLVED, that the Mayor be authorized to execute the Settlement and Confidentiality Agreement With General Release between the City of Beacon and Jennifer Piacente.

 

Motion to move this resolution to the end of the meeting because it requires discussion at an Executive Session.  Council Member Thompson.  Seconded:  Council Member Fredericks.  All voted in favor.  Motion carried.

 

Votes from the Executive Session, which took place prior to the conclusion of this meeting, began at 9:30 p.m. and ended at 9:50 p.m.:

 

Motion to authorize Mayor to Execute Settlement Agreement and Release (Placente v. City of Beacon).

There were six votes against and Council Member Pasti abstained.  With six (6) votes against and one (1) abstention, motion was defeated.

 

3.  Resolution No. 09 of 2008 - Approve of Mayor’s offer of Appointment to Meredith Robson as City Administrator, subject to a proposed contract of employment.

 

RESOLVED, that City Council hereby approves the Mayor’s offer of appointment to Meredith Robson, subject to a contract of employment, as City of Beacon City Administrator.

 

Motion to approve mayor's offer of appointment to Meredith Robson as City Administrator:  Council Member Kelly.  Seconded:  Council Member Thompson:

 

Discussion:

 

Council Member Kelly:  Explained in detail the procedure that he followed to select this person.

 

Motion to Enter Executive Session Personnel Issue at 8:35   Council Member Casale.  Seconded:  Council Member Fredericks.  All voted in favor.  Motion carried.

 

Motion to End Executive Session:  at 8:45:  Council Member Kelly.  Seconded:  Council Member Leake.  All voted in favor.  Motion carried.

 

Discussion:

Council Member Leake:  I am not saying that she is not qualified; I am saying that she is not from this area.

 

Council Member Thompson:  I did not meet this person.  We did a lot of bonding in Beacon.  I think that Miss Robson can do some planning.  I want to say that I asked for many years about the city administrator living in Beacon, we all asked about that.  I was told that we could not find anyone to come here to do that job.  I felt that they should live in the City of Beacon but that was denied.  I will vote yes for Miss Robson because she is qualified.

 

Council Member Kelly:  I believe that you go for the best talent that you can.  This is what we strive to achieve.  We look for the best person for the job with professional credentials.  It is not saying that Beacon does not have good candidates.  We wanted the best and believe that this person is the best and has the skills and talents that are required.  It really comes down to the Mayor's decision.  We are approving of the Mayor's appointment.  Unless there is something really wrong with the candidate, I strongly support this candidate.

 

Mayor Steve Gold:  We really did interview a lot of people and it came down to three candidates.  I heard Miss Robson speak and heard what she could offer to the City of Beacon. After learning about her background, none of the other candidates had the knowledge that she has.  I am so positive that she will be one of the best Beacon Administrators.

 

Council Member Casale:  I want to say that she has a wealth of experience and an extensive financial background.  But, I cannot vote for someone that lives in another state.  I feel that this position should stay in the state of New York.

 

Council Member Pasti:  Beacon does not have that requirement where they have to live in Beacon.  We hope that they will relocate if they do not live in Beacon.  Is that person going to do a good job for Beacon to deal with the issues that we have?  I think that Meredith will take us to a place where we should be.  I recommend her highly.

 

On roll call, there were five (5) votes in favor and Council Members Casale and Leake voted against (2).  On a vote of five in favor and two against, motion carried.

 

Meredith Robson:  Thanked everyone for the opportunity to work with Beacon.  I will commit to all of you that I will give you my utmost.  Thank you again.  Thank you very much.

 

Local Laws And Ordinances:

 

1.  Resolution No. 10 of 2008 - Proposed Local Law to Amend Subsection A of Section 211-16 of the Beacon City Code to Increase the Fines for Parking Vehicles on City of Beacon Public Streets and Roads after an Accumulation of Snow of Two or More Inches.  Set Public Hearing for Monday, February 4, 2008 First Reading:  Read by Mayor Steve Gold.

 

Motion to set Public Hearing for February 4, 2008:  Council Member Thompson.  Seconded:  Council Member Fredericks.  All voted in favor.  Motion carried.

 

Comment:

Council Member Casale:  Should "may be removed" be changed to "will be removed"?

Attorney Wolf: Using "May" allows discretion.

 

All voted in favor.  Motion carried.

 

2.  Resolution No. 11 of 2008 - Proposed Local Law to Add Section 211-16.2 to the Beacon City Code to Prohibit Snow Blowing or placing Snow or ice onto the City of Beacon Public Streets and Roads and to set fines therefore.  Set Public Hearing for Monday, February 4, 2008.  First Reading:  Read by Council Member Thompson.

 

Motion to set Public Hearing for February 4, 2008:  Council Member Casale.  Seconded:  Council Member Leake.  All voted in favor.  Motion carried.

 

Ratifications / Appointments:

 

1.  Resolution No. 12 of 2008 - Approval of Mayor's re-appointment of City of Beacon Director of Finance

 

RESOLVED, that City Council hereby approves the Mayor’s re-appointment of Toni J. Tracy as City of Beacon Director of Finance.

 

Motion to re-appoint Toni J. Tracy as Director of Finance:  Council Member Casale.  Seconded:  Council Member Thompson.  On roll call, all voted in favor.  Motion carried.

 

2.  Resolution No. 13 of 2008 - Planning Board

 

APPROVE appointment of John Gunn – for a three-year term on the Planning Board.  Term to expire 12/31/10.

 

Motion to appoint John Gunn to Planning Board:  Council Member Kelly.  Seconded:  Council Member Pasti.  On roll call, all voted in favor.  Motion carried.

 

3.  Resolution No. 14 of 2008 - Conservation Advisory Commission

 

APPROVE appointment of Roberta Marsh to the Conservation Advisory Commission for a two-year term expiring December 31, 2009.

 

APPROVE appointment of Chris Ruhe to the Conservation Advisory Commission for a two-year term expiring December 31, 2009.

 

APPROVE appointment of Phil Shea to the Conservation Advisory Commission for a two-year term expiring December 31, 2009.

 

Announcement: Tom Baldino -Chairman

 

Motion to approve appointments:  Council Member Kelly.  Seconded:  Council Member Thompson.  All voted in favor.  Motion carried.

 

4.  Resolution No. 15 of 2008 - Human Relations Commission - Two Year Terms – Term to Expire 12/31/09

 

APPROVE appointment of Malcom Attaway to the Human Relations Commission for a two-year term.  Term to Expire 12/31/09.

 

APPROVE appointment of Soma Gupta to the Human Relations Commission for a two-year term.  Term to Expire 12/31/09.

 

APPROVE appointment of Keith Milkove to the Human Relations Commission for a two-year term.  Term to Expire 12/31/09.

 

APPROVE appointment of Fonda Muhammad to the Human Relations Commission for a two-year term.  Term to Expire 12/31/09.  Chair.

 

APPROVE appointment of Dorothy Paulin to the Human Relations Commission for a two-year term.  Term to Expire 12/31/09.

 

APPROVE appointment of Dolores Paterson to the Human Relations Commission for a two-year term.  Term to Expire 12/31/09.

 

APPROVE appointment of Gary Perez to the Human Relations Commission for a two-year term.  Term to Expire 12/31/09.

 

Motion to appoint Human Relations Commission:  Council Member Thompson.  Seconded:  Council Member Fredericks.  All voted in favor.  Motion carried.

 

5.  Resolution No. 16 of 2008 - Zoning Board of Appeals

 

APPROVE appointment of John Dunne to the Zoning Board of Appeals for a three-year term expiring December 31, 2010.  First appointed August 1993.

 

APPROVE appointment of Richard Kish to the Zoning Board of Appeals for a three-year term expiring December 31, 2010.  First appointed August 1995.

 

Motion to appoint Zoning Board of Appeals:  Council Member Casale.  Seconded:  Council Member Pasti.  All voted in favor.  Motion carried.

 

6.  Resolution No. 17 of 2008 - Recreation Commission Three Year

 

APPROVE appointment of Shannon Washington to the Recreation Commission for a three-year term.  Term to expire 12/31/10

 

Motion to appoint Recreation Commission:  Council Member Kelly.  Seconded:  Council Member Thompson.  All voted in favor.  Motion carried.

 

Final Opportunity for Public Comments:

 

Lou Amoroso, 40 Vale Ave:  Back in November there was a big issue made of giving 10 or 20 % to the volunteers to the fire department.  Some of them do not own property in the state so they end up getting nothing.  Something should be done for the young volunteers who do not yet own property.  There should be an incentive for them to volunteer.

 

Mayor Steve Gold:  I am suggesting that we put this on the workshop on how we can get volunteers to work for the fire department.

 

Clark Gebman:  At the last planning board meeting I asked them to restore my application.  I was prevented from talking about the water coming across my property.  I said that I was not prepared to surrender my constitutional rights that evening.  I will go to my grave before I will allow this city to trample my civil rights.

 

Dennis Pavelock, 34 Judson Street - Happy New Year to you all.  I walked on Melio Bettina Place.  We had a problem hiring people to do that street.  I want to thank Tony Furco for fixing the sign on Judson Place.  The gas lines shouldn't be dug up after the streets are done.  Thank you for your time.

 

Cathy Deutermann:  I am here t talk about community watch but I will talk about the snow ordinance.  If we enforce what is on the books it may solve the problem.  My street is terrible.  On the other hand, the city should not be putting boulders on our sidewalks when they plow.  We will have a community watch meeting in two weeks. 

 

Budget Amendments requiring Council Action for January 22, 2008 submitted by Toni Tracy, Financial Director.

 

1.   Amend the General Fund Balance for the Attorney Department (Code: A 1420.450406)

in the amount of $174. This is to cover the following expenses for the case of Tarshis, Catania, Liberth in the case of Richard Sassi II.

 

Motion to amend the general fund balance:  Council Member Thompson.  Seconded:  Council Member Kelly.  On a roll call vote, all voted in favor.  Motion carried.