CITY COUNCIL PUBLIC HEARING

Minutes

City of Beacon Council Meeting

February 4, 2008

NEW SEGMENT

Mayor Steve Gold: I hope you appreciate and enjoy our new segment that we are adding to the meetings which consists of thirty (30) minutes. The way the council meetings were held in the past, you could only make general comments at the end of the meeting. The council has agreed to this new arrangement. You are welcome to come forward and have three minutes to give your comments on any subject.

Public Comments: Pertaining to any item. Maximum time segment is thirty (30) minutes. Maximum time for individual public comment is 3 minutes.

Comments contain a brief synopsis of what the residents say at the podium. If you would like your comments posted in more detail in the minutes, please submit them to the recording secretary in writing.

Jim LaColla: This is about the public hearing for increasing the fines for parking cars on the street when it snows. The only way to handle this is to tow the vehicles that do not comply. Increasing the fines sounds good but when you find a number of people pleading not guilty, you will not have a large amount of staff that is required to answer these "not guilty" pleas. One towing company can never handle the towing that is necessary. You might want to ride with Zep to see what an arduous job this is. About blowing snow into the street, that should be done.

Mayor Gold: Since this is an item on the agenda, it could have been discussed in the first opportunity for public comments on the agenda. I will let it go this time.

Lou Amoroso: Last week I spent quite a bit of time for the fire fighters getting a rebate on their taxes. At that time I brought up the fact that young volunteers do not own property. Now I find that the 10% is only on the first $3000.00. What kind of a savings is this?

Mayor Steve Gold: We have to look into this.

Mike DiPompo: I am speaking on behalf of my mother, Betty. When you do the budget try to hire 2 new dogs for the Police Department.

Vane Lashua: A couple of weeks ago I heard you say an oath for the mayor and the council. That means you will enforce the law when you are called upon if you witness something that is illegal. You agree to turn this information over to the proper authorities. I am here to turn over to you a resolution to impeach President George Bush and Vice President Richard B. Cheney. I have a petition with 50 signatures. This is not a matter of politics or judgment. There is evidence galore to ask our congressmen who are the only ones that we can ask to impeach the president and vice president. The City of Beacon spent $35,000000.00 since March of 2003. That money has not gone to the City of Beacon.

The following is a copy of the Resolution to Impeach:

Resolution to Impeach

President George W. Bush and Vice President Richard B. Cheney

WHEREAS, George W. Bush and Richard B. Cheney have acted in a manner contrary to their oath and responsibility as President and Vice President of the United States, subversive of Constitutional government to the great prejudice of the cause of law and justice, and to the manifest injury of all the people of The United States of America; and specifically of the citizens of

The City of Beacon, New York; and

WHEREAS, George W. Bush and Richard B. Cheney conspired with others to defraud and deceive the Congress, the People and allies of the United States, and the United Nations regarding the military threat from Iraq and its purported involvement in the attack of September 11, 2001 in order to justify the invasion of Iraq in violation of Title 18 United States Code, Section 371; and

WHEREAS, George W. Bush and Richard B. Cheney have spent over $630,000,000,000 in emergency funding beyond any planned and normal expenditure for the Defense of the United States and have thus cost the people of the City of Beacon alone over $35,000,000; beyond this reckless misallocation of financial resources, George W. Bush and Richard B. Cheney have cost the lives of over 3900 Americans, disrupted the communities and families of these and the 20,000 Americans suffering permanent, disabling injury; and have caused the displacement of millions of Iraqi civilians in the egregious, on-going perpetration of these illegal acts;

WHEREAS, George W. Bush has admitted to ordering the National Security Agency to conduct electronic surveillance of American civilians without seeking warrants from the Foreign Intelligence Surveillance Court of Review, duly constituted by Congress in 1978, in violation of Title 50 United States Code, Section 1805; has ordered indefinite detention of American citizens without access to legal counsel, without charge, and without the opportunity to appear before a civil judicial officer to challenge the detention, all in subversion of law; and with Richard B. Cheney and others allied, has conspired to enable torture of prisoners in violation of the "Federal Torture Act" Title 18 United States Code, Section 113C, the UN Torture Convention and the Geneva Convention, which under Article VI of the Constitution are part of the "supreme Law of the Land"; and

WHEREAS, George W. Bush and Richard B. Cheney, despite clear warnings and direct first-hand reports, failed to act responsibility under federal law to prepare for and mobilize resources to respond to natural threats to civil property and lives, resulting in unnecessary personal suffering specifically by citizens least able to fend for themselves, specifically in regards to politically motivated appointment of officeholders without regard to their qualifications, and specifically in regards to the irresponsible misallocation of resources in the acts mentioned above;

WHEREAS, Petitions from the country at large may be presented by the Speaker of the House according to Clause 3 of House Rule XII;

Be it resolved that George W. Bush and Richard B. Cheney, by such conduct, warrant impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States;

Be it resolved further that Senator Charles W. Schumer, Senator Hillary Rodham Clinton, and Representative John J. Hall of the United States Congress be, and are hereby requested by copy of this Resolution to cause to be instituted in the Congress of the United States proper proceedings for the investigation of the activities of George W. Bush and Richard B. Cheney, to the end that they may be impeached by the House of Representatives and tried in the Senate of the United States according to the laws of the United States, the Rules of the United States Congress and the Constitution;

Be it resolved further that The Clerk of The City of Beacon, New York be, and is hereby, instructed to certify to the Speaker of the House of Representatives, The Honorable Nancy Pelosi, under the Seal of The City of Beacon, New York, a copy of this Resolution and its adoption by The City of Beacon, New York as a petition, and request that this petition be delivered to the Office of the Clerk and entered in the United States Congressional Journal. Each copy of this Resolution shall be marked with the word "Petition" at the top of the document and contain the original, appropriate and authorizing signature of The City of Beacon, New York.

[Respectfully Submitted to the Mayor and Council of the City of Beacon,

Carl Vane Lashua, 95 Liberty Street, Beacon, New York, February 4, 2008]

Tom Baldino: This is a great thing that is happening in the City of Beacon to be able to express our concerns. We are moving in a forward direction but the federal government is moving in the opposite direction. Whichever party gets in, they will probably follow the same lines. They are taking the choices out of our hands. I also would urge the council to look into this resolution to impeach the president and Dick Chaney.

Dennis Pavelock: Regarding open meeting and sunshine laws regarding executive sessions. If you take action in an executive session it has to be made available to the public. Dennis read the law from a brochure. Results of executive sessions should be made available to the public. I want to thank Mayor Gold for all the work he has done for disaster preparedness.

Roberta Upshaw: I am here on behalf of the petition, and I support it. My daughter is getting married and we have been trying to get University Settlement for her wedding.

Mayor Steve Gold: The council is working to get University Settlement opened and ready to be used as soon as possible. There are nine items that we discussed at the last workshop which are being addressed. The park isn't open now and these items have to be completed before we open but we are working very diligently to open by spring or summer. The council is also working on the programs that we will allow to be held there. The idea of having weddings is something that we will include on our list of things to take place. We will have to look into that and get back to you as early as we can. Have you contacted Colleen, my secretary, about it? Call her and give her the information.

Betty Hawkins: I want to thank the council for setting aside this 30 min for residents' complaints and concerns. I appreciate it very much.

Tom Conroy: I too would be in favor of the impeachment resolution. It does reflect people's concerns. I would ask for Beacon to support this resolution.

Agnes Compagnone: I want to thank you for the forum here. I was born and raised in Beacon. I was impressed with my hometown. After being away for ten years I decided to move back. The one thing that is lacking is that the day care does not stay open from 8:00 to 5:00.

Javeier Aldapon, Jr: I am here to speak for the camp. Once we put our child there he did wonderfully. Every year he looks forward to going back. When you are there it seems that you are in a wonderful place.

Del Robinson: I am here to support the camp program.

Pam Weatherbee: Regarding Hiddenbrooke and University Settlement, do we own or manage?

Mayor Steve Gold: The State owns Hiddenbrooke but we have state rights to manage the property at University Settlement.

Denise Kohli, 32 Treeline Court: I am here to speak of the LionSun Camp as well. Both of my children attend the camp. The camp has helped the children with their creativity. The experiences that they have are something that they cannot get anywhere else.

No further comments

REGULAR MEETING

The regular meeting of the City of Beacon Council held at the Municipal Center, One Municipal Plaza on February 4, 2008 was called to order at 7:30 p.m. by Mayor Steve Gold with the Pledge of Allegiance to the Flag immediately following the new one-half hour segment of community comments.

Council Members Present: Steve Gold, Charles Kelly, Marlene Fredericks, Randy Casale and Sara Pasti

Excused: Eleanor Thompson and Deanna Leake

Also in Attendance were: City Attorney Richard Wolf

Media represented by: Goldee Greene, Beacon Free Press

Residents in attendance: 40

Public Hearings:

1. 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. Read by Mayor Steve Gold.

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, February 4, 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 Subsection A of §211-16 to Increase the Fines for Parking Vehicles on City of Beacon Public Roads and Streets After a Snowfall of Two or More Inches.

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.

Local Law Read by Mayor Steve Gold:

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 OF MORE INCHES”.

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 of More Inches.

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF BEACON AS FOLLOWS:

SECTION 1. TITLE.

This Local Law shall be entitled “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 of More Inches”.

SECTION 2. INTENT.

The City of Beacon finds that compliance by the public with the parking prohibition when there is a snow accumulation of two or more inches is more likely to occur if the fines for violating such prohibition are increased.

SECTION 3. AMENDMENT.

The new Subsection A of Section 211-66 shall read:

Section 211.16. Parking prohibited certain hours; penalty.

It shall be unlawful to place, park or leave any automobile, truck or other vehicle on any public road or street within the corporate limits of the City of Beacon after any fall or accumulation of snow of two or more inches, between the hours of 9:00 p.m. and 7:00 a.m. or when parking on said public road or street obstructs the removal of snow, unless such vehicle is at all times attended by a person legally capable of operating said vehicle. All vehicles left parked in violation of this section may be removed at the owner’s expense. There shall be no parking in municipal lots within 24 hours of posting of it by the City Administrator. The violation of this provision shall constitute a violation and shall be punishable by a fine of $100 for the first offense and $250 for the second and subsequent offenses committed within eighteen (18) months of the first offense.

SECTION 4. EFFECTIVE DATE.

This Local Law shall take effect immediately upon its filing with the Secretary of State.

Mayo Gold: The reason for this law is because many residents have not followed this law and emergency vehicles have a difficult time getting through.

Jim LaColla: Tickets are well and good but they do not work. The system that we use in Newburgh at my job does not have police officers running from one end of town to the other. We call the homeowner and give them thirty minutes to move their vehicle.

Mayor Steve Gold asked him to provide him with a copy of the law in Newburgh. He said he would get a copy for the mayor.

Tom Baldino: I was disappointed a couple of weeks ago. The parking in the city has been going in the wrong direction. This did not take care of the people.

Mike DiPompo: The town of Newburgh is very nice. I understand that if the plow driver calls and the police have an emergency no one responds. I don't see calling someone will help. It looks like big brother is trying to watch you.

Kim Weatherbee: I live on a dead end street and we have a lot of problems with cars. The people get snowed in with twelve feet of snow. It has to be addressed. The cars should be towed and the people should be charged.

Lou Amoroso, 40 Vale Ave.: I hope that you take a couple of things into consideration. Some people don't have sidewalks or driveways. Some streets are wider than others after they are plowed. Some people get more snow on their sidewalks than they got from the storm after the road is plowed. Please take these concerns into consideration.

Carl Vellegas - I feel the same way that these other people do. When cars park illegally when it snows they should have an incentive to get their vehicles off the street. I have four cars and they are taken off the street when it snows.

No further comments.

Motion to close Public Hearing: Council Member Fredericks. Seconded Council Member Casale. All voted in favor. Motion carried.

2. Proposed Local Law Regarding Snow Blowing in the City of Beacon. Read by Mayor Steve Gold.

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that the City of Beacon will hold a public hearing on Monday, February 4, 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 Add §211-16.2 to Prohibit Blowing of Placing Snow/Ice Into City Public Roads & Streets and to Set Fines Regarding the Same.

All interested persons and citizens shall have an opportunity to be heard on said proposals at the date, time and place aforesaid.

Local Law read by Mayor Steve Gold:

LOCAL LAW TO ADD SECTION 211-16.2 TO THE BEACON CITY CODE

TO PROHIBIT BLOWING OR PLACING SNOW OR ICE ONTO

THE CITY OF BEACON PUBLIC STREETS AND ROADS

AND TO SET FINES THEREFOR

Local Law to Add Section 211-16.2 to the Beacon City Code to Prohibit Blowing or Placing Snow or Ice onto City of Beacon Public Streets and to Set Fines Therefor.

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF BEACON AS FOLLOWS:

SECTION 1. TITLE.

This Local Law shall be entitled “Local Law Section 211-16.2 to the Beacon City Code to Prohibit Blowing or Placing Snow or Ice onto City of Beacon Public Streets and Roads and to Set Fines Therefor”.

SECTION 2. INTENT.

The City of Beacon finds that blowing or placing snow or ice onto City of Beacon public streets by mechanical or physical means are hazardous to the health and safety of users of such streets or roads and should be discouraged by appropriate fines.

SECTION 3. AMENDMENT.

The new Section 211-16.2 shall read:

“Section 211-16.2. Blowing of Snow or Ice or Placement Thereof onto City of Beacon Public Streets or Roads Prohibited; Penalty.

It shall be unlawful for any person to blow or place snow or ice onto City of Beacon public streets or roads by mechanical or physical means. The violation of this provision shall constitute a violation and shall be punishable by a fine of $100 for the first offense and $250 for the second and subsequent offenses committed within eighteen (18) months of the first offense.

SECTION 4. EFFECTIVE DATE.

This Local Law shall take effect immediately upon its filing with the Secretary of State.

Mayor Steve Gold: There is a state law that prohibits residents from blowing snow from the sidewalk into the street.

Public Hearing Comments:

Pam Wetherbee, 66 Mead Ave: I am for the fines. I wonder who is going to do it. It is hazardous. I strongly urge this law to go forward. Can the neighbors call in and ask the Police to fine them?

Mayor Steve Gold: I think that the police officer has to witness it taking place.

Tom Baldino, 19 North Street: I do not have a problem parking but I do have to shovel my walk. I don't want to throw salted snow onto my driveway. I want to take care o f my own salted snow and not that of the city.

Resident Brett: Just a quick note. I have a small front yard. Sometimes I throw snow in the road by accident.

Council Member Casale: The law requires that you make your sidewalk passable. You do not have to shovel the entire sidewalk.

Council Member Kelly: We have to put trust in our Police Dept. For anyone who feels that they are being unfairly treated, they can go to court. A certain degree of common sense should be used. The fines are significant. If this does not work, the public can come back to us and we will address it.

Betty Hawkins: Snow blowing into the street is a safety hazard.

Mike DiPompo: My uncle who was a lawyer said, "If everyone did the right thing at the right time, we wouldn't need a law".

No further comments.

Motion to close Public Hearing: Council Member Pasti. Seconded: Council Member Fredericks. All voted in favor. Motion carried.

Community Segment: None.

Approval of Council Meeting Minutes:

Mayor Steve Gold: The packets containing the Council Meeting Minutes did not reach the council members in time so they cannot be approved this evening.

Mayor Gold asked for a motion to table approval of minutes: Council Member Kelly. Seconded: Council Member Pasti. All voted in favor. Motion carried

Reports:

Text for the following February 4, 2008 reports is at the end of these minutes.

Mayor's Communications: None

Mayor Steve Gold read his Report of Activities

Legislator Allison MacAvery read her report of Activities

Council Members Red their reports of Activities

Council Member Casale: I want to thank Alison because I called her regarding tax bills. A lot of our residents are having a problem with their tax bills. Instead of going to the banks, they are going to the property owners. I want to thank Legislator McAvery because she helped take care of the problem.

Mayor Steve Gold: It is a timely issue to discuss the dogs at a workshop. Mayor Gold asked Council Member Kelly to get the particulars on the dogs, cost, etc. He also asked him to get a copy of the petition to impeach the president. (A copy is included in these minutes under the 7:00 segment of the Public Comments of this meeting.)

Public Comments: Pertaining to This Agenda Only

No comments.

UNFINISHED BUSINESS –

Resolutions:

Local Laws And Ordinances:

No vote was taken.

2. Proposed Local Law Regarding Snow Blowing in the City of Beacon. Second Reading: Read by Mayor Steve Gold after Notice of Public Hearing.

No vote was taken.

NEW BUSINESS

Resolutions:

1. Resolution No. 20 of 2008 - Authorize Mayor to Execute Amendment to Settlement Agreement and Release (Sassi Sr. v. City of Beacon ET. AL.) Read by Mayor Steve Gold.

BE IT RESOLVED, that the City Council of the City of Beacon hereby approves the amendment to the Confidential Settlement Agent between Richard Sassi, Sr., the City of Beacon and other parties in Richard Sassi v. City of Beacon et. al. (“Sassi, Sr.”), 06 Civ. 1008 (CLB) et al., that in addition to the benefits provided to Richard Sassi, Sr. in the aforementioned Settlement Agreement, upon the effective date of Richard Sassi, Sr.'s retirement from employment by the City of Beacon he shall be entitled to and receive all health/ insurance benefits to which he is entitled under the City/PBA collective bargaining agreement; and

BE IT FURTHER RESOLVED, that the City Council authorizes this Amendment to be executed by the Mayor of the City of Beacon or the City of Beacon City Attorney.

Motion to authorize mayor to execute amended settlement agreement: Council Member Fredericks. Seconded: Council Member Pasti.

Discussion

Mayor Steve Gold: When we finally pass this it will complete the settlement agreement and release regarding Richard Sassi, Sr.

Attorney Wolf: The confidentially clause is for Mr. Sassi only and not the City.

Council Member Kelly: This is a reasonable settlement. He will retire normally. This will close a chapter in this whole affair. Our new Police Chief will hopefully improve community relations

Motion to approve: Council Member Kelly. Seconded: Council Member Fredericks. On a roll call, all voted in favor. Motion carried.

2. Authorize Mayor to Execute Settlement Agreement and Release (Piacente v. City of Beacon) Read by Mayor Steve Gold:

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;