CITY COUNCIL PUBLIC HEARING

Minutes

City of Beacon Council Meeting

March 3, 2008

REGULAR MEETING

The regular meeting of the City of Beacon Council held at the Municipal Center, One Municipal Plaza on February 3, 2008 at 7:00 p.m. was called to order by Mayor Steve Gold with the Pledge of Allegiance to the Flag.

Council Members In Attendance: Mayor Steve Gold, Deanna Leake, Sara Pasti, Charles Kelly, Eleanor Thompson (arrived at 7:29 and left at 8:30 p.m.), Marlene Fredericks and Randy Casale.

Also in attendance were: City Administrator, Meredith Robson

City Attorney Richard Wolf

Media Represented by: Goldee Greene, Beacon Free Press

Residents at beginning of Meeting: 20

Public Comments: Pertaining to any item. Maximum time for this section is 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. Include your name and address.

We are going to go forward with the Pub Crawl and hope that it will be a better experience this year.

William Smith Beacon Hebrew Alliance: Our water line broke. We received a letter that we have to have this repaired within 10 days. If we do not have it repaired, the city will do it and charge us for it. The valve does not work. Fishkill Avenue has to be dug up and they city wants to bill us for this work. We do not have $20,000.00. I feel that the city is responsible for the valves because they have the key. We cannot dig in the street without city permission. It will take a couple of days and the road will have to be closed and the traffic will have to be diverted. We would like to clarify the cost to us.

Mayor Steve Gold: We will look into in.

Ester Carrington, 71 Beacon Street: How often do you change the income range for senior citizens? This was amended before my husband retired. How does this affect the disabled? When I first went to the city hall, I handed them my income document. Why didn't I fall under the guidelines of the disabled?

Mayor Gold: I would like to help you with it. Write out what your request is and give it to City Hall and we will do some research. Include any questions that you have. We would like to help you out.

No further comments:

Public Hearings: None.

Community Segment: None.

Reports: Text for the following reports for March 3, 2008 is at the end of these minutes.

Mayor's Communications read by Mayor Steve Gold.

City Administrator Robson read her Report of Activities

City Attorney First Meeting of the Month

Mayor Steve Gold read his Report of Activities

Allison MacAvery, County Legislator read her report of activities

Council Reports of Activities read their reports of activities.

Public Comments Pertaining to this Agenda Only:

Neil Caplin ,150 Main Street: Regarding the parking, I am supportive of getting rid of that $1,500.00 fee. I feel it is extremely difficult to own a business here and owe an exorbitant fee for parking. If you are starting in business, you need that money to open your business. I feel that it is unfair to the people who already paid the fee. Beacon is like any other town where they have issues for parking. I don't think that you should use the businesses to pay this money. For those that are for abolishing this, I thank you.

Dennis Welden, 9 Miller St: I hope you appoint Scofield as Police Chief because he is doing a great job.

Cathy Deutermann, South Brett: Regarding the Chief of Police, we have formed a great relationship together. I urge everyone to do whatever it takes to make Julann Cobb Recreation Director. Her job is a huge responsibility and she can do the job.

No further comments.

UNFINISHED BUSINESS

Resolutions: None

Local Laws And Ordinances: None

NEW BUSINESS

Resolutions:

1. Resolution to not accept any bids for the Water Treatment Covers.

COUNCIL DETERMINATION NOT TO ACCEPT BIDS

FOR WATER TREATMENT COVERS UNTIL FURTHER RESOLUTION

RESOLVED, that the City Council has determined not to accept any bids for Water Treatment Covers pending further review and determination.

Mayor Steve Gold: We put out a bid for putting a cover on our water treatment facility. The bids are coming in at 600,000.00. Looking ahead at our budget, and the expenses that we have going ahead, It would be better for us to put this off for another year. If we don't refuse to accept the bids that have come in, then through some mechanism, I believe we will be forced to accept one of the bids. We have been told by our engineer that we have to do this. If we don't accept this and leave things as they are now we will have to go ahead with the $600,000.00, which I am not 100% certain that the city needs to spend.

Motion to not accept bids: Council Member Fredericks. Seconded: Council Member Pasti.

Council Member Casale: Why don’t we talk about these bids when they come in at a workshop and have our engineers here? I remember in the summer when the people from that section of town came here to complain about the smell and the council unanimously voted to have the engineer design something to take care of the smell. No one is complaining now because it's winter. But come the warm weather, they will all be here again to complain about the smell. If we put this bid off and we don't do it and then we have to do it, and it has to again go out for bid, that cost will not be the same - it will probably be higher. How did we come to this decision that our engineers told us that we either have to do this tonight or award a bid without them coming to talk to the council? I don't understand that.

Mayor Steve Gold: This does not have to be done today. It can be tabled and discussed at a workshop. The council should remember that the last workshop that we held went until 10:15 p.m. and all the items on the Agenda were time sensitive and had to be discussed. Not every item was reached. I say that in general because of some of the comments that were made earlier. This is something that does not have to be done today. If you want to table this council is more than welcome to do that to discuss it further.

Council Member Leake: I do not fully understand this. Is it going to cost money?

Mayor Steve Gold: The engineer has done this study and asked for bids. If we want to proceed with the cover on the plant then we can go ahead and do that. Tabling it is fine if the council wants to do it. I'm not certain that it is going to be necessary to have the engineer here for that discussion as to whether we want to do it or not. The engineer has done his work and the bids have gone out.

Council Member Kelly: This is not an engineer question. The question is, do we want to spend $600,000.00 this year or wait until next year when it would cost $600,000.00 plus. There is an odor problem and there were citizens who complained. The question is "is the odor that significant?" I think at the time we thought we had a healthy budget. We are under fiscal constraints. The mortgage taxes are down and we are going to face a tough fiscal year. As I said, this is not an engineering question. I don't think that the engineer should tell us how to spend our money or not.

Council Member Leake: I feel that it does have to do with the engineer, just to talk about it.

Council Member Casale: If we do not do something there will be complaints about an odor problem all over again. When the weather gets warmer, there will be a great problem. It will really smell. I don't want to wait until July to go out to bid. What I would like to do is talk to the guy from the Sewage Treatment Plant at one of our Workshops. Then we should notify the residents and be straightforward with them as to whether we are going to do it or not do it before this bid option runs out.

Mayor Steve Gold: I am more than happy to table this and have further discussions on this.

Council Member Casale: If we bonded this over so many years, it will come from the sewage revenue. We might want to ask our administrator if this is feasible based on the revenue we are generating at the sewage plant.

Motion to table: Council Member Leake. Seconded: Council Member Thompson. All voted in favor. Motion carried.

Council Member Kelly: Maybe the city administrator can give us some ideas on how to pay for this. If you want the engineer, that is fine but we have to find a way of paying for this without raising taxes.

2. Resolution No. 26 of 2008 - To Certify Base Percentages And Proportions For The 2007 Assessment Roll Pursuant To Article 19 Of The Real Property Tax Law read by Mayor Steve Gold.

RESOLVED, that the City Council hereby approves and certifies the "Base Percentages, Current Percentages and Current Base Proportions” and “Adjusted Base Proportions”as set forth in the attached for the levy of taxes on the 2007 assessment roll pursuant to Article 19 of the Real Property Tax Law.

Motion to certify Base Percentages and Proportions: Council Member Kelly. Seconded: Council Member Casale. All voted in favor. Motion carried.

Mayor Steve Gold: I will get a letter for the council from the Tax Assessor to explain what this is.

Local Laws And Ordinances:

1. Resolution No. 27 of 2008 Revise the City of Beacon Code Chapter 223 Zoning, Chapter 223-61 to abolish the $1,500 parking fee. Set Public Hearing for Monday, March 17, 2008. First Reading: Read by Mayor Steve Gold.

Motion to set a Public Hearing for March 17, 2008: Council Member Thompson. Seconded: Council Member Leake.

Discussion:

Council Member Kelly: This resolution is quite broad. We should wait for the planning board. This is for non-residential use. This language is more to the point.

Mayor Steve Gold: The council discussed this during a workshop session. If you want this to be taken back to workshop, we can do that. Otherwise this can go forward now. I recommend that we go forward with this.

Council Member Thompson: We need to think this through and really look at this. With this city growing, we do have to look at this.

Mayor Steve Gold: We do not want to discourage people from coming into Beacon.

Council Member Thompson: Sometimes we really sell ourselves short.

Council Member Leake: I feel that there are more important things that should be discussed. As for me, I do not want to take this back to workshop.

Council Member Kelly: The Planning Board is the expert. I would like to refer to their judgment. This is not so pressing that we have to get this done tonight.

Mayor Steve Gold: The planning board acts on the laws that the city council puts forth. It is really a political decision.

Motion to amend resolution as stated by the Planning Board. Council Member Kelly. Seconded: Council Member Thompson.

Discussion:

Mayor Steve Gold: I am not sure that this will accomplish what we want to accomplish. I am not convinced that that is the right thing for the city to do. It might restrict businesses from coming to Beacon.

Council Member Thompson: We are saying get rid of the $1,500.00. There are certain things that we use in a formula and we do not have that formula.

Mayor Steve Gold: Council Member Thompson says that we should look at other parking.

Council Member Kelly: Passing this resolution is not looking at the problem. I think that there is a need to look at that particular issue. I would feel better if we have the chair of the Planning Board here.

Council Member Leake: We are going around in circles and I think we should go ahead with this. We are repeating the same thing.

Motion to amend resolution: Charles Kelly. Seconded: Council Member Leake. On roll call, Council Members Leake, Fredericks and Casale voted "no" and Mayor Gold, Council Members Pasti and Kelly voted "yes". (Council Member Thompson left the meeting and did not vote). On a vote of three "yes" votes and three "no" votes, the motion to amend resolution was defeated.

Motion to set a Public Hearing leaving this resolution as is: Council Member Leake. Seconded: Council Member Casale. On roll call, all voted in favor to set the Public Hearing. Motion carried.

Council Member Casale: Since this vote is for a Public Hearing, will we have an opportunity to talk about this at a workshop before we vote on the law? Mayor Gold: Yes.

Ratifications / Appointments:

1. Resolution No. 28 of 2008: City of Beacon City Council authorizes Mayor to Approve Appointment of Glenn Scofield as Chief of Police. Read by Steve Gold.

RESOLVED, that the City Council approves the appointment of Glenn Scofield as Chief of Police of the City of Beacon Police Department in accordance with the Civil Service Law; and it is

FURTHER RESOLVED, that the Mayor of the City of Beacon is authorized to execute any documents necessary to effectuate this appointment.

Motion to approve appointment: Council Member Kelly. Seconded: Council Member Casale. On roll call, all voted in favor (With the exception of Council Member Thompson who left prior to the vote). Motion carried.

Chief Scofield came forward and thanked everyone.

2. Resolution No. 29 of 2008. City of Beacon City Council Authorizes the Mayor to Appointment of Barbara Howley as Account Clerk.

RESOLVED, that the City Council approves the appointment of Barbara Howley as Account Clerk; and it is

FURTHER RESOLVED, that the Mayor of the City of Beacon is authorized to execute all documents necessary to effectuate this appointment

Motion to approve appointment: Council Member Fredericks. Seconded: Council Member Kelly. On roll call, all voted in favor. (With the exception of Council Member Thompson.) Motion carried.

3. Approval of the "Temporary" Or if Required "Provisional" Appointment of Julann Cobb as Recreation Director. Read by Mayor Steve Gold.

WHEREAS, there is a current need for the designation of a Recreation Director for the conduct and supervision of City Recreation activities; and

WHEREAS, Julann Cobb has been serving in the position of Part Time Recreation Director and has demonstrated her qualifications for the position; and

NOW THEREFOR BE IT;

RESOLVED, that Julann Cobb be appointed for the position of Recreation Director as a “Temporary” or “Provisional” appointee as may be required under the Civil Service Law; and

BE IT FURTHER RESOLVED, that the Mayor of the City of Beacon is authorized to execute all documents necessary to effectuate this appointment.

Mayor Steve Gold: There is a current need for a Recreation Director for the conduct and supervision of the recreation activities and whereas Julann Cobb has been serving in the position of Part Time Recreation Director and has demonstrated her qualifications for the position and therefore be it resolved that Julann Cobb be appointed for the position of Recreation Director as a temporary or provisional appointee as required under Civil Service Law

Council Member Casale: Don't we have to make a motion to put this on the agenda?

Mayor Steve Gold: It is on the Agenda. It is only if it was not printed on the agenda that we make that motion. It was added to the agenda today. If you would like I will entertain a motion to put it on the Agenda. The way the Mayor did it in the past, when the final agenda was printed, if it wasn't on there at the time of the council meeting and it had to be added, then it required a motion to add to the agenda. I did send out an email to the council on Sunday about this. I will entertain a motion to put this on the agenda.

Motion to add to agenda: Council Member Kelly. Seconded: Council Member Pasti. On a roll call vote, Council Members Leake, Fredericks and Casale voted "no" and Mayor Gold and Council Members Kelly and Pasti voted "yes". With three votes in favor and three votes against, motion to add to agenda was defeated.

Mayor Steve Gold: I tried to get the email out to you. What this means is that by defeating this resolution Julann will not be paid for the hours that she has worked in excess of 17-1/2 hours since January because she can't be paid unless we go through this temporary approval. Civil Service will not allow it and I will not do anything that Civil Service doesn't approve.

Council Members asked if this could go on a workshop. This will go on a workshop agenda to be discussed.

4. Resolution No. 30 of 2008: Beacon Engine Company No. 1 Effective February 5^th, 2008. Read by Mayor Steve Gold.

Place on Active Rolls – James S. Pavelock

Place on Active Rolls – Donald V. Pavelock, Sr – Fire Police

Motion to ratify: Council Member Casale: Seconded: Council Member Leake. On roll call, all voted in favor. Motion carried.

Announcements: None

Final Opportunity for Public Comments:

Mark Thomas, President PBA - I hope you allow Chief Scofield to do his job. He is an expert on that. I am still looking for a liaison.

Neil Caplin: Regarding the settlement camp. I think concerns should be there for the contracts that are required. If you own the portion that you are taking care of you will be better off doing the work yourself. Everything that is going to RMG review will take a lot longer to do anything than if you do it yourself.

Mayor Steve Gold: I had discussions with the person at the Department of State and he assured us that we could do whatever we want whenever we want. We do not need any approval or go-a-head for anything that we want to do. That is the arrangement that the previous mayor has made in the contract with the state.

Flora Jones: I am happy for this council. I am emotional and I am going to have happy tears. Glenn Scofield is a cop and he was a community person and still is. Mayor Gold, you and Mrs. Gold helped me when I needed the help. I thank this council for making him our chief. I am talking about his past performance. I love cops if they do the right thing. Our Chief Scofield has done the right thing. The PBA doesn't have to tell you to let him do his job. He cares about the people. I am so grateful that he was chosen. This is what I call integrity. Thank You.

Dennis Walden, 9 Miller St.: I read your article regarding the Pub Crawl. They have the same problem everyday on Main Street.

Esther Carrington: Where can I find out about our meetings? No one got back to me since December. This is my first meeting for a long time. I am a very vocal sometimes. We pay taxes and we need to have our concerns addressed.

Mayor Steve Gold: the city council has workshop and the council meeting is the following week.

Cathy Deuterman: I want to discuss National Night Out. It is the first Tuesday of August every year. It started 26 years ago. It is a national organization. We take a stand against drugs and violence. It is a good time for everyone to come together for this event. I would like to give information to whoever wants it. We would be the first to participate in such a thing. Newburgh does it as well.

Lou Amoroso, Vail Street: On proposal No. 3 Regarding a Recreation Director - I have seen thousands of youths come to volunteer for various organizations and did a lot of work using their time and their own money.

No further comments.

Budget Amendments for March 3, 2008 requiring Council Action: submitted by Toni Tracy, Finance Director:

Note: There was much Workshop type discussion on some of the following budget amendments. Mayor Steve Gold told the council that there is not enough time in the Workshop to discuss in great detail these amendments and other resolutions. He suggested that they might have to conduct additional workshops, which some council members may or may not agree to. Council Member Casale was one member who agreed that this was fine with him as long as they got the job done.

1. Amend the General Fund Balance for the Settlement camp in the amount of $652.00 to cover the following utility bills:

Bottini Fuel $632.00 – fuel oil for 724 Wolcott Avenue

Central Hudson $ 20.00 – electricity for 300 Howland Avenue

Motion to Amend the General Fund Balance: Council Member Kelly. Seconded: Council Member Pasti. On roll call, all voted in favor. Motion carried.

2. Amend the General Fund Balance for the Grant Writer expense in the amount of $21,125. This amount has been determined by the contracted rate of $75/hour x 275 hours, plus $500 for out-of-pocket expenses.

Motion to Amend the General Fund Balance: Council Member Kelly. Seconded: Council Member Pasti. On roll call, all voted in favor. Motion carried.

3. Amend the General Fund Balance for the Human Relations Rental expense (A8040.447000) in the amount of $4,657. This is the amount needed for the monthly rent for an office for the Human Relations Commission. There is $3,500 budgeted for this expense, but at $679.68/month, a total of $8,157 is necessary.

Motion to Amend the General Fund Balance: Council Member Kelly. Seconded: Council Member Fredericks. On roll call, all voted in favor. Motion carried.

4. Amend the General Fund Balance for the Police Department in the amount of $67,500. This is to provide funding in 2008 for items that were originally part of the 2008 budget requests. The items were then removed from the budgeted expenses and it was determined that they are part of the appropriated fund balance amount of $700,000 on the front page of the budget. The breakdown is as follows: