Workshop Minutes

City of Beacon Council Workshop Meeting

January 2, 2007

 

WORKSHOP MEETING

 

The City of Beacon Council Workshop Meeting began at 7:05 p.m. at the Municipal Center, One Municipal Plaza on Monday, January 2, 2007 prior to the regular City of Beacon Council Meeting.

 

In attendance were:

Mayor Clara Lou Gould

Council Members present were:  Lee Kyriacou, Phil Shea, Steve Gold and Eleanor Thompson.

 

Excused:  Elizabeth Foster and Charles Kelly

 

Also in attendance were:  City Administrator, Joseph Braun and City Attorney Gerard Pisanelli and David

Stolman, President Frederick P. Clark Associates, Inc. Planning/Development/Environmental /Transportation.

 

Agenda Items

 

Traffic / Safety Committee

Install Handicapped Parking Spaces:  One in South Chestnut / Henry Street Parking Lot, and One on South Chestnut at the Intersection of Henry Street.  See Attached Memo from Kim Antalek, Secretary of Traffic Safety Committee dated December 12, 2006, along with the November 28, 2006 Minutes of the Traffic Safety Minutes.

 

This will be on the tonight's agenda. 

 

Building Department - The building Department was present.

 

Amend Chapter 119 of the City Code to Reflect Changes in the State Code Administration Law.  See Attached Member from Lt. Tim Dexter dated 12/13/06 along with Proposed Local Law providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code.

 

Speaker:  Tim Dexter:  (Tim gave each council member a copy of the proposed new local law for the Administration and Enforcement of the Uniform Code).  The state has come out with some new requirements.  We have to adopt the local law for the administration and enforcement of the uniform code.  We have one now which was adopted in 1991.  What you have is a copy of the law that reflects those changes.  Most of them are what we currently do.  There is a lot more record keeping that the state wants.  There are state funds available and the amount awarded will depend on the extent of the record keeping.  Significant changes are the ability to Issue temporary certificates of occupancy.  The requirement for Operating Permits is in there.  I incorporated our local law with minimum standards that the state proposed.  The state provided us with a sample.  If needed, we will propose to the council that they charge a fee.  Less time will be spent on building plans.  I made a sample law from the state and inserted items that apply to Beacon. 

Lee Kyriacou:  We need to develop an easy way to explain this to people.  This will make it easier for us as well.

 

The following is the letter sent to City Administrator, Joseph Braun from Tim Dexter dated December 13, 2007:

 

SUBJFX.T;    New ("ode Administration Law

The Department of State has revised 19NYCRR Part 1203 which addresses the minimum standards for the administration and enforcement of the Uniform Code for each municipality throughout the State. Each community must provide for administration and enforcement of the Uniform (lode by ioeal law. Part I 203 sets minimum program requirements thai must be included in the local law. In order to comply with this requirement we must amend Chapter 11 9 of the City Code to reflect the changes outlined in the attached law. The attached proposed local law was based from a sample provided from the Department of State.

There are many new requirements which will require more record keeping, administrative duties and actual field inspections. Many of the changes that are found in the proposed law simply codify how we currently do business. There arc three changes that arc noteworthy.

          The ability for us to issue Temporary Certificates of Occupancy which is currently not permitted.

          "1 he requirement for us to inspect all structures other than one and two family homes within our community in intervals that are consistent with local conditions not to exceed three years. What this means is we will be required to inspect every store, office and other commercial buildings at least every three years.

      The requirement for operating permits (Section 10) for certain types of occupancies such as buildings containing one or more areas of public assembly with an occupant load of 100 persons or more. This will require places like churches, clubs (K. of C., Elks, fire companies) with areas for 100 persons or more to obtain an operating permit. The operating permit will require an inspection by the department prior to issuance. 1 recommend the council consider establishing a Fee to cover our costs to issue operating permits.

 

The minimum State standards are effective January 1. 2007. 1 know that we will not be able to adopt our revised local law for the administration and enforcement by that time so I would request that we place the law on the agenda for the first workshop in January for discussion.

TPD;jm

 

Tim Dexter:  We are not ready at this time.  I need to speak to Attorney Pisanelli to have his thoughts as to what I have done so far and to be sure everything was done properly.  After that we can put it in a workshop and then on the agenda and set a public hearing or whatever you have to do.  This should have been in effect on January 1, 2007 but we do not have it ready.  It is not an emergency.  Since January is a slow month, we can devote more time to this project.

 

Thomas Estates

Proposed Resolution is as follows:

 

WHEREAS, the City's Engineers, Lane & Tully, have performed a final inspection concerning the Thomas Estates Project located on Annan Street; and

WHEREAS, the Engineers have determined that all required improve­ments have been completed in accordance with the approved plans for the Thomas Estates Project; and

WHEREAS, the City Attorney has reviewed the legal documents as follows: Irrevocable Offer of Cession and Dedication of Properties within Thomas Estates Subdivision; the Quitclaim Deed for the drainage parcel to be conveyed to the City of Beacon (equals 0.41 ac.) which parcel is to be used as a Detention Pond and another parcel located at the northerly end of said "Thomas Estates Subdivision" and being located at the intersection of the southerly line of lands now or formerly Jerzak with the easterly line of the lands now or formerly Belekis, as shown on said filed map no. 11517 designated on subdivision map as TO BE DEDICATED TO THE CITY OF BEACON 16.986 SF (0.39 ac.)";

NOW, THEREFORE, be it

RESOLVED, that the City of Beacon accepts the Irrevocable Offer of Cession and Dedication of Properties within Thomas Estates Subdivision and the two deeds as set forth above.

 

This is in regard to Anan Street and will allow the city to take over the street.  The resolution sets forth everything.

 

 

Mayor:  This will be placed on tonight's agenda.

Dave Stolman:  I believe the city takes streets that were built to city standards.  This street was designed and built to city standards.  It is a routine matter that that is done.  I don't know of a situation where a street was not taken over when it conformed to city standards.  There is a whole document that has been modified adding a section and has been on the books for a long time.

Mayor:  This makes it easier for Garbage collection. 

Joseph Braun::  Just to clarify.  This is a subdivision plan that was approved by the planning board and part of that sub-division was the street and it was anticipated at that time that the street would be built to city specifications and eventually become a city street.  This is typical for the process. 

Dave Stolman::  In the last 15 years, all streets were built and designed to city standards - the only thing that had to be decided is whether they would be private.  One of the Meadow Ridge projects has private roads and they have not been designed or built to city standards.  They are perfectly fine standards but not city standards.

 

Grant Writer - Susan Roeller Brown

 

Joseph Braun:  I spoke to people I know and got some recommendations, one of which is in Buffalo..  A number of people said they believe that we have a good grant writer right now and we should stay with her.  I met with Roger Acker as to the money that we applied for and he was very impressed with her.  That is what I have gotten from anyone I talked to about her.  As far as I am concerned, she is Number 1 on our list.  I came upon her through Scenic Hudson who talked to the Dyson Foundation

Steve Gold:  The paper work that she gave us on Hiddenbrook was very complete and comprehensive.  This impressed me.  She is very good.

Joseph Braun:  I think a resolution would be good to make her the grant person.  Maybe Attorney Pisanelli would like to talk to her regarding the rate of pay, etc.

Mayor:  Can we get this on the agenda so we can go forward on this?

Steve Gold:  We have to take a look at her contract before we do anything, we should read her contract thoroughly..

Joseph Braun:  Yes, we can do that.  We should authorize the Mayor to negotiate and get this thing started.

 

This will be placed on tonight's agenda.

 

Martin Luther King Center - Dot Paulin, Executive Director Martin Luther King Cultural Center, Inc. 

MLK request for $8,000 to help purchase vans for senior transportation and meal programs.  See Correspondence dated December 18th addressed to Mayor Clara Lou Gould from Dot Paulin as follows:

 

Dear Mayor Gould and Beacon City Council Members:

The Martin Luther King Cultural Center, as you know, has two programs that serve Beacon's seniors and physically challenge residents. We deliver 135 meals a day and transport seniors to doctor appointments and shopping for a minimal fee. We had two vans; however we have lost the use of one. They serve fewer participants. Presently, we are only serving meals to 70 residents (only half of our residents are receiving meals). Transportation for the seniors staff at MLK has been using their cars to deliver the meals, but it means we have taken its toll too because the other van is also nearing its end.

Over the past two years, we have been actively writing grants and having other fund-raisers to purchase a van; to date we have raised $12,000. Most recently, we located a van for $22.000. The dealer has agreed to sell it to us for $20,000. The Martin Luther King Cultural Center is seeking assistance from the City of Beacon in the amount of $8,000 to purchase this van for our senior's Transportation and Meal Programs.

We need to get back to the deal within the next week or two. Thank you for vour consideration and assistance.

 

Speaker:  Dot Paulin.  We take seniors shopping and to daily activities.  We deliver meals.  A lot of the work is done by volunteers and if they do not show up, I get the job of doing the work.  We charge $3.00 plus to go to Poughkeepsie.  In June we had an accident and our vehicle was totaled.  We need a replacement.  We are having fundraisers, applying for grants and receiving donations..  We found a van and it is $20,000.00.  We need $8,000.00.  We need help.  This will get us to the $20,000.00.  We have been doing this since 1969.  If we do not get this van, our work will be drastically reduced.  We will not be able to provide transportation to the store, to doctors, etc.  We go from house to house.  We take the groceries out of the van and take them into the house.  The van carries from eight to ten people.

 

Joseph Braun:  We can look at community development for the money.

Lee Kyriacou:  If it was individuals we can provide  taxi vouchers which the city will pay for.

Eleanor Thompson:  MLK is very dependable.  He delivers Prescriptions, delivers the mail.

 

Consensus Vote:  Kyriacou:  We should look at alternative funding.  Shea:  Yes.  Gold:  Yes.  Thompson:  Yes.  Dot Paulin has used her own car to help.  I also used my car to help. 

 

This will be on tonight's agenda.

 

 Comprehensive Planning

 

Committee to present a very brief update.  Review of Next Steps and Request additional Funds to Complete work on the Plans.  See Email Dated 12/18 from Sara Pasti 

 

The following email from Sara Pasti addressed to Mayor Clara Lou Gould dated December 18, 2006 - Subject:  Comprehensive Plan Next Steps and City Council Calendar:

 

Dear Mayor Gould:

I hope you are enjoying our long, warm fall and holiday season!

As you know, the Beacon Comprehensive Plan Committee is meeting this Wednesday for a final meeting to review draft comprehensive plan chapters in preparation for presentation of the draft plan to the City Council.  In keeping with our original timeline, we expect that we will have printed copies of the revised documents available to present to Council members by the end of December 2006.  However, there is still work to be done by our planning consultants before the plan is finalized. The work still to be done consist of a SEQR review, which is a comprehensive plan requirement, and was included in the original scope of work for the plan, and a Generic Environmental Impact Study.

I understand from our consultants that additional monies will be needed by them to cover costs of time that is required to complete the work. They are working on a cost estimate for presentation to the Committee and to the Council. (David & Chris:  Please let us know if I have presented this correctly and when you think you will have completed your estimate.)

In addition to providing this brief update, I am writing to request time at the City Council meetings as follows:

First Council Meeting in January (is that January 2nd?): Appearance by Plan Committee members to present a very brief update, review of next steps, and request for additional funds to complete work on the plan.

Earliest Workshop Meeting Date in January: Our Comprehensive Plan Committee wishes to schedule a date to make a full presentation of the draft plan and plan recommendations to the Council.

Thank you for making time in the Council's schedule for the Committee's update and to hear a presentation of the full report. If you can review the Council's calendar and let me know what dates will work for the Council. I will let our Committee members know this at our upcoming meeting on Wednesday.

Sincerely, Sara J. Pasti,, Building Community Through Culture, Building Culture in Community, 57 Fulton Avenue, Beacon, NY 12508

 

Sara Pasti introduced members of the committee.

I am happy to tell you that we completed the first draft.  There are next steps involved that we will be working on.

 

We feel comfortable with this plan and we have worked on it for over a year.  There are additional funds needed, which have to be voted on by the council.  If all goes as planned, we should have this completed in six months.  Sara asked David Stolman to comment.

 

David Stolman said that they did a good job and there was nothing he could add to their presentation

 

NYS Workplace Violence Prevention Act (2006)

 

See Attached Correspondence dated 12/21/06 from J. Pisanelli along with Correspondence from Salerno Brokerage Corp. dated 11/08/06 Email from NYCOM dated 12/21/06 Regarding a Sample Local Law Regarding Workplace Violence

 

The following letter was addressed to Mayor Clara Lou Gould dated November 8, 2006 was written by Salerno Brokerage Corp. Subject:  The New York State Workplace Violence Prevention Act:  More detailed information can be obtained at the city offices.

 

Many public employers are now required to develop and implement a workplace violence protection program since the adoption of the amendment of 'NYS Labor Law (Section 27-B).

For affected public employers, the new program required by Section 27-B must be in place by February 2007.

Part of the challenge this new law creates is the added responsibility created by the documentation and management of the program.

As a program designed to minimize or even eliminate workplace violence it not only puts the municipality on notice for any liability or workers compensation claims that result from workplace violence, it also defines your compliance and creates a tracking history for any workplace violence lawsuits that may occur.

We suggest that you along with your municipal attorney review this law to determine how it affects your municipality and how your current insurance coverage responds to it.

 

As insurance brokers specializing in insurance and risk management for public entities, we bring your attention to the deadline This new [aw imposes and we welcome any opportunity to be of service to you.

We look forward to hearing from you to work and develop a beneficial insurance program for

your needs.  Very truly yours,  Signed:  Bill Noel, Towns & Villages Risk Management Corp.

 

Chapter 83, WORKPLACE VIOLENCE PREVENTION POUCY

[HISTORY: Adopted by the Town Board of the Town of Smithtown 3-26-2002. Amendments noted where applicable.]

§ 83-1. Comprehensive of policy; purpose.

To ensure a safe workplace and to reduce the risk of violence, all employees and officials of the Town of Smithtown (hereinafter the "Town") must review and understand all provisions of this workplace violence policy.

§ 83-2. Prohibited conduct.

                                    A.             The Town does not tolerate any type of workplace violence committed by or against employees or Town officials. Employees and Town officials are prohibited from making or encouraging threats or engaging in violent activities.

                                    B.             This list of behaviors, while not inclusive, provides examples of conduct that is prohibited:

(1)        Causing physical injury to another person;

(2)                  Making overt or veiled threatening remarks;

(3)                  Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress or intimidation;

(4)                  Intentionally damaging or threatening to damage employer property or property of an employee;

(5)                  Possession of a weapon or facsimile thereof while on Town property or while on
Town business.

§ 83-3. Reporting procedures.

Any potentially dangerous situations must be reported immediately to the department head. If you feel uncomfortable reporting such a situation to your department head or you feel your complaint has not been adequately addressed, please report it to John Zollo,

Town Attorney, or Eileen Tropea, Town Personnel Officer.1EN All reported incidents will be investigated. Reports or incidents warranting confidentiality will be handled appropriately, and information will be disclosed to others only on a need-to-know basis. Should the Town determine it necessary to interview the employee alleged to be committing the prohibited conduct where the employee is a member of a union recognized by the Town, the employee shall be notified of his/her right to be accompanied by a union representative at such interview. All panics involved in a situation will be counseled and the results of investigations will be discussed with them.

§ 83-4. Risk reduction measures.

While we do not expect employees or Town officials to be specifically skilled at identifying potentially dangerous persons, employees are expected to exercise good judgment and to inform his/her department head or the Town's Personnel Officer if any employee exhibits behavior which could be a sign of a potentially dangerous situation. Such behavior includes:

A.             Discussing weapons or bringing them to the workplace;

B.             Displaying overt signs of extreme stress, resentment, hostility or anger;

C.             Making threatening remarks;

D.             Sudden or significant deterioration of performance;

E.             Displaying irrational or inappropriate behavior.

§ 83-5. Enforcement; penalties for offenses.

Threats, threatening conduct, or any other acts of aggression or violence in the workplace will not be tolerated. Any employee or Town official determined to have committed such acts will be subject to disciplinary action, as well as potential prosecution. Non-employees engaged in violent acts on the Town's premises or against employees or Town officials will be reported to the proper authorities.

Editor's Note: Consult the Town for names of current Town Attorney and Personnel Officer.

 

This is a requirement that needs to be discussed.

 

Joseph Braun:  As you can see, I spoke to the dept. of labor.  The date has been extended to March 1.  to get a safer workplace.  If anyone feels unsafe in the workplace, they can come to me and we will deal with those issues.  We already have a policy in place but we do need to put a plan assessment in place.  City Attorney Pisanelli feels that we should have a local law in place.  This will be discussed at an upcoming workshop,

 

Lee Kyriacou: took this opportunity to give a special thank you to Sara Pasti for the great job she did on the Comprehensive Plan.

 

Open Space Committee

Potential  Committee Candidates:

I do not have names but I am looking for any suggestions.

Steve Gold:  I would think that the conservation advisory committee would be interested in this.

 

Stormwater Committee

Potential Committee Candidates:  Same as Open Space Committee.

 

UPDATES

OTHER BUSINESS:

Council Agenda - January 2, 2007

Upcoming Workshops

Charter Amendments

Right of Information

Vacancies

Forrestal Heights

Ended 7:55

Bus Stop

 

Workshop ended at 7:55 p.m.

 

 

Submitted by Lucy M. Cullinan - January 4, 2007