Workshop Minutes

City of Beacon Council Workshop

September 10, 2007

WORKSHOP

The City of Beacon Council Workshop began at 7:10 p.m. at the Municipal Center at 1 Municipal Plaza in Beacon, NY.

In attendance were: Mayor Clara Lou Gould

Council Members: Lee Kyriacou, Elizabeth Foster, Charles Kelly, Phil Shea, and Steve Gold

Excused: Council Member Eleanor Thompson and Administrator, Joseph Braun.

Also in attendance: City Attorney, Gerard Pisanelli

Police Department

Speaker: Captain Glenn Scofield

Security Issues – South Brett Street

Mayor Clara Lou Gould: We have asked Captain Glenn Scofield of the Beacon Police Dept. to be here for a variety of issues. The South Brett Security Issue and other things around town. I know you are involved also with the Youth Group with Martin Luther King

Captain Scofield: As we all know, school is open again. Along with that comes the annual issue of kids at dismissal time. Newburgh and Poughkeepsie face similar issues. There are enforcement issues. Juveniles under the age of 16 are treated differently than those over 16. Under 16 cannot be charged with disorderly conduct, harassment, or trespassing. It does not mean that we can't address the issues. I had my Det. Williams contact the City of Poughkeepsie and Newburgh to ask if they have strategies that they employ that works for them. We are going to start using hand held video cameras by the officers that are available. If they are unruly, we can capture it on film and go to the parents. If they want to act up we can document their actions. Det. Williams has a good relationship with the school administration and security people. They try to keep him aware of what goes on during the day so they can have this information at dismissal. They have his cell number so he can be contacted immediately if there is a problem. He is our juvenile officer

Council Member Kelly: How will the video be handled? Will it be by a police officer in a police car? Would it be a stationary camera on a roof?

Captain Scofield: Primarily hand held in a car.

Council Member Kelly: Do you have extra staffing available at that time of the day? Would you put more than two police officers in a patrol car?

Captain Scofield: Not necessarily. We use whoever is available.

Council Member Foster: It would be good if we could have the school give detention or suspension to those who are a problem.

Captain Scofield: Once they are off school grounds they are not subject to detention or suspension.

Mayor Gould: I have asked Dr. Parr to come to a community segment or to a workshop and she said that she would be happy to do that. She seems community minded and eager and willing to assist.

Council Member Kelly: We did approve a Resource Officer. Is it a question of staffing and why is that a problem?

Captain Scofield: The officer for the school has to be interviewed by the school to see if they are suitable to work in the school.

Council Member Kelly: Is it subject to the officer’s approval or can we assign someone who is new?

Captain Scofield: We would need someone who is familiar with what occurs and we hope to have someone this year.

Council Member Kelly: Can we get together with the Police Dept., the school and the city to work this out?

Captain Scofield: We are working with the school and will get back to you with information.

Council Member Gold: I have a question regarding the Dare program: Do you think it is working?

Captain Scofield: As for the community relations aspect of it, I thought that was good. Nationwide they are getting away from the program because it does not prevent drug use. It is not a deterrent preventing kids from the use of and selling drugs. The resource officer is better.

Council Member Gold: What can be done about the gangs. I hear that there are gangs in Beacon and I don’t know how to identify them. I would like to know if that is the case and how extensive it is and what influence it has on these kids.

Captain Scofield: They are not identifiable because they wear the same uniforms. As for the gangs or these wannabe gangs. If there are three people breaking the law, that is a gang. You have people in the schools and people from out of town that can’t be identified. A lot has to do with the drug trade. Having an officer at the school having contact with the students helps.

Council Member Gold: You don't think the gangs in Beacon are a problem?

Captain Scofield: I hope not.

Council Member Shea: Have you spoken to Jean Conrad regarding graffiti?

Captain Scofield: Not myself. Repeated investigations are effective

South Brett Street

Captain Scofield: About South Brett: Back in July a resident's tires were slashed. One think I can say about this criminal mischief, it happened in the early morning hours of the morning. I speculate that it could be gang initiation. It could have been neighborhood kids acting out. There were a number of non-reported incidents - foul language. If we know who the perpetrators are we can go back to the resident to ask if they want to press charges. We delivered 50 packets to the residents. We as a police department will help them in that endeavor. They got together to come up with an actual plan. We have not had community watch for the last 10 years. We encourage community participation. We cannot be in more places that one. We increased patrol presence on Brett St. We do have available some surveillance equipment. If someone does something over and over again, we can set something up. It is available for anyone anywhere. Other neighborhoods should start a neighborhood watch. We can help you with that. On So Brett Street: Since July 9 there has only been one serious incident which was the tire slashing - otherwise it has been quiet. There will be a meeting on September 29 and it will be at the Howland Library.

Council Member Kelly: There were a number of criminal acts on So. Brett before that date. In terms of video cameras, will you place them in someone's house? I met some of the citizens who thought they had to buy the cameras. Will they have to power it from their house?

Captain Scofield: Yes they will have to do it from their house.

Council Member Foster: If a neighborhood wants to start a community watch, whom do they contact?

Captain Scofield: To start a neighborhood watch, you have to contact the Police Department Criminal division.

Council Member Shea: What is an ideal number of officers.

Captain Scofield: When asked what an ideal number of police officers would be, Captain Scofield answered that they now have 33, an acceptable number would be 39 but 46 would be ideal.

Council Member Gold: I put the date of the test for police officers on the website.

Council Member Shea: Thanked Captain Scofield for his quick action on the recent complaint.

The council thanked Glenn for his informative presentation.

Tree Project

Mayor referred to the many emails included in the workshop packet.

Council Member Gold: requested that because of residents that are present this evening, they be allowed to speak even though residents are not permitted to participate in workshops.

Mayor Gould: I was hoping that we would have more information before we did this.

City Attorney Pisanelli: I feel that it a good idea in order to get a consensus.

Mayor Gould: We can allow 20 minutes to 1/2 hour.

Comments from Residents:

Susan Wisniewski, Architect 10 Dinon St. - We are concerned about the removal of the trees. - It seems like the cutting of the trees was not coordinated with the master plan. They said that the trees that were being removed were diseased. I was also told that the trees were not pruned correctly. That can be corrected. I was told that the trees that were put in place of those taken down were not the right trees. I begged the mayor to stop cutting down the trees because we had not been given enough time to discuss this. I also offered to give free advice. Lou Sebesta gave recommendations on how the trees can be saved. The proposed trees are not native. I want to propose that everything be stopped until we can come with a good plan and to make sure they are native trees. Also what would the cost be to beacon in dollars and cents? I suggest that it become a public process and that it be published in the newspapers so people know what is going on.

Mayor Gould: I would like to say that, of course we did go through the bidding process and the contract was awarded to the lowest bidder. That is a standard procedure. Also, I want to add is that we are doing two blocks at a time.

Nadmi Sachs 55 S. Brett St.: I am a Beacon resident and landscape designer. It has been documented that mature street trees provide environmental benefits as well as social benefits. We should try to keep the trees that are still remaining. People feel that they were not consulted and that there was no public hearing. I think that for something as big as this, there needs to be an opportunity for the public to hear it. People found out about this as it was happening and they felt like their heart was cut out. They would like to see a copy of the contract. Is there room for public participation? We know that some of the sidewalks are buckling and it is a hazard, but there are ways to save the existing trees and make the sidewalks safe. In the future we should consult experts and that people be aware of the process that is happening.

Mayor Gould: I included in the council members packet a copy of the report from the Arbor Day Committee and it mentions the talks about the benefits of the street trees which is why part of why we are a tree city.

Council Member Kelly: We not need to be reminded of the benefits, which we appreciate and we do value public participation. We should have more public participation and we are grateful for this. I think that the more people are involved in these types of decisions, the fewer mistakes will be made. The important thing is to make the right decision and not undo the wrong decision. The three principals we articulated to guide the administrator for cutting down trees is, “Is it dangerous, dead or diseased”. People may apply those principals differently than we apply them. There was reference made to a tree committee but I do not know who is on that committee. Actually we should have brought in more experts as well as the public. We certainly will do that before we lift this moratorium.

Mayor Gould: We did contact Lou Sebesta who is always called in to look at those things. He is an excellent forester but he is not an engineer and his views for fixing the sidewalks were different than the engineer as to what is the best thing for the sidewalks.

Council Member Gold: If I can continue that line of thought I think that what we see here is that the thoughts of the engineer is what the city of Beacon has had for a long time. The fact that so many people are interested in this, leads us to believe that we should look at the engineer in a different way than we did before. I think the city is going through some growing pains and recognizing that it is a new city. We are a tree city and that is why people come here.

Mayor Gould: To follow through with this being a tree city, different people have different ideas. One business owner was appalled that there is a moratorium. She wanted hers to be done immediately because she, herself, witnessed five people trip and fall and one had to be taken away by ambulance because of the tree roots. When you walk down a beautiful street like our Main Street, you don’t want to have to keep looking down to make sure you won’t trip.

Randy Casale: I was Highway Superintendent for twenty-six years and retired in 2002. I had a tree expert who was from California come in about fifteen years ago. He did tell me that these trees would give us headaches because the roots were shallow and could not go into the ground. He did tell me to take the trees down and start over. After I did some trees, we had an expert come from Cornell University. My expert said put them in a tree well. I put the ones I replaced in a tree well. I sat in many court hearing for people who were hurt. We probably did not prune them as much as we should have. A lot of these trees are growing into the buildings. I know everyone is upset. Before the city makes a decision they should consider monetary costs and the cost to the taxpayers of Beacon before you make a decision.

Gwen Crenshaw, 190 Main Street: I have been in business for 15 years. I went back and forth with the Mayor for years. The trees in front of my business were diseased or dying. I saw many people hurt. When it rained, it was terrible. I was told that the property owners were responsible. I don't feel that I should be responsible for the trees in front of my salon. I am glad that we have experts in this town. You can't take forever though. We can't spend half our time sweeping up leaves. I hope the experts that were here tonight won't wait until it is too late to do something.

Tom Baldino: Thirty-seven years ago I lived in Peekskill. The best place for me to go to the Motor Vehicle was in Beacon. It was a long way from the way the city looks like today. Those trees are a part of the city. To return this city back to trash is not my idea of progress. I think we can make some compromise here. If the tree is diseased it should be taken down,

Robert Brush, 22 High Street: From what I am hearing tonight, I think we should have three or five people on a committee to go through this process. Aesthetics don't come into play when it is the cheapest. The reason why this town turned around is because of the artists and Dia. We have to think about right now. Everything that people said tonight makes a lot of sense. There has to be more research. It is not just the trees on Main Street; it is the trees throughout the whole town.

Jill Reynolds, 10 Willow St.: The way they do it in New York City, they map all their trees so they are on record. If they are on record, the city is not liable.

City Attorney Pisanelli: I want to make sure the council has looked at the Main Street survey that is available. I don’t want to tell you what to do but I do want to make you aware that you do have a contract that has to be considered that might affect the cost.

Council Member Gold: I would like to know what is going to happen between now and the next council meeting on what is going to take place on Main Street.

City Attorney Pisanelli: I have no idea. Joe might know, or Mr. Tomoselli or Tim Dexter.

Council Member Gold: The council had called for a moratorium that no more trees would be removed until we can take further action.

Mayor Gould: Action may not be taken until Monday so I will assume that the sidewalks for the two blocks should be able to be fixed and the replanting in the two blocks. As I have said, the work is being done in a two block increments. The sidewalks and the replanting in the two blocks should be able to be done. I also think they can plant the trees into the empty tree wells that have been sitting there.

Council Member Gold: There are a couple of things on that that I would like to comment one. What I would like is 100% assurance/promise that Moratorium will be upheld until the council has a change to discuss this again at the meeting next Monday. It’s important that we have that promise. I need the Mayor to take firm and decisive action that no tree be removed at least until the council has its next meeting. I respectfully respect that the mayor take that action.

Mayor Gould: I can’t do it. I cannot stop activity without council approval. There is no way in the world that I am going to say, “You are going to stop this activity.” What did the resolution say?

Council Member Gold: The resolution did not have the moratorium in it. It was just a discussion and something that Joe was going to follow up on.

Mayor Gould: There must have been something written on it.

Council Member Gold: It was just a verbal agreement. It wasn’t a resolution. This is concerning us now because Joe is out and will probably be out the rest of the week. I know the way things work. I do not mean this in any derogatory way but we have the Mayor and others getting involved and somewhere along the line, the chain can break and someone can say, “I didn’t know.” And we end up removing a couple of more trees. I need to request that the Mayor take a firm and decisive action and enforce that no other trees be removed until the council has its next meeting. I respectfully request that the mayor take that action.

Council Member Shea: If we are talking about the sidewalks, why can't we repair the sidewalks and not touch the trees. It does not stop the job and may save the city money

Council Member Gold: For any new work the idea of putting the sidewalks in, I think that we are hearing that I and those people that are here tonight do not want any more trees to be cut. The sidewalks should be handled differently than the trees.

Mayor Gould: The contract specifies precisely what is to be done to the sidewalk. We cannot change the contract. I don't know if we can stop the project according to the contract. I was going to bring the contract for people to look at but I did not bring it.

Council Member Gold: Many people do not want any more trees to be removed. Those things will have to be explored before we proceed. Between now and next Monday no trees should be removed.

Mayor Gould: People have the impression that every tree on Main Street will be cut down which is simply not true.

City Attorney Pisanelli: We may want to have the engineer here next week. I do not have all the answers. We also need a representative from the contractor.

Council Member Foster: It would be better to have a friendly plan. We have some gaping holes with police tape around them. Going forward, we need a better plan. We cannot leave it as it is.

Randy Casale: What is the penalty for us stopping the work. Are the alternative ways more expensive if we change the plan? We cannot stop the project. This should have been done ahead of time and not now. We are behind the 8-ball.

Council Member Kelly: We voted on the contract but we did not vote on the number of trees.

Council Member Shea: We have to look at the contract.

City Attorney Pisanelli: We have a letter but it is too technical to understand.

Council Member Gold: There is so much that is uncertain. Everyone seems to agree that there should not be any more trees cut down before next Monday.

Council Member Kyriacou: If you need us, let us have a consensus vote. As Liz said some of these have already been started. They have to be finished and they have to be safe. The third thing is that we cannot decide this in three weeks. If we decide that we are going to cut down only a couple of trees, it is a completely different project.

City Attorney Pisanelli The council cannot say how it is to be done. That is up to the Engineer. We do not know if the replacement trees have already been purchased by the contractor. As of last Monday no more trees were cut. I think that sidewalks have been worked on and trees were planted. I would want to talk to the highway superintendent to find out as much as I can from him as well as from the engineer.

Mayor Gould: We have to have Consensus vote that we want the moratorium.

All voted yes.

City Attorney Pisanelli: We need to have the engineer, and someone from the contractor

Council Member Gold: We need to discuss the sidewalks, which we have not made a decision on. We need to do that.

Mayor Gould: They will do two blocks at a time.

Council Member Gold: We need to discuss the sidewalks.

Mayor and Charlie: Safety is our primary concern.

Randy Casale: Most of the sidewalks have been replaced on the south side of Main Street. The bricks have not been done. My suggestion is that I would try to have someone get in touch with the Highway Superintendent and ask the contractor what he intends to do for the day. You can tell them that you do not want any sidewalks done or trees cut down and find out how much it would cost. I think that the sidewalks have been done in that two-block area. Most of the trees were in the bricks. Contact the Superintendent and everyone would know what is going on.

Council Member Kyriacou: Maybe we can appoint an ad-hoc committee chosen from this room.

Council Member Gold: I would like to weigh in on the sidewalks. What if the cost is very high? What should the city do then? Randy's suggestion: The tree wells can be done.

Mayor Gould: Most of the sidewalks have been done.

City Attorney Pisanelli: We cannot make a decision until we have more information and the contracts are reviewed.

Council Member Kelly: After we get the consensus vote, we can contact the Mayor by email.

Old Beacon High School

Letter addressed to Phil Shea as 3^rd Ward Councilman suggesting the city buy the building for a variety of uses, from Howland Library Board current tenants, Green Teens, etc. etc.

Mayor Gould: Someone said that it is for sale. We are asking Dr. Parr to come to the next workshop. She indicated that they couldn’t hang on to it forever. I think that she should listen to the council and the residents. Having the artists studios there is a benefit. I understand that the school district had an offer.

Council Member Gold: We were trying to set up an appointment and a time where interested parties could come together and Dr. Parr was supposed to be invited. This is a time sensitive thing.

Comprehensive Plan. Sara Pasti is working on a date at the Memorial Building on October 17, 2007

Suggested Resolution from City of Corning

See attached letter and Resolution from Mayor Frank Coccho regarding requesting “Stephen Saland” and “Assemblyman Thomas Kirwan” requesting that they sponsor special legislation amending the New York State Agriculture and Markets law, allowing municipalities to fund a Trap-Neuter-Release Program.

City of Corning is looking legislation.

Council Member Gold: I think this is a great program. It is a benefit to the community. This will be placed on the agenda.

Proposed Local Law

Amending Article 3, Section 3.02 of the Charter regarding term of the City Administrator. See attached Proposed Local Law.

Council Member Kelly: Council Member Gold brought that forward to have the new elected mayor make that decision. There has been some discussion publicly and two years is too short of a time. I think it should be four years.

Mayor Gould: I think because the mayor's term is four years that makes more sense. Not too many people will mover here or leave their job for two years or maybe not even four years.

Council Member Kelly: If you increase it to four years, it would open the pool.

Council Member Kyriacou: To be in conjunction with the mayor's term is a good idea. I like that,

Mayor Gould: Our charter is different from Newburgh. The city admin is the head of all the dept. heads and they do not have term limitations.

City Attorney Gerard Pisanelli: I know that if the person is a veteran they have a hearing to protect their job. There should be an executive session to decide. He may not want to continue on the job.

Council Member Gold: This is not intended to be because of personalities. The mayor will have a safeguard and it would be up to the council to accept that. I am in agreement that it be changed to four years.

Mayor Gould: I had difficulty getting someone to apply for the job. It should be renewable.

Council Member Kelly: I am not in favor of this resolution. I think we should get a professional opinion also an opinion on residency. There are people in Beacon that can do the job.

Council Member Kyriacou: I would like Joe's input on this.

City Attorney Pisanelli: This is a local law. It would have to have a public hearing. It may infringe on the powers of the mayor and may need a referendum. We wan put this on the agenda for next meeting then we can discuss on a workshop.

Council Member Gold: I agree with the mayor. It should be renewable.

Council Member Kelly: It should say that the four-year term should read that it is renewable.

Inter-Municipal Agreement

See attached letter dated 8/29/07 from Philip E. Zegarelli, Chairman Historic Hudson River Towns, Mayor, Village of Sleepy Hollow along with a Proposed Agreement “Historic Hudson River Towns – Inter-municipal Agreement.

They want to extend that to lower Hudson valley more inclusive.

Local Law - To Regulate the Sale and Use of Outdoor Furnaces in Dutchess County

Mayor Gould: This will make them illegal.

Council Member Shea: The resolution is very detailed. If you burn the right thing, it can be very clean. Mayor Gould: The local law seems like a good idea to me.

Council Member Shea: This does not outlaw them but states how they should be used. And the time of the year that they can be used.

This will be placed on the agenda September 17, 2007.

Request by Council Member Gold to discuss George Mansfield – Sewage in his Basement

Council Member Gold: Regarding George Mansfield’s Complaint of Sewage in his basement. The city should be responsible for raw sewage going into his basement.

City Attorney Pisanelli: I did not know this was going to be on the agenda. I would have brought my files. The issue is whether or not the pipe was cracked. I thought the study was done.

Mr. Mansfield: This was done two years ago. Everyone I contact say that they do not have it. They keep referring me to someone else. This happens to me once or twice a year.

Council Member Gold: If we do not have the report, let's deal with the insurance company one-way or the other. We need to do a resolution. I suggest that whether we get reimbursement from the insurance company. The resolution is that if there is sewage in a resident’s home through no fault of their own, the city should be responsible.

Council Member Kelly: Sewage being backed up in your cellar is different than water being seeped.

Mansfield: Jamie McCollum has the summary report.

Council Member Gold: Let's see if we can get reimbursement from the insurance company.

City Attorney Pisanelli: I would like to see the summary report.

Mayor: I will contact Jamie McCollum to ask about the summary report.

Other Business

Council Agenda

Monday, September 17, 2007

Adjournment Meeting ended at 9:35 p.m.

Submitted by Lucy M. Cullinan – September 17, 2007