Workshop Minutes

City of Beacon Council Workshop Meeting

October 29, 2007

 

WORKSHOP

 

The City of Beacon Council Workshop held on October 29, 2007 at the Municipal Center, One Municipal Plaza began at 7:05 p.m.

 

Council Members in Attendance were:  Clara Lou Gould, Elizabeth Foster, Charles Kelly, Phil Shea, Steve Gold and Eleanor Thompson.

 

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

 

Agenda

 

Police Budget:  Capt. Glenn Scofield - Beacon positions needing filling – See letter to Joe Braun dated10/3/07

 

Captain Scofield:  Briefly referred to his budget presentation that he gave in late August when he presented his comprehensive proposal, which included the department needs such as salaries, equipment, etc.

 

Council Member Questions and answers:

 

Council Member Kelly:  How many officers are we paying that are not working?

Captain Scofield:  There are three on administrative leave.

Council Member Kelly:  How long does it take for the processing of newly trained Police Officers through the academy?

Captain Scofield:  The Police academy is twice a year - one in January and one in July.  If we miss the Jan startup, we would have to go to the summer.  It takes approximately seven months in all.

Council Member Kelly:  Do we take lateral transfers from other cities?

Captain Scofield:  If we get an applicant from another city, they have to take the test here in Dutchess.  The next exam is November 17th.  The exam after that one will take place again in three years.  Currently we are working off the list of four years ago.  Recently we hired three officers off the list that were working in the sheriff's dept.  Every single new officer that is hired by Beacon must go through the investigative process no matter how much experience they have.  We currently have one officer who is due to retire in 2008.  As for vehicles:  we are requesting 2 patrol vehicles and one unmarked vehicle.  We currently have ten marked cars.  Computers in the patrol cars are a big-ticket item.

Council Member Gold:  Why do you think you need 41 rather than the 39 used in the past to accomplish the duties now assigned?

Captain Scofield:  The current contract allows two officers to be off at the same time for vacation or illness.

Council Member Thompson:  Why don't we have auxiliary police?

Captain Scofield:  For training and liability reasons.  Back in the 80's there was issues involving lack of training, liability, safety and union issues so they dissolved the program.

Council Member Kelly:  What percentage overall is the increase in the Police Budget?  My interest is to keep the increase to 4-1/2%.  Taxpayers have to have some relief.  If it is more than 4-1/2% I suggest you look at making some serious cuts.

Captain Scofield:  We are looking into two new dogs.

City Administrator Braun:  was asked how the vehicles were paid for in the past.  Four or Five years ago, we talked about paying for them over a matter of time, but now we take it from the fund balance.  I think 80,000 miles on a vehicle is the time to get new vehicles.

Council Member Shea:  Can we lease cars?

City Administrator Braun:  We did that at one time.  Now we buy cars on state bid and then when we sell them and make money. 

Captain Scofield:  When asked about civilian dispatchers.  The reason that we do not have a civilian dispatcher, is that we believe that the dispatcher would replace a police officer in the office who might have to check on prisoners

Council Member Kelly:  Asked about community watch groups?

Captain Scofield:  They are a great help.  Police officers cannot be at more than one place at a time.  We have a number of officers who are doing more than one job.

 

The council thanked Captain Scofield for his presentation of his budget needs.

 

Grant Writer contract  - Susan Roeller Brown

 

a)        Extend 2007 agreement by 25 hours to prepare Greenway planning application for use of University Settlement camp

 

b)       2008 Agreement

 

The following email from Susan Brown dated October 22, 2007 addressed to Mayor Gould and Beacon Administrator Brawn regarding contract extension:

 

Dear Clara Lou and Joe,

Attached is a proposed contract amendment to increase my current grantwriting services contract by an additional 25 hours to allow for the preparation of a Greenway planning grant application for University Settlement Camp. The cost of this amendment would be up to $1,875 (25 hours @ $75/hour).

Per your request, Clara Lou, I have also attached an annual contract proposal for grantwriting services for 2008.  I have proposed 275 hours of service, based on our experience this year.   The annual cost of these services would be up to $20,625 (275 hours @ $75/hour).

Please let me know if you need any additional information. I will plan on attending the Council workshop on Monday, October 29, to answer any questions the Council may have about grant opportunities and/or my services.   Once they are approved, I will send you signed copies of the contract amendment and 2008-contract proposal for your signature.

Thank you for the opportunity to continue my work with the City of Beacon. Susan

 

The following email from Susan Brown dated October 24, 2007 addressed to Mayor Gould and Administrator Braun regarding Grant Ideas for 2008:

 

Dear Clara Lou and Joe,

 

At Monday's workshop meeting, should I be prepared to discuss possible grants the City might want to pursue during 2008? If so, here is a list of projects/needs that have been passed along to me and potential funding sources:

 

           Funding for new police officers through Community Oriented Policing Services (COPS) Universal Hiring
Program (from Glenn Scofield)

           Funding to hire civilian staff through COPS Secure Our Schools program (from Glenn Scofield)

           Restoration of the Tioronda Bridge through NYSDOT's Transportation Enhancement Program (TEP)

             Clean up of the Highway Department facility and neighboring junkyard through EPA's Brownfields program
- is this the correct site?

             Invasive species eradication through NYSDEC's Environmental Protection Fund - what project do you
have in mind?

             Sightseeing binoculars/telescopes for the waterfront (from Bob Murphy) - corporate sponsors to be
identified

 

Other projects for which funding might be sought include grants to:

 

             develop a management plan and implement improvements at Hiddenbrooke

             implement improvements at University Settlement Camp (assuming we secure a Greenway grant for the
planning phase)

             complete a Fishkill Creek Corridor plan for conservation, redevelopment, and Greenway Trail

             develop a Main Street urban design plan

             secure a facility for a community center

             plan and implement activities/events for the Beacon 2009 celebration

 

Are there other potential projects that should be on this list for 2008?  Thanks for your feedback.  Susan

Susan Roeller Brown 94 Sharon Turnpike Millbrook, NY  12545 845-677-6709

 

Susan Roeller Brown:  I have a couple of things pending.  There are many things that we would like to do and there are grants to support them.

Council Member Gold:  A grant was written for acquisition of University Settlement.

There are a number of grant programs that we can look at for "planning so that we can hire a group.  There are interests from not for profits.  As far as that property goes, we can apply for planning grants.  University Settlement. 

Council Member Gold:  I am glad you are working for the city.  You delivered on what you promised.  Re:  The old high school.  It is up for sale now.  Do you have any grants that we can apply for?  You might know of ways to make that happen.

Susan Roeller Brown:  The city is eligible for grants that "not for profits" are not eligible for.  I will do some research to see what is out there.  We can probably develop a program to receive matching funds. Council Member Gold:  The list is endless as to what we can use this school building for seniors, teens, etc.

Susan Roeller Brown:  If that facility is in the right location, there are some state funds that can be looked into.  I would be delighted to do that with some additional information.

Council Member Kelly:  You might want to look at other communities to see how they are able to keep their old schools.  I think that there is a need to keep that building in the community.  We do not want the entire burden on the taxpayers.  I think your idea to have the mayor set up a task force to look into this is a good one.

Susan Roeller Brown:  There are several sources of funds for revitalization.

Council Member Kelly:  We would like to make the old school more community oriented.

Mayor Gould:  We have artists there now.

Council Member Gold:  Asked about a grant for the Restoration of Tioronda Bridge.

Susan Roeller Brown:  There is a grant for that.

 

The council was in favor of and pleased with the suggestion of going after specific grants for proposed projects in the City of Beacon.

 

The contract renewal was brought up:

 

City Administrator Braun:  This new agreement is for "x" number of hours that Susan will pursue what the council suggests such as the high school.  The grant needs budget authorization before she goes out and does it.

Council Member Thompson:  I think we need a grant writer to do it and getting it done.  Susan suggested that we tell her what we want her to pursue and she will work on those items.  This is what I am looking for.

 

This will be put on the agenda for the budget.

 

Sewage problems not caused by Homeowners

 

a)      Propose Local Law to cover everyone?

b)      Invite firefighter representative

 

Council Member Gold:  When the basements are being pumped out, how can we distinguish whether it is sewage or if it is just water?

Council Member Kelly:  You can take a sample and have it tested.

Council Member Gold:  All water must contain some sewage.  How do we distinguish the acceptable level of this to apply this law?

Council Member Kelly:  I think the burden of proof should be on the homeowner.

City Attorney Pisanelli:  It comes back to the insurance company where a claim is made.  In this situation, if all these are proven, it is a clear-cut case for the insurance company to pay.

Council Member Kelly:  Asked Chief Joseph:  Can you tell if it is sewage or water?

Chief Joseph:  It is pretty obvious when you have sewage.

City Attorney Pisanelli:  The homeowner should be obligated to notify the city as soon as possible.

Council Member Gold:  The city would have the responsibility of having the water tested.  There should be an acceptable level to determine what is a safe.  If the test shows no signs of sewage, the homeowner should pay for the test.  If it does show signs of sewage, the city will pay for the test.

 

Mayor Gould:  Attorney Pisanelli will have this ready for our next council meeting.

 

c)      Resolution to cover George Mansfield

 

Attorney Pisanelli:  The difficulty of this is that is impossible to reimburse an individual with a resolution. .  My recommendation is that he brings a suit against the city and the insurance company should react.

Council Member Gold:  I don't think we should tell residents to sue us.  I think we should turn around and sue our insurance company.

Council Member Thompson:  I say that we find a way to pay the man because I know that we are at fault.

Council Member Kelly:  When the city was sued in the past, has the city ever negotiated a settlement rather than go to court?

City Attorney Pisanelli:  If the city wants to do this differently than the way it should be done, someone should be appointed by the council to act as mediator.

Council Member Kelly:  I think that we should have a mediator to listen to the city and Mr. Mansfield and come up with a negotiated settlement.

City Attorney Pisanelli:  I am not suggesting anything improper.

Council Member Kelly:  I think that the meeting of the minds would be acceptable.

City Attorney Pisanelli:  My suggestion is to adjourn until mediation can be done between Mr. Mansfield and the city.

Council Member Gold:  We are asking the city to do due diligence to get this engineer's report that were told exists and which we never received.

Mayor Gould:  Will contact the engineer for a copy of the report.

 

Proposed Local Law - Storm Water Proposed Local law.  (NOTE:  must be passed by end of year)

 

City Attorney Pisanelli:  The council got copies of two local laws.  I have not seen them and I do not have copies.  I have copies of some documents but I do not know if these are the final documents.

City Administrator Braun:  I will ask for an absolute final copy.  I suggest that we review it and if it does not have any fatal flaws, we should process it.  This should have two public hearings.  On Monday it will be on the agenda for the first reading and in two weeks be voted on.

 

Put on the agenda for November 5, 2007 for first reading.

 

Traffic Safety Committee - Recommendation - “No Parking, Stopping or Standing Here to Corner” signage to be placed 30 feet on both sides of St. Luke’s Place at the intersection of Churchill St.”

 

Mayor Gould:  This does not need a public hearing.  It just needs a vote.  This will be placed on the Agenda for November 5, 2007

 

Proposed Local Law - Cabaret Law - Noise - from last workshop.

 

City Administrator Braun:  We are trying t protect the quality of life.  This law will straight forward do that.  In the past Captain Scofield gave some views and suggestions.  There is a training session in Westchester.

Council Member Thompson:  Why can't we enforce the laws that we have now?  Is there a particular neighborhood that is worst than others?

Captain Scofield:  As far as the noise on Fishkill Avenue, our typical response is to advise the business to remedy the situation.  I can understand that if it happens more than once, it is a problem.  If we go back three times, we will shut it down.  It is my understanding that it is mainly on Fishkill Avenue.

Council Member Gold:  I spoke to the homeowners there.  Sometimes it has been addressed.  Other times it has not.  Businesses on Main Street are trying to make a go of it.  But it is not the same as a residential neighborhood like Fishkill Ave.  I think that Fishkill Ave gets out of control.  I suggest that this law be looked at again.  It should be applied to residential areas where there are nightclubs.

Mayor Gould:  There are many residential areas on Main Street.

Council Member Kelly:  I think this is an issue of law enforcement rather than legislation.  I think our cabaret law is giving the residents false hope.

Council Member Shea:  If there are continuous complaints about these establishments, they can lose their liquor license.

City Administrator:  I think we can bring up the parking spaces issue.  I feel sorry for the people who have to deal with the noise.

Council Member Gold:  The law regarding capacity and parking spaces should be looked into

Council Member Shea:  They should be held to the licensing laws.

Council Member Kelly:  This cabaret law gives us the authority to act.  I would support enforcement rather than litigation.

Council Member Gold:  I would like to go back to see if we can have this law for a certain size establishment.

Mayor Gould:  They might do well to not use the patio.

Council Member Thompson:  I guess we should go back and look at our laws.

Council Member Gold:  Asked the police representative what would happen if they were guilty of loud noise.

Police Representative: provided the amount of fines for each violation.

 

This will be ready for the next workshop.

Council Member Kelly:  We need Tim here at the workshop also.

A suggestion was made that we tell the owners of their establishment that they cannot allow their patrons to go out doors.

Council Member Gold:  That is not strong enough.

Mayor Gould:  That is a good start.

Council Member Gold:  We should discuss this at a workshop.

Council Member Kelly:  Asked the Police Captain to make suggestions and help us come up with a law that would solve the problem.

Police Representative:  I think keeping them inside is a great suggestion.  I also think that the fines should be increased.

City Administrative Braun:  We should look at the parking spaces law.  We can use the laws that we have now to accomplish our objective.

Mayor Gould:  I think that we should get suggestions from the Police Dept. and the Building Department. and come up with a solution.

 

This will be discussed further at a future workshop.

 

Proposed Local Law - Outdoor furnaces - Tabled at meeting of October 15.  Waiting input from Building Department

 

We are still waiting for information from the building department.

 

Forrestal Heights - Rule requiring tenant permission to open door in emergency

 

Mayor Clara Lou Gould read the following letter dated October 29, 2007 from the Housing Authority, One Forrestal Heights, Beacon, NY in answer to a complaint that they would not permit access to an emergency situation.

 

Dear Mayor:

It troubled me to learn that the City Council has "Forrestal Heights -Rule requiring tenant permission to open door in emergency" placed on their workshop agenda for this evening. My concern over this agenda item is multi-faceted.

Our first concern is that our office learned about this agenda item second­hand. Approximately one week ago, our office received a call from our attorney, Gerard Pisanelli, regarding an e-mail that he received from a Council member about a certain tenant. Our office provided our attorney with the necessary information to answer this e-mail.

Today, we received information. which a visit to the City website confirmed, that this matter was on tonight's workshop agenda. No one from the City Council, or the Mayor's office, contacted our agency to discuss this matter prior to it being brought to workshop. Our attorney stated that he had not yet responded to the e­mail and had just been informed that this would be on the workshop agenda. Our office is actually not even sure what "rule" is being referred to or what the City Council hopes to accomplish with a workshop. Since there has been no communication from the City, we can only assume that it has to do with the e-mail our attorney received. It is disheartening that there was no effort made to communicate directly with the Housing Authority first.

If this were indeed about the e-mail our attorney received from Steve Gold, our office would like to state that our tenant is very wrong. According to our records, Health Watch called our answering service at 4:00 am on 9/12/07 on behalf of this tenant (whose name our office will not release for confidentiality purposes) to request that maintenance open the door for paramedics. Maintenance responded to her apartment and opened the door. Apparently, this tenant had another incident a few days later but did not call the answering service. Instead, the on-call maintenance worker heard the call dispatched over his ambulance/fire pager and responded to the apartment. By the time he arrived, emergency personnel had already gained access through a window. We have no idea what this tenant is referring to when she claims there is a form that must be filled out or that maintenance stood by and watched the ambulance workers climb through a window.

Our agency has prided itself on its commitment to cooperate with the fire department, police department, and ambulance corps. We have never denied emergency personal access to any apartment. In fact, our staff has often been on-hand to assist these agencies after hours and on our own time. A simple phone call to any of these agencies will confirm this.

As you may not know, both Hamilton Fish Plaza and. Forrestal Heights are equipped with a Knox box, This Knox box, which emergency personal have access to, contains a master key to open any apartment in the event of an emergency. Therefore, even when our staff is unavailable, access to apartments still is. This box should, have been utilized instead of the apartment Window.

Also, our maintenance staff is on call. 24 hours a day 7 days a week, Even though providing access to an apartment is not necessarily a. "maintenance" emergency, our maintenance staff has always, and will continue to, open doors when needed.

Finally, our agency is very upset that this agenda item appears to suggest that the Housing Authority is in some way prohibiting access to OUT tenants' apartments in an emergency. This is not only wrong but is demeaning to the staff that come from home at 4:00 in the morning to open doors, emergency or not. The safety and. security of our tenants is the Housing Authority's utmost concern.

Christine Scofield, Acting Executive Director

 

Council Member Kelly:  I will pursue this with the ambulance corp.  Charlie asked Joe if we got an attorney regarding the bus stop.

City Administrator Braun:  Yes, we did.  Maybe a letter to the executive director might work.

 

Banners - DCAC Comments - Add any to resolution passed 10/15/07

 

Comments about banners:  An email dated October 12, 2007 addressed to the Mayor and copies going to each council member from Sara Pasti containing a list of concerns by Benjamin Krevolin was mentioned

 

The city's only extent of obligation is that they are hosting this program.

 

Council Member Gold:  asked if we could have an agreement drawn up that we have the right to remove these at any time.

City Attorney Pisanelli:  This will protect the city.  It should be short and sweet.

 

Property tax discounts:

 

a.  Firefighters

 

Letter from Garry Cooper, Chairman Dutchess County Legislature, Local Law, August 30, 2007:

 

The following resolution entitled "A Local Law to Allow Enrolled Volunteer Firefighters and Volunteer Ambulance Workers to be Eligible for a County Real Property Tax Exemption Under Real Property Tax Law (RPTL) Section 466-c" has been introduced by Legislator Tyner.  It would be appreciated if you would review the attached local law and forward your comments at your earliest convenience.  Thanks you.

 

The following letter dated October 10, 2007 written by Mayor Gould to City Administrator Braun:

 

The enclosed memo from Fire Chief Tim Joseph requests the Council to consider a property tax exemption for volunteer firefighters and volunteer ambulance workers.  Dutchess County has recently proposed an exemption at 10%

 

Can you give us an estimate of what the cost of this exemption would be to the city of Beacon?

 

We do, of course have the service award program for firefighters which was intended as an incentive, but that takes effect only after retirement.  This might have more appeal and would also make housing more affordable.  Cc:  City Attorney Pisanelli.

 

Memo to Mayor and City Council Members from Fire Chief Timothy Joseph dated September 17, 2007 regarding Real Property Tex Exemption:

 

The Dutchess County Legislature has proposed a 10% Tax Exemption for volunteer firefighters and volunteer ambulance workers.  To try and retain and recruit and just show our volunteers in the City of Beacon that we appreciate them, I would like to see the City Council enact a similar law in the City of Beacon for our volunteers.  I am enclosing a copy of the County Legislature proposed local law for your review.  Thank you.

 

Council Member Gold:  If this can help us bring in more volunteer fire fighters, the decrease in their property taxes will help.  I think that we should give them a greater discount.  The total now is only $3,940.90.

Chief Joseph:  I sent the council members the law and I thought it would be a good idea for the volunteers as long as they fulfill their qualifications.  If you have a history of five years as a volunteer, the discount would be for life.

Council Member Thompson:  We had gotten permission to do this a long time ago.

Council Member Kelly:  We should come up with a package which is more than the 10% discount on their property taxes.

Chief Joseph:  Most people who stay for five years end up staying a lot longer time than that.

 

This will be discussed at a workshop.

 

Muslim Identity Symbol - Request for Muslim Identity Symbol.

 

Mayor Gould:  We do not have any religious symbols here in Beacon.  He calls a Christmas tree a Symbol.  I will tell this man that we do not do Holiday Displays.

 

Website - Request to create additional website directed more to visitors  - Henry Long

 

Mayor Clara Lou Gould mentioned briefly about this person's request.

 

Council Member Gold:  The City of Beacon Website that I do is a lot of work already.  Creating another website would be impossible.

 

Mailboxes - No blocking mailboxes                    

 

The following information was obtained by Colleen Swift, Secretary to Mayor Gould addressed to Mayor Gould, Administrator Braun and Attorney Pisanelli dated October 2, 2007 regarding Blocking Mailboxes:

Mayor,

I called the Beacon Post Office to see if there was any Federal Law against blocking Mail Boxes.