City of Beacon, NY 1 Municipal Plaza, Beacon, NY City Council Agenda Regular Meeting Monday, November 2, 2015 7:00 PM Call to Order Pledge of Allegiance Boy Scouts Troop 41 Present the Colors Roll Call: Public Comment: Each speaker may have one opportunity to speak up to three minutes on any subject matter other than those which are the topic of a public hearing tonight. Please sign in at the podium. This segment will last no longer than thirty minutes, with speakers recognized in the order they appear on the sign-in sheet. A second public comment opportunity will be provided later in the meeting for those who do not get to speak during this first segment. Reports: Ali Muhammad Charles Kelly Lee Kyriacou George Mansfield Pam Wetherbee Peggy Ross City Administrator City Attorney Mayor Randy Casale County Legislator Appointments: 1. Appointment of Animal Control Officer Local Laws and Resolutions: 1. Authorizing an Extension of Time to Comply with Conditions of Sale Relating to the Redevelopment of 65-71 E. Main Street 2. Agreement with Dutchess County SPCA for the Housing of Dogs Approval of M inutes: Minutes of October 19, 2015 2nd Opportunity for Public Comments: Each speaker may have one opportunity to speak up to three minutes on any subject matter other than those which are the topic of a public hearing tonight. This segment will last no longer than thirty minutes. Those who spoke at the first public comment segment are not permitted to speak again. The next workshop will be held on Nov. 9 and the next City Council meeting will be held on November 16. Adjournment:
Title: City of Beacon Council Agenda 11/2/2015 Appointment of Animal Control Officer Subject: Background: ATTACHMENTS: Description Res. to appoint ACO Type Backup Material
CITY OF BEACON CITY COUNCIL RESOLUTION NO. _ OF 2015 APPOINTMENT OF TIMOTHY SANKER AS ANIMAL CONTROL OFFICER APPROVE appointment of Timothy Sanker as an Animal Control Officer for the City of Beacon effective November 2, 2015. Resolution No. of 2015 Date: November 2, 2015 Amendments 2/3 Required Not on roll call. On roll call 3/4 Required Motion Second Council Member Yes No Abstain Reason Absent Ross, Peggy Kelly, Charles P. Wetherbee, Pamela Muhammad, Ali T. Kyriacou, Lee Mansfield, George Mayor Randy J. Casale Motion Carried
Title: City of Beacon Council Agenda 11/2/2015 Authorizing an Extension of Time to Comply with Conditions of Sale Relating to the Redevelopment of 65-71 E. Main Street Subject: Background: ATTACHMENTS: Description Res. 65-71E. Main Street Type Backup Material
CITY OF BEACON CITY COUNCIL RESOLUTION NO. 2015 AUTHORIZING AN EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF SALE FOR THE REAL PROPERTY LOCATED AT 65-71 E. MAIN STREET WHEREAS, the City of Beacon acquired the real property known as 65-71 E. Main Street pursuant to an In Rem foreclosure proceeding for unpaid real property taxes; and WHEREAS, on February 11, 2014, the City of Beacon conveyed the property to Dellaportas Enterprises I, Inc. ( Dellaportas ) and said Contract of Sale and Deed contained certain Conditions of Sale; and WHEREAS, Dellaportas has failed to comply with Paragraph I(7) of the Conditions of Sale which required Dellaportas to obtain a Certificate of Occupancy within one year after the closing; and WHEREAS, the City Council previously granted an extension to Dellaportas due to unforeseen circumstances hindering redevelopment of the property and required that four Certificates of Occupancy be obtained by November 6, 2015 and the other four Certificates of Occupancy be obtained by May 5, 2016; and WHEREAS, Dellaportas has been diligently working on the project to ensure timely completion, but has encountered unforeseen construction delays related to the age and condition of the building which were not previously known and has therefore requested a further extension. NOW, THEREFORE, BE IT RESOLVED, that for good cause shown, the City of Beacon City Council hereby extends the time for Dellaportas Enterprise to obtain the eight (8) Certificates of Occupancy for the subject building to May 5, 2016 and that all other conditions remain unmodified. 5102/11/555207v1 10/29/15
Resolution No. of 2015 Date: Nov. 2, 2015 Amendments 2/3 Required Not on roll call. On roll call 3/4 Required Motion Second Council Member Yes No Abstain Reason Absent Ross, Peggy Kelly, Charles P. Wetherbee, Pamela Muhammad, Ali T. Kyriacou, Lee Mansfield, George Mayor Randy J. Casale Motion Carried 5102/11/555207v1 10/29/15
Title: City of Beacon Council Agenda 11/2/2015 Agreement with Dutchess County SPCA for the Housing of Dogs Subject: Background: ATTACHMENTS: Description Res. DCSPCA DC SPCA Dog Housing Agreement Type Backup Material Backup Material
CITY OF BEACON CITY COUNCIL RESOLUTION NO. OF 2015 RESOLUTION TO AUTHORIZE THE RENEWAL OF AN AGREEMENT WITH DUTCHESS COUNTY SPCA FOR THE HOUSING OF DOGS IN THE CITY OF BEACON WHEREAS, the City of Beacon currently contracts with the Dutchess County SPCA for the care and shelter of dogs seized by the Beacon Dog Control Officer in the City of Beacon; and WHEREAS, such agreement is due to expire December 31, 2015; and WHEREAS, it is in the best interest of the City of Beacon to renew such agreement with the Dutchess County SPCA for 2016; and NOW, THEREFORE BE IT RESOLVED, that the City Administrator is hereby authorized to execute the renewal agreement with Dutchess County SPCA. Resolution No. of 2015 Date: November 2, 2015 Amendments 2/3 Required Not on roll call. On roll call 3/4 Required Motion Second Council Member Yes No Abstain Reason Absent Ross, Peggy Kelly, Charles P. Wetherbee, Pamela Muhammad, Ali T. Kyriacou, Lee Mansfield, George Mayor Randy J. Casale Motion Carried
DOG CONTROL HOUSING AGREEMENT THIS AGREEMENT, made this day of, 2015, by and between DUTCHESS COUNTY SPCA, a New York Not-For- Profit Corporation having an address of 636 Violet Avenue, Hyde Park, New York 12538 Hereinafter referred to as DCSPCA and CITY OF BEACON, a municipal corporation Hereinafter referred to as the CITY WHEREAS, the CITY OF BEACON Dog Control Officer, hereinafter referred to the DCO, is empowered to seize dogs pursuant to the provisions of Agriculture and Markets Law Article 7, 117; and WHEREAS, this Agreement applies only to dog(s) seized by the DCO that are running at large; and WHERES, pursuant to Agriculture and Markets Law Article 7, 117, dogs seized by a DCO are required to be properly fed and watered during the applicable redemption period; and WHEREAS, DCSPCA maintains a kennel for boarding dogs and other animals at its office located at 636 Violet Avenue, Hyde Park, New York, 12538; and WHEREAS, the CITY wishes to contract with DCSPCA to provide shelter for dogs seized by the DCO upon terms and conditions hereinafter set forth. NOW, THERFORE, it is hereby agreed by and between DCSPCA and the CITY as follows: 1) RECITATION INCORPORATED: These recitations above set forth are incorporated in this Agreement as if fully set forth and recited herein. 2) TERM OF AGREEMENT: This agreement shall be become effective January 1, 2016 and shall continue until December 31, 2016. 1
3) BOARDING: DCSPCA hereby agrees to provide boarding, which included shelter, food and water, as required by the Law for the following dogs: a) Any/all dogs running at large (stray) seized by the DCO as outlined by the Agriculture and Markets Law Article 7, 117(1) & (2); and b) Any/all dogs who have been seized by a court order pending a dangerous dog hearing, as outlined by the Agriculture and Markets Law Article 7, 123(2). All dogs seized by the DCO shall be delivered to the offices of DCSPCA at 636 Violet Avenue, Hyde Park, New York 12538. 4) HOLDING PERIOD: In order to provide the owners a reasonable time period in which to reclaim their seized dog, the DCSPCA and the CITY agree to the following: a) For dogs running at large (strays): i) Dogs that are not appropriately identified, as outlined by the Agriculture and Markets Law Article 7, 117(4), will be held for seven (7) days from the date they enter the shelter; ii) iii) Dogs that are appropriately identified, as outlined by the Agriculture and Markets Law Article 7, 117(6), will be held for eleven (11) days from the date they enter the shelter. The CITY is responsible for notifying the owner of the seizure, as per the Agriculture and Markets Law Article 7, 117(6). Upon expiration of the above stated holding periods, any and all dogs that have not been reclaimed by their owner, will become the property of the DCSPCA, as outlined by the Agriculture and Markets Law Article 7, 117 (7- a). b) For dogs seized under a court order pending a dangerous dog hearing, as outlined by the Agriculture and Markets Law Article 7, 123(2)as per : Dogs will be held until final disposition by the court OR a maximum of fourteen (14) days, whichever comes first. If the final hearing has not been held by the end of the fourteenth day, the CITY will be responsible to make alternate arrangements housing of such dogs. The DCSPCA may consider continued housing on a case by case basis to be negotiated with the CITY. c) Unclaimed dogs will be evaluated by the DCSPCA staff to determine if a dog s disposition and temperament will enable it to be adopted. If the dog is determined to be adoptable, it will be placed for adoption by the DCSPCA. If the dog is determined to not be adoptable, the DCSPCA will determine the best options for the dog. The DCSPCA reserves the right to handle the final disposition of dogs determined to be unadoptable within the Mission Statement of the DCSPCA. 2
5) RABIES VACCINATION: As outlined by the Agriculture and Markets Law Article 7, 109(1)(a), for all dogs that are to be reclaimed, the owner must provide proof of CITY license, including proof of rabies vaccination. As such, the DCSPCA will not release any dog to its owner without proof of current CITY license and rabies vaccination. In the event that the dog is not up-to-date on its rabies vaccine and/or the owner is unable to provide proof of such vaccine to the CITY, the DCSPCA will administer a rabies vaccine to the dog prior to redemption and will charge the owner for the cost of this service. 6) EMERGENCY VETERINARY CARE: In the event that a dog that is boarded is determined, by best judgment of the DCSPCA medical staff, to be in need of emergency veterinary care, the DCSPCA will arrange medical care for the dog. The CITY will be charged for the veterinary fees as incurred by the DCSPCA only in the event the dog is not redeemed by the owner. The CITY shall have the right to recoup the fees from the owner. 7) FEES: a) Boarding: i) The DCSPCA boarding fee is $40.00 per day. The first day is charged upon admission to the shelter and each subsequent day is calculated upon the dog being on the DCSPCA property at 12:00 am each day. ii) For dogs that are reclaimed by their owner, the owner will be required to pay the boarding fee directly to the DCSPCA. If an owner is unable or unwilling to pay this fee within the holding period, the dog will not be released to the owner and the dog will become the property of the DCSPCA upon expiration of the holding period. iii) For dogs that are not reclaimed by the owner, the DCSPCA will invoice the CITY for the boarding fee. iv) For dogs that have been seized due to running at large and have been previous deemed a dangerous dog by order from a Court of competent jurisdiction AND dogs that have been seized by court order pending a dangerous dog hearing, there will be fee of $150.00 in addition to any and all daily boarding fees. b) Rabies Vaccination: i) The fee for a rabies vaccine is $25.00 ii) For dogs that are reclaimed by their owner, the owner will be required to pay the vaccine fee directly to the DCSPCA. If an owner is unable or unwilling to pay this fee within the holding period, the dog will not be released to the owner and the dog will become the property of the DCSPCA upon expiration of the holding period. iii) For dogs that are not reclaimed by the owner, the CITY will not be billed for the rabies vaccine. 3
c) Emergency Veterinary Care i) For services provided by the DCSPCA medial team, the DCSPCA usual and customary fees will be applied. ii) For care that requires services from a community-based veterinarian, the actual fee from the veterinarian will be applied. The DCSPCA will make the determination of which community-based veterinarian will be utilized. iii) For dogs that are reclaimed by their owner, the owner will be required to pay the medical care fees directly to the DCSPCA. If an owner is unable or unwilling to pay these fees within the holding period, the dog will not be released to the owner and the dog will become the property of the DCSPCA upon expiration of the holding period. iv) For dogs that are not reclaimed by the owner, the CITY will be billed for the medical care fees. The CITY shall have the right to recoup the fees from the owner. 8) RECLAIM/REDEMPTION OF DOGS: In an effort to simply the billing process for both the DCSPCA and the CITY, both parties agree that for those cases in which the owner wants to reclaim their dog, the owner must pay any and all CITY fees/fines directly to the CITY and directly pay any and all DCSPCA fees directly to the DCSPCA. As such, the following process will be employed: a) All owners will be informed by the CITY and/or the DCSPCA of the necessary documentation and fees to be paid in order to reclaim their dog as well as the process to accomplish this task. b) Upon payment of the CITY fee, the CITY will issue a copy of the Agriculture and Markets Department Form DL-18 (or comparable form) to the dog owner or designee, which will evidence that the CITY has received all CITY reclaim/redemption fees. The owner will be instructed to present this documentation to the DCSPCA to reclaim their dog. Additionally, they will be informed of the need to pay the boarding and other applicable fees directly to the DCSPCA upon reclaiming their dog. c) The DCSPCA shall be available to process reclaims of dogs at its office on the following days: i) Monday thru Friday: 8:00 am to 4:00 pm. ii) Saturday and Sunday: 12:00 pm to 4:00 pm iii) Dogs may not be reclaimed on observed holidays 9) KENNEL SPACE: At all times, the DCSPCA will provide kennel space for all dogs that are seized; the Dog Control DCO will have twenty-four (24) hour access to DCSPCA kennels for the delivery of dogs. The DCO will be required to complete DCSPCA paperwork and ensure that the dog has food, water and bedding in its kennel. 4
10) INDEMNIFICATION: The DCSPCA shall defend, indemnify and hold the CITY, its officials, officers and employees harmless from and against all actions, proceedings, claims, damages, liabilities, losses and expenses including, without limitation, reasonable attorney s fees arising out of the wrongful actions of the DCSPCA. The CITY shall defend and indemnify and hold the DCSPCA, its officials, officers and employees harmless from and against all actions, proceedings, claims, damages, liabilities, losses and expenses including, without limitation, reasonable attorney s fees arising out of the wrongful acts or admissions of the CITY. 11) APPLICABLE LAW: This Agreement shall be governed by, construed and enforced in accordance with the laws of New York with regard to conflicts of laws and principles of law. 12) WAIVER: No waiver of any breach of any condition of this Agreement shall be binding unless in writing and signed by the party waiving such breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for repetition of such or any other breach unless the waiver shall specifically include the same. 13) MODIFICATION: This agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. 14) NOTICES: All notices, demands, requests, consents, approvals or other communications (for the purpose of this paragraph collectively called Notices ) required or permitted to be given hereunder to any party to this Agreement shall be in writing and shall be sent overnight delivery service or registered or certified mail, return receipt requested, postage prepaid. 15) SUCCESSORS and ASSIGNS: This Agreement shall apply to bind the successors and heirs, administrators and executor of the parties hereto. 16) ENTIRE AGREEMENT: This written Agreement, when signed by all parties, forms the entire Agreement between the parties and replaces and supersedes all prior Agreements or undertakings between the parties, if any. 17) BINDING EFFECT: This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties hereto. 18) AUTHORIZATION: This Agreement was authorized by Resolution of the Board of the CITY OF BEACON duly adopted at a regular meeting of the Board held on the day of,. 5
19) TERMS: This contract can be cancelled at any time from either party with sixty (60) days written notice. 20) PAYMENT: All bills submitted to the CITY will be paid within sixty (60) days. If no payment is made to the DCSPCA within sixty (60) days the DCSPCA reserves the right to charge a $50.00 per month surcharge. IN WITNESS WHEREOF, the parties have executed this Agreement in two (2) counter parts, each of which shall constitute an original, the day and year first above written. DUTCHESS COUNTY SPCA By: Hope Gamble, Executive Director CITY OF BEACON By: Randy Casale, Mayor 6
Title: City of Beacon Council Agenda 11/2/2015 Minutes of October 19, 2015 Subject: Background: ATTACHMENTS: Description Type 2015-10-19 minutes Backup Material
City of Beacon Council Minutes October 19, 2015 Regular Meeting These minutes are for the regular meeting of the Beacon City Council, held in the Municipal Center at 1 Municipal Plaza on October 19, 2015. Please note that the video recording of this meeting is available at http://vimeo.com/channels/40154. Council Members Present: Randy Casale, Mayor George Mansfield, At Large Lee Kyriacou, At Large Peggy Ross, Ward One Charles Kelly, Ward Two Pamela Wetherbee, Ward Three Ali Muhammad, Ward Four Council Members Absent: Also Present: Anthony Ruggiero, City Administrator Nick Ward Willis, City Attorney A moment of silence was observed for past and present servicemen and women First Opportunity for Public Comments: Each speaker may have one opportunity to speak up to three minutes on any subject matter other than those which are the topic of a public hearing tonight. Speakers: 1. Tom DiCastro: Mr. DiCastro mentioned a few concerns he has regarding the Hop restaurant: a. No parking sign in their window in an effort to prohibit parking in front of the restaurant. b. Outdoor café tables on the sidewalk leaving little room for pedestrian to pass c. Sign in the road 2. Dennis Pavelock, 34 Judson Street: Mr. Pavelock mentioned that he organized the pumpkin carving event on Saturday. He thanked the supermarkets that proved the pumpkins and Mayor Casale and Mark Price for assistance in getting the carving kits. He was very happy about how the event turned out and would like to do it again next year. 3. Kelly Ellenwood, Beacon Arts: Ms. Ellenwood gave the monthly report, highlight projects and events. They are proud to be involved with the American Center for Folk Music. They will begin advertising on WAMC next week. The next Second Saturday is November 14. Public Hearings: None Community Segment: None
City of Beacon Council Minutes October 19, 2015 Council Members Activity Reports Ali Muhammad Ward Four: Topics include: No report. Charles Kelly Ward Two: Topics include: Good evening. Thanks for coming out tonight and those who are watching at home. Attended both the Car Show and the Pumpkin Festival. It was a great day and so nice to see so many tourists and such positive energy. Lee Kyriacou At Large: Topics include: No report. George Mansfield At Large: Topics include: Good evening. Thanked the Chamber of Commerce for the Car Show. It was a great event and he appreciates the cooperation between the organizers and the business community. It was nice to see so many people enjoying our beautiful city. Pam Wetherbee Ward Three: Topics Include: Good evening. Thank you to Dennis for organizing the Pumpkin Carving event. It was a lot of fun. I agree with Mr. DiCastro about the concerns at the Hop this weekend. Thanks to the Chamber of Commerce and the local businesses for working together on the Car Show. Peggy Ross Ward One: Topics include: Grateful to all those how came out to the pumpkin festival it was very cold. Thank you to Dennis for the Pumpkin Carving event. The Solarize Beacon Plus program has extended their deadline to Oct. 25 th. Administrator s Report: Topics include: City Administrator gave an update on the levels of the reservoirs. Continue with the Stage 2 drought restrictions due to lack of significant rainfall. Mayor s Report Topics include: I d like to thank Dennis and Mark Price for the pumpkin carving event. It was a great event and hopefully it will be an annual event. Please notice our new LED lights which now are throughout City Hall with these lights we should see a reduction of energy consumption. This was free of charge from Central Hudson. If you go to the right on 9D you will see 4 lights they are 4 different levels of brightness. We are looking at different designs with the contractor. Thanks to the Chamber and the Cruisers and the Pumpkin Festival organizers for a successful day. It was pretty cold at both events but both were well attended. There was a brief discussion about the pros and cons of yellow lights.
City of Beacon Council Minutes October 19, 2015 County Legislator April Farley s Report: Topics include: Good evening. Ms. Farley gave an update on upcoming events and initiatives including Anti-Bullying Month. Ms. Farley gave an overview of the Dutchess county legislature s consent agenda. Thank everyone who came to both local events. Am grateful for those who attended and participated in both events. New Business: Mayor Casale asked for a motion to move the resolution to appoint the City Hall Cleaner to the beginning of Voting agenda. Motion by Councilman Muhammad, seconded by Councilwoman Ross All in favor 7-0 1. Resolution No. 119 of 2015: A Resolution to appoint Steve Garrison to the position of City Hall Cleaner. Motion Muhammad, seconded by councilwoman Wetherbee All in favor 7-0 Mr. Garrison was introduced to Mayor and Council 2. Resolution No. of 2015: A Resolution to Schedule a Public Hearing to the Proposed 2016 Budget for December 7, 2015. Motion by Councilman Mansfield seconded by Councilwoman Wetherbee All voted in favor 7-0 3. Resolution No. 117 of 2015: A Resolution to Authorize the Agreement with Vox, Inc. for Professional Design Services Related to the Mapping and Signage Project. Motion by Councilman Muhammad, seconded by Councilwoman Ross All voted in favor 7-1 4. Resolution No. 118 of 2015: A Resolution to Authorize the Agreement with Weston & Sampson for Professional Services Related to the Hudson Trail Planning Project. Motion by Councilman Muhammad, seconded by Councilman Mansfield All voted in favor 7-1 Approval of Minutes of the October 5, 2015 Meeting Motion by Councilman Mansfield, seconded by Councilwoman Wetherbee All voted in favor 7-0
City of Beacon Council Minutes October 19, 2015 Budget Amendments: City Administrator reminded Council that these amendments were discussed at the last workshop. Motion by Councilman Kelly, seconded by Councilman Mansfield All voted in favor 7-0 Appointments: Moved to first on the agenda. Second Opportunity for Public Comments: Each speaker may have one opportunity to speak for up to three minutes on any subject matter on which the Council can take action. No one wished to comment at this time. Next Workshop: October 26, 2015 Next Council Meeting: November 2, 2015 Motion to Adjourn, Councilman Muhammad, second by Councilman Kyriacou Adjournment 7:35 p.m. Respectfully submitted, Elizabeth Evans, Assistant to the Mayor
Title: City of Beacon Council Agenda 11/2/2015 The next workshop will be held on Nov. 9 and the next City Council meeting will be held on November 16. Subject: The next workshop will be held on Nov. 9 and the next City Council meeting will be held on November 16. Background: