Minutes
City of
SPECIAL COUNCIL MEETING (Prior to
The Special Meeting of the City of
Council Members in Attendance were: Mayor Steve Gold, Deanna Leake, Eleanor Thompson, Marlene
Fredericks, Randy Casale and Sara Pasti.
Excused Charles
Kelly
Also in attendance were: City
Administrator, Meredith Robson
City
Attorney, Richard Wolf
Media represented by: Goldee
Greene, Beacon Free Press
Residents at beginning of meeting: 20`
Public
Comments for this agenda are only for the Riverpool issue.
Mayor Steve
Gold: The Public Comments
will pertain to the River Pool issue, which is the only item on the
agenda. What we are going to be talking
about is the reason that we held this special meeting which is because for a
time sensitive reason, we need to authorize the agreement for River Pool at
Beacon so there is a document that we need to authorize and a resolution for
that so the Public Comments will pertain only to that issue. If anybody is here to discuss that, you have
five minutes to speak.
The
following letter was dated June 20, 2008 to the City Council dated June 20,
2008 was written by City Administrator Meredith Robson regarding the River Pool
at Beacon, Inc. Agreement (Note: This
was attached to the original agreement prior to it being amended. Amended version is under "New
Business").
RE: RIVER
Enclosed you
will find an Agreement with River Pool at Beacon. Inc. for your consideration.
I have discussed this with Ms. Cynthia Cowdcn, President of River Pool at
length. The only concern I have about this is their request to have the City
name River Pool as "additional insured"', I do not believe this is
appropriate as I think it creates a greater possibility for liability on the
City's part than it should accept. There may be some "middle" ground
if the City limits it to only acts of its own negligence, but I still do not
think it is something the City should do. Also, we should be considering why
this would be done in this case when we don't do this in other agreements with
non-profits, at least as far as I am aware.
Please do not
misunderstand my concerns. I support the "project" completely. I am
just raising this as an issue for you to consider. Ultimately, it is obviously
your call.
Please feel free to contact me with any
questions. Thank you.
River Pool
Speaker: Alan Zoler
Alan Zoler's prepared comments for Beacon City Council
Meeting:
Good Evening,
My name is
During those years I've have had the opportunity of
appearing before the Beacon City Council several times, and answering questions
about the floating pool. I have been pleased with the show of support the City
Council has shown verbally, in formal letters of support, through the
resolutions that have been passed, and the partnering we have had in this
project. City council members have been
supportive that as a volunteer organization, River Pool at Beacon has raised funds
through grants and donations for the floating pool project in Beacon, obtained
all the necessary permits (a long list), and guided the responsible design,
construction, and operation of a floating wading pool in Beacon's Riverfront
Park.
A break though toward our ability to proceed with, and
operate this pool, and more importantly any future floating pool, took place in
2004 when the City Manager verified that the operation of a floating pool on the shore of Beacon's Riverfront Park would be fully
covered under the City of Beacon's insurance policy and
at no extra cost. The status of that
insurance coverage (between the City of
I hope we can continue to have a mutually beneficial
relationship, which really is made possible by that magnificent resource we all
share namely the
Speaker: River Pool at Beacon, Inc. President: Cynthia Cowden (Cindy)
Cindy: I just want to introduce myself. This past weekend we wanted to open the
operation but it will not open until July 4th.
We operate entirely on donations.
It is a wonderful event. Grants
and various foundations fund a large part of our budget. Last year, the participation was 206
people. The season ends on Labor
Day. The highest one-day count was
100. It is enjoyed by children. It is a wonderful place for people to enjoy
the river.
A Council
Member inquired about the health and safety of the water.
Cindy: We have been testing the
waters and have never had a bad test.
They test it every week.
Council
Member Thompson: Do you
require a land phone?
Cindy: We do have a land phone
with emergency numbers on it.
Council
Member Casale: Why do you
want us to name you as an additional insurer?
It was written in the agreement last year.
Cindy: This year we made it a
little more formal - we would name the city and the city would name us. This will not allow an increase in our
premium.
Council
Member Casale: We do not
insure them; we ask others to insure us.
Mayor
Steve Gold: I am
afraid this is going to fall into a category as in the past. My thoughts are to go to the direction of it
is going to cost between 3 to 6 thousand dollars. We are doing an exception this year. Next year it will be a different situation.
Council
Member Pasti: Every
other organization insures itself. I
agree with the
Mayor.
City
Administrator Robson: It is just
that I had taken out "by June 23" and replaced it with "as soon
as possible".
Attorney
Wolf: We should
name a date.
Cindy: They require a signed copy from the city.
Council
Member Thompson: Can we buy
the pool back for $1.00? Then, we will
take it over and it will belong to Beacon.
We do not own a pool. There is a
pool at University Settlement but that now belongs to the state. We are providing the lifeguards there. Is there any way that we can utilize the
lifeguards at University Settlement Camp?
I fought hard for this pool. It
is rare that we have other people listed on our insurance.
City
Administrator Robson: Are you
asking for this for this year?
Council
Member Thompson: It could
be this year or next year.
Council
Member Pasti: I don't know
if we would want to take over this pool.
I wish we had $6,000 for the insurance.
Council
Member Casale: How much money
do you have?
Cindy: I think we have thirty thousand dollars. Our budget for this year is 26 or 27 thousand
dollars. Last year we earned $44,000.00. This money goes toward the purchasing of the
pool. The pool ended up costing
$200,000.00. A lot of the swim fees went
toward that.
Council
Member Thompson: Is it
possible to see what the expenses are for the pool?
Cindy: Yes, we can get those for you. We see this as a partnership with the
city. The grant requires that we own the
pool for six years. Maybe something can
be worked out regarding turning the pool over to Beacon.
Mayor
Steve Gold: We have a
pool that will be using our lifeguards.
I just think it is late in the year.
It is a large amount of money.
City
Attorney Wolf: The city
would be liable if there is a lawsuit.
Council
Member Casale: What is
the difference in them having insurance and us having them on our policy?
City
Attorney Wolf: They want
additional coverage.
Council
Member Thompson: Why would
we be drawn into it?
City Attorney
Wolf: If someone
wants to sue they will sue anyone possible.
Council
Member Thompson: We are
asking them to put our name on their insurance?
City
Attorney Wolf: Ultimately
you may be found not guilty in litigation, but as a practical matter you will
be named.
No further
comments
UNFINISHED
BUSINESS:
Resolutions: None
Local Laws
And Ordinances: None
Resolutions:
1. Resolution No. 93 of 2008
Authorize City Administrator to Sign Agreement with River Pool at Beacon, Inc.,
to Operate Pool in 2008
AGREEMENT
BETWEEN
RIVER
This agreement
is made on June 23, 2008 by and between the City of Beacon ("City"),
with an address at One Municipal Plaza, Suite 1, Beacon, New York 12508 and
River Pool at Beacon, Inc., (“River Pool”) a 501c3 non-profit organization with
an address at PO Box 173, Beacon, New York 12508, to operate a public floating
wading pool located off Riverfront Park in Beacon New York in 2008.
RIVER
(a)
Pay for the costs of the portable toilet rental rented by the City
of
(b)
provide and pay the costs of
workers’ compensation and disability insurance for lifeguards who work at the
floating pool,
(c)
provide a River Pool manager,
employed by River Pool at Beacon, Inc., to train and manage the lifeguard(s)
regarding operation of the floating pool and related area,
(d)
obtain and comply with all permits
related to constructing, installing, and operating the floating pool,
(e)
provide to City an approved
Written Safety Plan required by the Dutchess County Department of Health for
the operation of the floating pool prior to commencing operations.
(f)
perform any repairs or modifications
to the floating pool at River Pool’s expense.
(g)
name City of
THE
(a)
provide one lifeguard hired by the
City for up to nine weeks, seven and a quarter hours per day (
(b)
name River Pool at Beacon, Inc. as "additional insured" on
the City of
(c)
provide a written accounting of
the funds received from River Pool as part of each monthly invoice,
(d)
provide assistance with installing
and removing the pool.
This agreement is effective
Date:
Cynthia Cowden, President Meredith S. Robson, City
Administrator
River Pool at Beacon, Inc.
Motion to
authorize city administrator to sign agreement with River Pool: Council Member Pasti. Seconded:
Council Member Leake.
Discussion/Comments:
Council
Member Thompson: I am
baffled. We are going to be liable if
anything happens. Our administrator says
that we should not go with this.
If we do
not have this on our insurance will the pool not open?
Mayor
Steve Gold: Read from
a letter which states that it is marginal as to whether they can offer this
service.
Council
Member Thompson: Is it
possible that we can see some leverage and have them charge a minimal feel to
offset the cost of this insurance.
Council
Member Pasti: Do you
feel that we would be endangering the city if we went along with this?
Council
Member Leake: As for
charging the fee, I don't think we should charge the children. This is the only thing that is free.
Mayor
Steve Gold: If we do
approve this we would like you to work on doing more fundraising.
Allen: To have swimmers donate funds through their
fees in order to provide for insurance is less than a prudent way of fund
raising.
Mayor
Steve Gold: We will
discuss this in the future when we talk about the next step.
On roll
call, all voted in favor with the exception of Council Member Casale. With a vote
of five "yes" and one "no" vote, motion was carried.
Local Laws
And Ordinances: None
Ratifications
- Appointments: None
Announcements: None
Public
Comments: None
Budget
Amendments: None
Next
Workshop:
Next
Council Meeting:
Motion to
adjourn Special Meeting at
Submitted by Lucy M. Cullinan -